Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The
Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.
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Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?
Mr. Kimberlin: Objection!
The answer to Mr. Ostronic’s question is very simple.
The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.
TThus, the name: Bomber Sues Bloggers.
You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.
Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,
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While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.
Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.
I began reporting on Brett Kimberlin when he managed to get a judge to issue an unconstitutional gag order against a blogger. Because he seemed to be trying to silence his critics by filing legal actions against them, I began referring to him has Lord Voldemort (“He who must not be named”). After he put up a rather lame pirate-theme website to support his lawfare, I began mocking him as The Dread Pirate Kimberlin. That, in turn, morphed into The Dread Pro-Se Kimberlin after he sued me. When he failed to pay the court costs and sanctions due me, the mockery changed, and he’s now The Deadbeat Pro-Se Kimberlin.
Of course, I not the first creditor he’s stiffed. The TKPOTD from seven years ago today is about what happened when he failed to pay another court judgment.
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When he was in prison, Brett Kimberlin was transferring money from his commissary account to someone outside the prison. A prison case manager tipped off Mrs. Delong (who Kimberlin then owed and still owes over 1.6 million bucks plus interest) who obtained a writ of attachment on the commissary account. And so the guy who now brags about having filed over a hundred lawsuits sued lots of folks for violating his privacy rights. Here’s what the Seventh Circuit Court of Appeals had to say [Kimberlin v. U. S. Department of Justice, et al., 788 F.2d 434 (1986)].
Brett Kimberlin, a prisoner, initially filed a one-count complaint claiming that a disclosure by his prison case manager Leddy to his probation officer Gahl that plaintiff was sending money outside the prison from his commissary account violated the Privacy Act, 5 U.S.C. § 552a. The original defendants [The defendants named in the original complaint are the Department of Justice, Office of U.S. Attorney (S.D.Ind.), Bureau of Prisons, Sandra DeLong, Paula Kight, Patrick Leddy and three Assistant U.S. Attorneys (S.D.Ind.), namely, Richard Darst, Jack Thar and Kennard Foster. The defendants named in the amended complaint are: the Bureau of Prisons; the Department of Justice; the Parole Commission; Patrick Leddy, former case manager of plaintiff at the Metropolitan Correctional Center in Chicago; Thomas Gahl, a U.S. probation officer in the Southern District of Indiana assigned to the criminal case against plaintiff; Sandra DeLong, widow of Carl DeLong who was allegedly injured by plaintiff’s explosive device, and Paula Kight, lawyer for Mrs. DeLong.] moved to dismiss, contending that the Privacy Act had not been violated because the disclosure was permitted as a routine use under the Act. Kimberlin then asked to file an amended complaint. The motion was continued while the parties briefed whether or not the amended complaint would cure the defects in the original complaint. The district court’s order dismissing the action refers only to the proposed amended complaint. Kimberlin v. United States Department of Justice, 605 F.Supp. 79, 81 (N.D.Ill.1985).
The amended complaint continued to assert the Privacy Act violation, naming the Bureau of Prisons (BOP) and the Department of Justice (DOJ) as additional defendants. An additional two counts alleged that disclosure of the information to private citizens violated plaintiff’s constitutional rights to privacy and due process and that a conspiracy existed among the individual defendants to violate his constitutional rights. Kimberlin seeks compensatory and punitive damages as well as costs and attorneys’ fees.
The district court dismissed all three counts of the proposed amended complaint, holding, inter alia, (1) there was no violation of the Privacy Act because the routine use exception of 5 U.S.C. § 552a(b)(3) applied; (2) the Bivens due process action failed because no property interest had been lost; (3) the Bivens privacy claim failed because Kimberlin did not have a reasonable expectation of privacy in his commissary account; and (4) the conspiracy count failed because no constitutional violation occurred.
For the reasons discussed above, the order of the district court dismissing plaintiff’s action is affirmed.
Kimberlin’s unwillingness to pay what he owes Mrs. Delong has been quite expensive. Indeed, it was a cause of the revocation of his parole in 1997.
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Kimberlin was willing to spend four years in a federal prison rather than make any effort to meet his obligations to Mrs. DeLong. I wonder how much he’ll be willing to go through to avoid paying what he owes his more recent victims.
One of the principal weapon’s that several bloggers have used in the fight against Brett Kimberlin’s attempt to use lawfare to silence his critics has been ridicule. For instance, here at Hogewash!, I’ve taken given his various LOLsuits humorously disrespectful nicknames, such as RICO Madness and RICO 2: Electric Boogaloo. While I was reading through some old posts, I found this description of the case that I’ve usually referred to as the RICO Retread LOLsuit—
Kimberlin v. National Bloggers Club, et al. Indiana Bomber and the LOLsuit of Doom just filed in Montgomery County Circuit Court
Maybe I should have stuck with that.
