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.
So on Monday, I
shared with you a redacted copy of Tetyana
Kimberlin’s false charges and some of my general thoughts about them. Yesterday, I gave you my
memorandum in support of my motion to dismiss. Now, today as promised, I will fisk the
Application for Statement of Charges. As
I often have in the past, what I am fisking will be quoted in red.
For starters
there is even something to fisk on the first page, which relates to authorship. First, she gives her address as the basement of Brett's mother's house (which has been the marital residence), in other words where Brett is living now. We can only guess whether she actually lives
there, especially as you can see that this was originally written as both her
and Brett’s complaint. I will say that
at one point she seemed to be dead set against ever moving in with Brett again
and I would be somewhat surprised if that changed. It is also worth noting that the phone
number, which I also won’t disclose, is Brett’s personal cell phone number, not
hers.
Flipping to
page 2 of the page, you see at the top it is presented as the “Statement of Tetyana
Kimberlin and Brett Kimberlin...” This,
combined with the fact that most if not all of the text is recycled from
writings Brett definitely authored, it seems reasonable to think that these are
his charges, and she just signed on
the dotted line. That isn’t proof, of
course, she might have decided for whatever reason to lie about us all day
long. I report, and you decide.
Oh, and
jumping ahead, here’s something else that is interesting. The last page of both of the Applications are
handwritten. Here’s a screengrab of one
of them:
Embiggen as necessary |
I remember
when charges were filed by Tetyana Kimberlin against Brett Kimberlin. Stacy McCain reported to me that Neal
Rauhauser was claiming that someone else wrote up a false story and Tetyana
Kimberlin just signed it. This was
undermined when John obtained a copy of it and posted a redacted version,
showing that while much of it was typed, there was about one sentence at the
end. Thus, even if you imagined someone
else wrote the typed portions, it was clear that she wrote the last part.
So at first
blush, that might seem like a similar situation. You could imagine Team Kimberlin saying, “maybe
Brett wrote the typed portions, but that is her handwriting.”
In fact, to
finish my stroll down memory lane, let’s look at her prior Application for
Statement of Charges against her husband:
Hey, wait a
minute... that looks different, doesn’t
it? Hey, do I have any other samples of
her writing?
Well, here’s a
portion from her first petition for a protective order, written before John and
I had exchanged even a single word with her:
And by
comparison, here’s a portion of his first charges against me:
In my
constitutionally protected opinion, the handwriting on Brett’s Application for
charges looks virtually the same as the charges nominally filed by Tetyana
against John and I, except that the writing is more compact in the most recent
Applications for charges. Now, if my
opinion is correct—and you, dear reader, make up your own mind—why would he do
that?
Well, one
theory is that he was trying to recreate what happened when she filed charges
against him—making people think she wrote part of it by hand, when it is pretty
obvious she didn’t.
On the other
hand, I have little doubt that the signature is hers, given that it closely
resembles samples in my possession and my knowledge that the Commissioner would
demand that she swear an oath, and sign it in her presence.
So based in
part on my opinions in analyzing handwriting samples (and I am no expert) and
based on how much seems just cut and pasted from Brett’s prior writings, it
looks like Brett pretty much wrote the whole thing and only told her to sign
it. If you don’t agree with my opinions,
then you might not agree with my conclusion.
Anyway, so let’s
dive into the meat of this thing. After
their false claim that we have violated §3-805, and a little more set up, they
write:
For the past several years, two adult men, William Hoge, from
Westminster, MD and Aaron Walker, from Manassas, VA, have bullied her relentlessly
through interactive computer services, directly and indirectly.
Of course,
they don’t define bullying, or how one indirectly bullies someone. When I was growing up, bullying was beating
kids up, taking their lunch money, and so on.
It always involved violence or the threat of violence. Mind you, I was never myself a bully. I was strictly taught never to fight anyone
or threaten anyone, except in self-defense.
But there is hardly a man alive who hasn’t seen a bully in action.
