Now in yesterday’s document dump, I showed how the dueling peace order petitions between convicted terrorist Brett Kimberlin and John Norton did not even allege enough elements to justify issuing a temporary, let alone final, peace order, for either side. And I am watching the Maryland Judiciary Case Search to see what outcome we might have in that case. I can reveal that John Norton filed a motion for a continuance on the basis of the fact that he was having difficulty finding a lawyer and that it was already denied. He might in theory raise it again.
But today we are going to look at the criminal complaint against Martin Maher. If you go onto the Maryland website and look up the case you can see the following:
It indicates that he is being charged with Md. Criminal Law Code § 3-804 which reads as follows:
§ 3-804. Misuse of telephone facilities and equipment
(a) Prohibited. -- A person may not use telephone facilities or equipment to make:
(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;
(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or
(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.
(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $500 or both.
And I have to think that there has to be a fair amount of judicial interpretation of this statute to limit its scope. I mean for example, this would be an anonymous call that is reasonably expected to annoy a person...
So is that a crime? It seems doubtful. Likewise, if a man named Bill called a woman named Hillary, and asked her to come see him and give him a “Lewinsky” that would seem to be a “request... that is… filthy…” but if this is his wife and they are on good terms, I don’t see how that is rightfully a matter of criminal concern. Did Maryland outlaw the booty call? Doesn’t Lawrence v. Texas seem to prohibit Maryland from doing that?
Anyway, without further ado, here is the complaint:
I will note that all those redacted 786 numbers are identical. Also the reference to his daughter as the Lego queen is about a story that was published in a prominent newspaper. I won’t link to it because it has the effect of outting her real name and I am not going to do that. But it suggests some Googling on the part of the caller.
And do I have to tell you that this line is bull?
I have a Peace Order against Mr. Walker for stalking and harassing me, and he has used other people to continue harassing me.
First the claim that the peace order was for “stalking” is simply false. And of course I have not “used other people to continue harassing” Kimberlin, even under his expanded and unconstitutional definition of harassment. I don’t control these other people.
But despite my misgivings about the Maryland law outlined above, if Maher did all of this, this sounds like a valid charge under §3-804. But that’s the first rub. Right now, all we have is the word of a convicted perjurer and document forger. Have we seen the actual phone records? Have we heard the recordings? Have we verified any of them?
And here’s a more basic question: how does Brett Kimberlin know who is on the other end of the phone? It seems doubtful that he knows Mr. Maher and thereby can recognize his voice. So how does he know that Maher is making the calls? How can he be certain it is not his son, or a brother, or a father or a friend?
It seems to me that is the most reckless part of it the complaint. I don’t see how it is possible for Brett Kimberlin to pretend he knows for certain who made these calls and I don’t see how the state of Maryland can go along with that. Assuming he is telling the truth—and that means leaving aside the possibility of spoofing the number and the like—it seems like the appropriate next stage is an investigation, not a criminal charge. Has he attempted to enlist the police in such an investigation? Perhaps some intrepid journalist can ask him those kinds of questions.
By the way, if you think my skepticism about the basic truth of this matter is misplaced, I suggest you read here. The man actually attempted to frame me for a crime, and so you will excuse me if I don’t take this convicted violent terrorist, Brett Kimberlin, at his word. Yes, “even a whore can be raped,” to borrow Judge Vaughey’s phrasing, but it does present problems in proving it when it happens.
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 sound 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 donate and help my wife and I in this time of need, please go to this donation page or use the PayPal buttons 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.
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 been 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. As you will see by the time I am done telling my story 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.
Another question: How can Maher violate Maryland law in Florida? Kimberlin seems to have an insurmountable venue problem here. Maryland has no jurisdiction over Maher. This is either a federal matter or a Florida matter.ReplyDelete
Pablo is correct, it seems to me.ReplyDelete
Also, doesn't Maryland law prohibit evidence from those convicted of perjury? If that is the case, it would seem Kimberlin shouldn't even be signing complaints, should he?
Seems to me that BK was projecting, something you'd expect from someone who was having others do his dirty work.ReplyDelete
At least, that how I see it. (Standard IMHO disclaimer applies.)