Team Kimberlin Post of the Day


During the run up to the Kimberlin v. Walker, et al, nuisance LOLsuit trial, Brett Kimberlin seem particularly bothered by the reporting that Aaron Walker and I were doing on that case and the larger Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court. He sent a letter the judge in the federal case seeking permission to file a motion for a preliminary restraining order as a gag order against us. That simply resulted in more reporting on The Dread Deadbeat Pro-Se Kimberli’s shenanigans here at Hogewash! and at other blogs. Here’s the TKPOTD from six years ago today.

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The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

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As it says on this site’s masthead: Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day


The members of Team Kimberlin have a history of forgery. Brett Kimberlin was arrested in an Indiana print shop when he tried to have fake Department of Defense driver’s licenses printed. (He was convicted.) He was caught submitting multiple forgeries to courts during his recent lawfare campaign. The TKPOTD for five years ago today laughed at The Dread Deadbeat Pro-Se Kimberlin and his forgeries.

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I have @WhoIsNumberNone blocked on Twitter, but occasionally his handle shows up in my time line because he’s been @mentioned in the same tweet I have. That happened today and led me to finding this exchange.ku201501302056ZZing!

Kimberlin Unmasked got in another good one with this observation in a post yesterday evening:

We understand that Brett was in the courtroom during Mr. Bill’s contempt hearing. It’s a shame that Brett’s being unable to testify in Maryland courts because of his perjury conviction prevented Mr. Bill from using him as an expert witness on forgery.

Heh.

* * * * *

His further involvement with fake documents has continued. In 2017, TDPK was implicated in the Democrats operation to acquire bogus financial records aimed at cause trouble for the Trump administration.

Oh, and the state senator representing Kimberlin’s district got a bill passed that removed the prohibition on testimony by perjurers in Maryland, so he can now be called as a witness in state court and be forced either to testify or take the Fifth.

Everything has been and is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Today is the seventh anniversary of an 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 Deadbeat 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 doubt that a jury’s 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.

Team Kimberlin Post of the Day


While Brett Kimberlin hasn’t won any of the LOLsuits he’s filed since the beginning of 2012, he has managed to escape completely losing several civil suits filed against him. In 2016, he managed to skate by in the Walker v. Kimberlin, et al. case, but reading the TKPOTD from three years ago today shows it was a pyrrhic victory.

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Originally, Judge Mason ruled that information about most of Brett Kimberlin’s criminal record would not come into evidence in the Walker v. Kimberlin, et al. trial because in might be more inflammatory than probative. That changed during The Dread Pro-Se Kimberlin’s cross examination of Aaron Walker. This exchange occurred while the jury was out of the courtroom:

THE COURT: Ah, with respect to the bombing, as I discussed yesterday, you have now opened the door to that —

MR. KIMBERLIN: Alright, well I —

THE COURT: — my law clerk went back to the record this morning and listened and confirmed, and, ah, can read into the record if you like, but the record is what it is.

MR. KIMBERLIN: OK. Well, then I’m going to explain that then at the beginning, you know, and you know if we want to get into the bombing case, then I need to explain that.

THE COURT: That’s fine. Well, —

MR. KIMBELIN: You know —

THE COURT: You have opened the door to it —

MR. KIMBERLIN: Alright.

THE COURT: — by telling the jury that you were, what exactly did he say, Ben?

LAW CLERK: Mr. Walker has accused me of criminal charges on his blog or in tweets of many, many crimes. I’ve never been arrested for any of those crimes. I have never been prosecuted for any of those crimes. I’ve never been sentenced for any of those crimes.

THE COURT: OK, and that specificly is not true.

MR. KIMBERLIN: Well, the way, OK, if you isolate it, but the sentence before that, I believe that I was talking about sex offense.

THE COURT: I don’t believe that the sentence before. At some time before —

MR. KIMBERLIN: Alright —

THE COURT: — you were talking about sex.

MR. KIMBERLIN: I’m going to clean that up.

THE COURT: Fine.

