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.

* * * * *

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.

The Popehat Signal is Up

Ken White has the Popehat Signal up seeking pro bono legal assistance for consumers who are being sued by a company called Roca Labs because they publicly complained about the company. Roca Labs produces a pink slime that one is supposed to eat to suppress the appetite.

If you’re a lawyer, especially a Florida lawyer, click on the link and check out the outrageous suit Roca has filed.

BTW, Ken White used the Popehat Signal to find pro bono counsel for Aaron Walker, Stacy McCain, Ali Akbar, and me in the state vexatious lawsuit that Brett Kimberlin filed against us.

Team Kimberlin Bonus Post of the Day

The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.


popcorn4bkBefore he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.

Stay tuned.

Kimberlin v. Walker, et al. in Review, Part 1

Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in the Circuit Court for Montgomery County. His initial complaint was a laundry list of torts and several other bizarre claims that sought $1,000,000 in damages. Yesterday, he lost his case with respect to Aaron, Stacy, Ali, and me. Technically, the suit still survives against the two individuals that Kimberlin is currently accusing of being Kimberlin Unmasked, but based on what developed at this week’s trial, their defense would appear to be pretty solid and straightforward. Brett Kimberlin would be wise to drop his case against them.

Now that we’ve won, I’m going to tell you my side of the case. It’s a long and complicated story, requiring many posts.

During the first weekend of July, 2013, I got an email from a reader who had seen in the Maryland Judiciary Case Search database that Brett Kimberlin had filed for a protective order against his wife and had filed criminal charges against another individual. Maryland has two types of what are called “restraining orders” in other states. Peace orders are issued between unrelated persons. Protective orders are issued among family members, roommates, or other persons with close relationships. Given The Dread Pro-Se Kimberlin’s history of seeking peace orders against the likes of Aaron Walker and John Norton, I wondered why he was seeking an order against his wife. So the following Monday, Aaron Walker and I went to one of District Courthouses in Montgomery County and witnessed the hearing.

I won’t rehearse all the details, but over the next few days, Mrs. Kimberlin approached me, and Aaron and I wound up helping her with her legal problems related to her husband. Shortly afterwards, TDPK sued us. One of the claims for defamation that he made was based on the fact that I suggested that Brett Kimberlin might be a pedophile. That suggestion was made after he had been charged with sexual offense in the third degree. While the State didn’t take the charges to trial, I believe Mrs. Kimberlin’s story.

In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, “I was defamed,” and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.

The Dread Pro-Se Kimberlin filed his suit on 30 August, 2013. He lost on 12 August, 2014. That makes 347 days that we defendants were subject to his vexatious nonsense. All that has cost TDPK is a sanction award of $600 to our lawyer—which he now late in paying. Or so he may think.

Stay tuned.

UPDATE—During her testimony, Miss Kimberlin was very supportive of her father. However, as the judge noted, being a good father would not disprove what we wrote about him.

Team Kimberlin Post of the Day

RICOMadnessXenophon (the Troll) has another nonsensical post over at Breitbart Unmasked trying to put some sort of conspiracy theory spin on the fact that two of the defendant’s in the Kimberlin v. The Universe, et al. RICO Madness have asked the court to recognize that The Dread Pro-Se Kimberlin is a vexatious litigant.

A vexatious litigant is one who keeps filing and losing nuisance lawsuits, and that is a fair description of TDPK. Here’s a partial list of some of the federal civil cases that TDPK has filed and, and near as I can tell, lost:

Kimberlin, Brett C (pla) mddce 1:1987-cv-01449 540 06/04/1987 12/03/1987
Kimberlin, Brett C (pla) dcdce 1:1990-cv-01549 440 07/02/1990 07/02/2003
Kimberlin, Brett C (pla) ilndce 1:1990-cv-05913 290 10/11/1990 03/19/1992
Kimberlin, Brett (pla) lawdce 2:1992-cv-00612 890 04/06/1992 04/18/1994
Kimberlin, Brett C (pla) dcdce 1:1995-cv-01328 895 07/19/1995 04/12/1996
Kimberlin, Brett C (pla) dcdce 1:1995-cv-01329 895 07/19/1995 04/12/1996
Kimberlin, Brett C (pla) mddce 8:1997-cv-00431 890 02/11/1997 02/26/1997
Kimberlin, Brett C (pet) mddce 8:1997-cv-01687 530 05/23/1997 06/06/1997
Kimberlin, Brett C (pet) mddce 8:1997-cv-02066 530 06/24/1997 07/30/1997
Kimberlin, Brett C (pla) dcdce 1:1997-cv-01798 550 08/08/1997 01/16/1998
Kimberlin, Brett C (pla) mddce 8:1997-cv-02574 890 08/11/1997 08/27/1997
Kimberlin, Brett C (pla) dcdce 1:1997-cv-02633 550 11/07/1997 06/12/2001
Kimberlin, Brett C (pet) mddce 8:1997-cv-03829 530 11/10/1997 05/22/1998
Kimberlin, Brett C (pla) dcdce 1:1998-cv-00071 895 01/09/1998 04/10/2001
Kimberlin, Brett C (pla) mddce 8:1998-cv-00730 550 03/10/1998 04/30/1998
Kimberlin, Brett C (pet) vaedce 2:1998-cv-00957 530 08/19/1998 03/29/1999
Kimberlin, Brett C (pla) vaedce 2:1998-cv-01484 550 12/29/1998 04/28/1999
Kimberlin, Brett C (pla) dcdce 1:1999-cv-01514 550 06/11/1999 09/29/2000
Kimberlin, Brett C (pla) dcdce 1:1999-cv-01515 550 06/11/1999 09/30/2002
Kimberlin, Brett C (pla) dcdce 1:1999-cv-01590 550 06/18/1999 10/31/2001
Kimberlin, Brett C (pet) vaedce 2:1999-cv-00979 530 06/21/1999 04/03/2000
Kimberlin, Brett C (pet) vaedce 2:1999-cv-01547 530 09/20/1999 05/22/2000
Kimberlin, Brett C (pla) dcdce 1:1999-cv-03156 555 11/30/1999 01/27/2000
Kimberlin, Brett C (pla) vaedce 2:2000-cv-00307 550 05/01/2000 10/26/2000
Kimberlin, Brett C (pet) vaedce 2:2000-cv-00670 530 09/07/2000 12/05/2000
Kimberlin, Brett C (pet) vaedce 2:2000-cv-00798 530 10/20/2000 11/17/2000
Kimberlin, Brett C (pet) dcdce 1:2001-cv-01212 530 06/04/2001 09/30/2002
Kimberlin, Brett C (pla) dcdce 1:2001-cv-02100 320 10/05/2001 07/16/2004
Kimberlin, Brett C (pet) mddce 8:2004-cv-02881 530 09/02/2004 06/14/2005

I’m not the least bit surprised that two of my codefendants have decided to tag TDPK as a vexatious litigant.


Team Kimberlin Post of the Day

RICOMadnessOne of The Dread Pro-Se Kimberlin’s lawfare tactics is to try to paint any opponent as engaging in shady behavior that’s more properly characteristic of Kimberlin’s own actions. Here’s a line from a post over at Breitbart Unmasked (No, I won’t link to it.)—BU20131206a

“A vexatious litigant” am I? Vexatious litigation is usually understood to be legal action initiated maliciously and without probable cause by an individual who is not acting in good faith for the purpose of annoying or embarrassing an opponent. Litigation winds up being classified as vexatious when an attorney or a pro se litigant repeatedly files groundless lawsuits and repeatedly loses.

The Dread Pro-Se Kimberlin brags about having filed “over a hundred lawsuits.” What’s his record of winning?

He lost Kimberlin v. Crest Paragon Productions, his first RICO suit.
He lost the Kimberlin v. Walker I peace order.
He lost the Kimberlin v. Walker II peace order.
He lost the Kimberlin v. Norton peace order.
He lost the Kimberlin v. Elliott peace order.
He lost the B. Kimberlin v. T. Kimberlin protective order.
He lost Kimberlin v. DeLong, his appeal of the DeLong judgment.
He lost Kimberlin v. Department of Justice, et al., a suit seeking to keep Mrs. DeLong from collecting what he owed.
He lost Kimberlin v. Dewalt, his appeal of his parole revocation.
He lost Kimberlin v. Brewer, another parole related case.
He lost Kimberlin v. Department of Justice, his suit to be able to have an electric guitar in prison.

I could go on and on.

With all that in mind, the Gentle Reader should not be surprised to learn that more than one of the defendants in the Kimberlin v. The Universe, et al. RICO case are seeking to have the court find that Brett Kimberlin is a vexatious litigant.

It’s Not Exactly Fraud …

… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.

Here’s the top of the site’s home page. (Click on the image to embiggen it.)pussyriotdefensefund_orgZooming in on the text show this:pussyriot_zoomSee, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.

BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers site and find out how you can help.