IN THE DISTRICT COURT FOR MONTGOMERY COUNTY, MARYLAND

------------------------------x : BRETT KIMBERLIN, : : Plaintiff, : : v. : : AARON WALKER, : : Defendant. : : ------------------------------x

Case No. 0601SP005392012

HEARING

Rockville, Maryland

February 8, 2012

DEPOSITION SERVICES, INC. 12321 Middlebrook Road, Suite 210 Germantown, MD 20874 (301) 881-3344

IN THE DISTRICT COURT FOR MONTGOMERY COUNTY, MARYLAND

------------------------------x : BRETT KIMBERLIN, : : Plaintiff, : : v. : : AARON WALKER, : : Defendant. : : ------------------------------x

Case No. 0601SP005392012

Rockville, Maryland February 8, 2012

WHEREUPON, the proceedings in the above-entitled matter commenced BEFORE: THE HONORABLE GARY G. EVERNGAM, JUDGE

APPEARANCES: FOR THE PETITIONER: BRETT KIMBERLIN, Pro Se (No address provided.) FOR THE RESPONDENT: AARON WALKER, Pro Se (No address provided.)

DEPOSITION SERVICES, INC.

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WITNESSES For the Petitioner: Brett Kimberlin For the Respondent: Aaron Walker James Johnson Bruce Sherman Rebuttal for the Petitioner: Brett Kimberlin Surrebuttal for the Respondent: Aaron Walker

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Judge's Ruling

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th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apologize. the -MR. SOLOMON: THE COURT: MR. SOLOMON: THE COURT: (Recess) MR. KIMBERLIN: Just a second, Your Honor. Sorry. I Thats all right, Your Honor. Just have a seat and -Thank you, sir. Okay. hearing? MR. KIMBERLIN: THE COURT: Yes. v. Walker. THE COURT: P R O C E E D I N G S Now Kimberlin -- okay.

This is Kimberlin

I know who the parties are. Okay.

Youre the petitioner

and youre the respondent. Okay.

I take it this is going to be a contested

Well, theres a motion for discovery and Is that what you filed?

to continue the peace order. MR. KIMBERLIN: MR. WALKER: THE COURT:

I didnt file that.

I filed that, Your Honor. All right. Okay. Well, I see Lieutenant

Colonel Sherman, who is here at the request of your subpoena. Im not inclined to continue this case. well have a hearing and Ill -MR. WALKER: THE COURT: All right. -- look at it more closely when I get to Were going to --

I have the document malfunction, if you will.

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q need to get the rest of it. THE COURT: All right.

Everybodys -- theres more?

Each of you raise you right hand. I understand were having a hearing. BRETT KIMBERLIN the petitioner, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY THE COURT: All right. Mr. Kimberlin, state your name.

Brett Kimberlin. All right, Mr. Kimberlin, youre filing for a peace

order against Mr. Walker? A Q Yes, sir. Okay. Is it for something which has occurred within

30 days of January 9th? A Q A Yes, it is. All right. Tell me why youre seeking a peace order.

I have another peace order against a man named Seth Its a final peace order. Mr. Walker --

Allen in this court. Q A Q A

Well, I want to know why you want a peace order -Yes, I understand --- against Mr. --- but theyre kind of related. So, Mr. Walker has a

relationship with Mr. Allen and it revolves around the civil

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there. suit that I have in Circuit Court. favor.

6 The case was resolved in my

The judge issued judgment in my favor and a

permanent -Q A Q A And its against -Mr. Seth Allen. -- Mr. Walker? No, against Mr. Allen. And issued a permanent

injunction against Mr. Allen prohibiting him from interfering with my business or defaming me. Mr. Allen violated that order

by continuing to defame me and interfering with my business. I filed a motion for contempt in that court over I sought Mr. Walker as a witness. At the time Mr.