MR. KIMBERLIN: If you let the bombing case in, I’m going to explain that the bombing case that I sued for false imprisonment, that I had a settlement with the Department of Justice, that I don’t have the case any more. I’m not on parole. That it was the first case ever to, to, I mean that it was the last case in the history of the United States to be allowed to use hypnosis. You want me to —

THE COURT: No.

MR. KIMBERLIN: –this whole —

THE COURT: No, we are not getting into all that.

MR. KIMBERLIN: OK, then don’t get into the conviction.

THE COURT: Don’t tell me what to do. OK? You have made the fact of the bombing case admissible because you have misled the jury by saying you were never prosecuted, convicted, or sentenced for any crime that he blogged about. And one of the primary crimes he blogged about initially, the reason he refers to you as a terrorist has to do with this bombing. I kept it out because I felt that, potentially, it was more inflammatory that it was probative, although, frankly, I felt that probative because I felt that it explained why, as you say, he’s obsessed with you. That’s a fairly unusual crime. But in trying to be fair, I kept it out. You took the stand and told the jury, basically, you had never been convicted, as I say, you’d never been sentenced, never spent time. In addition to which, you volunteered in your statement to the jury when you’re describing yourself for your background that you committed or you had some trouble or you did some things wrong when you were a juvenile. But that’s sort of all, and you referenced the perjury, that’s sort of all behind you. So you leave the jury with the impression that as a young kid you made a false statement and did your time and there’s nothing else there, which also I think is potentially misleading.

The Kimberlins may have won the Walker lawsuit, but at what price? The jury found that they lied. They are now adjudicated liars.

Maybe TDPK should start posting a Breitbart Unmasked Bunny Billy Boy Unread as Pyrrhus of Epirus.

A couple more things … nothing in the verdict or Judge Mason’s ruling based on the jury’s verdict should be interpreted as saying that it is permissible to lie in his courtroom. As a matter of law, he had to strike the statements that the jury found were lies and add the withheld information that jury found should have been present. Given what the jury gave him to work with, his ruling was not unreasonable. Too much of the Applications for Statement of Charges remained intact. I believe the Judge did the best he could with the jury’s verdict. Also, the transcript puts a great deal of admitted and proven facts on the record. While the Walker jury did not pick up on them, I did.

* * * * *

In rereading that post, I noted a couple of lies that The Dread Deadbeat Pro-Se Kimberlin told the court. One was his claim to have sued the DoJ for false imprisonment. I can find no record of such a suit. I can find no record of any settlement. If they existed and were sealed, the case captions would still exist on the record. Because I can’t find any evidence to support this perjurer’s testimony, I have concluded he is lying.

It’s also not true that TDPK is not on parole. In 2006, he successfully completed five years of supervised parole, and he was released from supervision. However, according to his parole records which a member of the Vast Hogewash Research Organization obtained via a Freedom of Information Act request, Kimberlin’s sentence expires in 2030.

BTW, I wish he had made that claim about his parole status in front of the jury. His parole records were on hand in the courthouse for rebut his claim.

Team Kimberlin Post of the Day


I believe I’ve mentioned in the past that Brett Kimberlin is a liar. In fact, as a check my notes, I see that I brought that up in the TKPOTD for five years ago today.

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Here’s a real gem from a pleading The Dread Pro-Se Kimberlin filed in the Kimberlin v. The Universe, et al. RICO Madness called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings.”ECF 49-1Well, duh! Given that one of the recurring features of this blog is called Team Kimberlin Post of the Day, nay a day does go by that I don’t write something about the malfeasance of Brett Kimberlin or one of his associates. The problem with TDPK’s allegation is that I accuse him of things that he as actually done.

For example, he’s a perjurer. He was convicted of that crime when he was a teenager, and his recent lies are well documented. He testified during the damages hearing in his lawsuit against Seth Allen that he had never had his parole revoked. He’s a forger. He’s admitted to forging the summons sent to Twitchy in the RICO Madness. He’s admitted to altering at least one Certified Mail green card related to service of process in the state Kimberlin v. Walker, et al. nuisance suit. There’s documentary evidence that he’s altered several more.

