Team Kimberlin Post of the Day


The U.S. Attorney’s response to Brett Kimberlin petition relating to vacating some of his Speedway Bombing convictions noted that the petition was full fo statements “that range from merely incorrect to actually misleading,” but he isn’t the only member of Team Kimberlin who has trouble keeping his stories straight. This Prevarication Du Jour from five years ago today dealt with one of Bill Schmalfeldt’s stupid lies.

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SRN201503080019ZThe Cabin Boy™ might wish to review his previous court filings before running off at the keyboard. This is from a letter he sent Judge Grimm last year when he tried to stick his nose into the Kimberlin v. The Universe, et al. RICO Madness. The letter is memorialized as ECF No. 63 in that case’s docket and would be a self-authenticating document if introduced into another proceeding in any court in the U. S.ECF 63-p2

demented adj. \di-ˈmen-təd\ :suffering from dementia.

This sort of sloppy neglect of the facts by the Cabin Boy™ is one of the reasons why he should expect to lose his LOLsuit.

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Indeed, The Dreadful Pro-Se Schmalfeldt’s record in court matches The Dread Deadbeat Pro-Se Kimberlin’s—they both have batted 0.000.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD contained the Government’s opposition memorandum to Brett Kimberlin’s motion to vacate some of this Speedway Bombing convictions. Among the crackpot legal theories that Kimberlin asserted was the idea that he was entitled to DNA analysis of hair samples that were used in one of his trials four decades ago. However, it was Kimberlin who introduced the evidence, and he’s not entitled to a do-over for his own mistakes.

The TKPOTD from three yeas ago today dealt with another bit of evidence that The Dread Deadbeat Pro-Se Kimberlin introduced in the Kimberlin v. Walker, et al. LOLsuit that he probably wishes he’d left out.

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For the last couple of days, I’ve been posting examples of The Dread Pro-Se Kimberlin’s incompetence structuring his arguments in court. TDPK was foolish enough to call Stacy McCain as a plaintiff’s witness in the Kimberlin v. Walker, et al. LOLsuit. During his direct examination of Stacy, TDPK tried to introduce evidence from the Southern Poverty Law Center. That resulted in the following exchange among Judge Johnson, Patrick Ostronic (the lawyer representing Aaron Walker, Stacy, and me), and Kimberlin—

THE COURT: So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists –

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

THE COURT: Your objection’s sustained.

The Rules of Evidence are not about virtue signaling.

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Facts and Law trump Feelings in a courtroom.

Team Kimberlin Post of the Day


For the past couple of days, we’ve been looking as some of the filings in two cases from the U. S. District Court in Indianapolis: United Staves v. Brett Kimberlin, 79-CR-0007 (S.D. In.) and Brett Kimberlin v. United States, 18-CV-1141 (S.D. In.). The first case is the originally Speedway Bomber trial which was reopened in 2018 when Kimberlin sought to have some of his convictions vacated. The second case is a parallel civil case which also sought to have some of his convictions vacated. Last Friday, a judge denied all of Kimberlin’s motions in the cases, including his motions to vacate. Kimberlin tried to claim that there were errors in the trial that justified setting aside some of his convictions.

Today, I’m posting the the U. S. Attorney’s Response in Opposition to Kimberlin’s petition in the case. The Background section of the response is a concise history of Kimberlin’s career as a dope dealer, serial bomber, and vexatious litigant. It’s worth reading.

For those of you who would prefer at bit of TL;DR, here are some of the better quotes:

… Kimberlin has received an abudance of process. He had three trials, and at least four direct appeals, five collateral attacks, and four habeas petitions. … Put differently, “Kimberlin is no stranger to appellate proceedings.” United States v. Kimberlin, 898 F.2d  1262, 1264 (&th Cir. 1990) (Kimberlin VII). As of 1990, he had “averaged two appeals per year in [the Seventh Circuit] over the last decade. Id.

Now he is back. Decades after his convictions, Kimberlin returns for another inevitable round of litigation. Dispersed over at least 10 filings, he launches a fusillade of claims—complete with typical conspiratorial bent—that range from merely incorrect to actually misleading. He does so under the writ of coram nobis—”[the] criminal-law equivalent” of  a “Hail Mary pass.” United States v George, 676 F.3d 249, 251 (1st Cir. 2012). None of his passes finds a target.

Also, under the heading—Kimberlin’s Litigiousness: “I have filed over a hundred lawsuits and another one will be no sweat for me”

He managed to save time for several vexatious lawsuits. For example, he sued the Bureau of Prisons fro preventing a pre-election press conference regarding his claim to have sold marijuana to former Vice President Dan Quayle, Kimberlin v. Quinlan, 251 F. Supp. 2d 47 (D.D.C. 2003); he sued U.S. Senators Mitch McConnell and Chuck Grassley regarding the nomination of Judge Merrick Garland to the Supreme Court, Kimberlin v. McConnell, No. GJH-16-1211, 2016 WL 8667769, a *1 (D. Md. June 3, 2016), aff’d, 671 F. App’x 128 (4th Cir. 2016); and he claimed that a criminal enterprise was spreading defamatory stories about him, Kimberlin v. Frey, No. GJH-13-3059, 2017 WL 3141909, a *1 (D. Md. July 21, 2017), aff’d, 714 F. App’x 291 (4th Cir. 2018). “There are many other unpublished decisions.” Kimberlin VII, 898 F.2d at 1264.

