Update: McCainalanche, Hogealanche and plus links from BlogBash itself. Plus more retweets and original tweets than I can hope to keep track of. Thank you for all of your attention on this story. Sooner or later justice will come. Do not lose hope. Do not despair. I am confident that every suffering has been according to His plan and His purpose.
Dear reader, I have been mostly
quiet for the last week. It was not
because there was not news, but because a situation had arisen. Namely, Brett Kimberlin had escalated his
conduct to stalking and I wanted to be quiet about it for a number of reasons. For one thing, I have been working with the
police in Maryland and Virginia on the situation and that has consumed a good
chunk of my time. And second, I saw that
in my silence Kimberlin’s allies were saying thing that were getting them deeper
in trouble as you will see in a moment.
On February 28, I went up to
Maryland and watched the hearing between John Hoge and Bill Schmalfeldt. I reported on the hearing, here,
and saw that the judge did indeed consider Mr. Schmalfeldt’s conduct to be harassing,
but because Mr. Hoge didn’t have proof with him that Schmalfeldt had received the
warning to stop, no harassment could be proven at that time. As regular readers know, under Maryland law,
harassment cannot occur until you tell that person to stop. Of course that meant that Schmalfeldt had
lied to the court, but Mr. Hoge couldn’t prove it at that time.
So on March 1, 2012, I drove down
to the Howard County District Courthouse with my wife to file charges and to
seek a peace order against Schmalfeldt.
I came in at about eleven in the morning and they told me to come back
at 1:15 in the afternoon for what was called a temporary peace order
hearing. So we went to have some lunch
and came back about noonish for the long wait before the hearing.
The hearing was to take place in
courtroom five and near the waiting area, there was a large wall of glass. The glass was darker on the outside than on
the inside, so it was not quite one way, but it was much easier to see out than
in. I was returning from the clerk’s
office and my wife was sitting with her back to the glass wall, when I saw
Kimberlin standing right behind her.
How did he end up being
there? The best explanation is that by
then the charges and the peace order had been posted on the Maryland Judiciary
Case Search database. I had even seen
someone tweet about it, and I may have tweeted it since the cat’s was out of
the bag. So apparently he had jumped into
a car and driven right over. Indeed, I learned
after all this happened that he had visited the commissioner’s office and asked
them if there was any way he could persuade them to drop the charges against his "friend” Bill Schmalfeldt. That term, friend, was quoted by the commissioner as the word Kimberlin used. Regular
readers would recognize that as confirmation of what I long believed to be the case:
that Bill Schmalfeldt is Brett Kimberlin’s ally.
At the moment I first saw him, he
was talking on the phone with someone, apparently unaware that my wife was
right in front of him through the wall of glass. I quickly leaned over to her and whispered, “Kimberlin
is here. Go to the car and wait.”
My assumption at that time was
that Kimberlin was there to observe the hearing. He was dressed like a disheveled homeless
man, just like he had been the day before.
He may have even been wearing the same clothes. I figured if he was there to try to intervene—as
he had when I filed a peace order against Neal Rauhauser—he would have shown up
in a suit.
So my wife quickly left and I went
to security. There was no one else in
the waiting area, and I didn’t want to be alone with Kimberlin because of well...
this:
So I informed security of the
situation. They had me sit behind him
and promised when we were closer to the hearing time, there would be a bailiff
in the area. So I waited.
I saw Kimberlin come into the
courthouse as expected but apparently I missed when he slipped out.
I didn't know this at the time, but when Kimberlin arrived, he had parked his car, a gold Toyota Prius, right behind mine. This was almost certainly done on purpose. After all, my car was probably the only car in the parking lot with Virginia tags. My car had pulled in, nose first, into the space. Kimberlin’s prius was across the aisle with the back end of his car facing the back end of our car.
So as he came back towards his
car, he decided to make a detour and started to approach my car as though to
do... something. He came within a foot of it with his hand reached out. We are uncertain of
what his intentions were, but given we are talking about a convicted bomber,
you can draw your own conclusions. My
wife watched this happen from the passenger seat and started emailing and
calling me, trying to get my attention.
