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

Saturday, December 31, 2011

Motions Filed Against Speedway Bomber Brett Kimberlin


http://assets0.indy.com/photos/410491/default.jpg

Montgomery County Circuit Court
Case # 339254-V

Brett Kimberlin Vs. Prepostericity, socrates, DFQ2

Certificate of Service

I HEREBY CERTIFY that on this day December 31, 2011 a copy of the documents entitled

1) MOTION TO DISMISS CASE #339254-V AND REPORT BRETT KIMBERLIN TO PROPER AUTHORITIES FOR COMMITTING PERJURY TO THIS COURT

2) MOTION TO ALLOW DEFENDANT TO TESTIFY TELEPHONICALLY AT THE 01/09/2012 HEARING SCHEDULED FOR 10:00 A.M.

3) MOTION TO DISMISS ALL NEW KIMBERLIN CLAIMS BASED ON MY NEVER BEING LEGALLY SERVED FOR THIS HEARING

4) MOTION TO REVERSE DEFAULT JUDGEMENT, DISMISS CASE AS FRIVOLOUS, AND AWARD DEFENDANT [ME] $100,000 OR ANY AMOUNT THIS COURT DEEMS APPROPRIATE.

5) MOTION TO DECLARE BRETT KIMBERLIN AS A PUBLIC FIGURE RATHER THAN PRIVATE CITIZEN

were mailed, postage prepaid (3 day receipt U.S. Postal Service) to:

Brett Kimberlin (aka The Speedway Bomber)
[redacted]
Cabin John, Maryland 20818

December 31, 2011 ....... X
Date ....................... Signature

__________________________________________

Mr. [Me] B.A., M.A., M.Ed
[redacted address]

concerning: case # 339254-V
Speedway Bomber Vs. Mr. Wonderful (yet humble leftier than thou)

MOTION TO DISMISS CASE #339254-V AND REPORT BRETT KIMBERLIN TO PROPER AUTHORITIES FOR COMMITTING PERJURY TO THIS COURT

Brett Kimberlin's hands are not clean. On November 14th, he committed perjury. Since he has consistently lied to this court, anything he offers cannot be taken at face value as factual.

The November court audio is proof that Brett Kimberlin has provided no evidence I defamed him through blogging, cyberstalked him, or interfered with his business. He was awarded a token $100 by Judge Jordan based solely on the fact that this case entered into default. Brett Kimberlin was asked repeatedly by Judge Jordan and the Defendant for even a scintilla of proof for damages claimed to totalling $2.25 million.

Here's one example which displayed the degree of nonsense this jailhouse attorney was proffering as evidence for my liability:

Brett Kimberlin, a.k.a. the Speedway Bomber, testified under oath that I had said, to paraphrase, Jews are the scourge of the Earth. I asked for evidence. None was provided, because I would never say such a thing. In fact, I informed Judge Jordan I am Jewish.

Brett Kimberlin Committed Perjury

I would need extra time to fully document the vast number of lies Brett Kimberlin has provided this court. I will stick to three. While it is rare for someone to be charged with perjury in a civil case, I humbly ask this court to consider that Brett Kimberlin's outrageous lies directly pertained to the core of his frivolous lawsuit. The following three examples are from the November 14th hearing.

1) Mr. Kimberlin has argued that part of my alleged defamation has had to do with my blogging on his criminal past, most specifically with his having been convicted of domestic terrorism. For proof that he perjured himself on November 14th, see Kimberlin v. White, 7 F.3d 527, 528-29 (6th Cir. 1993), Kimberlin v. DeLong, 637 N.E.2d 121 (Ind., 1994), and Kimberlin v. DeWalt, 12 F.Supp.2d 487 (D. Md., 1998). The question I asked below is 100% the truth! And Brett Kimberlin had the nerve to unequivocally lie to this court.

Me: Were you released and then sent back to prison for a parole violation, for failure to pay compensation to the, Mrs. DeLong, the wife of Carl DeLong, who took his own life after those bombs tore off half his body?

Speedway Bomber: No, I wasn’t.

2) The Plaintiff also lied on November 14th when he claimed he was never a suspect in the murder of Julia Scyphers.

Me: You’re saying you weren’t a suspect in the murder of Julia Scyphers?

Speedway Bomber: I was never a suspect, no.

The following excerpt from respected journalist Mark Singer's book, Citizen K: The Deeply Weird American Journey of Brett Kimberlin (1996), page 98, clearly shows that Brett Kimberlin was well aware he was a prime suspect in that murder investigation.
Early that afternoon, [Brett] Kimberlin went downtown to meet with Forrest Bowman. Along the way, he said, he passed a newspaper vending machine and saw the Indianapolis News's proclamation BOMBING SUSPECT IS LINKED TO MURDER.