Walker was going under a pseudonym, Aaron Worthing, and so I asked the court to identify him as who he really is. Hes an

attorney and he was representing or appearing to represent Mr. Allen using a pseudonym. So, I asked for his real identity and a couple days before the hearing on January 9th in front of Judge Rupp, I learned of his real identity. the subpoenas and the motion -Q Im not following you, real identities, subpoenas, So I filed a motion to dismiss

explain to me -A I filed subpoenas to identify who he really was

because he said that he was an attorney and, but he was using a pseudonym. And so two, a couple days before the hearing, I

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said Ive already learned his identity, I dont need the

motions for Comcast and Google and all these other places where I could get his information. And he came into court on the

January 9th hearing in front of Judge Rupp and the judge ruled that there was no contempt of Mr. Allen, but at the same time Mr. Walker kept interfering with the case and the judge finally told him, listen, Mr. Walker, I will get a sheriff here and remove you from the courtroom if you keep interfering with this case, because he had never filed an appearance in the case. -- and I have those transcripts here if you want to see them. But so as we were exiting the courtroom on the 9th floor, Courtroom 5, I believe, we walked out of the courtroom and hes screaming at me and telling me that hes going to continue harassing me. And as we got outside the door, right I picked up my He decked me in So

outside the courtroom, he began lunging at me. iPad and took a picture of him lunging at me. the eye and wrestled with me.

A man that followed us out of the courtroom raced back into the courtroom and told two people that were working for Judge Rupp that he was attacking me and attacking me. came out and told him to get off of me and they called the police. Nine police came up to the -- or, sheriffs came up He had my iPad in his hand at the They

there and separated him.

time and refused to give it back. The sheriff went over and took the iPad away from him

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and told me to come down and press charges against him. I

pressed charges against him for second-degree assault and I also got this peace order. At that time, the judge in the

temporary peace order case told him not to harass me and not to bother me or do anything. And since then hes filed a charge against me for filing a false criminal charge against him for attacking me. Hes filed a $66 million lawsuit against me in Virginia. He

filed the peace order against Neil Rothauser (phonetic sp.) and had them come out to my house. tweets about me. Q A Q A Q A Q A Q A and on. He has -Hes posted scores or dozens of

Do you have the tweets? -- you know, he, it goes on and -Do you have the tweets, sir? Yes, sir. How do you know theyre from him? Excuse me? How do you know theyre from him? Oh, its got his name on it. Oh. But hes -- so here are the tweets, I mean just on And he posted a post just Saturday where he asked,

where he says to, in a post on his own blog he says, If you help this man, me, Or his co-conspirators, then you are aiding and abetting. If you donate to his non-profits, and I

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

9 run two non-profits in town here, Maybe they do a lot of good work, but you are also helping to support this piece of human filth, thats what he calls me, Who probably should never been set free in the first place. I was, I was charged with a crime 33 years ago. was released from prison. Ive done my time. I

I run two non-

profits here in town and I work with community leaders, congressional, Congress members, and all that stuff. And then he goes on to tell these people in the Post, Oh, by the way, if you do more than aide, if you cross the line and become a co-conspirator, then youre just as liable for any civil or criminal consequences as Mr. Kimberlin. Any

time you enter into conspiracy, each participant is equally guilty of all crimes, civil wrongs committed by each member. And while I cannot give you legal advice, I can tell you definitely that you want to talk to a lawyer. So hes telling people that anybody who donates to my non-profit is going to be, hes going to charge them with conspiracy. And hes filed this $66 million, $66 million

frivolous lawsuit against me on the 30th, on the very day that he filed that frivolous complaint against Mr. Rothauser and used my address, and on the civil suit he says Mr. Rothauser is living in Illinois. So hes, you know, hes been harassing me constantly. He throws this criminal case that I was convicted of 33 years

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ago in my face constantly.

10 Every post that hes made about me,

you know, he calls me a perjurer, a convicted terrorist, you know? He says, Brett Kimberlin, convicted terrorist and He goes on and on every time. Im

perjurer, you know.