He’s a liar. And not a very good or very smart one.

* * * * *

The mockery continues.

Lying Liars Gotta Lie


The Wall Street Journal reports that Michael Cohen instructed Stephen Ryan, his previous lawyer, to raise the prospect of a pardon after the FBI raided Cohen’s home last April. That statement by lawyer Lanny Davis, who now represents Cohen, directly contradicts Cohen’s testimony to the House Oversight and Reform Committee on 27 February.

Cohen: “I have never asked for, nor would I accept, a pardon from Mr. Trump.”

Davis: “During that time period, [Cohen] directed his attorney to explore possibilities of a pardon at one point with Trump lawyer Rudy Giuliani as well as other lawyers advising President Trump.”

Cohen has pleaded guilty to lying to Congress, but he has now flipped on his former client Donald Trump, so it makes sense that the Democrats on the House Oversight Committee would give him a forum for further lies.

Team Kimberlin Post of the Day


I’m not the only person who views The Dread Deadbeat Prevaricator Kimberlin as a liar. Mark Singer, the author of Citizen K, Kimberlin’s authorized biography, believes he was lied to by his subject. The TKPOTD from five years ago today deals with one of the lies Singer caught. It relates to Kimberlin’s drug dealing in Bloomington and his perjury conviction. As you’ll see below, my own research verified Singer’s.

* * * * *

Brett Kimberlin got caught lying to a federal grand jury and wound up convicted of perjury. He was asked about his dealing LSD to a two guys named John Buckley and David Pacific. He claimed, based on the fact that the Indiana State Police had busted Buckley and Pacific for attempting to operate a lab to produce psilocybin, that they were making LSD.

During a July, 1972, sentencing hearing for a cocaine bust while he was a juvenile, Kimberlin was asked:

Q. Did you ever sell any LSD to David Pacific or Jenkins, John Jenkins?
A. No, I wouldn’t be selling it to Pacific or John Buckley because they are the ones that had the laboratory, they are the ones that made it all. If I was to do anything I would get it from them. That’s my answer.

He repeated that testimony in October before a grand jury. A second grand jury was convened, and it indicted Kimberlin for perjury. He was convicted.

Through the years, Kimberlin has claimed that Buckley and Pacific lied about him as part of a deal with the feds. When he was working with his biographer Mark Singer, Kimberlin claimed that Cody Shearer, one of the people who had helped him promote his tale about selling marijuana to Dan Quayle, had confronted Buckley and Pacific and that they had acknowledge lying. When Singer checked with Shearer, Shearer said that he had never discussed LSD or perjury with them.

Beginning at the bottom of p. 316 in Citizen K, Mark Singer writes:

Sifting through this heap of mendacity , I asked myself whether Kimberlin lies for sport or whether an assortment of small lies coalesced into a gang of tar babies that encircled him. When I first heard about Pacific and Buckley, they amounted to an interesting brick in my wall; their role in Kimberlin’s life never rose to a sinister level. Ultimately, they signified his willingness to stay wedded to a falsehood despite black-and-white evidence to the contrary. My metaphor metamorphosed. The Pacific-Buckley factoid—the news report of their arrest, along with Kimberlin’s claim of their perjury to frame him for same—was no longer a constructive brick but one of many blind turns in a labyrinth of misinformation.

Or to put it more simply: Brett Kimberlin tells lies, and he seems to do so even when he knows there is documentary evidence proving him a liar.

* * * * *

I was able to confirm Singer’s findings via my own personal contacts from Bloomington.

I began dating Mrs. Hoge just as she was finishing her degree in Audio Production from Indiana University in Bloomington. While she was in school, she worked part-time doing audio work at various music venues around Bloomington, often working for the sound company owned by David Pacific. I wound up meeting both Pacific and Buckley during visits with Connie almost 40 years ago. One day, it may be useful to share more of what I know through my Bloomington connections.