"I saw this headline about the bombing investigation and I bought a newspaper and started reading it," he told me [reporter Mark Singer]. "I think: Oh, this might be interesting. And then I read the first couple of paragraphs--about a Broad Ripple business man--and I realize they're talking about me and I'm just floored."
From StarFiles: The Speedway Bombings, Part 2, The Indianapolis Star, October 6, 2010:
When police began looking for a motive in the Scyphers slaying, they found there'd been a recent family clash. Julia Scyphers' daughter, Sandra Barton, had become involved with a man who seemed to Mrs. Scyphers to be inordinately close to one of Barton's young daughters. Mrs. Scyphers told friends she was so concerned that she'd arranged for both of her granddaughters to come live with her. Whether or not Mrs. Scyphers' fears were correct (no charges were ever filed to that effect), this incident led investigators to start looking at Brett C. Kimberlin.
I humbly ask this court to look closely at MOTION TO QUASH SUBPOENAS OF GOOGLE.COM AND COMCAST AND OPPOSITION TO MOTION TO COMPEL GOOGLE.COM AND/OR ITS SUBSIDIARY BLOGGER.COM TO DISCLOSE THE IDENTITY AND ADDRESS OF BLOGGER WHO USES THE PSEUDONYM AARON WORTHING. Mr. Worthing is a Washington attorney who has been dragged into this case through other Kimberlin lies. He is exponentially more qualified than myself for conducting himself in litigation processes and has covered these three instances of Brett Kimberlin deliberately making claims that are untrue. Kimberlin may have pulled the wool over Judge Jordan's eyes, but I am hopeful the new Judge in this reopened case will take a close look at exactly what Mr. Kimberlin has been up to.

3) Kimberlin claimed on November 14th to this very court that he was exonerated for the Speedway, Indiana bombings.

Me: You deny setting the bombs that you were convicted of?

Speedway Bomber: Absolutely. Absolutely.

Me: And you admit you weren’t exonerated?

Speedy: Judge, Mr. [Me] –

Judge: Just answer the question, because--

Speedy: Mr. [Me] is trying to get into a, a lawsuit that was filed against the Department of Justice. It was settled under a confidentiality agreement, and I, I’m not gonna discuss it. And I’m going to object.

Judge: What was your question? Whether he contended he was a political prisoner?

Me: Um, well I don’t know how I can speak without getting into me testifying.

Judge: OK.

Me: But there is something that I wanted to, that I’m trying to get at. I, I, would like to do just a few examples. I don’t want to overburden –

Judge: Sounds like you’re asking him about a case that is subject to a confidentiality agreement. And so why don’t you move on to something else?

While Judge Jordan was mystifying in how he took Kimberlin's outrageous claim at face value, the following testimony by Brett Kimberlin clearly showed he has been misleading this court. Or perhaps he can provide proof in Judge's chamber he was exonerated for the Speedway bombings, yet due to an agreement, he can't discuss the details. Maybe Mr. Kimberlin also knows where we can purchase some swampland.

Speedy: And he talks about, you know, I haven’t been exonerated, well he doesn’t know what happened with the Justice Department lawsuit. He doesn’t know. And, but he goes out and says “I know that he’s never been exonerated” and all this stuff. Well, I’m not getting into that here. You know? But I can tell you for a fact and everybody here, I’m not on parole. I had a 50-year sentence. I’m no longer serving that sentence. So something happened. And that’s as far as I’m going to go with that.

This case closed on November 14th. I was ready to accept its conclusion. Now that serial fabulist Brett Kimberlin has reopened it and furthermore is attempting to have me imprisoned, I say enough is enough!

Since Brett Kimberlin has lied to this court pertaining to this case, I ask that this frivolous action be ended once and for all in regards to myself. I have not lied to this court. My biggest sin was not showing up on time to prevent a default judgement. I humbly request this court dismiss the injunction made by Judge Jordan after the November 14th hearing. I also request in light of Mr. Kimberlin's perpetual prevaricating, that the judgement of $100 be reduced to $1, and that paying Kimberlin's court costs be dismissed as a legal obligation on my part.

I further request, due to Kimberlin's lack of proving any damages on November 14th, that I be allowed to repost blog entries the court had previously ordered deleted due to the default judgement. I have never defamed, cyberstalked, nor interfered with Mr. Kimberlin's business. That Judge Jordan awarded him a token $100 instead of $2.25 million speaks volumes as to the validity of this lawsuit. I deeply apologise for having let this case fall into default. That was my one and only sin. Thank you for your time and consideration.


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MOTION TO ALLOW DEFENDANT TO TESTIFY TELEPHONICALLY AT THE 01/09/2012 HEARING SCHEDULED FOR 10:00 A.M.

I cannot afford to make it to this next hearing. In fact, due to being poor, that is why I was unable to stop this case from falling into default.

I humbly ask this court to allow me to telephonically represent myself at the next hearing. Thanks for your time and consideration.

MOTION TO DISMISS ALL NEW KIMBERLIN CLAIMS BASED ON MY NEVER BEING LEGALLY SERVED FOR THIS HEARING

According to docket #103 dated 12/09/2011, "COPY OF ORDER ISSUED FOR PERSONAL SERVICE TO BE SERVED UPON [Me] ON OR BEFORE DECEMBER 20, 2011 AND MAILED TO PLAINTIFF."