But these days
many people seem to think that merely making fun of a person counts. Never mind that this seems to be covered by
freedom of speech, but I haven’t been doing that. I haven’t threatened her. Indeed, I barely talk about her and wouldn’t
talk about her at all, except Brett keeps making her part of the story that I
have been covering. This entire piece, for instance, is necessary in defense of my reputation and John's for instance. Or when she gets
on the stand and testified against me, what was I supposed to do? Exclude her from my account of that
trial? As it was I didn’t say much about
her because what she said had literally almost no relevance.
She and we have repeatedly asked them to stop...
Well, actually, she
hasn’t as best as I recall. But since we
didn’t start, it isn’t relevant, and certainly I don’t think I have permission
to engage in any truly harassing conduct.
What Brett and Tetyana have asked us to stop doing—our acts of journalism and
advocacy to a general audience—they have no right to demand of us. I mean they could ask, but I don’t have to
obey, because it is protected free speech.
...but they continue to do so and to get others
to join them in their bullying.
Of course,
there is another vague term. In what
sense are we supposedly getting anyone to do anything? Now if we assume that to them “writing bad
things about the Kimberlins” is bullying in their lexicon (even though it is
legal) to the extent that anyone does that because of anything I wrote, it is
because what I wrote was convincing and compelling. This happens in journalism all the time. For instance, there was no deliberate plan in
the media to write about George Zimmerman all at once. They just found it interesting on their own,
all at once. And to the extent that there
has been organized protests but guess what?
That is legal, too.
This has caused her serious emotional distress, so serious in
fact that she has had to change schools twice because students and their
parents read the online bullying and this led to intense bullying and shunning
at school.
Well, assuming
it has any truth at all—a dubious proposition—it seems to be getting cause and
effect mixed up. I mean first she says
this causes emotional distress and then she says it is because of the acts of
third parties. It helps if we rewrite
the passage, so that the first mention of bullying is substituted for what they
apparently mean:
This has caused her serious emotional distress, so serious in
fact that she has had to change schools twice because students and their
parents read the online [writings Brett didn’t like] and this led to intense
[unnamed behavior or words Brett didn’t like] and shunning at school.
Seriously,
what did the kids do that supposedly counted as bullying? The only thing they are ever specific about
is children refusing to come to her house or to have sleepovers. And we were told in another context that once
someone supposedly said to K. Kimberlin that her father was going to
prison—with little indication on the tone of voice in such a statement. You have to assume that if it was worse than
that, they would have said so, so their vagueness is a confession that none of
it was objectively that bad. And in any
case, they make no effort to explain why I (or John) are legally responsible
for it. Bluntly, if this girl has been
bullied at school they should take it up with the children (or parents?)
bullying her. Not only am I not
responsible for their conduct, I have done everything in my power to discourage
it.
And it seems
that this unexplained bullying is the reason why she had to change schools, not
supposed distress she felt because of anything we wrote. In other words, she wasn’t so upset about
what we wrote that she had to change schools.
Rather, she was so upset because of the reaction of third parties, she wanted
to change schools. But if the author wrote
it to reflect that chain of events, it would be even harder to believe we
intended this result.
This has caused her academics to suffer and taken a toll on
her emotional health.
Which is why
it is being alleged for the first time, in this case. Color me skeptical. You will also note again the lack of
specifics.
She has had severe emotional distress, nightmares,
depression, and lives in fear of injury or death from them and what they will
unleash against her online or otherwise.
Actually, I
don’t see any proper allegation of severe emotional distress. They are missing a specific element of the
legal definition, and I am not going to educate the midget as to what is
missing. And you will notice that he
doesn’t say this is as a result of anything we did. As you will see going forward, what he doesn’t
say is as important as what he does.
And what
exactly is she afraid of that we will unleash online (or otherwise)? Reporting?
Commentary? Advocacy? Maybe her father has told her some tall tales
about what we might do, but there is nothing to suggest she had any reasonable
fear of us. If she is afraid of us, it
is not because of anything we have done or said.
Many parents will not let their daughters be around [K.] because
of the false attacks made online by Mr. Hoge and Mr. Walker.