He told people, he says, Tune in at 10 oclock.

going to post all the stuff from Judge Rupps courtroom on my blog and get out the popcorn and read it, you know? And so

its been constant, constant harassment by this guy, you know? He has not let me live my life in peace. You know, Judge Rupp ran him out of the courtroom and he was so angry, he went into a complete rage. I ended up in I

Suburban Hospital, you know, for six hours that night. got -- heres a picture of him with his hand coming down

towards me to whack me in the face that I took from my iPad. Heres pictures of me with my black eye. Ive got medical

reports from the hospital from January 9th where he attacked me. You know, its just outrageous. He sends the police over

to my house to serve Neil Rothauser when my daughter is being tutored upstairs with a teacher from school. its unbelievable. And the reason this all comes out, Im going to get to the basis for this whole thing, I run a non-profit and we support reconciliation between Muslims and Christians and we work with a lot of Muslim organizations overseas. The State You know, I mean,

Department sends Muslim activists over here from Egypt and

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mohammed. Tunisia and Iran and stuff like that. bunch of activists from Iran and Egypt.

11 Thats me with a whole I run this thing Weve, you

called Iran, Free Iran Now with the Green Movement. know, Ive done tons of work with Muslims overseas.

And Mr. Walker has a blog called, Everyone Draw Everyone Draw Mohammed, its a blog to insult the

prophet Mohammed and he ran this blog under his fake name, Aaron Worthing, and this blog has over 800, as he says, 800 depictions of the prophet Mohammed in various terrible depictions of having, having the prophet having sex with goats and pigs and having the prophet Mohammed carrying shoe bombs and -Q A All right. Well -And so he doesnt like the fact

-- things like that.

that I work with moderate Muslims to have reconciliation, and so he takes what I have done and he throws this criminal charge of mine over and over and over in my face. Im a terrorist. Im this. Im that. Im a perjurer.

I mean the motions he files with the court, the very first paragraph is, Mr. Kimberlin has been convicted of this. Yes, I was convicted, yes. So what? You know, Ive been You know, Ive been in the Ive been all over

running a non-profit for 10 years. State Department. the place. THE COURT:

Ive been in Congress.

Excuse me, sir, do you have any other

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A witnesses you want the Court to hear from? THE WITNESS: THE COURT: THE WITNESS: I did give you the medical, right? You did. Okay. So my point is that I want to

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be, I want to stop being harassed by this man that has attacked me. Theres criminal charges against him and the police came

and -THE COURT: THE WITNESS: THE COURT: Sir, my question was -Yes? -- do you have any other witnesses you

would like the Court to hear from? THE WITNESS: evidence is sufficient. AARON WALKER the respondent, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY THE COURT: Okay. What would you like to say, Mr. Walker? No, I dont. I think the documentary

Well, first off, Your Honor, Id like you to consider I have never in my life --

my character. Q

Sir, before we even get to character, I need to get

to the facts. A Okay, Your Honor. This man is a convicted perjurer.

He has indeed in this court right now just a few seconds ago

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 once. told numerous lies. convicted of a crime. him. He, for example, said that he was

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He has 35 counts conservatively against

He has been convicted of setting eight bombs in six days He has been convicted of conspiracy to Hes been convicted of

in Speedway, Indiana.

distribute 10,000 pounds of marijuana.

perjury and he comes here to this court and says I was convicted of a crime? about everything. prior to this -Q and -A Q Right. Right. Okay. First, Your Honor, what he -He said you attacked Well, why dont we get to the, what he said about you This is the character of him. He lies He,

He constantly lies about everything.

He said you wrote these blogs.

him over in the Circuit Court. A Yeah. I did not, I did not physically touch him I knew that he was a

This is what happened that day.

convicted terrorist.

I knew that he was a convicted bomber.