Politics makes strange bedfellows. How else can one explain Brett Kimberlin’s use of not-for-profits to support gun control? The TKPOTD for seven years ago today took note of that irony.
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Brett Kimberlin received a 50 year sentence for his conviction for using explosives to cause injury. He has claimed that his conviction was based on evidence manufactured by the ATF. Here’s what Mark Singer concluded about Kimberlin’s claim as recorded in the Appendix of Citizen K (p. 377):
To believe that Kimberlin’s conviction represented a widespread effort to frame him required the postulation of a sophisticated, ingenious, and illegal network of his enemies—nothing less, it seemed, than a “conspiracy per se.” Sometime the ingenuity with which Kimberlin credited the ATF specifically seemed too generous. For instance, on 20 September 1978, the day of Kimberlin’s arrest and the impounding of the Impala, the ATF agents involved in the search did not have the lab results from the bomb scenes. If the government had wanted to lace the Impala, they would’ve needed to guess exactly which substance—Tovex, that is, not dynamite or TNT—would link Kimberlin to the bombings. Additionally, the ATF was unlikely to have known that Kimberlin was using Tovex to excavate his property three years earlier.
It’s interesting that, although Brett Kimberlin doesn’t trust the ATF to honorably deal with crime scene evidence, he is campaigning through his NRA Watch website to increase the ATF’s gun control authority.
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Most of the NRA members I know aren’t the sort of people who would contribute to one of Kimberlin’s not-for-profits. Follow th money.
Yesterday’s TKPOTD alluded to the connections that both Joe Biden and Brett Kimberlin have to Ukrainian interests. One of Kimberlin’s not-for-profits is Protect Our Elections/EMPR Inc. EMPR is EuroMaidan Public Relations, and empr dot media is an English-lanugauge Ukrainian news site. Kimberlin also has ties to the Chalupa sisters, Alexandra Chalupa appears to have been involved in some of the Democrats’ shenanigans related to Ukraine during the 2016 election, and Kimberlin was involved in at least one of the attempts to dig up false documents for use against the Trump administration in 2017.
The have been other uses of Kimberlin in the #I’mWithJoe meme. For example, …If the Gentle Reader doesn’t know the backstory related to that tweet, this post may help.
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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The 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.
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.
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.
* * * * *
Facts and Law trump Feelings in a courtroom.
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.
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.
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.
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
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.
Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.
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.
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.
Rudy Giuliani, who is Donald Trump’s personal lawyer, had announced plans to visit Ukraine to ask that country’s new president-elect to pursue inquiries that could yield new information about the origin of the Russia collusion investigation and about former Vice President Biden’s past influence in the country. He cancelled his trip, saying:
I think I’m walking into a group of people that are enemies of the president, in some cases enemies of the United States, and in one case an already convicted person who has been found to be involved in assisting the Democrats with the 2016 election.
One of the reasons that I have ridiculed The
Dread Deadbeat Pro-Se Kimberlin is that his behavior has been ridiculous. It has been all along as was described in this post from six years ago today titled The Unique Criminal History of Dread Pirate #BrettKimberlin.
* * * * *
TDPK was busted by the FBI and U. S. Army CID for impersonating a Department of Defense police officer when he tried to have some documents copied at an Indianapolis print shop. It was that arrest that led to a search of the car that he was driving. That search turned up the bomb making materials that led to his being charged as the Speedway Bomber.
Mark Singer adds this on page 94 of his book Citizen K:
Halloween was still a few weeks away, but Brett was already in costume. He had on navy-blue trousers, a medium-blue short-sleeved shirt with a sew-on cloth Department of Defense Police shoulder patch, and a gray wide-brimmed felt hat. The overall effect—especially the Smokey the Bear flourish of the hat—bordered on slapstick. The eventual charges against Kimberlin were impersonating a Department of Defense officer, illegal possession of military insignia, and illegal possession of a facsimile of the Great Seal of the President of the United States. The latter two offenses were so obscure that Kimberlin said his later search of case law turned up no other criminal prosecutions under the relevant statutes—a statistic that seems to fit the novel circumstances under which he got himself busted.
Others have been convicted of terrorist crimes such as bombing, others have been convicted of impersonating government officers, but to be the first, and only, one convicted of illegal possession of the Presidential seal … Now, that’s a unique place in the annals of crime!
