Transcribing the Trial of Brett Kimberlin v. Walker et. al (Part 3)

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 for over two years, 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave him, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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.

It's always more fun to watch
freedom prevail with popcorn!

This is continuing a series I began with this post and continued with this post.

And like the last two times, I am going to start off by asking for your help in paying for the real, full transcript from this week’s proceedings by donating to Bomber Sues Bloggers!  You aren’t reading the whole story.  I don’t have the energy to transcribe all of it, or even most of it.  I am hitting on a few specific highlights, but there’s a lot more to be read here.  If you want to see the whole thing (except for a few redactions), then donate!

And bluntly, we need this transcript, so we can present it in the RICO case.  It will hopefully give us collateral estoppel on numerous issues, especially the ones where he is seeking a preliminary injunction against us, since the primary argument is that we have been calling him a pedophile.  Under collateral estoppel, the court will say “you had your day in court, and we are not litigating these issues twice.”  It might help us dismiss all or part of the action.

Blegging out of the way, let’s continue.  And if you need any background, I suggest you go to the first post in this series, here.

Last time I promised we’d get to my testimony, and we will.  But look this is almost like live blogging, and I forgot that we had a real revelation in the next bench conference.  First, Brett announced his first witness was going to be his eldest daughter.  So our attorney objected (because she had nothing relevant to say and it was a blatant ploy for sympathy).  Judge Johnson, meanwhile, just didn’t want a fifteen year old girl in the middle of it.  That results in this exchange:

Court:              What’s her testimony?  Is that that little girl?  [A.W.: Brett’s youngest was in the courtroom.  The oldest, whom Brett wanted on the witness stand, was outside.]

Ostronic:         Not that little girl but another girl.

Court:              You... she’s not a party in this case.

Kimberlin:       She’s not a party, she’s a witness.

Court:              To what that they did?

Kimberlin:       That they harmed me and my family and she’s, you know, I ask you to give me a chance to make that [unintelligible]

Court:              But she can’t testify what?  Her school and all?  That is not relevant.

Kimberlin:       She can testify that I’m not a pedophile.  She can testify that...

Court:              How can...?  She can testify that you never did anything to her.

Kimberlin:       Or anyone she knows.

Court:              Or anyone that she knows.

Ostronic:         I will stipulate that he never did anything to her.  We’ll stipulate to that.

Kimberlin:       No.  I want her... I want the harm, there’s harm… these people… this jury needs to know the harm that this has caused my family.

For those that are not lawyers, to stipulate means to admit a fact as a matter of law.  It means the jury would have been told that the parties agreed as a matter of fact and law that Brett never touched his daughter—the only actual relevance that her testimony might have.  That meant her testimony was not needed, technically.  But that was not good enough for Brett, because his passion play was more important to him than the welfare of his children.

A few minutes later, the court talked to Brett about whether his daughter’s denials were sufficient:

Court:              If these individuals said that you’re, that you’re a pedophile, the best person to testify about that is you.  To put your 15 year old daughter, talk about, talk about harm, put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia?

As I have said, the judge all but called this child abuse.  Seriously, you do not hear how annoyed Judge Johnson is at his insistence that he put her on the stand.

And finally, we get to my testimony.  I was called up and took the stand.  When asked to swear I said “so help me God,” as is my habit.  I will note that we go on a while about Everyone Draw Mohammed Day and my involvement in it.  There is no good “quotable” part for this where the newsworthiness justifies the effort.  Seriously, it goes for several pages (and of course, you are smart enough to know that objectivity is not possible when discussing the “newsworthiness” of my own actions).  But a rare moment of that kind of quote-ability comes toward the end in this exchange:

Kimberlin:       Mr. Walker is it true that you wanted to insult the Prophet Mohammed, for...

Ostronic:         Objection, your honor.

Court:              I’ll sustain that.  The Prophet Mohammed is not in this case at all.

Kimberlin:       Okay.  So, were you concerned with your safety, and that’s why you used a pseudonym?

Walker:            Actually, no it was mostly because it was a marital decision.  I mean there is no way I can place myself in danger, without placing my wife in danger, typically.  Every danger I face from a terrorist is a danger to both of us, and therefore it had to be a family decision.

If you thought I was talking about more than just Islamofascist terrorists when I said that, you would be right.  I’m not sure if the jury got that, but there you go.  We go on to talk about the non-assault, and he asks me about the claim that he tried to frame me:

Kimberlin:       Have you made statements on your blog, on twitter, or in other contexts, that I forged those medical records [of the non-assault]?

Walker:            I said that I did not do any harm to you.  So necessarily any [medical] records that exist do not accurately reflect what happened.  You, for example, in this case, in discovery a set of medical records that claimed that you did not have any back injury.  You complained of pain but no back injury.  On February 8, 2012, records to a court in a hearing...

Kimberlin:       Your honor I object.  I’m asking him a simple question.  Has he stated that I have forged these medical records, or any medical records with regard to that incident.

Walker:            I have stated that...