We were, I was, I was, frankly, cross-examining him live in front of, right there after the hearing. him to make damaging admissions and I did. I was trying to get I got him to admit

that his entire process of attempting to obtain my real identity was a sham. And at that point he stepped back, and now as he admits, broke court rules by attempting to take a photograph of me with his iPad. And I saw him go to do this, and I didnt

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

14 know what he was doing and I had a split second to think, Your Honor, and I didnt know if this convicted bomber had a bomb inside of the device, had who knows what inside of the thing. So I had a split second to think and I reached down and I grabbed the iPad from him and I peaceably held it away from him, and that is all I did. I did not deck him. on his body. I did not lay one single finger

Everything, all these photographs, they are lies. I dont know if he

I dont know what he has done specifically.

is sociopathic enough that somebody had beaten him up to produce the evidence or what. What we can show you -- I have

Deputy James Johnson here and he will, I believe, testify that the man had no visible marks, he did not say at the time that he was struck, and he did not see any sign that he had been struck. Q A Q A Why dont you call a witness then, if you wish -Well --- after you tell me what you want to tell me. Right. So, all I had done that day, Your Honor, is,

you know, I literally took the iPad from him, I surprised him so much it wasnt that difficult to do, frankly, and then I held it one way, you know, the other way -- its kind of like kids on the playground, honestly, Your Honor. I just held it above me, and that is all I did. touch his person one single time. And then finally And I did not

I simply removed the iPad

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

15 and held it away from him until the sheriffs could arrive and straighten the whole thing out, and that is all I did that day. Now, as far as his claim that I have been harassing him on the blog, you know, Harry Truman once said, I didnt give him hell, I told him the truth and they considered it hell. I have told the truth about him. He has now for over a He

month made my life hell.

He has stalked and harassed me.

has used the Courts processes in order to out me and then intentionally attempted to get me killed. attempted to get me killed. And I can show you with his own words where he admits in engaging in a course of conduct that he says creates a real risk that I might get killed, my wife might be killed, that my co-workers might be killed. that letter, Your Honor. What he did, Your Honor, is, as youve heard, he was using the courts processes to obtain my identity. He then, If I can, I would like to show you He literally

when he obtained my identity, he then put it into a court document in his motion to withdraw. All he had to do in that He

motion was to say I got the information by other means. didnt have to name me. current address. work address. and yet he did.

He certainly didnt have to put my

He didnt have to put where I worked or my

He didnt have to put any of that information,

And I went in on January 9th and I argued this was a

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

16 blatantly improper motion, and the judge agreed, and put that under seal. After the judge agreed that this was blatantly

improper to have put my name, put my address, put that kind of information in there, Mr. Kimberlin went to court and filed a motion to unseal and did it again, put my information in the motion to seal -- to unseal. In fact, he put it in the caption

so any person searching the Maryland Judiciary database would recognize that he had, that would know that Aaron Walker is Aaron Worthing. Again, because according to him, as you will see in there, I faced a real and substantial fear, a real and substantial danger of being the victim of violent attacks. and he did this on purpose. that it was improper. He,

And the judge, again, recognized

The judge took the extraordinary step of

asking the clerk to change the name of the motion in the database so that it no longer conveyed that information, and put the motion under seal, and then he did it again, filing a response to my emergency motion where he then puts my information in the motion yet again. This man has literally

tried to get me killed, and now hes coming to court and saying hes afraid of me? You see in his own words that he has attempted, that he has engaged in conduct to intentionally get me killed. you know, and he will try to claim, oh, Im just being an upstanding citizen, I was just trying to warn law enforcement. He,

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Deputy. THE WITNESS: James Johnson, Montgomery County respond. THE WITNESS: If he was really concerned about my safety, he wouldnt have

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put that information in or he would have filed it under seal. MR. KIMBERLIN: THE COURT: Your Honor, may I respond? Youll get a chance to

Not quite yet.