But where I was sitting in the building—near the security station—had
terrible reception. So I didn’t get the
calls at all, and the emails didn’t come for a long time.
So Kimberlin approached the car
as if to do something to it. Then he
looked into the passenger side mirror and his eyes locked with my wife’s. He proceeded to go around the car in a
rectangular pattern, sometimes approaching sometimes going away, looking into its
interior and at my wife. Then he walked
away back to his car, which you will remember was right behind ours.
He drove around and then
parked in the space directly facing my wife.
He then lifted his phone and started taking pictures or filming
her. My wife took a picture of him doing
so with her own camera. Then he retreated
to another part of the parking lot to watch.
By then I had read my wife’s
emails and rushed out into the parking lot to investigate. Kimberlin captured pictures or footage of me
coming out, angry and scared for the safety of my wife. He has since published pictures or stills
from it on his website Breitbart Unmasked.
I didn’t know precisely where he was, but I shouted loudly enough to
hear, “Mr. Kimberlin you are now harassing
us and I demand that you stop!” Then
we called the police and around then, Kimberlin left the area.
We explained to the police what
had happened and they informed me that they pulled him over in the area. Kimberlin allegedly told his side of the
story, which I presume includes several lies, and even had the gall to suggest
he would get a peace order against me,
for some bizarre reason.
This of course left my wife
pretty shaken up. Indeed while before
she was reluctant to carry a gun, since this happened she has never appeared in public without one,
to the extent that the law allows her to do so.
She reported to me that Kimberlin smiled as he stalked her, proving once
again he is a creepy old man who gets off on harming women and girls.
My wife was crying almost the
entire time I finally went in to seek my peace order against Schmalfeldt. Indeed even though she was not a witness to
the Schmalfeldt matter, I asked the judge to let her sit at the petitioner’s table so
she could be near me for comfort and the judge allowed it. That probably didn’t help Schmalfeldt’s case
any.
The next Friday, I had to be in
court again because a final peace order hearing was scheduled in the
Schmalfeldt matter, but this time we had contingency plans in place in case
Kimberlin tried something again. I had
already told Kimberlin to stop harassing me, but an acquaintance sent Mr.
Kimberlin an email warning him again and specifically telling him that if he
showed up at a hearing in which he was not a participant, I would consider that
harassment. I didn’t expect that to ward
him off, but it would help to support criminal charges.
John Hoge arrived early as a
potential witness. I expected the
hearing to be continued, but I had to be prepared for anything, and Hoge would
be useful in authenticating the recording from their hearing if I needed that
in evidence. He waited in his car about
an hour early, reading and checking email on his iPad. Meanwhile, I was coming in with my friend
driving. This time I kept my wife far
away and in the presence of several well-armed persons (she herself is a pretty good shot,
more than capable of defending herself).
She would be well-defended if Kimberlin decided to make a move to hurt her. Mr. Hoge observed Kimberlin coming into the
parking lot and driving around it, and then leaving and called me to tell me he
had done that. We arrived close to 1
p.m. and by then Kimberlin had arrived a second time. I saw his face and my friend who was driving found
a place to kind of “hide in plain sight.”
Kimberlin was apparently looking so hard for Virginia tags, he literally
didn’t see us. He then left a few
minutes later. Mr. Hoge captured him on
video doing this and published a still
from the video on the web.
And this is key. Kimberlin didn’t even get out of his
car. So there was no question that he
was only there to stalk me, even after my clear warning telling him not to show
up. He wasn’t pretending to have any
other purpose.
This, of course, isn’t the only
thing he did. He also apparently called
the venue where this year’s blog bash was going to occur, angry at the thought
that I might be there. But I will let
Ali Akbar tell that story.
