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

Thursday, January 12, 2012

Kimberlin Versus Socrates: The Thrilla In Vanilla November 14th, 2011 (Part 1)




On November 14th, 2011 at 9:48 a.m., the court babe introduced case #339254-V.

For the record, Judge Jordan asked each of us to state we were present. Kimberlin said, "Yes, Sir." I had my game face on from the get-go and simply said, "Yes." I wasn't there to kiss Jordan's ass. I was there to win, baby.

The raison d'etre was simple. The case had fallen into default, and the point was to figure out damages. Brett Kimberlin was asking for $2.25 million. He was awarded a token $100 only because of the default judgement.

He received $99 too much, and that will become clear to ye after finishing this eight part series covering approximately two and a half hours of court stuff.

Kimberlin's Claims For Damages Statement

BK: Once Google [deleted his "offending, defamatory posts"], Mr. [Socrates] posted on his blog that people could find the offending posts by going to google cache. And that he had made copies of all the posts, and he planned on putting them up on a later date or putting them in some other fashion. He went on other websites and posted about donors, funders. I run two non-profit organisations here in town. One is called Justice Through Music.



We work with famous bands and artists and get young people involved with voting and social issues. Mr. [Socrates] contacted directly one of the funders of Justice Through Music via email and told her that I was a fraudster and a criminal and not to fund us any more. He's intentionally posted things on the blogs, he's said because he wants to kill my organisations.


Kimberlin did not supply any proof of that. He believed the default judgement was all that was needed to prove he should be awarded $2.25 million. Here is the email sent to Lori Grace provided by me for ye.

From: socrates [redacted email address]
Subject: Dear Lori Grace
To: [redacted email address]
Date: Monday, October 11, 2010, 3:36 AM

Dear Lori Grace, I am curious if you are aware of Brett Kimberlin's criminal past and propensity for making things up. The Michael Connell story is not true as Velvet Revolution has portrayed it. VR has never come up with one conviction for election fraud despite all the money it appears to have raked in. Would you mind telling me how much you have donated to Brett Kimberlin over the years through VR and any other organisations he has run? I can tell you're a very sweet lady, and I can't think of any other explanation than you've been conned out of money by Brett Kimberlin. Thanks for your time and consideration.
related link
Also, he's sent people threatening emails that he wants to murder me. So the punitive damages are I think warranted in this case. He won't stop....

In fact, he said that he intends to repost and post more. And he says that he has to get the truth out about me, that I'm a pedophile, that I'm a fraudster, that I'm a murderer, that I'm a bomber, that I'm a terrorist. That I'm all these terrible things.

I run two non-profits here in town. I have a wife. I have two kids.... I work with Congress members every single day of the week, and I have to deal with this crap. Where people go online every day and see Brett Kimberlin is a terrorist; Brett Kimberlin is a murderer; Brett Kimberilin is a pedophile; The punitive damages are incredible.

After the last court hearing here, I went over and got a peace order. The Judge ordered a peace order against him. And what does he do? He continues piling on. He doesn't stop....

And he says oh I'm insane. I've got problems. I'm mental. You know, all this. I'm autistic. I'm Asperger's. I'm, you know, whatever.

But that's not my problem. These are damages that I'm facing every single day. I've lost grants... from the Endowment from Democracy downtown because of this guy. ... from the State Department because of this guy...

[Judge Jordan interjects to look at Kimberlin's memo.]

A policeman enters the court room and sits behind me.

Socrates: Am I being arrested?
Judge Jordan: No.

....

Judge Jordan: Mr. Kimberlin, at this point in time we're on damages, It is your burden of proof to prove damages. So, I suspect that what you want to do is testify or do you have witnesses to testify about harm to... [Kimberlin interrupts]

BK: I have documents. I have witnesses. I mean, I don't have witnesses. I have myself...

Jordan: Okay. Why don't you come on to the witness stand, and we'll swear you in and hear what you have to say.