And, Im sorry, I am very upset about

this because this man has been stalking me and harassing me for over a month. to me. This is part of the process of what he has done

This man is the aggressor in all of this. THE COURT: MR. WALKER: THE COURT: MR. WALKER: THE COURT: Do you wish me to hear from your witness? Yes, sir. Who? Deputy James Johnson, for start. All right. JAMES JOHNSON

called as a witness on behalf of the respondent, having been first duly sworn, was examined and testified as follows: THE COURT: State your name and duty assignment,

Sheriffs Office, the Courthouse Security Section. THE COURT: Okay. DIRECT EXAMINATION BY MR. WALKER: Okay. Deputy Johnson, there, was there an incident

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on January 9th between somewhere around 11:00 to 12:00 a.m. that day? A Q Yeah, I believe that was the time, yeah. Okay. Can you tell me basically how did you hear

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about that event? A We received a phone call from someone up in the

courtroom, Im not sure who -Q A Q A lobby. Q Now, do you happen to know what the names of those All right. -- that there was an argument in the lobby. Okay. And what did you do after that, sir?

Myself and several other deputies responded to the

deputies are? A There were several of them. THE COURT: I think it was myself --

Well, unless theyre here, I really dont

care who they are and Id like to know perhaps what you saw when you got there. THE WITNESS: When we arrived on scene, there were They

two individuals in the lobby that were already separated. were not physically touching each other. state that an assault did take place. Mr. Kimberlin did

We advised him that

because we did not witness an assault, he would have to seek out charges at the Commissioners office and that that was it. After that he, Mr. Kimberlin left and we cleared the scene.

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q BY MR. WALKER: Okay.

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Did Mr. Kimberlin represent that I had struck

him in any way? A Q He did. Did he state that I had made any physical contact

besides with the iPad? A Yes, he did. He said you took his iPad from him and

struck him. Q A Q Okay. Did he have any visible marks on his body?

Not that I noticed. Okay. And were -- are you trained to look for that

kind of thing? A Q Yes. Okay. If you believed I had struck Mr. Kimberlin or

in any way physically, you know, wrestled with him or anything like that, what would have happened to me? A Q A Q A Q We would have to have witnessed the assault. Right. -- you know, other than that we would have -Okay. -- done what we did -All right. MR. WALKER: Deputy Johnson. THE COURT: Do you have any questions for Deputy All right. Thats all the questions I have for We --

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q freely? A Yes. MR. WALKER: THE COURT: Thank you, Your Honor. Thank you, Deputy. Q Johnson? MR. KIMBERLIN: THE COURT: Yeah. Yes. Thank you.

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Do want to send these over there? CROSS-EXAMINATION

BY MR. KIMBERLIN: Thank you, Deputy, for coming in. When you arrived,

I didnt have the iPad with me, is that correct? A Q Thats correct. And did a deputy have to come and take it away from

Mr. Walker? A Yes. MR. KIMBERLIN: MR. WALKER: No further questions.

Redirect. REDIRECT EXAMINATION

BY MR. WALKER: Did I, did I give up the, did I give up the iPad

(Witness excused.) THE COURT: MR. WALKER: Anyone else? I would like to call Bruce Sherman

simply for, to get in the documents that he was asked to bring to this Court today.

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 report. Q THE COURT: THE CLERK: All right. Detective Sherman.

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Raise your right hand please. BRUCE SHERMAN

called as a witness on behalf of the defendant, having been first duly sworn, was examined and testified as follows: THE COURT: Be seated. DIRECT EXAMINATION BY MR. WALKER: Okay, Deputy Johnson, Im sorry, Deputy Sherman, my

apologies, Deputy Sherman, I had asked if you had any, if you could bring any incident reports. A Did you do so, sir?

For the record, Im Lieutenant Colonel Bruce Sherman

of the Montgomery County Sheriffs Office. Q A My apologies. And I did receive from Deputy Johnson just now as I

walked up Montgomery County Sheriffs Office Incident Report No. 120022, which is dated January 18, 2012. MR. WALKER: Okay. All right. I dont know how, you

know, have just kind a second to look at what it says, Your Honor, because Im not quite clear of the procedures up here. Im a Virginia lawyer and a D.C. lawyer, but not a Maryland lawyer. THE COURT: Well, you wanted -- he brought the So --

Hes identified the incident report. MR. WALKER: Right. Okay.

