Yesterday, I was please to be able to report on the dropping of the false criminal charge filed against Christina Pushaw by Rebekah Jones. It was a particularly sweet day for me because it was the eight anniversary of the Montgomery County State’s Attorney’s Office dropping a false criminal charge that Brett Kimberlin had filed against me. In both my case and Ms. Pushaw’s there was nothing to provide an evidentiary foundation for the charges. Eight years ago today, I took the opportunity to tell Kimberlin You Must Construct Additional Pylons to support a real case.
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No wonder I walked out of the courthouse a free man.The false charge filed against Aaron Walker has also been dropped.
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In 2013, case like mine would be retained in the online case search system. Now, cases like Ms. Pushaw’s are automatically expunged when they are nolle prosed.
My case did wind up being expunged without my knowledge at the request of the State’s Attorney’s Office. I had to go to court to have it unexpunged so that I could sue Kimberlin for malicious prosecution.
Just like all the other members of Team Kimberlin, Neal Rauhauser is a failure. He’s the author of the pro se litigation scheme that backfired so wonderfully against both Kimberlin and Schmalfeldt. While he had some short-term success doing social engineering for leftwing organizations, almost everything he has touched turned to lead instead of gold.
One of Rauhauser’s failed projects was a plot to get bloggers who were writing about Team Kimberlin thrown off of Twitter. His plan wasn’t well thought out and was poorly executed. It led to this post from eight years ago today which asked “Is #NealRauhauser Buying His Plans From Acme?
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Neal Rauhauser has tipped his hand on his formerly sooooper seekrit plan to get a bunch nefarious right wing nut jobs (including me) off of Twitter. He’s been recording and archiving our “offending” tweets. He taken my name 1861 times so far which amounts to just over 1/3 of the total bad tweets he’s logged.
UPDATE—Neal’s list was supposed to inspire “panic” and cause “massive deletions.”
Uh, huh.
He panicked and deleted his list within a few hours.
LOL.
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Rauhauser’s idea about using false accusations of targeted abuse did achieve a temporary bit of success a couple of years later when I was permanently banned from Twitter for targeted abuse. The ban was based on false accusations made by Brett Kimberlin when he filed a peace order petition against me in the name of his wife’s elder daughter. When the peace order petition was denied and denied again on appeal, the Kimberlin’s filed a false criminal complaint alleging the same set of facts. Because the facts couldn’t be proved to the preponderance of evidence standard for the peace order, there was no way the evidence could lead to a conviction under the higher standard required for a criminal case, the State’s Attorney quickly dropped the charge.
A few days after the charge was dropped, Twitter contacted me and offered me my account back. I’ve been back without issues for over six years, and Twitter is not as careless about what they say about suspended accounts or to whom they say it.
Before Brett Kimberlin filed his first LOLsuit against me, he filed an Application for Statement of Charges against me falsely alleging that I was harassing him. So before he sued me, he set himself up for my filing a civil action against hime for malicious prosecution. Eight years ago today I posted that #BrettKimberlin Makes My Day.
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I know that Napoleon famously said not to correct your enemy when he is making a mistake, but Brett Kimberlin is gonna need a very good lawyer. As I mentioned earlier this evening, he has charged me with harassment. And he’s similarly charged Aaron Walker. I’ll let Aaron speak for himself, but now that I’ve talked to my counsel, I have this to say.
The charge is not only bogus. It’s stupid.
Brett Kimberlin is a convicted perjurer. He can’t give testimony in court. [See note below.] Regardless of what he puts in an Application for Statement of Charges, the Montgomery County State’s Attorney’s Office knows that there is no competent evidence in the document because Brett Kimberlin can’t back it up with testimony in court. Gentle Reader, why do you think that the charges he filed against Jay Elliott were tossed so quickly? It could take a couple of weeks, but nolle prosequi is really the only alternative, and that means the charges are dead in the water.
But pretend that through some silly error the State’s Attorney decides to prosecute. If the information in the Maryland Judiciary Case Search database is correct, proving the charge to be false will be a trivial matter.
Yes, the charge is facially false. That opens up all sorts of interesting possibilities. Knowingly filing a false charge is a criminal offense in Maryland, and it should be easy to prove that Kimberlin knew or should have known that the information he gave was bogus.
Also, I am a potential witness in legal matters relating to Team Kimberlin in three counties in Maryland and at least two other states. Is this charge an attempt to intimidate me? If so, it won’t work, and witness intimidation is frowned upon in Maryland.
Those are only two of the possible criminal liabilities that Kimberlin may have just created for himself, as if he doesn’t have enough on his plate with sexual offense in the third degree. Of course, I have possible civil remedies as well, as if a divorce and Bill Schmalfeldt’s frivolous motions, peace order appeal, and DMCA tomfoolery wouldn’t be enough to keep him Acme Legal busy. (Meep, meep!)
Then there’s a potential problem stemming from how he may have used corporate assets of Justice Through Music Project to engage in his harassment aimed at BlogBash last March. Advocacy is one thing. Stalking is something else.
The Team Kimberlin ship has a big hole below the water line, and it looks like The Dread Pirate Kimberlin has opened the scuttlecocks.
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During the time that Kimberlin was suing me, Maryland was the last state with a law prohibiting convicted perjurers for giving testimony in court. He found out about his disability when my lawyer prevent him from testifying in the Hoge v. Kimberlin peace order hearing. He was never able to offer testimony in any of the state LOLsuits he filed against me.