Team Kimberlin Post of the Day


The TKPOTD from dealt with The Dread Deadbeat Pro-Se Kimberlin’s projection of harassment and false narratives onto the targets of his vexatious LOLsuits.

* * * * *

Harassment and False Narratives are two of the recurring themes in The Dread Pro-Se Kimberlin’s pleadings he files in all his vexatious lawsuits. He’s now filed what he hopes will be his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, and both Harass/Harassment and False Narrative(s) appear throughout the 80+ pages of the document.

Care to guess how many times each appears?

To see the answers click “Continue reading.”
Continue reading

Team Kimberlin Post of the Day


Lying liars gotta lie, and they also seem to have to accuse folks who tell the truth of telling lies instead. Bill Schmalfeldt is a textbook example of that proposition, as a post called Provable Lies from a couple of years ago demonstrates.

* * * * *

Bill Schmalfeldt is a liar, and some of the biggest whoppers he’s told are his claims to have found “provable lies” that others have told about him. The Cabin Boy™ would have the world believe that every hearing or trial that has gone against him has been the result of lying by his adversaries.

Most recently, he’s put out a podcast asserting that he’s found nine such lies that were told by Sarah Palmer during the North Carolina hearing that resulted in restraining orders number 8 and 9 against the Cabin Boy™. I listened to the audio he posted. I’ve also seen the documentary evidence that Mrs. Palmer used during the hearing. That evidence backs up what she said. She didn’t lie. Rather, Schmalfeldt appears to be lying about her.

When Schmalfeldt claimed Lynn Thomas was lying, it turned out that it was Schmalfeldt who had forged a set of emails.

When Schmalfeldt claimed that Scott Hinckley was lying, it turned out that Mr. Hinckley had documentary evidence to back up what he had said in court.

When Schmalfeldt claimed that the Causey’s had lied about phone calls he had made, there was documentary evidence to back them up.

When Schmalfeldt claimed that I had lied during the hearing for the extension of the first peace order and tried the file a perjury charge against me, the Commissioner found there was no probable cause and denied his Application for Statement of Charges.

When Schmalfedt claimed that he had found twenty-four lies in my answer to his motion to modify the first peace order that would result in my being led away from the courthouse “in irons,” he failed to raise a single one of them during the hearing on his motion.

During the District Court trial for the first peace order, Schmalfeldt lied about having received notice to stop contacting me. During the de novo appeal trial in the Circuit Court one of his tweets acknowledging the notice was introduced into evidence, and the order was granted. That resulted in the Cabin Boy™ spreading the lie that my lawyer and I had misrepresented the nature of Twitter to the judge, when what we really said was that I had no more obligation to block someone on Twitter than I would have had to change my phone number to avoid contact—that it was the Cabin Boy™ obligation to leave me alone. He’s still telling that lie today rather than face the truth that he is an adjudicated harasser.

Judges in five states have weighted the testimony of witnesses appearing before them and reviewed documentary evidence, and those judges have found the witnesses and evidence credible. No one has to lie about Bill Schmalfeldt in court. The truth is sufficiently devastating to his cause.

* * * * *

I should update that last paragraph. Thus far, judges in seven states have weighed the evidence before them and found the Cabin Boy’s™ statements non-credible, and so have police agencies of at least four states and the federal government.

Will he be able to move enough times to collect losses in all 50 states?

Stay tuned.

Team Kimberlin Post of the Day


One of the tactical errors that The Dread Deadbeat Kimberlin committed in the early stages of his lawfare was filing his LOLsuits in Maryland. That state had a prohibition on testimony by perjurers, and TDPK had a perjury conviction on his rap sheet. After my lawyer used that statute to keep Kimberlin from testifying, the whining began. This Prevarication Du Jour from four years ago dealt with how Breitbart Unmasked Bunny Billy Boy Brett Unread lied about Kimberlin’s legal disability.