I only know of this hearing due to word of mouth. I was never served any papers on or before December 20, 2011. Thanks for your time and consideration.

MOTION TO REVERSE DEFAULT JUDGEMENT, DISMISS CASE AS FRIVOLOUS, AND AWARD DEFENDANT [ME] $100,000 OR ANY AMOUNT THIS COURT DEEMS APPROPRIATE.

I am truly sorry this case fell into default. Nonetheless, there are a few extenuating circumstances which I humbly believe legally bound this court to reverse the default judgement.

The original service was in fact not legal.

.... (a) Service laws are profoundly different between Maryland and Massachusetts. In your state, a defendant has to be physically served or sign for the summons through accepting certified mail. Massachusetts allows for a constable or other such legally eligible person to merely affix the writ of summons to the outside of one's residence.

Fair enough. However, I wish to point out to this court that if you are going to base the legality of Kimberlin's original service on Massachusetts' law, you have no legal alternative than to reverse the default judgement.

The following is from number 4 for Massachusetts Rules of Civil Procedure:
Same: Form.
The summons shall bear the signature or facsimile signature of the clerk; be under the seal of the court; be in the name of the Commonwealth of Massachusetts; bear teste of the first justice of the court to which it shall be returnable who is not a party....
In short, the writ of summons was not in the name of the Commonwealth of Massachusetts. Thus, I was never legally served according to Massachusetts' law.

.... (b) Furthermore, I sincerely believe your court is legally bound to quash the writ's legal standing due to both Maryland's High Court and the U.S. Constitution!

See http://library.findlaw.com/2000/Feb/1/129013.html
Maryland High Court Rejects Virginia Service of Process Rule On Maryland Residents

In that case, your High Court rejected Virginia's service of process and quashed a writ's legality. They ruled that Virginia's service law is unconstitutional and breaks the 14th amendment guaranteeing due process. Furthermore, the High Court found that Virginia had no vested interest in the referenced case.

Thus, the only way you can rule Kimberlin's service of writ of summons was legal is to deny me of my 14th Amendment rights simply due to my being from another state. The U.S. Constitution clearly states that all men [and women] are created equal.

Furthermore, Massachusetts clearly has no vested interest in these proceedings. As for the so-called murder threat, I was never asked by anyone in my state to appear in court. That's because there was never a death threat made against the Speedway Bomber and perjurer, Brett Coleman Kimberlin.

Brett Kimberlin was afforded a three hour hearing on November 14th in which to prove damages. Not only did he not do so, he made many false claims and outright perjured himself. The evidence is in the November 14th court audio.

Since it should now be clear to this court that indeed Brett Kimberlin has been lying to you, and that this case is in actuality frivolous, should the court reverse the default judgement, I humbly ask for an immediate dismissal of all parts of this case, that Brett Kimberlin be investigated for perjury, and that I be awarded $100,000 for pain and suffering caused by this unfortunate situation.

Brett Kimberlin is what is referred to as a jailhouse attorney. He has filed over 100 lawsuits. He does not have any law degrees.

Brett Kimberlin sued me because I wrote unpleasant truths about him. Since he was unable to prove one iota that I committed a tort, I humbly believe that this has been a bald-faced attempt by Mr. Kimberlin to terrorise me and to put a gag on my constitutional 1st amendment rights to freedom of speech and expression. I didn't libel, defame, cyberstalk, or interfere with any of his business. I beg from the bottom of my heart that this court weigh all the evidence and lack of such and rule as this motion has requested. Thanks for your time and consideration.

MOTION TO DECLARE BRETT KIMBERLIN AS A PUBLIC FIGURE RATHER THAN PRIVATE CITIZEN

I filed motions for the November 14th hearing. It doesn't appear that Judge Jordan ever ruled on the MOTION TO CLASSIFY BRETT KIMBERLIN AS A PUBLIC FIGURE. I clearly proved with supplied documention that Mr. Kimberlin is indeed a public figure. I needn't remind this court that the bar for proving defamation and libel against a public figure is much higher than for that against private citizens. Since Kimberlin has displayed a propensity for filing lawsuits, declaring him as a public figure could encourage him to think twice before ever again wasting a court's time while smearing a private citizen, merely because he doesn't want unpleasant truths about himself made known to the public. Thanks for your time and consideration.

3 comments:

socrates said...

Donkeytale has posted The Troll Wars, Part IV [UPDATED!] [TWICE!!].

dustin said...

You're right. I don't see how this isn't plain to anyone reading the motions.

The legal system shouldn't be abused so con artists can squash critics like bugs, either.

socrates said...

Thanks for the post.

One reason I think Brynaert could be a paid fake is because he's merely distracting attention from understanding easy facts and context.

Of course someone would try to make it seem they are not working with Rauhauser, even if they are (see qritiq too). It's often claimed the best disinfo contains 80-90% truth. Perhaps the bottom line is they don't make paid internet fakes like they used to.