That is
probably a reference to the fact that he is now an adjudicated pedophile, which
Brett is collaterally estopped from saying is false. Brett’s sense of entitlement here is amazing,
thinking somehow it is criminal to warn a community about a potential threat.
Mr. Hoge is a 67 year old man and Mr. Walker is a 42 year old
man who have been harassing and stalking our family obsessively and incessantly
for the past four years.
By “stalking”
he means that we have been 1) writing about him and 2) attending court
hearings. Which is not stalking within the
statutory definition found in Md. Code Crim. L. §3-802:
(a)
“Stalking” defined. -- In this section, “stalking” means a malicious course of
conduct that includes approaching or pursuing another where the person intends
to place or knows or reasonably should have known the conduct would place
another in reasonable fear:
(1) (i) of
serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or
sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted
rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a
third person likely will suffer any of the acts listed in item (1) of this
subsection.
That does not
include peaceable writing on the internet, or peaceably attending a public court hearing. And Brett knows this. For instance, he tried to claim that
peaceably coming to court was stalking in his second peace order against me and
it was flatly rejected.
They have written literally thousands of posts and tweets
about us just to harass us.
Courts have
now found three times that we have not.
Our purpose is 1) reporting, 2) commentary on newsworthy events, and 3)
advocacy of government action.
Harassment is not even on the list.
They investigate every aspect of our family and business, and
they have compiled and stored gigabytes of data in scores of digital and paper
folders about our family.
First,
investigating a person’s family or business is not illegal. In fact there are people who do that for a
living. They are called private
investigators (as well as detectives on the police’s salary). And journalists do the same. So do opponents in lawsuits, in fact they
often hire said private investigators and also to do their own
investigation. But as a point of fact,
we are not investigating every aspect of his family. For instance, where does the younger daughter
go to school? I don’t know, and I don’t
care. Is K. Kimberlin going to the same
school he named in his peace order?
Again, don’t know and don’t care.
And, by the
way, how can they possibly pretend to know that? We certainly haven’t published on every
aspect of his family’s life, leading one to infer we have done so.
As for the
statement we have stored gigabytes of data, I think that is true, but even if
it is, it is deceptive. As you saw I
have linked to Scribd documents. And if
you go to my Scribd account you will find many, many other documents. I don’t know if it adds up to two gigabytes
or more, but the key thing here is that the vast majority of that data is court
papers, and in fact most of it are court papers filed by either 1) Brett against
myself or one of my co-defendants, or 2) filed by myself or one of my co-defendants. So in essence he thinks it is criminal to
report on court cases he has filed and to share pleadings in said cases. To the extent that we have kept other
information, it relates to 1) crimes he has committed against us, and 2)
information needed to prove our defenses.
And indeed, when we go to court we have to print that stuff out and
carry them to court in (gasp!)
folders.
Here, dear
reader, the fainting couch is over here.
I know it is very shocking to learn that lawyers keep information in
folders.
Not only is
this not criminal, but Team Kimberlin has done the same thing. They have made it clear, for instance, that
they know about pretty much every traffic infraction I have committed. And when he turned over discovery in the defamation
case he lost last august, it made it clear that he was examining virtually
everything about our lives. And that is
besides the fact that it was clear that he or an ally had apparently hired a
reputation management firm to, more or less, run internet searches for every
mention of the word “Kimberlin” including ones that are utterly unrelated to
the present case. So if there is a “Ebenezer
Kimberlin” doing missionary work in China, even if that person is a complete
stranger to Brett Kimberlin, if that person gets mentioned on the internet,
Brett knows it. And when he comes to court he has literally piles of documents. I don't remember if they are in folders or not, but there you go.
They conduct forensic analysis of photos and videos
associated with us through meta data markings to find patterns and connections.
The only photo
or video that was examined for metadata that I know of were the photographs he
took of my wife without her consent and subsequently published on the
internet. Funny, he doesn’t mention that context.