Court:              Let him answer that.

Walker:            What I was about to say is that on February 8, 2012, you submitted in a peace order hearing against me a set of medical records that claimed you had a cracked vertebrae.  Very specifically.  I even referred to it in subsequent documents, he claimed I cracked his vertebrae.  And suddenly you produce these new documents that don’t mention a cracked vertebrae.  You have a history of forging documents...

Kimberln:        Your honor, I object.

Court:              Sustained.

In short, it wasn’t yet the time to bring up his history of document forgery.  And yes, everything I just said is true.  We have a disappearing cracked vertebrae.  And then he got into the dismissal from my job, first talking about how I sent a letter to my employers explaining the Brett Kimberlin situation to them on January 7, 2012, and warning them I expected to be harassed and stalked by him and his cronies.  Then he asked this:

Kimberlin:       What day were you terminated?

Walker:            I was, well, the termination was effectively on the 9th, sorry January 9 [2012], and... but the act... what happened was they had told me initially it was going to be a suspension and they said, we are going to suspend you until this Kimberlin situation is resolved.  And I said, what the hell does that mean?  How is it going to be resolved?

Kimberlin:       So...

Walker:            And so, you know, then, later in the week, they decided it was going to be a permanent termination and effectively backdated the date of termination to the 9th.

Then Brett asked me about him asking me to leave him alone, which led to this exchange:

Kimberlin:       But you haven’t left me alone.

Walker:            I have never accosted you, I have never been in your presence except when I am forced to come to court with you.  I have left you alone.  I’ve never come to your house.  I’ve never called your house.  I’ve never sent you an email.  What I have done is I write about you to the world at large.  Just like Woodward and Bernstein, did about Richard Nixon.

Kimberlin:       Right.

Walker:            Did Richard Nixon have a right to say to them, leave me alone, stop writing about me?

Booyah (if I do say so myself).

Moving on.

Kimberlin:       You know the other defendants, Mr. Ali, Mr. Hoge, Mr. McCain?

Walker:            Every single one of them are fine gentlemen who came to my aid, after they learned about how you were treating me.

Kimberlin:       And um...

Walker:            And they are now my friends.

Appropos of nothing, but it was nice to say thanks under oath.  And of course there are many who fit that description—people who came to my aid that I now count as friends—who were not of trial that day.

Kimberlin:       You called me a pedophile [unintelligible], you must have some basis for that, so I’m going to let you tell the jury why you think that, that’s true?

Walker:            Okay.

Kimberlin:       And where is the truth?  Where is the evidence?

Walker:            Okay.  It’s a number of different things.

Kimberlin:       Okay.

Walker:            First off, I read Mark Singer’s book, Citizen K.  The authorized bio--.

Kimberlin:       May I, first of all.

Court:              It’s your question, sir.  You ask a question.

Kimberlin:       Go ahead.

Walker:            And in that book, it discusses how you had a very questionable relationship with a young girl.  He identifies her as Jessica Barton.  Her real name, I have since learned is Debra Barton or Debbie.  She was ten years old when you came into her life, according to Singer.  And also, by the way, this is backed up by Indianapolis Star newspaper articles that I have also read.  She was ten years old when she came into your life, she was fourteen years old when you left it, I think, I understand when you were arrested for a series of bombings you committed and you were convicted of.  We do not have direct evidence of any sexual contact with this girl, according to Mark Singer and again, the Indianapolis Star, but there suspicious circumstances.  You were taking long trips, just you and her, this young girl.  You were going around, allegedly calling her your girlfriend.  You um…  and similar kinds of very cr…  [A.W.: I was about to say “creepy,” but edited myself] Behavior that should alarm any parent.  Um, that’s one piece of evidence.

                        Later on, in the same book, they talk about an incident where you actually, at the moment, they are trying to figure out where you were at the moment a woman named Julia Scyphers had been murdered.  And it was suspected all along that you were in, um, you may have put a contract on her.

Kimberlin:       I object.

Walker:            That’s what the book says.

Court:              I will sustain the objection because that has nothing to do with, at this point, that’s going to whether he’s a pedophile.

Walker:            Let me jump closer to it, then.

Court:              That’s the segue?

Walker:            Yeah, yeah, it was a segue.  So the question was, where were you at that time, and the answer you eventually gave Mr. Singer, according to Mr. Singer, was that you were delivering t-shirts to two young women.  One was a daughter of a friend of yours, and the other was just identified just as the friend of this daughter.  And she was 15 years old.  And you had said to Singer that you had kind of this romance with her.

                        I also have since learned that you, you also gave an interview, again this is according to the sources I have read, in a magazine called the Washington City Paper.  And in that interview, it was actually an album review of an album you made called I believe something like, something to the effect of out of hell.  It was by a band you were in called Epoxy, you were credited with writing the lyrics of these songs.  One was called teen dream.  And another was called waiting to meet.  And both of these songs were about adults having sex with teenagers.  And you gave a quote in an interview for this music review, where...  I won’t repeat the explicative, but you talk about how, yes, it’s about having sex, and this is where you use the explicative, a teenager.  And yeah, you go on to say, this is something all men want to do but they, they wouldn’t, won’t actually act on it, something to that effect.  And we have the actual articles with us.