* * * * *

As I mentioned yesterday, Xenophon (the Troll) keeps writing hallucinatory fiction about Brett Kimberlin’s lawsuits and the facts surrounding them over at Breitbart Unmasked (No, I won’t link to it.). For example,BU20131216a

Actually, I was the first person to use Maryland’s law prohibiting a convicted perjurer from offering testimony to stop The Dread Pro-Se Kimberlin from testifying. That disability has been on the books in Maryland for around 150 years, and when a local prosecutor pointed it out to me, I made sure that my lawyer was aware of TDPK’s status.

Since that trial, Kimberlin has gone on record admitting his perjury conviction, and he’s tried to argue that it violates his rights. However, the law is settled on the matter. Perjurers may not testify in Maryland courts. Period. BTW, Maryland is not the only state with that rule.

In the current Maryland lawsuit, TDPK is the plaintiff, and Aaron Walker is one of the defendants. Mr. Walker’s raising of the issue does not “prevent Kimberlin from being able to defend himself in court.” Rather, it prevents him from using his own testimony to attack Mr. Walker in the frivolous and vexatious Kimberlin v. Walker, et al. suit.

(You can help Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me defend ourselves in that lawsuit. Go to Bomber Sues Bloggers to find out how.) [That link is now dead. Thank you to everyone who donated via that site to help with the expenses of our defense.-wjjh]

Perhaps this reveals the real reason for the federal RICO lawsuit. TDPK may be venue shopping to find a place where he can testify. But why would that be important? Certainly, if his case were righteous, there would be documentary support for it. After all, it’s mostly about what people have written. And surely, there would be someone who could offer testimony on his behalf.

Unless, of course, the written evidence doesn’t support his allegations, and he can’t find anyone willing to lie for him.

* * * * *

Maryland was the last state to repeal the prohibition on testimony by perjurers. The bill was introduced by the state senator representing the district in which Kimberlin lives, and the repeal should probably be referred to as “Brett’s Law.” Tactically, the repeal came at an inopportune time for Kimberlin because it allowed persons suing him to put him on the stand as a witness—something that did not help his credibility.

Lying liars gotta lie.

Team Kimberlin Post of the Day


Yesterday, I reviewed the transcript of the Kimberlin v. Hoge peace order appeal trial that was held in the Circuit Court for Montgomery County in 2015. It was held before The Dread Pro-Se Kimberlin’s State Senator introduced the bill that removed Maryland’s prohibition on testimony by convicted perjurers, and I was struck that about a quarter of the proceeding dealt with whether Brett Kimberlin would be allowed to testify. He wasn’t.

He had also expected to act as counsel for his daughter in the case, but that was dealt with quickly.

MR. KIMBERLIN: Yeah, but somebody has to present the case. I have all the evidence. I have all the documents, you know, and —

THE COURT: Okay. But you could have hired an attorney for your daughter.

MR. KIMBERLIN: I could have hired an attorney, I guess, but I haven’t had, I didn’t do that in the District Court, and the District Court let me present all the evidence that I’m going to present here. And you know, I mean, how can you — a father has a right to, to come in and present his case for the daughter. I mean, it’s, that’s elementary. It’s, I mean, she, she can’t do it herself.

THE COURT: You know, I don’t know. You do have a problem here which, if you had hired an attorney, you wouldn’t have the problem.

So I’m not going to allow you to act as a lawyer. You’re not barred in the State of Maryland. You really can’t act as an attorney for your daughter. And I think the cases make — as I said, conflict with the statute, but they make you incompetent to testify, so I don’t know in what capacity you’d be filling me in on what your daughter’s case is.

Can’t be a lawyer, since you’re not barred. Can’t be a witness.

The District Court’s denial of the peace order petition was upheld.

Everything proceeded as I had foreseen.

Legal LULZ Du Jour


The Gentle Reader who has been following The Tale of <sarc>Brave</sarc> Sir Robin William for a while has probably noticed how often he claims that his adversary du jour is lying and will surely be facing perjury charges. For example, when I opposed his (later denied) motion to modify the first peace order slapped on him, he claimed to have found 24 lies in my lawyer’s opposition and tweeted this—That his motion was denied and the peace order later extended should be a hint to the Gentle Reader as to who the court found was telling the truth and who the court believed wasn’t.