As for finding
patterns and connections, again this is what people do when they are being sued
over and over again. For instance, in
this filing,
I showed how Brett had engaged in a pattern
of failing to serve people, and connected
his recent behavior in this respect with other instances. It isn’t criminal to have filed that document.
This is just Brett getting angry because
we are trying to hold him accountable for his misconduct.
They have sent people to our home to take photographs.
No, we have
not, and a court ruling backs us up on this point.
But let’s
break this down. First, what this is
referring to, obviously, is the John Norton incident. Brett claimed that in June of 2012, John
Norton snuck onto his property in order to take pictures of Brett and his
younger daughter. Norton, for his part,
denies this happened. They both agree
that for whatever reason Brett decided to chase him down the road—which you
notice would fit the definition of stalking above—and flipping him the
bird. And they both agree that Norton
photographed Brett while he was acting so erratically.
In any case,
Brett has already had his day in court over this. He filed for a peace order against Norton,
and a judge found that the story about Norton entering his property (or,
technically, his mother’s property) and hiding in the bushes was not plausible.
And that is
the only time he has ever alleged anyone
came to his house to take photographs.
So even in his allegations there weren’t people sent there, just a person.
Further,
saying the word “they,” stating that both John and I did this, is a flat out
lie. John didn’t even know me at that
time. The first time I met John Hoge was
in waiting for my July 5, 2012 peace order hearing and, yes, we became fast
friends after this.
And as for the
allegation that I sent him, it is equally hogwash. I never even heard of the man until after
Brett made his accusations against him.
Brett’s entire theory, stated previously, on why he thinks I had
anything to do with this this is because we are both from Virginia and
supposedly live very close to each other, and because Norton had no other
reason to be in the area. Well, he lives
in Fairfax, and I live in Prince William County, as do literally millions of
other people. And I won’t reveal Brett’s
or Mr. Norton’s address, but if you happened to have that data and entered it
into Google maps as well as my own address, you would discover that Mr. Norton
actually lives about three miles closer to Brett than to my house on the date
of the incident. As for why Mr. Norton
was in the area, he stated in testimony that he works in Maryland and
frequently drives down his street on the way to work.
So in short,
much of it is knowingly false, and the rest is false in the sense that it
states his unfounded suspicions as certain fact.
And,
incidentally, that is not even relevant to a charge of electronic harassment,
because it is missing the “electronic” part.
We have had to call 911 several times because of unwanted
contacts and we have had to install security cameras and 24/7 alarms.
As per usual,
notice what they are not saying. They
are not saying that we contacted anyone. In fact, there isn’t even the allegation that they were being contacted. Just that someone was facing unwanted
contact. And that is important, because
there were reports of people calling his neighbors simply saying (paraphrase), “hey,
I just wanted to give you a head’s up about the guy living in your
neighborhood.” I don’t encourage that
sort of thing, but it is not illegal, and it is not a reason to call the
police. As for installing security,
Tetyana previously attributed that to his paranoia more than any reasonable
fear. Certainly we have not said or done
anything that would make a reasonable man think someone might try to harm him
or his family.
Mr. Hoge and Mr. Walker have exhibited a disturbing level of
interest in [K.] since she was 14 with a multi-year course of harassing and
stalking behavior.
Besides the
fact that we have neither stalked nor harassed the girl, we also haven’t been
very interested in her. John’s mentions
of her amounts to noting that she was at this hearing or that and he doesn’t
give out her actual name, either. And
one time he corrected someone’s mistaken statement about her age. And as I have pointed out on the witness
stand, I only talk about her to the extent necessary to cover the story. So did Dave Weigel when writing for the Daily
Beast (as I mention in my motion to dismiss), and unlike me, he actually uses
her real name.
And how
hypocritical is this? He has
increasingly put her at the center of his attempt to silence protected speech,
but we are not allowed to notice her at all.
Basically, as typical with Brett, he can do whatever he wants to you,
but if you take any steps to defend yourself it is a crime, somehow, even if
you’re only defending yourself in a court of law, or the court of public
opinion.
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.
