The Final Failure of Adjudicated Pedophile Brett Kimberlin’s Human Shield Strategy (Part 1 of 3): Tetyana Kimberlin’s False Charges

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 convicted terrorist Brett Kimberlin has been harassing me for over three 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.  Indeed, he sued me for saying this and lost on the issue of truth.  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 sued 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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.

This is the first of a series of posts I started, here.

So the main purpose of this post is to share a redacted copy of the charges against myself and John Hoge, which were voluntarily dismissed by the state late last week.  So without further ado, here it is, below the fold:

   Tetyana Kimberlin's Application for Statement of Charges 5.18.15 (OCR) (Redacted)

Do you have any... popcorn?

Now, first, you might ask why I continue to redact the names of Brett’s children (as well as personal information, like addresses and phone numbers).  Well, as I said here, I don’t believe in targeting Brett’s children for destruction.  While the fisking of this Application will happen later, you can see by reading that post and pretty much everything else I have said, that I am very consistent.  Of course K. Kimberlin, a.k.a. the “elder daughter of Tetyana Kimberlin” (as I call her to remove ambiguity), has testified against us, and you can make the case she has done enough to merit attention, but I still reject that argument.  We do not know how thoroughly she has been manipulated by her father, we do not know if she is able to even view what others say about her.  Brett makes it out to be something sinister that I say she might feel differently if she only knew the truth about what was happening, but it is not sinister: it is why I don’t hold her responsible for her conduct.  There is a reason why children of this age are not allow to drink, vote, serve on juries, even sue under their own name: because they are too immature to make these decisions.  So, bluntly, she has not yet reached the age of responsibility.

And, dear reader, if my moral argument is not persuasive, let me point out it is, practically speaking, a bad idea to target her, too, if only because it allows Brett to play victim and file more hare-brained criminal charges.  Never mind that he never explains how I am responsible for third parties, but he will try and try and try.  So even if it were not immoral to target her, it is just bad tactics.

Anyway, shifting to the Application for Statement of Charges itself, the first thing that leaps out at you is that this is nominally Tetyana Kimberlin’s complaint.  And there are a few things to note about that.

While I will save my fisking for later, there can be no reasonable doubt that she has outted herself as a liar.  There is an irreconcilable conflict between her prior Application for Statement of Charges against her husband, and what she filed in May.  Here, take a gander at it:

   Charges State v Kimberlin (Redacted) by himself2462

So in the new charges, on page 2, she writes:

They have attacked her repeatedly, directly and indirectly, through their online presence by falsely accusing Brett Kimberlin of sex offenses and insinuating and imputing that [K.] is in danger.

On the other hand, we see by her writing that she has accused her husband of “sex offenses” and in a document I quoted in this post she has insinuated that K. Kimberlin is in danger from her father.  She is literally claiming it is a crime to quote her and believe her.

It is a legal cliché to say, “were you lying then or are you lying now?” but only because it is the obvious thought in this situation.  It is logically impossible for her to be telling the truth in both Applications.

Of course, that raises several issues.  First, it might lead you, dear reader, to wonder if a re-evaluation of her allegations against her husband are in order.  This isn’t about what I can legally say.  Legally I can say Brett Kimberlin is an adjudicated pedophile for the rest of our lives.  You can, too!  Brett is forever collaterally estopped from denying that 1) he is an adjudicated pedophile; 2) that he seduced Tetyana Kimberlin when she was 14 years old and living in Ukraine (and he was in his forties); 3) that he brought her to Maryland and seduced her regularly while in that state when she was fifteen, and 4) that he even tried to seduce Tetyana Kimberlin’s cousin, who was twelve at the time.  As far as the courts are concerned, he had his shot and he blew it and he doesn’t get a second chance.

But even if I can legally get away with saying something about someone, I still have to feel it is the truth before I say it.  It is my ethical and moral duty.  And I continue to believe it is true, for several reasons.  First, as noted in this post, there were many reasons besides his wife’s accusations to suspect him of being a pedophile and of having seduced underage girls such as Debbie Barton.  Second, I know for an absolute fact Tetyana Kimberlin was lying in the latest charges and you, dear reader, know this too.  So we have the answer to the question: she is definitely lying now.  And there is simply the fact that other extrinsic facts back up her account.  For instance, the date Brett Kimberlin provided for as her birthday when he filed a protective order against her was not consistent with her being eighteen when she married him, as he claimed.  And so did Tetyana Kimberlin, before she exchanged a single word with either me or John.

The second natural question that this raises in relation to Tetyana Kimberlin is whether I should be angry with her.  I believe a good Christian tries to see where the other person is coming from and even when someone wrongs you, you should try to understand why he or she did it.  In her case, in a prior protective order (that is prior to my ever having spoken to her), I knew she claimed that this convicted bomber had physically threatened her, threatened to subject her to false imprisonment, and had been keeping her children from seeing her.  I also know he did eventually subject her to false imprisonment (her brief arrest based on his false accusation that she suffered from mental illness).  It is very easy for me to accept the possibility that this woman was either under duress, or she was willing to literally do anything to see her children again.  That is, I am not saying it happened, just that it is a reasonable theory to explain what happened.  That is not likely to be a sufficient legal excuse if the state chose to go after her, but it blunts my anger.

Of course, I am not going to try to go through the exercise of redacting her name any longer.  Originally, I did so in honor of her request for privacy, trying to balance that against my right to report journalistically.  But it is too difficult, and frankly she is an adult, and this is a public document that she consented to creating.

Still, since I believe she told the truth about what her husband did to her, if anything I am sad.  Now, she has destroyed her own credibility.  If she ever decided to file charges again—which was entirely possible—it would be instant reasonable doubt.  There are ways to shore up her testimony with extrinsic evidence, but it would be difficult.  And that may have been part of Brett’s agenda all along.  That is, his goal wasn’t just to vex John and I, but to trick Tetyana into destroying her credibility in the process so he would never have to worry that she could charge him with this again.

In any case, it goes without saying but I will say it: this charges are not true.  On Wednesday I will take these false charges apart, bit-by-bit.  The short version is that every allegation of fact in the Application can be divided into two categories: outright lies, or half-truths presented in a way that manifests a deliberate intent to mislead.  So, stay tuned for that.  And as for tomorrow, I will share my memorandum in support of my motion to dismiss, which is going to contain a lot of useful information.  How so?  Well, you will have to tune in to find out, won’t you?

And don’t forget the popcorn.

---------------------------------------

My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) 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.