Kimberlin goes to the witness stand and is sworn in (to tell the whole truth and nothing but the truth or face penalties of perjury).

Jordan: Mr Kimberlin, what would be helpful to the court in deciding damages would be to know what statements were made for which you are seeking damages; What the actual damages are to any loss of finances, damage to reputation, etc..

BK: There were four, I think, four counts in the complaint. Interference with business. Defamation. Harassment. Maybe stalking. So the judgement is in favour of all those.

Mr. [Socrates] has been on a three year campaign to destroy my business, my reputation, my partner's reputation. Brad Friedman is my partner, business partner out in California. And we have a non-profit we work on together.

And Mr. [Socrates] took it upon himself to decide that we were fraudsters and criminals and pedophiles and murderers. And my partner is Jewish, and he made a post that Jews are the scourge of the Earth. And that Jews should die in the ovens. And he has called me a pedophile a murderer, a fraudster, a con man, a terrorist. I mean the list goes on.

excerpts from ABSTRACT: A REPORTER AT LARGE- UNFINISHED BUSINESS
by Mark Singer October 7, 1996 link




Writer completed and published a story on the eve of the last Presidential election, in which Kimberlin was described as an unlikely American political prisoner. The writer stands by this story, but also goes more into depth about why Kimberlin was in prison in the first place, and what it was he did to get there...

He had been sentenced to serve 50 years and had served 15...

He signed a contract to write a book about Kimberlin's life. He agreed to cooperate, and in exchange he would receive a share of the book's royalties. This venture was predicated on the idea that there was a richer story to tell than the one I had previously told. Looking back, I think we both assumed that we had the same story in mind--an assumption that now strikes me as both conspiratorial and naive...

Tells about his career, beginning at 15, as a marijuana dealer...

Tells how he was implicated by police in the murder of Julia Scyphers; her granddaughter, then aged 9-12 accompanied Kimberlin alone on vacations...

Police theorized that Kimberlin had her murdered in order to stop her from blowing the whistle on his drug smuggling and relationship with her granddaughter...

Tells about a string of bombings which perplexed the Scyphers's area directly after the murder & which were later tied to Kimberlin...

Kimberlin meanwhile was arrested on a marijuana smuggling charge & later convicted of the bombing spree as well as attempting to forge the Great Seal of the President of the United States...

Tells about his time in prison as a model prisoner and a jailhouse lawyer...

Tells how Kimberlin fought the bombing case all the way to the Supreme Court...

Describes how Kimberlin claimed to have sold marijuana to Vice-Presidential candidate Dan Quayle while in prison...

Tells about the opinions of people writer spoke to who described Kimberlin as a psycho....

Writer started a new file called "megalomania," which included some of the things that he was picking up: that Kimberlin regarded the police as idiots; that, just before the Gulf War, be became convinced that his own interventions with the Iraqis could bring Saddam Hussein to his senses; that he grew irritated with Vincent Foster, Jr., when he committed suicide, because it might keep the Clinton Administration from focusing on his own case...

Tells about Kimberlin's attempt to become a pop icon...

Writer grew weary of Kimberlin's narcissism...

Tells about Kimberlin meeting Dan Quayle at a book signing...

Writer's original story was an account of an individual's civil rights abused by politicians and bureaucrats who were protecting their interests. I still stand by the essentials of that story. But the injustices it describes must stand alongside the history of injustices I kept discovering of law, of humanity, of life: injustices that dwarfed this little man's original complaints. And that story is true, too.
Jordan: What I need, though, right now you are giving me conclusions, and I need hard facts.

BK: You mean, as far as the- When you say hard facts, you mean? [Jordan interrupts]

Jordan: Yup, I mean, you're saying he said this, where are the statements we're talking...? [Kimberlin interrupts]

BK: [inaudible] are on his blog. These were the, I mean not just on his blog. But these were the statements that or the post that the Court ordered Mr. [Socrates] to remove from his blog which were already [inaudible] in August.

Jordan: What are the posts? I'm just hearing....

to be continued.

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