Pedophile Brett Kimberlin Violates a Domestic Violence Protective Order

And Other Observations From Yesterday’s Protective Order Hearing

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 Kimberlin has been harassing me for over a year, 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.  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.

[Update: Please note that I have removed the first name of Ms. Kimberlin at her request and left only her first initial, “T.” She is, after all, a victim of sexual abuse and those kinds of reasonable requests will be honored.  While the moral right to privacy of rape victims is not absolute, it seems to be reasonably asserted here.]

So yesterday we had yet another hearing, this time T. Kimberlin v. Brett Kimberlin.  She was seeking a temporary protective order based on three things.

First, he had threatened her.  As she said in the Motion to Continue I shared with you yesterday:

Brett Kimberlin has threatened me with physical harm if I should ever seek custody of my children, saying that “you will see what will happen to you” if I tried to lawfully obtain custody.  Given his past as a violent bomber, I take those threats very seriously.

Second, she is seeking a protective order based on his sexual abuse of her.

Third, she is seeking a protective order because he has falsely imprisoned her.  False imprisonment is a special kind of tort that deals with any kind of illegal detainment.  Now, don’t take this as legal advice (because I am not going to explore all the nuances in this area of law), but generally speaking if you cuff a person to the wall (and you aren’t a cop, acting within the scope of your duties), that is unlawful imprisonment.  If you tell a person if they leave the room you will kill them, and then they stay, that is unlawful imprisonment.  And if you go up to a cop and feed that cop a bunch of bull and get a person arrested on false claims, that is false imprisonment.  And of course attentive readers will remember that Brett Kimberlin has twice attempted to get her committed to a mental institution on claims that didn’t even pass the laugh test.

I am proud of T. Kimberlin for the way she stood up for herself yesterday.  I only wish she had a greater chance to do so.

The day before, Judge Simmons made his ruling before T. had a chance to speak on her own behalf.  Yesterday, Judge Sarsfield felt that he shouldn’t issue any ruling in contradiction of Simmons ruling.  So he declared early on that he was only considering whether to prohibit Brett from contacting T., harassing her, etc.  He was not willing to reconsider the temporary order granting custody of the children, which is unfortunate.

Now that might have changed if T. was allowed to present her full case, but for once in his life, Brett Kimberlin did something smart and shut up.  Or more precisely, he consented to the order.  That made the judge rule automatically in her favor, but if the judge had learned that Brett Kimberlin is a pedophile...  I think it is reasonable to suppose he might have decided to overturn Simmons after all.

Judge Sarsfield also recognized that this case needs to be merged with the divorce action T. had filed in Circuit Court.  So he transferred the entire case to the Montgomery County Circuit Court.  As regular readers know, there is a long history of Brett Kimberlin winning in the District Court and getting body slammed in the Circuit Court, particularly in Montgomery County.

This is mainly because Montgomery County District Courts have established a practice of just taking people’s words on things that the rules of evidence don’t normally allow the court to take someone’s word on.  For instance, Brett Kimberlin often can go to District Court and make false claims about what others have written about him and this is accepted as fact.  By comparison, the Circuit Court will demand that he produce the writings, prove that the person accused of writing them actually wrote them and read them for themselves.  So his fabricated claims are exposed as lies, and his attempts to twist people’s words fail.

But there is an additional reason why Kimberlin should be worried.  The judge assigned to the case is Judge Richard Jordan.  If that name sounds vaguely familiar, that is because the same judge was involved in Kimberlin v. Allen.  In that case, Brett Kimberlin sued Seth Allen for calling him a terrorist, a liar, a killer, and (allegedly) a pedophile.  Allen denies ever calling him a pedophile, but in any case, he was being accused of telling the truth about Brett Kimberlin.  Brett Kimberlin is terrorist, known as the Speedway Bomber.  He is a convicted perjurer (see last link).  As for the “killer” claim, Kimberlin was found to be civilly liable for the death of Carl DeLong.  And as for the pedophile accusation that Seth said he didn’t even make, yeah, that’s true, too.