Immediately after the December, 2013, hearing renewing the first peace order, The Dreadful Pro-Se Schmalfeldt went to the District Court Commissioner in Westminster and filed an Application for Statement of Charges against me for perjury during the hearing. The Commissioner declined to charge me.No, the Cabin Boy’s™ arsenal includes much more than stalking and harassment. False accusations of perjury are among his many weapons. And running away in the end.

Team Kimberlin Post of the Day


While I’ve been preparing discovery requests for the Hoge v. Kimberlin, et al. lawsuit, I noticed that I’ve never published the Application for Statement of Charges that The Dread Pro-Se Kimberlin filed against me in 2013. Last November, I petitioned the District Court to be allowed to inspect and have a copy of the case file. Now that the expungement has been vacated and anyone can get a copy, I might as well post it. Here’s the case docket as I received it last November.

TDPK has said that he asked for the expungement. As the Gentle Reader can see, it was the State’s Attorney’s Office who asked for the expungement, not Kimberlin.

Falsus in uno, falsus in omnibus.

Team Kimberlin Post of the Day


The Kimberlins have filed a motion opposing Aaron Walker’s request for leave to file for discovery sanctions against them.

With Tetyana Kimberlin invoking her Fifth Amendment right not to answer questions that might tend to incriminate her, it’s somewhat surprising that the Kimberlins would confess to having filed fabricated evidence as part of an exhibit. However, that seems to be the effect of paragraph 9.paragraph9That seems to be a clear admission that what was filed with the court as part of a verified motion was not what was served on Aaron Walker.

I took a look at the transcript of the 3 September, 2015, hearing in the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit to refresh my memory, and I found these statements from Judge Mason at pp. 89 and 106, 107.Mason20150903aMason20150903b

popcorn4bkThose remarks were addressed directly to The Dread Pro-Se Kimberlin. Of course, they were made during a hearing in another case. Still, it will be interesting to see how Judge Mason decides to deal with admittedly fabricated evidence from a litigant he has previously warned.

Hmmmm.

Yeah, Maryland


Aaron Walker received a phone call this afternoon from the Montgomery County State’s Attorney’s Office stating that they would decline to prosecute the perjury and fabrication of evidence charges against Brett and Tetyana Kimberlin because they viewed it as a civil matter and did not wish to enforce the criminal law in those circumstances.

That is not an unexpected decision from that office. Sometimes it is better when things do not proceed as foreseen.

Team Kimberlin Post of the Day


Here is a copy of the Application for Statement of Charges for the pending perjury and fabrication of evidence charges against Brett Kimberlin. The first page is a scan of the carbon copy given to the complainant.

The charging document for Tetyana Kimberlin is essentially identical except for her name and description.

Team Kimberlin Post of the Day


I’ll just leave these right here.4D00359930 redacted0D00359863 redacted

UPDATE—There’s a bit of incorrect information floating through the comment section. Since I’ve seen the process from both sides, let me describe what’s going on.

First, the Kimberlins have been charged with crimes. That’s what the District Commissioner does, review the evidence and determining that there is probable cause that a crime was committed. Charging documents have been issued, either summonses or warrants. The Maryland Judiciary Case Search shows that the Commissioner issued summonses to the Kimberlins.

Next, a copy of the paperwork is sent to the law enforcement agency responsible for serving or arresting the persons charged, and a copy is sent to the State’s Attoney’s Office for the county.

In Montgomery County, the County Police will execute an arrest warrant, but they generally will not serve a summons. Instead, a notice will be sent of a court date for an arraignment hearing, and the summons will be served at the District Courthouse on that date.

The State’s Attorney’s Office will investigate the case and decide what action they plan to take. They have three options. The first is to prosecute. The second is to place the case on hold, a process called stet. The third is to decline to prosecute by entering nolle prosequi.

Team Kimberlin Post of the Day


Effective 1 October, Maryland’s ban on testimony from convicted perjurers will be repealed, and the Cabin Boy™ is celebrating.MU201606240005ZWorse news for The Dread Pro-Se Kimberlin. This means that he can be called as a witness. Better still, it means he can be cross examined if he testifies on his own behalf.