Bluntly, this
was covered by my motion to dismiss, so I won’t repeat myself here. But the short version is that Tetyana
Kimberlin, the nominal author of this Application, has herself said that Brett
committed sexual offenses against her when she was an underage girl and has
stated that she feared for her daughter’s safety. Apparently they think it is a crime to agree
with her.
They have stated that she needs to be protected and that they
can save her.
Now, this gets
into the real dishonesty of the lie about my rejection of the corruption of
blood doctrine. On one hand he later
says that we have declared her fair game, literally saying that I said the
opposite of what I did say. But here he
is paraphrasing somewhat accurately the actual point of that passage: that I
will shield her from collateral damage from her father’s conduct (by not
publishing personal information) because I don’t hold her responsible for her
father’s conduct or even all of her own.
And no, we
have never said we can save her. I might
have said Tetyana would keep her safe or something to that effect in the
context of saying I would like Tetyana to gain custody. I am saying I might have said it because I
absolutely believed it, and if I believe something sooner or later I will
probably say it. But is Tetyana now
saying that it is criminal to believe she is best choice for custody of her
daughters?
They have trolled her social media accounts and copied pages,
photos, videos and posts that she has placed online.
“Troll” is a
nebulous term that often translates into “saying things I disagree with.” But it almost always involving talking to the
target of the trolling, which neither of us has done. As for his claim that “pages, photos, videos
and posts” were copied, that is again probably true and deceptive, basically
trying to criminalize basic litigation defense.
For instance, when she claimed it was scary that John knew her birthday,
Patrick Ostronic produced a copy of her own website that states her birthday on
it. When I was trying to show that Brett
was a public figure, I included with several filings music videos that he
placed online, including this one that won K. Kimberlin a video contest as a
little girl:
The video shows
Brett Kimberlin (for instance at the 0:52 second mark), in a video later
reported on in the Washington Post, and I (gasp!)
made a copy of it in order to present it to courts in order to make the
argument that he was a public figure as part of my litigation defense
strategy. So if K. is literally the
person who put the video up then the claim about videos is literally true, but
deceptive. And it represents another
attempt to criminalize litigation defense.
This frightened her so much that she was forced to take these
social media forums private or shut them down altogether.
“This,”
meaning the non-trolling and litigation defense I mentioned above. I can’t say if she was genuinely frightened,
but I can say she was not reasonably
frightened, because we did nothing that could be interpreted as frightening.
They have tried to friend and follow her on Twitter and
Facebook.
John flat out
denies he ever tried to “friend” her on Facebook, and while I have an account I
literally haven’t done anything with it in years. As for Twitter, he didn’t and I have already
recounted how someone pointed me at her Twitter account and I picked up my
iPhone the wrong way and accidentally hit the follow button. Everyone who has an iPhone or numerous other
touch screen devices know how easy it is to do that sort of thing. And there can be no liability under the
statute for unintentional conduct.
And so
what? Even if it was all true, friending
a person on facebook or following them on twitter is just a way of asking those
platforms to give you access to information.
If she doesn’t want us to have access, she can prevent that and as
indicated in the last passage that is what she did. This isn’t like Schmalfeldt, whom every time
you block an account he pops up with a new one, forcing you to play what I
jokingly call “whack-a-troll” by blocking each account.
In April 2015, Twitter permanently suspended Mr. Hoge’s
Twitter account because it found that he engaged in “targeted abuse” of our
family.
Which is true,
but it was based on a false accusation, and that action is not even admissible
in a court of law. The fact is John’s
Twitter account was one of the mildest on the internet. But let me guess, did Brett possibly threaten
to sue them if they didn’t shut him down?
This is only speculation, but if he did, a corporation caving to Brett
Kimberlin is not evidence of anything except their spinelessness.
Mr. Hoge and Mr. Walker have orchestrated campaigns to post
vile and insulting comments of a sexual nature on articles about her and on
music videos she has uploaded to YouTube.