                        In addition to that, I became aware in I believe it was July of 2013, that you had filed a peace order against a guy named [J.] Elliot, and that your wife, [T.] Kimberlin, had sought a protective order against you.  And that you had also...  That Mr. Elliot had sought a peace order against you as well.  And you have a habit, every time something bad happens to you, you blame me.  So I wanted to find out what you were going to say about me that day.  So I went to attend that hearing and I witnessed her come into court and say she needs protection from you.  And Mr. Elliot saying he needs protection from you.  And then I saw at the end of the hearing your wife put in handcuffs.  And I didn’t know what had happened.  So, I was attending that hearing with Mr. Hoge, you can see in the bow tie over there, and we went immediately downstairs to where they keep the records, and we were trying to find out what were the supposed charges?  We thought, we assumed it was a criminal charge, because you had a past history of filing false criminal charges against people, and you know, we couldn’t find out anything.  And, so over time Mr. Hoge, by some means, got to know Mrs. Kimberlin.  And we found out, she told us a story, now, at some point I became...

I was about to say I was her lawyer at some point, but Brett cut me off with an objection and I suggested to the judge I wanted to finish explaining why I believe he was a pedophile, but I couldn’t at that time.  But don’t worry, dear reader!  I get to tell that part of the story in a moment.

And before I get to that, the second Singer reference comes from when they were talking about where Kimberlin was when Julia Scyphers was murdered.  He had driven about half an hour southwest of Indianapolis, and later he remembered why he made the trip.  From Singer:

In a subsequent conversation, Kimberlin told me he remembered the purpose of the trip after all.  He had gotten a new shipment of T-shirts at the Good Earth, and Rodney [Fint]’s daughter, Lisa, and a friend of hers each wanted one, so he drove to Martinsville to deliver them.  He didn’t mind going out of his way, because he was having a romance, if you could call it that, with Lisa’s friend, who was then fifteen years old.

Page 328.  Anway, after that, he interrogated me trying to rehabilitate himself after that litany.  I think part of this exchange is interesting for what he said:

Kimberlin:       So you don’t know, that the girl’s mother asked me to take the young girl on a vacation or two vacations because she lost her father?

Walker:            I don’t see why that justifies sending a child away with a strange man.

Kimberlin:       Strange?

Walker:            You are, you’re legally a stranger to this child.

Kimberlin:       Well, I don’t think so.

God, that gives me the willies.  Continuing right mid-sentence:

Kimberlin:       But anyway, and the the other incident about giving t-shirts to 15 year old girls?  Does that show I am a pedophile?

Walker:            It’s well... I do not think it is normal to romance a fifteen year old girl.

Booyah (again).  I go on talking about how I became his wife’s lawyer.

Kimberlin:       What happened after you met with my wife?

Walker:            In what respect?

Kimberlin:       Did she file any document in court?

Walker:            One, she filed criminal charges against you for sexual offense in the third degree.  I can go into more detail about that if you like.  She also filed a motion to continue.  You had filed a protective order against her claiming that she was... on behalf of your children, claiming that she would harm them.  She believed the greater danger from harm is you Mr. Kimberlin because she had told me, and this, I’m basing this on what is in the documents as well, that you had seduced her when she was 14 years old in Ukraine, she told me you made numerous trips back and forth, from the United States to Ukraine, don’t know how many.  She said that when she was 15, you brought her over to the United States and then proceeded to violate that statute around 50 times.  I mean basically it’s a statutory rape statute as you folks might understand.

Kimberlin:       Well...

Walker:            I’m not done.  [A.W.: Booyah!]  And on top of that, at the same time she said she had another cousin there named Tetyana... something.  It’s one of those Russian, Ukrainian names with many, many consonants and vowels I have trouble remembering.

Court:              They’re not the same, Russian, Ukrainian.  A very hot topic.  [Laughter.]

Walker:            Yes.  And basically her name, her first name was Tetyana* as well.  And, and it’s spelled, by the way, for a stenographer who might ever record this, T-E-T-Y-A-N-A, I believe.  And, and, what, what Tetyana Kimberlin witnessesed is she walks in and you are kissing this 12 year old cousin.

And that is when we broke for lunch.  I had been on from 11:06 a.m. to 12:20 p.m. so far and the judge decided to break for lunch and let me finish my testimony after lunch.

Which makes this a great time to break off and submit the next dispatch in this series.  No, we didn’t get to popcorn on trial, as I promised, but I assume popcorn was consumed.  Or maybe goobers, m&ms or whatever.  And I promise it will be the next segment.

And I won’t stop bugging you about Bomber Sues Bloggers, until we get enough money, so hit the freaking tip jar!

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* I try as much as possible to keep Mrs. Kimberlin’s first name out of this, but it can’t always be avoided.

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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 donation link 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.