Anyway, for those who were
curious, as suggested by this
post, the hearing itself ended up being continued and the temporary peace
order was extended until March 22, at which point in time a final peace order
hearing will be held. Mr. Kim showed up
for the defense, again, so despite Schmalfeldt publicly calling him a jerk and saying
he was fired, apparently Schmalfeldt decided that, on balance, Kim was a good
choice to represent him. Lawyers see
that sort of thing happen now and then. I
approached Mr. Kim beforehand and told him I would be amenable to a
continuance. Of course if I had claimed
my mother had died, I am sure Schmalfeldt would ask for her death certificate
just as he did with the daughter Lee Stranahan had lost. But that kind of thing is what separates us
from our opponents: we recognize boundaries and have decency. So I was the one who explained the situation
to the judge and said I would agree to a continuance. Mr. Kim actually said in response to my suggestion
that we continue the hearing, “I couldn’t have said it better myself.”
But there is one more wrinkle
that came out of it. Now, you might have
noticed that today I referred to Breitbart Unmasked as Brett Kimberlin’s
website, instead of saying I suspected
it was. Well, that is because Bill
Schmalfeldt let the cat out of the bag.
Specifically (via Lee Stranahan) he revealed that the
person who took the photographs was none other than “The Watchful Avenger:”
“The Watchful Avenger” is what they
have taken to calling calling this “Breitbart Unmasked” character on Twitter
and the “publisher” of the Breitbart Unmaksed Blog. Schmalfeldt is specifically referring to
photographs of me taken at the courthouse and now you know who took them: Brett
Kimberlin. So Brett Kimberlin owns
Breitbart Unmasked, which unsurprisingly means that he has perjured himself
when claiming he doesn’t blog or use twitter.
Sure, since then Bill Schmalfeldt
has tried to claim it wasn’t what he meant, and so on. But clearly it is published by his “friend” Brett
Kimberlin. Just as Brett Kimberlin used
to pretend he was not associated with Neal Rauhauser until it became obvious,
it is now beyond obvious that Bill Schmalfeldt is working with Brett
Kimberlin. As in, Schmalfeldt is
Kimberlin’s paid employee.
---------------------------------------
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'm glad your wife is ok and that nothing was done to her. I do wonder what he intended to do to your car if she hadn't been in there. It could have been as "harmless" as simply keying it, or slashing the tires to planting something on it that could cause you and yours harm. Either way it again shows that Kimberlin is a dangerous enemy.
ReplyDeleteYou still have my prayers for you and your family. Keep your chin up and your eyes open.
I don't think you should have asked for or offered a continuance on any grounds. Its his problem to ask for it and if he fails to do so or fails to convince the court then he can deal with the repercussions. If asked by the court to agree to a continuance then it is the decent thing to do to concur. He isn't giving out any free rides and you don't get any brownie points for doing so. A continuance means another trip to the court to deal with what should be finished today. A don't see him offering to compensate your additional expenses for additional effort. He has openly mocked you for your pains to be accommodating. I personally would demand receipts ex post facto that he had in fact traveled to Milwaukee to prove his absence upon which the continuance is based. Playing by the rules and playing fair doesn't mean playing soft ball.
ReplyDeleteGood job on acquiring the needful hardware and skills to deal with the possible. Stay sharp. Stay safe.
Kyle Kiernan
Your story sounds awful. I wish you the best and hope you get justice.
ReplyDeleteSending Positive Thoughts Your Way.
ReplyDeleteI do not understand why mainstream journalists are ignoring the story.
Kimberlin and Rauhauser should be in jail.
May God bless and protect you and your wife, Aaron.
ReplyDeleteAs a long-time follower of this issue, I have to say that this is a distinct break from his normal (er, nominal, I should say) method of operation. I'm wondering if he is starting to spiral in an OCD pattern. Take care of you & yours while he's still out there.
ReplyDeleteI guess I have missed a lot in the saga but this, alone, turns my blood cold. This guy is really scary and I agree with Flynnstake that Kimberlin's behavior is escalating. Keep your eyes open and stay safe. No one should have to deal with this and it is just wrong this has continued and enlarged, if you will (other victims). Keeping you and yours in prayer.
ReplyDelete