No, we have
not. We have not told anyone to post
anything on anything. Now when K. got a
glowing article in the Bethesda Gazette, and Brett used that as an opportunity
to 1) elbow into her spotlight and 2) lash out at Brett’s enemies, a few people
posted there to talk about the serious allegations Tetyana Kimberlin had
leveled against her father. Which would
be the “vile and insulting comments of a sexual nature” the Application is
probably referring to. But if Brett didn’t
want anyone correcting the record, perhaps he shouldn’t have lied in an article
that was supposed to be about his daughter’s success. And again, those commenters did that on their
own.
As for
YouTube, I literally have no idea what he is talking about, but this is a good
time to note Team Kimberlin’s history
of faking comments from others.
They have incited other twisted individuals to pile on
against her in perverted and unwanted ways.
And of course
you know we have incited nothing. At the
bottom of this post and every other post for around three years I have
specifically said to leave him and his family alone.
And what does
this bit about piling on and the supposed “in perverted and unwanted ways” even
mean? I have literally no idea what he is
talking about.
They have posted comments on blog posts talking about her “titties”
and falsely insinuated “sexual abuse.”
The utterly
deceitful nature of that allegation is mentioned in the motion to dismiss, so I
will fall back on that. But notice he
isn’t saying we said these things, only that we commented in a post where
others have done so.
On March 3, 2015, Mr. Hoge posted her birthday and age in the
comment section of a blog post by one of his close associates discussing a
fantasy of a sexual pervert “hunger[ing}” over her at a middle school
basketball game.
I will note
that is exactly how he wrote it, typos and all.
I already responded to this allegation in a previous post, so let’s me
just re-post my response:
This is referring to this post over at the blog Thinking Man’s
Zombie by the anonymous blogger who writes as Paul Krendler who, as part of his
schtick, pretends he is an unusually literate zombie, where he says that this
thought makes him calmer:
Somewhere, in a park eating ice cream or at the mall food
court munching a soft pretzel or eight rows up in the bleachers at a middle
school basketball game, there’s a skeezy 35 year old dude in a ratty Motley Crüe
t-shirt giving Brett Kimberlin’s daughter the same kind of hungry eyes that he
used to give Sandi Barton’s daughter.
And Brett Kimberlin knows it.
The deep thought Krendler seems to be having is 1) these
perverts are an unfortunate part of life and we will probably never eliminate
them entirely, and 2) he seems to assume that Brett’s guilty conscience would
eat him up in fear of someone else leering at his daughter. I get what he was going for, but I
communicated to him later that it’s pretty dubious to be making any joke about
that, and needless to say the optics can be atrocious. It isn’t a crime, but it is a joke I wouldn’t
have told. And then of course in the
comments, someone said that the girl was fourteen years old. So, John being the nerdy, persnickety guy he
can be, corrected the record. I mean you
can see it in the thread. It was
innocent, but it gave Brett something to distort with a grain of truth in it.
I think the
only thing worth adding to that is that Judge Williams evaluated John’s comment
and said that the intent was obviously not to harass. So, here they are trying to claim harassment,
again, after a judge found against them.
They have contacted the police and falsely told them that
there is child porn at our home and that she is being watched while undressing.
That is simply
a complete fabrication. I have never
made any call to the police similar to that, and John has told me he hasn’t
either.
They have said that she is a proper target for online
harassment because of “corruption of blood.”
Again, I took
that apart in my motion to dismiss. I
have said literally the opposite of that, and the only time John used that
phrase was to point out that Brett was lying about what I said.
They have communicated with Tetyana Kimberlin and offered her
money to make false statements to get [K.] taken away from us.
Again, utterly
false. We didn’t offer her money,
period. We offered to raise money for a
lawyer. We never asked her to make false
statements and to this day I don’t believe she made any false statements
against Brett. And our goal in providing
the help we did provide wasn’t to make both
parents lose the kids, but to help Tetyana Kimberlin gain custody. Which, by the way, is a legal goal.
They have undermined [K.’s] budding music career by forcing
us to take measures to protect her from their creepy, scary behavior.
As noted
above, the fear is not justified and so far they haven’t alleged anything that
is creepy or scary. And I point out how
wrong it is to use criminal law to help her music career in my motion to dismiss.
