This blog is dedicated to the memory of David Weintraub, who took on insidious astroturfers and won.

Wednesday, November 16, 2011

Speedway Bomber Brett Kimberlin Wins Frivolous Lawsuit!

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:

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.

Respectfully submitted,

Brett Kimberlin
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.

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


Anonymous said...

Outstanding victory for the common man against the pernicious forces of soulless, money soaked touches of evil!

The unflagging spirit that once invigorated Amerika (or at least certain MGM movies of the 1930s) still lives!

As long as brave souls like you are willing to stand and take the slings and arrows of the greedy, rotten money grubbers who seek to steal our futures, there is abundant hope yet for us little people...

socrates said...

I just left this post at Patterico's.


When Judge Jordan was giving the verdict, I suddenly became very stoic. What passed through me noggin was total clarity with only a bit of sadness after absorbing so much convolution. Before then, one of my final comments had been made with my looking directly into Brett's eyes and telling him the reason I had written so much on him and related topics. I found it utterly fascinating. I thus went from experiencing that emotion of surreal excitement to one of total detachment. I couldn't care less what the verdict was going to be. I knew the truth.

I learned a lot about Mr. Kimberlin on Monday. It's one thing to read Singer's book or pour through as many resources one is able to find through the net. It is quite another to spend hours observing that person's thinking patterns.

I was shocked that he didn't make something up concerning Lori Grace or any of his other donors. I suddenly had some sympathy for him.

You know, we can only live in the present. I believe Kimberlin actually believes a lot of the things he says.

But not all. I think a long time ago he wrote a script in his mind in order to explain away what happened all those years ago in Speedway, Indiana. I think he rationalises that now he is doing good things; That since he can't change the past, the script is a means by which to continue doing what he sincerely feels is good stuff.

I now don't believe Kimberlin has been the mastermind of the organisations he started. This is admittedly conjecture. There are many others involved with more smarts and gravitas than Kimberlin. Maybe he and they never expected Kimberlin's past to catch up with them.

He mentioned Jeff Cohen.

There are other names. Like Kevin Zeese. Like Cliff Arnebeck.


socrates said...

One of the bad consequences of the lawsuit was that it did put a gag on me. Though, this has always just been a hobby. I never got to having delusions of grandeur that I was coming up with more than I really did. Yeah, I am proud of a lot of my scoops. But I am more of an it is what it is kind of dude than hey look at me, look at what I've come up with, make me king of the zeitgeist.

I always figured if anything I came up with was that good, I'd naturally be rewarded somehow. I tried to be an artist as a blogger. Check that. Not an artist. My educational background taught me research skills.

But now I am taking too many indulgences. It's surreal. It's like in the present, I just want to be a regular guy and objective. But here I am right in the middle. Say the issue of blogger rights does become a mainstream issue, how can this story not be a prime example for discussion?

I got hit on the head for being the messenger of what I messaged or relayed, stuff that was thoroughly documented, stuff that transcends who I am as an individual.

And Brett Kimberlin wants to live in the present also and not be kept down for things that happened 32 years ago. He wants a leg up. He wants to be a good citizen.

I just don't see how he can claim he was exonerated of the bombings, got a settlement, but part of the agreement is it can't be discussed. I can definitely now better understand how he is able to make friends and influence people. I mean, I should be one of the last persons to be feeling any sympathy at all for his current predicament. Yet somehow I do.

Maybe in the course of those three or whatever hours, despite being slandered, I developed a bit of Stockholm Syndrome. Well, not that. It's just that he really believed the default judgement was enough, and that he didn't actually have to prove causation. So many things were put in that he had no proof of. The only thing he did show was that I had influenced his donation stream. But the problem was he couldn't show that I had posted anything false that caused him to lose revenue. If the Judge were to award him big money, he would also have to advise Brett to sue Mark Singer, Time Magazine, Liberty Chick, and on and on and on.

The next step is waiting for the audio. I think Patterico is going to be surprised at how effective a non-lawyer like myself was able to act as my own attorney. There are going to be times when the audio will have to be rewound. I do think there will be plenty of surprises. Now, I was there. I could say some things. But the trip was so exhausting both ways, I do not trust my memory.