Exclusive: Brett Kimberlin Shows His Contempt for the Maryland Court of Appeals

Or: "How Brett Kimberlin Tried to Get Another Person Killed"

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me since last December, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

As massive as my monster post was back in May, there were things I left out just because my story was long enough already.  Today we fill in another piece.

In April, Brett Kimberlin lost his first petition for a peace order on appeal.  That much you know.  You can read the transcript below but experienced lawyers can tell you that a number of things happened in that hearing.

First, Kimberlin stumbled all over the rules of evidence requiring authentication.  He kept trying to introduce writings allegedly by me (as well as hearsay), but he didn’t understand that he had to first prove to the court that I actually wrote them.

And then Kimberlin foolishly rested without asking me to authenticate the documents that were allegedly by me.  (I didn’t highlight this mistake when discussing the case because I hoped he would continue to make that mistake.)  At that point, my able attorney, Reginald Bours III stood up and said:

I’m going to ask that you [the court] make a finding now that the petitioner [Kimberlin] has not met, even initially, the burden of proof required under the statute.

In other words, Bours felt that Kimberlin’s presentation was so feeble that a defense was not necessary.  Every person is presumed not to have violated the peace order statute until they have been proven by the petitioner to have done so.  And further, an appeal to the circuit court it is a trial de novo, which means it is an entirely new trial, with the presumption I am “innocent” until proven “guilty” just like in the first trial.  (Or more precisely they presume I did nothing justifying a peace order until Kimberlin proves I had.)  The court agreed and dismissed the petition.

Kimberlin had foolishly assumed that my attorney would automatically put on a defense and call me to the stand, giving Kimberlin the opportunity to authenticate whatever writings he believed was harassing.  So when my attorney asked for a ruling that Kimberlin had put on such a poor case that no defense was necessary (and it was granted), he effectively prevented Kimberlin from introducing any evidence of my supposed harassing writings.

And of course it is worth noting that Kimberlin did not make the same mistake in the July 5 hearing.  (Which is why I feel free to point out this mistake now.  I will hold back details when revealing them will help Kimberlin abuse the system more skillfully.)

So, then after that, Kimberlin filed for a stay of the decision, pending appeal.  And I will let it speak for itself:

Brett Kimberlin Motion for a Stay Pending Appeal (OCR)

But let’s notice one thing.  In a letter to law enforcement, on July 5, 2012 he said that because he outed me as the creator of the Everyone Draw Mohammed blog, “there exists the very real probability that Mr. Walker could be subjected to serious harm or death now that his identity has been exposed.”  This is Kimberlin’s own description of the consequences of his own actions.  He claims he didn’t want to place me in danger, but his conduct speaks otherwise.  This he put this into the case record on July 5; then he fought my attempt to put it under the seal; then he put my real name in the caption of a motion to unseal, and then when I asked the court to put that document under seal, he put my real name and address in a document opposing that action.  At every turn he tried to make sure that this information was put into public documents.  

And on page two, he does it again, this time to contributor at the website, Dustin, who is a dear friend of mine.  I won’t verify if he had the right last name for Dustin; but either he is right and endangering my friend, or he is endangering a third party.  But once again he has created “the very real probability that [a person] could be subjected to serious harm or death” by attempting to expose Dustin’s real name—and after I publicly denounced him for doing that to me.  So he knows exactly how bad this will look, but he is so determined to create that danger to Dustin, he did it again, either to Dustin or to a third party.

In any case, here is my response:

Opposition to Petitioner's Motion for Stay Pending Appeal02

I will let it speak for itself, including where it points out what is dishonest in Kimberlin’s motion.  And I will note that the motion for a stay was denied.

But at the same time, Kimberlin sought his appeal.  Now, just to go over some quick terminology, the highest court in Maryland is not called the Supreme Court of Maryland.  It is due to some quirk called the Court of Appeals.  I suspect it has some historical reason why it is called that, perhaps going back to colonial times, but it is what it is.

Further this appeal is not automatic, as it was for my appeal to the circuit court.  Instead it is discretionary—that is, the Court of Appeals has to decide that it is important to take the case for some reason.  And thus you ask the Court of Appeals to hear the appeal by filing what is called a Petition for a Writ of Certiorari.  I could go into why it is called that, but who cares?  That is its function and that is all you need, to muddle through.

So here’s his Petition…

Kimberlin Cert. Petition (OCR)

And my Opposition:

Opposition to Petition for Writ of Certiori

And for reference, once again here is the transcript from April 11, so you can see who is telling the truth about it.

Brett Kimberlin Hearing 4.11.12 Transcript (OCR)

Otherwise I will let these documents speak for themselves.  I will note that no decision has been made, yet.

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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the Blogger’s Defense Team button on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.