UPDATE—Mark Singer notes the “slapstick” appearance of TDPK in his getup. I note that his beard is a sufficiently gross violation of the grooming standards in place at the time that no DoD personnel, military or civilian, would have believed he was for real.
* * * * *
That silly costume fooled no one except The
Dread Deadbeat Prevaricator Kimberlin himself.
The Speedway Bombings were 40 years ago last week. Several Indianapolis media outlets have published retrospective coverage over the past few days. The post from the Indianapolis Star not only provides a detailed account of the bombings and the aftermath, it also deals with how the family of Carl DeLong, the man most severely injured by the bomb in the gym bag, has been affected.
The DeLong family has yet to receive anything from the judgment.
Steve DeLong, a painter by trade and a musician, has written songs about wondering if he’ll ever find peace of mind.
“I don’t even know that I want to find complete peace about it,” he told IndyStar recently, reflecting on the 40 years that have now past. “There’s a lot of things that happen in this world that I don’t understand and sometimes I choose not to understand them because once I understand them, it’s a point of acceptance.
“And I don’t accept this. It’s unacceptable.”
Read the whole thing.
Kimberlin was eventually charged in the bombings and went to trial in 1981. He was convicted by a jury of 12 and sentenced to 50 years in prison.
Read the whole thing.
Video Credit: WRTV
More video at the WRTV link above.
Bunny Boy, aka Matt Osborne, aka 57F Osborne, is another one of the gang of failures who make up Team Kimberlin. This TKPOTD from four years ago today engages in pointage, laughery, and mockification at his expense.
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The most recent member of Team Kimberlin to be stuck with the job of editing Kimberlin’s propaganda website Breitbart Unmasked (No, I won’t link to it.) is Matt Osborne. Since a principal duty of that gig seems to be helping Team Kimberlin dig even deeper holes for themselves in their lawfare, Bunny Boy has been assigned as the Team Kimberlin grave digger and is carried on the roster as 57F Osborne.
While I was reviewing the 50+ posts mentioning me over at Breitbart Unmasked, I found one from 3 September, 2013, that is a wonderful example of Osborne’s cocksure wrongheadedness. He called it We Are Criswell, and it made wildly inaccurate predictions about the lawsuit that The Dread Pro-Se Kimberlin had filed against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court. Back in the ’50s, the real Amazing Criswell was a local TV huckster in LA who sold “Criswell’s Family Vitamins” on infomercials during which he claimed to be a psychic. He was best known for his wildly inaccurate predictions. However, the real Criswell, who occasionally got something right, had a much better record than Osborne—who got everything wrong.
My codefendants and I did not wind up facing “numerous lawsuits in the months to come.” TDPK has tried for a second bite of the apple with his RICO Madness, but that is now looking to be an even bigger disaster for him.
We haven’t had our “asses hauled before a judge and jury to examine their fund raising frauds, tax violations, schemes, and scams.” TDPK hasn’t alleged any tax violations in either suit, and he has been unable to show any of the elements of fraud in either case.
When the case did come to court, we didn’t “lose because they have given Mr. Kimberlin more than enough evidence to prove malice.” TDPK was way short of enough evidence; indeed, the judge told him that he essentially had none.
OTOH, 57F Osborne assuming the Criswell personality for his predictions makes some ironic sense when one considers that The Amazing Criswell is probably best known for his appearance in the worst movie ever made, Plan 9 from Outer Space.
* * * * *
Hogewash! took another poke at Bunny Boy a bit later that very same day with an I’m Not Making This Up, You Know post.
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Bunny Boy has a headline story over at Breitbart Unmasked about a young criminal being caught with IEDs. (No, I won’t link to it.)
Apparently, Brett Kimberlin was unavailable for comment.
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In a way, it makes sense that a failed historian would be a failed prognosticator.
Four years ago this month, the only one of the Team Kimberlin LOLsuits that made it to trial went to trial. The other dozen-plus failed on motions to dismiss or motions for summary judgment. The Kimberlin v. Walker, et al. LOLsuit was terminated after The
Dread Deadbeat Pro-Se Kimberlin failed to prove a key element of a defamation claim—that what had been said and written about him was false. What Kimberlin’s defamation claims have always amounted to is that he haz sad when people tell the truth about him. However, butthurt is neither a crime nor a tort. This was posted four years ago today during the run up to that trial.