They have attacked people who support [K.], including
reporters.
By “attack”
they mean criticize. And actually, I am
not sure I or John Hoge have even criticized the reporters who have covered her
family. I have criticism of some of that
coverage, but I don’t remember if I voiced it, honestly. And guess what? That is
legal. Criticism of the media is
protected under the First Amendment. Sheesh.
They have threatened to take depositions of her and her
friends to ask about sexual topics.
This isn’t
entirely false but there is a context.
As regular readers know, Brett threatened to sue us for calling him a
pedophile and ultimately lost that suit on the issue of truth. That is why I call him an adjudicated
pedophile. But when he was first
threatening to sue us, I pointed out that if he did we would have the right to
depose K. Kimberlin and her friends. I
mean if you sue someone for calling you a pedophile, you can’t act all mad when
they suggest they might try to investigate whether you have touched other young
girls, and even attempt to prove it. So
once again, he is trying to say that basic legal defense is criminal.
Oh, and when
Brett did sue us, he did make his
daughter testify about sexual topics, in the sense that she was asked if Brett
had made any passes on her. And who
asked her this horrible question? Brett Kimberlin. We had no questions because the testimony was
so irrelevant. And this was done after
Judge Johnson repeatedly asked him not to do it. It is one of the few times I heard John
really get angry in dealing with this, when he listened to all the bench
conferences from the trial when the judge was telling him not to put his daughter
on the stand. Funny, that didn’t make it
into the Application.
Anyway, it
goes on a bit on some stuff setting up a discussion of the last peace order
hearing against John. Then the
Application says this:
After the hearing, the Judge stated that Mr. Hoge (and
Walker) were engaged in “child abuse” through their online bullying. She said
that they may very well “end up behind bars.” She said that hearing the testimony
“broke her heart” and said that no child should ever have to go through this
relentless bullying.
Of course what
they leave out is how the judge walked back the comments after a long recess,
presumably after realizing how far she left the actual law (and the First
Amendment) behind. They also leave out
that at that time, Judge
Creighton wasn’t supposed to be opining on criminal matters at all, and has
subsequently announced her resignation, effective this week.
It goes on a
bit about Grace’s law, saying little that bears on the case. But then it says:
Two grown men who have been told repeatedly to leave our
family alone have bullied [K.] for years. These men know the suffering and
distress they are causing and that is why they do it. They want to cause
maximum harm through their online bullying.
No, the only
true sadist in this story is Brett Kimberlin.
And no, we don’t
know it is causing any genuine distress.
Their claiming that it has is literally no evidence in my mind. And further, even if K. is distressed, in my
opinion is more likely because Brett has made us into boogeymen that doesn’t
match any sense of reality.
And I have
already explained why I cover this story.
They celebrate every day by telling their readers to “get out
the popcorn” while the [sic] mock, harass, bully and abuse the Kimberlin
family.
By “mock,
harass, bully and abuse” he means “report on, comment and advocate for justice.” And of course the focus is and always has
been on Brett. As for getting out the
popcorn, I was asked about this in our August trial, and this is the relevant
exchange.
Kimberlin: I
have another question. On a lot of your blog posts you put this graphic,
popcorn graphic, you tell people to get out the popcorn, can you explain that?
Walker: Let’s
see, I believe very strongly in the idea of being a happy warrior to show
cheer, and you know, even in the face of adversity. You have been suing me,
filing peace orders, filing criminal charges, et cetera for almost three years
now, Mr. Kimberlin. And so it is my way of showing people that I am cheerful as
I do this. Get out the popcorn, we’ll have some fun.
Kimberlin: This is entertainment, right?
Walker It’s
what, am I supposed to cry every time you sue me, Brett, it’s getting to be
tedious.
Kimberlin Every
time I sue you. How many suits do I have against you right now, Mr. Walker?
Walker: Oh,
let’s see here. You’re presently suing me in two courts including this one. You’ve
also filed two peace orders.
And that is
pretty much the end of the typed pages.