However, the state senator representing Kimberlin’s district offered legislation repealing the ban on testimony from perjurers which passed in time to allow Kimberlin to be subjected to cross examination in the Walker v. Kimberlin, et al. and Hoge v. Kimberlin, et al. lawsuits.
Kimberlin’s felony convictions are so old now that they can’t be used to impeach his reliability as a witness in a Maryland proceeding—except for one—his conviction for perjury. A court and jury can be told of a prior perjury conviction regardless of how long ago it occurred.
Rebekah Jones filed a bogus petition for a peace order against Christina Pushaw. Because she filed her petition outside of normal business hours, she was granted an interim peace order until a judge could evaluate her petition. When she appeared before a judge, she was granted a temporary peace order based on her unchallenged testimony. After Ms. Pushaw was served with a copy of the temporary order, a second hearing was held during which Jones’ testimony was subjected to cross-examination. When her allegations were subjected to the rules of evidence, her petition was denied, and no final order was issued.
Ms. Pushaw was never served with the interim order, but the day after it was issued, Jones filed an Application for Statement of Charges claiming that Ms. Pushaw had violated the order. Her sworn complaint is clearly false because Ms. Pushaw had not been served with the order, but it resulted in a summons being issued to Ms. Pushaw. The online Maryland Judiciary Case Search shows a “trial” date of 7 June. Based on my own experience with this kind of false complaint, if the charge hasn’t been dropped for lack of evidence by that date, there will be a preliminary hearing before a judge to determine if there is probable cause to go forward with the case. Given the lack of service, there should be no finding of probable cause.
An Application for Statement of Charges is signed under penalty of perjury. Perjury is only a misdemeanor in Maryland, but it is punishable by imprisonment for up to 10 years.
This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.
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I received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.
I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.
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When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.
Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.
Not all of The Dread Deadbeat Pro-Se Kimberlin’s losses in court were huge disasters. The TKPOTD from three years ago dealt with a one of many minor setbacks suffered by Brett Kimberlin in his campaign of brass knuckles reputation management via lawfare.
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I filed this motion with the District Court for Montgomery County last week.
Having posted that motion, I suppose it’s time to explain what happened in the District Court on Thursday, the 18th. That afternoon there was a hearing on Aaron Walker’s motion to vacate the expungement of the harassment charge issued against him on the basis of Brett Kimberlin’s perjured Application for Statement of Charges. Aaron’s motion was granted, and the case is now visible again in the online database.
The Dread Pro-Se Kimberlin had written in one of his recently stricken filings in the Walker v. Kimberlin, et al. lawsuit that Aaron shouldn’t be able to use an expunged case in evidence. In fact, TDPK misinformed the Circuit Court, saying that the District Court had denied Aaron’s motion. So there’s a silver lining to all of those motions going belly up—Brett’s falsehood is no longer part of that case’s record and can’t be used against Arron now.
Everything is proceeding as I have foreseen.
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Here’s some advice for The Dread Deadbeat Pro-Se Kimberlin:
Cabin Boy™ Bill Schmalfeldt has been the member of Team Kimberlin who has most often threatened me with the direst of dire direness. When he offered up such threats three years ago today, my response was, “Meh.”
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I’ve already been subjected to a couple of false criminal charges at the hands of Team Kimberlin. If a third false charge is filed, I’ll beat that one too. Therefore, before another malicious charge is filed, the person planning to do so should reflect on how I am now dealing with the first two and make sure that his vision of future is as clear as he thinks.
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The Cabin Boy™ has a perfect batting average—0.000.
Today is the fifth anniversary of the altercation outside of Courtroom 9D in the Montgomery County Circuit Courthouse which led to Brett Kimberlin’s false claims that he had been assaulted by Aaron Walker. The Dread Pro-Se Kimberlin sought to use that imaginary assault as the basis of a peace order against Aaron, and a court hearing his petition found that no assault occurred.
TDPK has continued to use his story of being assaulted by Aaron as a part of various civil suits, submitting apparently inconsistent medical records in those cases. None of Kimberlin’s lawsuits claiming that Aaron assaulted (or battered) him survived a motion to dismiss.
He also included his story of the imaginary assault sending him to the hospital in the 2013 Application for Statement of Charges that he filed against Aaron. When Aaron sued for malicious prosecution, the jury found that Kimberlin had lied about being sent to the hospital.
Perhaps the biggest problem TDPK has had in peddling his tale is the existence of security camera video of the incident which shows that Aaron did not “deck” him as he initially claimed. Of course, the existence of contrary documentary evidence has rarely been a barrier to Kimberlin’s outrageous allegations against his perceived enemies, and I bet that a jury’s recent finding that he lied about his “assault” will no more squelch his telling the tale that did the judge’s finding almost five years ago that no assault occurred.
I’ve already been subjected to a couple of false criminal charges at the hands of Team Kimberlin. If a third false charge is filed, I’ll beat that one too. Therefore, before another malicious charge is filed, the person planning to do so should reflect on how I am now dealing with the first two and make sure that his vision of future is as clear as he thinks.
The false charge filed against Aaron Walker has also been dropped.
I’ve already been subjected to a couple of false criminal charges at the hands of Team Kimberlin. If a third false charge is filed, I’ll beat that one too. Therefore, before another malicious charge is filed, the person planning to do so should reflect on how I am now dealing with the first two and make sure that his vision of future is as clear as he thinks.