And under the heading—Kimberlin—Not the government—Introduced the Hair Analysis He Now Complains About

Kimberlin’s hair analysis claim is a paradigmatic example of chutzpah. He says the hair analysis testimony was “false evidence’—but audaciously neglects to mention that he was responsible for its introduction at trial.

Here’s the whole Response—

Oh, and be sure to scroll all the way to the end and get a look at Kimberlin’s FBI mug shot.

 

Team Kimberlin Post of the Day


On Tuesday evening I posted Wednesday’s TKPOTD a few hours early to take note of a ruling in the U.S. District Court in Indianapolis denying a petition to vacate some of his Speedway Bombing related convictions. You can read that post here. Over the next few days, we’ll take a look at how that civil case progressed, but first, let’s take a look and the underlying criminal case. It turns out that Kimberlin also filed paperwork in that case and his motion to vacate that convict as unconstitutional was also denied.

Here’s The Dread Deadbeat Pro-Se Kimberlin’s Motion to Vacate in the criminal case.

I find it ironic—but definitely not amusing—that Brett Kimberlin would complain about being haled into court by an allegedly unconstitutional attack on his First Amendment rights.

Kimberlin filed his Motion to Vacate pro se, and he did not have counsel until the case was almost a year old.

As the judge noted in her opinion, it’s reasonable for the government to want to prevent confusion about who is and who isn’t a federal law enforcement officer, and Kimberlin’s behavior while wearing his kludged-up uniform with a  DoD police patch gave the impression that he was holding himself out as a DoD police officer. He was not play acting, he was impersonating. His conviction will stand.

Team Kimberlin Post of the Day


Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

Team Kimberlin Post of the Day


One thing for sure about Team Kimberlin is that they’re a bunch of liars—and incompetent liars who wind up easily caught. Indeed, Brett Kimberlin’s first conviction was for perjury about his LSD dealing. It was seven years ago today that this post about A Liar Selling Drugs first ran.

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Continuing with our recent Dread Pirate Kimberlin v. Reality theme, let’s take another look into Chapter 35 of Citizen K by Mark Singer. The Gentle Reader who is familiar with TDPK knows that his first jail term was for perjury during grand jury testimony related to selling LSD.

In 1992, when Kimberlin told me that he trafficked only in marijuana and hashish—besides cocaine just that once—he stated emphatically that he had never sold LSD. “I don’t remember ever selling any hallucinogens. I mean, it’s possible, like, five hits of this or that. But it’s not in my memory base.” He also said, “I’ve never even seen amphetamines.” Yet the same court transcript contained his testimony that he had dealt in small quantities of LSD and methamphetamine. He had bought amphetamines and given them to this girlfriend, he said, because she was trying to lose weight.

Kimberlin exploited the fact that [David] Pacific and [John] Buckley were arrested on drug charges in October 1971, when according to a report in the Indianapolis News, more than $20,000 worth of laboratory equipment was confiscated. But in a 1994 meeting, Pacific told me the “laboratory equipment” was actually vegetable-canning paraphernalia plus a few flasks and petri dishes … the by-product of his and Buckley’s failed experiment to synthesize psilocybin. They had never, he maintained, tried to manufacture LSD. Why go to the trouble when the finished product was so accessible at the cost of about seven cents a hit?

“So you and Buckley weren’t making acid?”

“Oh, no. Good heavens, no,” said Pacific—a quaint-sounding denial that encouraged me to check with the prosecutor, Scott Miller, a former assistant U. S. attorney who’d headed the Bureau of Narcotics “strike-force grand jury,” stated that Pacific and Buckley weren’t manufacturers of LSD but mere jobbers. Though Miller suspected that Kimberlin was one of their suppliers, he opted to pursue a perjury indictment rather than a drug indictment. The government’s general impression was corroborated by Tim Young, who told me that Brett was his source in several “multithousand-hit deals.”

“I probably sold fifty to seventy-five thousand hits of acid in my life, over a year and a half period,” Young said. “Purple microdot and orange sunshine are the two I remember. How much of it from Brett? All of it. I don’t remember buying acid from anyone but Brett. He sold it to me about ten thousand hits at a time. If he said he never sold acid, he’s a lying [redacted]. Guarantee.”

Isn’t it amazing how much of TDPK’s narrative seems to be contradicted by other witnesses, court transcripts, and the like?

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I used to work in Indiana. FWIW, I met both David Pacific and John Buckley on separate occasions before the Speedway Bombings occurred. Based on my personal knowledge of them and what I have also learned from mutual acquaintances, I’d be much more inclined to believe them, especially David Pacific, that The Dread Deadbeat Perjurer Kimberlin.

Team Kimberlin Post of the Day


This statement is found at the end of the description of Protect Our Elections on the ABOUT page at protectourelections dot org—

… our campaign will support the passage of existing legislation to stop purging, caging, disenfranchisement of felons and much more that is needed to ensure the self-governance envisioned by our Founders in the U.S. Constitution.

Really? Who among the Founding Fathers thought that felons should be allowed to vote? What sort of warped view of History ,,, oh, yeah ,,, that’s it …

Protect Our Elections/EMPR Inc. is run by Brett Kimberlin, who pleaded guilty to drug smuggling charges and was convicted of a list of crimes associated with the Speedway Bombings. He was paroled, but his parole was revoked for lying on a mortgage application  about his indebtedness to a bombing victim and for failure to make restitution to that victim. When he was paroled again in 2001, he managed to keep his nose clean, and he was released from supervision in 2006. His sentence expires in 2030.