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 adjudicated
pedophile Brett 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.
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| I love the smell of popcorn in the morning... |
Yesterday I made
a trip to the Montgomery County Circuit Courthouse and picked up a new,
somewhat corrected copy of the transcript from last month’s trial of Kimberlin v. Walker et. al. That would be the case where Brett Kimberlin
accused me and my friends of falsely describing him as a pedophile and lost on
the issue of falsity. I won’t explain a
lot of how this new transcript came to be, just yet. For now, I will simply say that the original
was riddled with errors. Mind you, all
transcripts have errors, or at least things that people disagree on. But for instance, the original transcript had
my friend John Hoge apparently taking over our lawyer’s job for him when I was
on the stand. It was really bad and so
we got a new one.
I will update
this post, or write a new post, explaining what went on to bring this into
existance but for now it is worth noting the following about these new
transcripts:
1) They are now the official transcripts.
2) A great deal of personal information has been
redacted. We even redacted out the name
of the daughter, even as she testified on the stand. Her father doesn’t seem to care overly much
about the harm he is doing to his daughter in this, but I do. (And as usual, if you see something you think
we should have redacted, but didn’t, let me know.) Also, you will notice that the page jumps
from around 53 to 122 in the first transcript—that is an ugly deletion of the
entire jury selection process. Since we
had a directed verdict, literally all of that was irrelevant and I don’t want
to risk even a one in a thousand chance of an error.
This is the
first day’s transcript:
This is the
second day’s transcript:
Enjoy, and as I
said, I will explain how it came to be shortly.
Hopefully by close of business today.
Update: Well, best laid plans and all
that.
First, we have
a bit of news in the case. In the RICO
case (which you will remember is another case where Kimberlin is suing me,
because he is a nutjob), Judge Hazel issued a letter order. John Hoge sent it to me, so I expect him to
post it this evening, so I will let him do that. Check over at his
site for it, and I will probably update this with a link when he does.
But this is
the skinny on the ruling. First, Brett
is going to be allowed to file a motion to disqualify Paul Levy, Ace of Spades’
lawyer. Mind you, he ain’t going to be
disqualified, but he is being permitted to waste everyone’s time with this
stupid crap.
Second, he
will be allowed to have alternate service on Ace of Spades through his
lawyer. I have said before that I think
this decision is wrong and doesn’t demonstrate sufficient respect for the First
Amendment right to speak anonymously, but there you go. The interesting question is this: will Levy
file for an interlocutory appeal, maybe even a stay from the Fourth
Circuit? Only time shall tell.
Finally, Brett
will be able to file a motion for alternate service on Thomas, NBC and Ali
Akbar. Note: he is not allowed to have
alternate service yet. He is just
allowed to file for it. And it’s not a
gimme. For instance, Brett was in Ali’s
presence for two whole days... so why didn’t he serve him, then? There are reports there was a guy there to serve
it when it was over, but why not the rest of the time?
Well, this
would be educated speculation, but my guess is that Brett didn’t want the
optics of serving a man for one lawsuit while in the middle of another. Even if it wasn’t actually in the judge or
jury’s presence, they were likely to hear about it, if only in closing
statements. So he wanted to catch Ali when the case was over and it got
flubbed, if it was tried at all. But
that will not be a sufficient excuse when he asked for substituted service in
Federal Court. “Gee, you honor, I had
two days to do it, but I didn’t want to look like a vexatious litigant” shouldn’t
fly.
Now, dear
reader, you might point out that he got alternate service on Ace pretty
easily. But there he literally didn’t
know who to serve. He had no
address. And the court seemed to
sympathize with that. Here, he claims to
know where everyone is, so he can’t offer that excuse.
So that is the
news of the day. Now to explain what was
going on with the transcripts.
When we got the
transcripts (I ordered it, but since NBC was paying for it, Ali actually picked
it up), around September 3, I intended originally to spend a few days pulling
out some fun parts. And then I read the
thing...
Have you? Oy, it is a mess. How bad was it? It misstated parts of the judge’s ruling. It often confused speakers, attributing to
Ostronic what is said by Kimberlin, attributing to Akbar what Ostronic said,
and vice versa. There is even a part
during my testimony when apparently the transcriptionist thought John Hoge
supplanted Ostronic’s role as a lawyer.
