Earlier this month, The Dread Pro-Se Kimberlin filed a motion for reconsideration with the Maryland Court of Appeals (the State’s highest court) seeking a do-over on his petition for a writ of certiorari appealing his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. He based his motion on “fact” that Judge Battaglia had been involved in the revocation of his parole back in the late ’90s when she was a U.S. Attorney and should not have participated in the decision to deny his petition. He withdrew his motion after Hogewash! pointed out that Judge Battaglia had retired on her 70th birthday, the same day that TDPK filed his petition for writ of certiorari.
Here is the motion for reconsideration that Kimberlin filed. In paragraph 3 he states that a letter from Judge Battaglia “featured false information that the [Parole] Commission relied upon to make an adverse decision against Petitioner.”
Kimberlin’s claim is not consistent with the actual record. When he sued the Parole Commission claiming that their reliance on the Battaglia letter was improper, the U.S. District Court of the DC found that the Commission had not relied on the letter in determining to extend his time in the slammer. The Gentle Reader can read for himself beginning on p. 6 in the memorandum order below that the decision to keep TDPK locked up for an additional two years was based on “information provided by plaintiff himself.” Judge Urbina concludes on p. 8: “It is apparent that the Parole Commission’s decision was based on plaintiff’s own statements and filings and not on the letter from the United States Attorney[.]”
Brett Kimberlin is not only a bad liar, he is a stupid one.
The last couple of posts in this series dealt with some of The Dread Pro-Se Kimberlin’s court cases while he was back in the slammer after his parole was revoked. This is from Kimberlin v. Dewalt and deals with why his parole was revoked. (For those who haven’t been following The Saga for long, Sandra DeLong is the widow of the man who died as a result of one of the Speedway bombings. She received a 1.6 million dollar judgment for her injuries and the wrongful death of her husband.)
Next, petitioner denied any attempt to avoid the special condition and offered to settle with Mrs. DeLong for $30,000. He further contested Officer Ramsburg’s testimony concerning the sudden changes in his financial situation after the February 10, 1997 Notice of Action. The examiner found that petitioner used “deceitful maneuvers to hide his ability to pay” and that his “relatives and friends are obviously acting to help him by filing claims and liens to protect his money and property from being available to satisfy the victim’s judgment.” The examiner further found that the “evidence against [petitioner] was provided by the subject himself,” and that at no time did petitioner “indicate any concern or empathy for the victim.” Finally, the examiner found that petitioner’s settlement offers were not undertaken in good faith; concluded that petitioner had resisted parole supervision by Officer Ramsburg “in every way he can,” and recommended revocation of parole with a presumptive parole date of two years. Petitioner was taken into custody at the conclusion of the hearing. On June 27, 1997 the Commission adopted the examiner’s recommendation, revoking petitioner’s parole and continuing him to a presumptive parole date of June 5, 1999.
He stayed in prison until 2001.
It seems as if The Dread Pirate Kimberlin has a great deal of difficulty with the truth and that this is not a new problem. Beginning on page 360 of Citizen K, Mark Singer tells the story of a June, 1996, trip to Ukraine he took with Brett Kimberlin. The purpose of the trip was to develop business deals for Lada Express, a company that TDPK founded as he was being released on parole. The tale paints of a picture of Kimberlin cutting significant business deals.
Hindsight cuts through the smoke and mirrors. By November, 1997, Kimberlin’s parole was being revoked. There were two reasons given. First, he had failed to make any restitution payments to a victim of one of his bombings which was one of the terms of his release on parole. Second, he had committed fraud on a mortgage application.
He was bankrupt. If the hundreds of thousands of dollars of profits on those deals ever existed, they could not be accounted for, and his company Lada Express became defunct. In 1998, the Maryland Department of Assessment and Taxation revoked its corporate charter for failure to file paperwork due in early 1997.Brett Kimberlin is suing four codefendants and me for publishing truthful things about him. You can help us fight back against his assault on our First Amendment rights. Go to BomberSuesBloggers to find out how.
Here’s more from the U. S. District Court’s review of Brett Kimberlin’s parole revocation [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]. I’ve inserted the contents of footnotes when they provide clarity.
Rather than comply with the special condition, petitioner submitted a directive permitting Knopf to “deposit any monies which would otherwise be due me personally from Knopf (Random House) with Sandra DeLong.” [Id., Exhibit P at 4-5. This directive was meaningless, because BKE, Inc., and not petitioner himself, was under contract with Knopf.] On February 17, 1997 petitioner, who previously had claimed 100% ownership of BKE, Inc. on previous tax returns and appeared to control the corporation’s accounts which he used for personal expenses, first claimed that BKE, Inc. was wholly owned by his sister. [Id., Exhibit Q, Financial Report of February 26, 1997. Although assets and income in excess of $350,000 have been donated or generated by petitioner for BKE, Inc., he claims to have transferred 100% of his ownership interest in the corporation to his sister in 1994 upon an alleged contribution of $150,000 by his sister, Cynthia Kimberlin, to BKE, Inc. No records have been produced to verify this information. Id. at 9-10, n. 3.] Notwithstanding petitioner’s January 25, 1997 claim that $225,000 in “guaranteed income” was due from Knopf, once the special condition was in place, nearly-concluded settlement agreements between Knopf and nine of petitioner’s associates fell apart. [These individuals had threatened libel actions against petitioner’s co-author and Knopf in connection with the release of Citizen K. These claims prevented payment of any money from Knopf, Inc. to Mrs. DeLong or others, because Knopf had the contractual right to refuse payment until all claims against it are withdrawn or settled. See, i.e., Kosior v. Ramsburg, et al., Civil Action No. AW-97-1511.]
Despite these maneuvers, Mrs. DeLong on April 18, 1997 obtained an order from the Marion County, Indiana Superior Court garnishing the Knopf book money in order to satisfy a judgment which by then amounted to $1,610,000 plus interest and costs. The next day, petitioner notified Mrs. DeLong’s counsel that he would go into bankruptcy unless she settled with him on his terms. One week later Cynthia Kimberlin and her fiancé filed an involuntary bankruptcy proceeding against petitioner in the United States Bankruptcy Court for the District of Maryland. [It does not appear that these proceedings have been finalized. Questions may exist as to whether the requisite number of creditors signed the bankruptcy petition. See 11 U.S.C. Section 303.]
This is the record of how he skated on his debt to a widow that was a condition of paying his debt to society.