Heh.

UPDATE—The bill leading to the new law was introduced by the State Senator who represents the district where Kimberlin lives. I was aware of the bill and did not bother to lobby against it because the change will allow TDPK’s testimony to be compelled in a civil suit. (Of course, he still has a Fifth Amendment right against self-incrimination, but invoking that in front of a jury …)

TDPK was aware of the change in the law when he moved to have the trial in the Walker v. Kimberlin, et al. lawsuit rescheduled to a date before 1 October. Apparently, short-circuiting discovery in that case was more important to him that being able to testify in his own defense.

Hmmmmm.

Brett Kimberlin “Misstates the Facts”


I see that the Cabin Boy™ has posted the six exhibits attached to his motion to disqualify Aaron Walker as defense counsel in LOLsuit VI: The Undiscovered Krendler. This is the first in a series of posts evaluating the quality of his evidence. It seems that The Dreadful Pro-Se Schmalfeldt is in full panic mode now that his plans for an easy default judgment have evaporated. His motion and its exhibits have the look of a half-baked attempt to smear Aaron Walker in the eyes of Judge Joseph. Nothing in the motion is germane to the case.

Exhibit 1 is a declaration under penalty of perjury by Brett Kimberlin. Here it is as posted by the Cabin Boy™. (Note: I have not redacted anything. I figure if Schmalfeldt put it online and published a link to it, then Kimberlin can discuss any lack of redaction with him.)

We’ll go paragraph by paragraph.

1.  According to Aaron, he did not meet Kimberlin until 9 January, 2012. That was the date the mythical assault allegedly occurred. Kimberlin sought a peace order based on his alleged assault and harassment, but the judge who issued the order found that no assault occurred and issued it based on harassment only. Additionally, the order was overturned on appeal. Thus, Kimberlin should be collaterally estopped from making that allegation again, but he keeps trying to recycle it. Further, one of the things he sued Aaron about in the Kimberlin v. Walker, et al. nuisance LOLsuit was Aaron’s claim that Kimberlin tried to frame him for the assault. Aaron won that suit. Thus, Kimberlin is also barred from making this assault claim by res judicata.

2. Kimberlin also claimed in Kimberlin v. Walker, et al. and in Kimberlin v. National Bloggers Club, et al. (II) that Aaron defamed him when Aaron told his side of the story of his firing after Kimberlin contacted his employer. Brett lost both suits. That’s a double helping of res judicata. Also, Brett spun his tale of how Aaron’s firing allegedly occurred by selectively publishing emails obtained in sealed discovery.

3. Frivolous criminal charges? There’s photographic evidence, some of which was published on Breitbart Unmasked, that documents Kimberlin’s stalking of Mrs. Walker. Also, not every lawsuit filed against Kimberlin has been dismissed. The Walker v. Kimberlin, et al. suit is alive and well and is headed for a motions hearing on the 10th. A five year campaign? 2016 – 2012 = 4.

4. Aaron Walker has never prepared a motion or other court paper that I have submitted to any court.

5. Brett sued Aaron for defamation concerning what Aaron wrote about pedophilia and terrorism, and Brett lost.

6. What documents? When has Aaron ever lied under oath? Put up or shut up.

7. Tetyana Kimberlin sought help during her domestic problems with her husband in 2013. Aaron offered her pro bono assistance until Zoa Barnes was hired as her attorney. The false claim that Aaron has harassed Tetyana’s older daughter was examined by the Montgomery County State’s Attorney’s Office when the Grace’s Law charge was filed last year. They dropped the charge for lack of evidence.

I’m an engineer not a lawyer. “Misstating the facts” is lawyer speak for what we engineers call lying. Brett Kimberlin is a liar.

Team Kimberlin Post of the Day


I thought that Bunny Boy over at Breitbart Unmasked said that I should expect criminal charges to be filed for my alleged perjury last Friday. I thought he said something about them coming last Monday.