Also apparently these transcriptionists didn’t know how to spell the
names of local judges, don’t know the citation forms for the case reports in
Maryland, and never heard the phrase “assume arguendo” before (it means more or
less “assume for the sake of argument).
Mind you, a
lay person not knowing these is excusable, but these are supposed to be
professional court reporters. And if the
person cited a sufficiently exotic case, such as something from Arkansas or
even as close as Virginia, I wouldn’t ding them. But if you creating a transcript in a
Maryland case, these are the minimums you should know before you try to do.
And I will add
that, look, no transcript is ever 100% perfect, especially when two different
people might hear two radically different things based on the same
recording. For instance, if they couldn’t
spell Mandy Nagy’s name correctly or Bill Schmalfeldt, you can’t really fault
them. They are names you don’t run into
every day, and no one bothered to spell it out.
And sometimes little things are just misunderstood—especially when you
are dealing what I like to call “accent translation.” I mean they had Texans, Tennesseans, Indianans,
and Marylanders, plus the weird hodgepodge of accents I have picked up from
North Carolina, Pennsylvania and Texas, interspersed with Yiddish for no
particular reason. Mistakes happen. But this was below any reasonable level of
quality.
So there is a
process by which you can get transcripts corrected and I submitted myself to
it. I gave them something like thirty
six pages of errors, and not just stuff that benefitted me. Sometimes they muddled Brett’s words and I was
honest enough to ding them for that, too.
For instance, in the argument over the directed verdict, the original
transcript said this:
Well,
Mr. Walker created this false [unintelligible] of my wife. It had her file in it, but it was false, it
never happened. [unintelligible] my wife.
Which is undecipherable
for those of you reading at home. But I
could hear pretty clearly what they said, so I offered my suggested language:
Well,
Mr. Walker created this false narrative of my wife, had her file it, but it was
false, it never happened. I’m not a pedophile, I didn’t rape my wife.
These are, of
course, false accusations against me (and he presented literally no evidence to
back up his denials), but it is what he said and I believe in getting it right.
I delivered it
on September 8 to be fixed and they said it would be back in 5 days, which I assumed
meant 5 business days. Come the next Tuesday,
when it was officially late, I asked where it was and they said it was going to
take another five days. So... yesterday.
Why? Well, apparently they fired the current
contractors in the meantime and hired back Deposition Services, which had done
most of the previous transcripts. There
is about zero chance it had anything to do with me. I could believe it had something to do with
other complaints, but that is just speculation.
I mean for all I know, the sheer craptitude of the last transcript was a
fluke and they are ordinarily awesome. In
any case, it looks like to me that Deposition Services literally retyped the
whole transcript. They seem to have paid
attention to the issues I (and my co-defendants) raised, because they fixed
over 90% of those, and even caught some things I missed (you try listening to
two days of trial you already witnessed live without letting your attention
wander now and then). But then they made
whole new errors. I am not even going to
attempt to capture all of them but to give a few examples...
When talking about the now infamous iPad
incident:
And
then at some point you lift your iPad as if to do something with it, and I
split second think, I was concerned. I knew you were the speedway bomber.
No, I said “I
had a split second to think.” That was
what was in the original, and somehow it got changed to that.
When talking about Brett Kimberlin’s
(alleged) creepy trips alone with Debbie Barton:
I
don’t see why that justifies sending a child to lay with a strange man.
No, I did not
accuse anyone of sending Brett “to lay” with him, in a Biblical sense or in an
innocent one. Again, they got it right
the first time:
I
don’t see why that justifies sending a child away with a strange man.
Or talking about the iPad incident again:
I've
seen the video and motion showing that I did none of what you said.
It was video “in
motion” not “and motion.” And did you
know that John Hoge’s website is called Oblast?
You didn’t? Well, that is because
it isn’t. It’s called Hogewash.
This is just a
sample of the new errors that cropped up.
Yep, I spent the last day or with one transcript on one side of my
laptop screen and the other transcript on the other, comparing them, and there
are errors. More than I think is
normally acceptable, but nothing I am willing to “go to the mat” over.
So where does
the truth lie? Well, the answer is about
75% with the new transcript, and 25% with the old one. And the really important stuff is right in
the new one.
---------------------------------------
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.
---------------------------------------
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.
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