But Seth made the mistake of defaulting on the case and so the court was forced to accept as true all of the allegations in the complaint.  Seth did then show up to contest the issue of damages.  So the only question was how much Kimberlin’s reputation had been hurt.  You can read the transcript of the hearing, here, but for instance Judge Jordan heard Kimberlin complain that Seth Allen “defamed” him by calling him a bomber, a terrorist, etc... and then a few minutes later he heard Kimberlin admit on the stand that he was convicted of bombings.  I didn’t observe the proceedings, but the Circuit Court Judges in Montgomery County are uncommonly sharp people as a rule and I can’t help but think that he picked up that Kimberlin basically sued a man for telling the truth about him and therefore this represented an instance of lawsuit abuse designed to silence someone else.  In any case, Judge Jordan was so unimpressed with the alleged harm to Kimberlin’s reputation he gave him only nominal damages.  To quote from the judge:

I’m going to, because there was a default on the claims themselves, I’m going to award what is considered really14nominal damages of $100.

Normally nominal damages is a court’s way of saying, “you’re right, but you really shouldn’t have bothered with this case.”  But in this case, the judge was making it clear that he was only saying Brett Kimberlin was right because Seth Allen’s prior default.  This suggests—but does not prove—that Judge Jordan didn’t believe that Brett Kimberlin actually had been defamed at all.

And of course in that hearing Brett Kimberlin told several whoppers that might come back to haunt him.  For instance, I don’t want to disclose a certain fact T. Kimberlin told me.  But there was something that happened after Brett was returned to prison, having his parole revoked and Brett Kimberlin famously denied having his parole revoked in front of Judge Jordan.  So if Judge Jordan didn’t known Brett was a liar before, he will by the end of the upcoming hearing.

I might not be on good terms with Seth Allen, but credit where credit is due: once again, Brett Kimberlin might find that his legal abuse of Seth Allen will end up biting him on the keister, in significant part because of Seth's performance at that hearing.

Now, one fact that I didn’t highlight in relation to Monday’s post is that Brett Kimberlin associate Craig Gillette had shown up at Monday’s hearing, but it was not clear why.  He was there again yesterday and the reason why he wasn’t there wasn’t clear until the hearing was over.  Earlier, I saw him making strange and vaguely threatening gestures at John Hoge’s son William.  Then when the temporary protective order was granted, and while they were waiting for a copy of the final order, Gillette left the room at Brett’s behest.

You see this is how they do this sort of thing in Montgomery County District Court.  Both parties are ordered to remain until a copy of the order is given.  Then the petitioner (the one who got the protective order) is allowed to leave while the respondent is required to stay long enough to give the petitioner a chance to get away without further confrontation.  So Brett was required to stay in the courtroom.  But Gillette wasn’t.  So as T. Kimberlin left, Gillette stood slightly in her way and held up a sign that said “perjury.”  Think of the sheer chutzpah of that claim, given who he works for.

But more importantly, dear reader, that is a violation of the protective order.  When a judge tells you not to contact a person, they say “directly or indirectly.”  And indirectly includes getting any third party to contact you on their behalf.  So the ink was not yet dry on the protective order and Brett Kimberlin had already violated it.  And there were multiple witnesses to this event.

Indeed the domestic violence advocate who was helping Ms. Kimberlin immediately got the bailiff.  We didn’t stick around to see what happened, but last I saw the bailiff had him detained but hadn’t cuffed him or anything like that.  It is conceivable that he ended up being arrested, but unlikely.  But who knows what the future might bring?

Finally, although Kimberlin did “shut up” in the sense that he didn’t contest the order, he did run his mouth a great deal before then.  In that he presented his grant conspiracy theory that I have somehow hypnotized T. Kimberlin into seeking justice against him, or something.  Regular readers will recall that previously he claimed that I controlled the entire internet, or at least the right half of it, or something.  He also falsely stated, again, that I had assaulted him, and he falsely stated that I had threatened Judge Jordan and other wild accusations.  I don’t believe any of this improved Brett’s credibility and that was without me having a chance to speak up for myself.

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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.