* * * * *
odi·ous adj. \ˈō-dē-əs\ : causing strong dislike; arousing or causing repugnance.
in·fa·mous adj. \ˈin-fə-məs\ : well known for being bad or evil.
frighten verb \ˈfrī-tən\ : to cause (someone) to become afraid.
frightened • fright·en·ing
I can understand how someone might have a strong dislike for a person who set a time bomb in the parking lot of a high school football game. Someone who was convicted of a series of high-profile bombings might be considered to have become infamous. And being frightened of such a person is a perfectly reasonable reaction.
* * * * *
TDPK would have done better to have quit after that first loss. He didn’t, and in one of the succeeding cases he wound up with a ruling that his reputation is so bad that he’s defamation proof.
Nothing proceeded as he had imagined.
From his various failed attempts at a musical career, it seems Brett Kimberlin dreams of being famous, but from his various failed attempts at lawfare, it also seems that he doesn’t want the kind of public scrutiny that goes along with celebrity. The TKPOTD from four years ago today dealt with one of his more stupid attempts to shut his critics up.
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The Dread Pro-Se Kimberlin haz sad because a mean bunch of bloggers mock him on the Interwebz. Here’s part of his whining in his recent letter to Judge Hazel.TDPK knows full well that court filings are public documents and that they can be published. That’s why he put Aaron Walker’s personal information in a filing in the Kimberlin v. Allen lawsuit as a way of doxing Aaron.
Of course, I publish what TDPK files, and, of course, I mock it. There’s no way that I’m going to let Brett Kimberlin hide any of his shenanigans in these vexatious nuisances lawsuits, and I mock his filings because they are risible.
As for “threatening doom” or “pretending to be the Court,” TDPK is reading more into what I write than what I actually have written. Personally, I believe the facts and the law are on my side in both the state and federal cases. That means I expect to win. If that’s a threat of doom, so be it. However, I know that any time one goes to court, the unexpected can happen. I can’t (and won’t) predict what the Court will ultimately do.
And if those don’t suit your fancy, how about Junior Mints?
* * * * *
He wanted fame. He compounded his infamy.
Losing losers gotta lose.
Decades before he became famous on the Internet for using lawfare to suppress the First Amendment rights of his enemies (i.e., those who wrote truthfully about him), Brett Kimberlin was infamous as The Speedway Bomber. The TKPOTD from three years ago today dealt with one of the consequences of his failure to pay a judgment won by one of his victims.
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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.
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Rather than take any steps to pay down that debt, he spent four years in federal prison. He has an strange value system.
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Those of us of a certain age, who are old enough to have been young before nanny-statism began smothering the “dangers” of adolescence, remember the fun we had and havoc we caused with fireworks. The holy grail of that era was the dreaded M80, and it’s acolyte was the Cherry Bomb. (Hmmm, I’m mixing my metaphors.) We bragged of their explosive power.
The charge in a genuine M80 was 20 grains of black powder and 10 grains of flash powder, a total of 30 grains. The total charge in a Cherry Bomb was 20 grains.
A standard dynamite cartridge (aka, stick) typically weighs one pound or 7,000 grains. Our mighty M80s contained less than 1/2-of-one-percent by weight of explosive, and were essentially gunpowder. Dynamite was originally based on nitroglycerin. The Tovex used in the Speedway bombings is a more modern formulation.
The bomb which Brett Kimberlin was convicted of setting that maimed Mr. and Mrs. DeLong contained six sticks of dynamite some of which were wrapped in shot.
Imagine 1,400 M80s detonating simultaneously. That’s less force than what Mr. Kimberlin was convicted of inflicting on the DeLongs.
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Dread Deadbeat Pro-Se Kimberlin sued Mrs. DeLong when she tried to collect the 1.6 million dollar judgment he owed her for her injuries and the wrongful death of her husband. His parole was revoked for failing to make payments to Mrs. DeLong and for lying about the debt on a mortgage application.
A member of the Vast Hogwash Research Organization sent me a link to this video. It originally aired last month.
Video Credit: WTHR
Breitbart Unmasked Bunny Billy Boy Brett Unread outlived it’s usefulness to Team Kimberlin? It went quiet when the Cabin Boy™ announced that he was leaving for a new career out West and sputtered a bit with some droppings from “Marcus Crassus,” but the site hasn’t produced any new pixels for almost two weeks.Maybe The Dread Deadbeat Publisher Kimberlin has figured out that he’s lost control of the narrative and that Hogewash! and other media outlets will continue to cover his past and present activities. The Indianapolis Star hasn’t forgotten him. This was published yesterday.OTOH, BU may start making noise again. We’ll see.