Now let’s go to that that hand written page that is not apparently
written by Tetyana Kimberlin. I won’t go
line-by-line because much of it is redundant but I’ll hit some highlights.
He has assaulted Brett Kimberlin sending him to the hospital.
No, Brett
Kimberlin tried to frame me for that crime, as the Circuit Court has found.
And really in
the written part on my application, that is the only new thing. Everything else is redundant rehash of the
bull in the typed pages.
As for John’s,
well, it is the same typed complaint, but it has slightly different written
parts. After accusing John of harassment
and abuse, it says:
It has also occurred on Mr. Hoge’s alter ego blog, “The
Thinking Man’s Zombie.” [ed: we will call it TMZ, not to be confused with the
gossip site.]
To those who
are keeping track, Brett’s friend Bill Schmalfeldt first said in one suit that
he doesn’t know who TMZ is (he calls him “Paul Krendler”), then in another suit
says for certain he knows it is a man named Patrick Grady, at the same time the
other suit is going on and he’s pleading ignorance.
And now the
author of this Application is claiming John
is TMZ.
Of course, we
all know what is really happening. This
is my opinion, mind you, but it fits the facts.
I believe they really aren’t sure who TMZ is, but they figure if they,
say, file criminal charges against John, maybe one of two things will happen:
either the real TMZ will come forward in order to protect John, or John will
name names in order to save his own hide.
And a similar strategy is being pursued with Patrick Grady, only with
the threat of civil damages instead of criminal conviction. And of course that depends on that person
feeling real fear of those consequences, which is weird because John and I knew
from the beginning that the charges against us were going nowhere, and
Schmalfeldt’s lawsuit against Grady is dumber than usual for him. And even if the criminal and civil complaints
based on TMZ’s writings were valid (and they are not), how do I say this? It is hard to prove what a person actually
says on the internet. It is almost
impossible to prove what they didn’t
say. So I doubt that Grady or John are
in any fear of a jury falsely deciding they are TMZ.
He has sent emails to Tetyana Kimberlin saying he wants to
save [K.]
Actually I don’t
believe he’s ever put it that way, but I wouldn’t be shocked if John said to
her that he wanted to help Tetyana Kimberlin get custody over K. because
Tetyana told him her husband was a danger to his daughters. And certainly John has sought to help Tetyana
gain custody of her daughters, by loaning several thousand dollars to a legal
defense fund to hire her a lawyer.
We know Mr. Hoge only from him attacking us online.
Which is
utterly false. Tetyana also knows him
from meeting him in person and accepting his aid. And there are many, many witnesses to that
fact.
And the rest
of that hand-written part is redundancy.
So once again,
three years later, I find myself coming up on the July 4 holiday with freedom
of speech vindicated. Back then I was
wrapping up a story
I couldn’t tell because of a court order, and this time it is vindicated by the end of frivolous criminal charges. The cynic might think that this is just
another case of Brett wasting our time and the state’s resources and getting
away with it. But each time it happens,
the officials in question get closer to deciding that he is a problem they can’t
ignore, and that the solution is sending him back to prison, again. The surface might look placid, but there can
be powerful currents hidden underneath that.
Every day, with every mistake, we come closer to justice.
So have a good
Fourth of July... and let freedom ring.
Freedom of Speech isn’t dead, yet.
---------------------------------------
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.
I feel I must correct your handwriting analysis.
ReplyDeleteAs you have no doubt heard experts testify in open court, the fact that one signature matches another, or that one handwriting sample is strikingly similar to another, is PROOOOOOOOF!!!!!ELEVENTY!!! of forgery.
Not of the notion that the same person might have written both samples or signed both documents.
...and you call yourself a lawyer. SMH
;-p
I want to commend your resolve. I don't know how many people would have stood against these vile weasels* through such adversity. Thank you keeping TDPK and his toady's feet to the hot fire of justice.
ReplyDelete*Apologies to weasels.
Is this Brett guy really this NUTS? I really do not understand his obsession with some of you.
ReplyDelete