I checked the Maryland Judiciary Case Search database at 9:00 pm last night.

[crickets]

popcorn4bkMeanwhile, pushback has already started in The Dread Pro-Se Kimberlin’s RICO2 suit against Team Themis, et al., and. later today, I’ll be mailing my motion to dismiss the Cabin Boy’s™ latest Schmalfeldt v. Hoge, et al. nuisance lawsuit.

What with discovery in Kimberlin v. Frey and other thing that are afoot, there’s lots more legal paperwork headed Team Kimberlin’s way.

Stay tuned.

Team Kimberlin Post of the Day


Breitbart Unmasked reports that Brett Kimberlin intends to file an appeal of the denial of the peace order he recently sought against me. The waste of bandwidth also says that Kimberlin is considering seeking a perjury charge against me.

Given that several of the motions to dismiss The Dread Pro-Se Kimberlin’s RICO Madness (Kimberlin v. The Universe, et al.) seek to have him declared a vexatious litigant, continued vexatious litigation make it more likely for Judge Hazel to grant those motions. It’s a bit paradoxical, but, as one of the defendants making such a motion, I stand to gain from Brett engaging in additional futile lawfare against me.

popcorn4bkAs to a charge of perjury, TDPK might want to consider the possible impact of any defenses I might offer.

Everything is proceeding as I have foreseen.

Stay tuned.

Prevarication Du Jour


Over at Breitbart Unmasked, Bunny Boy is running a copy of some tweets that Kimberlin introduced into evidence during today’s hearing. They supposedly prove that I posted a comment on an article at the Montgomery County Gazette.perjury1Because I denied making such a comment and could not authenticate the tweet as mine, Bunny Boy is shilling Kimberlin’s story that I perjured myself today.

Bullshit!

I couldn’t authenticate the tweet as mine, because it isn’t. It’s a retweet. The original tweet (and I presume the comment at the Gazette) was by Lee Stranahan.Stranahan201308281627ZI took me all of two minutes to find that original tweet via Google.

Did I mention that Brett Kimberlin is a liar?

UPDATE—I’m turning off comments to prevent inadvertent education of The Dread Pro-Se Kimberlin.

Team Kimberlin Post of the Day


@weltschmerz2015|201502102254ZMd. Cts. & Jud. P. § 3-1503.1 deals with Interim Peace Orders. That’s the kind that the Cabin Boy™ got against Patrick Grady, in part, by lying that he knew that Mr. Grady was Paul Krendler. As CCBS was trying to point out, lying in order to obtain an Interim Peace order is punishable by a fine of up to a kilobuck and/or up to 90 days in the slammer.

The Cabin Boy’s suing Paul Krendler as a Joe Doe in the current federal LOLsuit creates a strong presumption that he does not know that Mr. Grady and Paul Krendler are one and the same. Taken with his failure to appear at the peace order hearing, that creates a strong presumption that he lied on the petition. A Commissioner could reasonably find probable cause to charge Schmalfeldt.

popcorn4bkBTW, that statute doesn’t apply to my peace order petition that I filed last summer and that resulted in the current order against the Cabin Boy™. I never applied for an interim order. If I had lied, Md. Cts. & Jud. P. § 3-1504 would have been the applicable law. But I didn’t lie. The Circuit Court as the trier of fact found in my favor. The Cabin Boy™ didn’t bother to ask for a new trial or to file an appeal. The matter’s closed. He doesn’t get a do-over.

 

More “Discovery”


As part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin lost this week, I sought discovery of documents.

You can see from TDPK’s answers beginning with number 13 that he thought that he would control what evidence would be introduced. He wound up being correct only because the case folded before we put on our defense.

I’m sticking by my theory that TDPK didn’t testify because he wanted to avoid being trapped between perjury and the Fifth Amendment when confronted with some of the issues raised in my request for documents.

popcorn4bkHe still has time to drop his Kimberlin v. The Universe, et al. RICO Madness before things really hit the fan in that case. Is he smart enough?

We shall see.

Stay tuned.