StarFiles: The Speedway Bombings, Part 2
Building the case against Brett Kimberlin
Or did he?
WHEREFORE, Kimberlin prays that the Court grant the following relief:I am a poor nobody from Massachusetts. I tried to make it down to Maryland, before this thing entered into a default judgement. The default actually should have been reversed, but the presiding Judge Richard E. Jordan is a rookie whose resume shows his specialty is "ambulance chasing." We'll get to Jordan a bit later.
a. Find that Socrates has defamed and libeled Kimberlin.
b. Find that Socrates has harassed and cyber stalked Kimberlin, and violated his privacy.
c. Find that Socrates has interfered with Kimberlin’s business and business relationships.
d. Issue a Cease and Desist Order against Socrates prohibiting him from writing about, contacting, contacting other people about, or having anything to do with Kimberlin.
e. Issue an Order to remove all references to Kimberlin on Socrates’ Google Blogger page.
f. Enter judgment in favor of Kimberlin in the amount of $1,250,000 in compensatory damages.
g. Enter judgment in favor on Kimberlin in the amount of $1,000,000 in punitive damages.
h. Such other and further relief as the Court deems appropriate.
Let's talk causation. A default judgement is basically proof of nothing.
Brett Kimberlin was awarded $100 because of that and a judge who, imho, didn't like me. I'm awaiting a copy of the proceedings. Then we'll be able to get into specifics. I'm not going to go by memory. However, I will point out my opinion that I was clearly the smartest person in the room and proved that Kimberlin was slandering me with his testimony.
Here's what was proven on November 14, 2011.
* There was no defamation or libel
* There was no harassment, cyberstalking, or violation of Bwett's privacy.
* There was no proof I had illegally interfered with his business or associates.
* There are no limits on my blogging. No more than anyone else. I can even repost what was scrubbed. I can write on whomever or whatever I want to. HA!
* I can write the name Brett Kimberlin. He's a public figure.
* Hmmm, what can one get for $100?
Los Angeles Asst. District Attorney Patrick Frey tweeted the following advice.
Ok, here's my plan. To repeat, I'm not going to go by memory. Once we have the audio, then the truth can be published exactly. I will say this. Brett Kimberlin yet again denied having set bombs in Indiana. I think he claimed to have been exonerated, but as part of an agreement, that can't be disclosed publicly. But we need to get his exact testimony from the audio and not rely on what I think I heard.
There's a lot of other incredible stuff to share. But let's do it right. Patience is a virtue.
I done good.
Now let's talk about the judge a bit, then after maybe I can start the process of reposting all the shite google was forced to erase.
His name is Richard E. Jordan.
According to The Office of Governor Martin O'Malley of Maryland, "[Richard E. “Rick” Jordan] specializes in personal injury cases." Hey, let's fill all court vacancies with ambulance chasers. That's the stuff!
Mr. Jordan also served as a prosecutor for Montgomery County. You think he might have a bias against defendants?
I made it to two hearings. Those were a bitch of an undertaking. You can drive for seven or eight hours through toll and pollution infested New York, New Jersey, and Delaware into the fascist center of the American universe, or you can take a ten or eleven hour trek without tolls through beautiful but manured saturated Pennsylvania. Pick your poison. Either way, you end up driving all night, going to a hearing, and then driving all day to get back home to where the constitution gets quite a bit more respect, imho.
For the first hearing I attended, a motion to reverse the default was submitted. I was never actually physically handed the writ of summons. In Maryland, that is considered illegal service.
So Ricky said, to paraphrase, hmmmm, let me check on the law for how to handle this, since the defendant is from out-of-state. He returned and said something like in Massachusetts, a rent-a-cop can leave a summons outside one's home, and that makes it legit.
Legal nerds might want to check out this ruling by the Maryland High Court, who I bet would have accepted my motion to reverse the default judgement.
Maryland High Court Rejects Virginia Service of Process Rule On Maryland Residents
On appeal, the Maryland Court of Appeals, in a 4-3 opinion, reversed and granted the Miserandinos' motion to strike. The court observed that, even though service of process complied with Virginia's method for service, service was not sufficient if that method violated federal due process. The Court of Appeals identified the issue as whether "original service of process by first class mail is constitutionally sufficient to confer in personam jurisdiction over a nonresident individual in a long-arm jurisdiction case." In analyzing that issue, the court balanced the interests of the state against the right of the individuals to due process of law under the Fourteenth Amendment. The court found that there was no Virginia interest present that outweighed or justified resort to what the court regarded as the significantly less certain procedure of first-class mail as a means for notifying a defendant of an action against him -especially in light of the availability of more reliable methods of service, such as hand-delivery or certified mail, as required by Maryland law. Accordingly, the Court of Appeals denied full faith and credit to the Virginia judgment and found the Virginia process rule as it relates to Maryland residents unconstitutional.What a load of bullshit. Judge Jordan has discriminated against me for not being from Maryland. Doesn't our constitution say that all men are created equal? Why is a Maryland citizen protected by the 14th Amendment, while non-residents are not? It's not like Massachusetts has a vested interest in seeing me smeared and slandered by Brett Kimberlin.
But this is what one should expect in a country that discriminates against the poor. There is no free speech in this country. I found two attorneys willing to take my case, but they wanted tens of thousands of dollars to represent.
Last night I was thinking of suing Mr. Jordan, but that will probably be too difficult. My tort against him, imho, would amount to a small court claim. As a public employee, he would be exempt from myself being able to do that. I would love to get him in a situation where he can't browbeat me with threats of arrest for contempt.
Not only is Judge Jordan a former ambulance chaser, imho, he appeared to have a negative disposition towards defendants representing themselves. Well, I didn't have the money to get a lawyer, Rickster.
As for possible future lawsuits I appear justified to file, the people who have libeled and cybersmeared me will probably be scheduled for court dates on my own home turf in Massachusetts. It should be much easier to find pro bono representation as a plaintiff rather than a defendant in a civil case.
I now await the audio which proves I was slandered in Monday's court proceeding. This whole lawsuit in and of itself was libel. I proved that in court. The only reason Kimberlin received 100 clams was because of the default judgement. I wish I had that audio right now. My constitutional rights have been violated. If there's any way to legally address this, I WILL!
Related Reading (hat tip to Liberty Chick):
Law school analysis suggests legal protection for blogger/journalists