I would like to have that

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apologies. THE COURT: MR. WALKER: THE COURT: MR. WALKER: THE WITNESS: THE COURT: Hes enjoying this Im sure, but -Yes, I --- hes got other things he can do. Im sorry. Im done with you, sir. Sherman? MR. WALKER: Yes, Im sorry, Your Honor. My Honor. MR. KIMBERLIN: THE COURT: MR. WALKER: You can give it -- show it to him. report put into evidence. THE COURT: All right. Its in. This basically

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corroborates Deputy Johnsons -MR. WALKER: Okay. Well, thats sufficient, Your

Thank you. Now as far as, Your Honor, hes claimed

that Ive been harassing him, first off, he has mixed in complaints about past posts Ive put up in the past, as well as one post Ive put up since then. post. I have a copy of the whole

He actually misrepresented what it actually said to this He claimed -Are we through with Lieutenant Colonel

Court, Your Honor. THE COURT:

May I be excused, Your Honor? Do you have any questions? No.

MR. KIMBERLIN: THE COURT:

Okay, Colonel.

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A it. (Witness excused.) THE COURT: All right. Let me have it back. report? THE WITNESS: MR. KIMBERLIN: THE COURT: Thank you very much. Is this a copy of your

23

Thank you.

Thats a copy of the report if you want

MR. KIMBERLIN: MR. WALKER: THE COURT: for people, okay?

Yeah, Id like a copy too.

I would like a copy. Im not in the business of making copies

AARON WALKER the respondent, having been previously sworn, was examined and testified further as follows: REDIRECT EXAMINATION BY THE COURT: All right. First off, much of what he said in there in terms of

claiming I was in contempt, and he has a motion to claim Im in contempt of the order, you know, claimed I have harassed him, most of it lists behavior that occurred before the peace order was put into place. The only time Ive ever put a post up All I

about him is, this is a copy of it, you can look at it. said about him is the truth.

The harassment law statute is

specific and Im allowed to make peaceable, you know,

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 statements of information in matters of public interest. He is a public figure, as hes admitted. of numerous non-profits. goes on the radio.

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Hes a head He

He goes and talks to Congressmen.

Hes been in a music video protesting how

we treat suspected terrorists and yet all along he doesnt want the world to know that he, himself, is a convicted terrorist. He doesnt want the world to know that he has a severe and deplorable criminal past and he has been on a multiyear campaign to stalk, harass, defame, and otherwise, you know, drive people crazy if they dare tell the truth about him. He has done this to Seth Allen. You know, he goes to court and

based on perjured testimony, and he is particularly angry at me for pointing out that he, that he very likely committed perjury in court, he goes in there and obtains a permanent injunction against him saying dont defame, and hes just now twice filed for contempt of that and the judge shot him down twice, found that he did not commit the defamation on either of those instances. He and his crew has done the same thing to Mandy Nagy, a blogger who goes by the name Liberty Chick. Theyve

done this to Deputy DA Patrick Fray, Im sorry, Frye, I always mispronounce his name. They have done this to Mike Stack, who

came into prominence during the scandal involving Congressman Winger. This is what they do. They are -- he, indeed, not only threatened me with

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go. frivolous Bar complaints, with also filing criminal charges, Your Honor.

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I can show you what -- he wrote a settlement offer

to me where at that point in time he threatened six days before this incident to file criminal charges and a peace order against me. you, sir. And at that point in time, Your Honor, I had no communications with him. I had no contact with him. I had And I can show that to you in a moment. Thank

no -- simply put, I had not, there is no cause for him whatsoever to file any kind of criminal charge. I mean here he

was on that day threatening to file criminal charges against me. He then threatened my attorney with ethics charges. This is what he does. He I can

show you where he did that.

threatens every person who dares cross him or helps anybody. Now pardon me while I look for this thing. Now I apologize, Your Honor. There we

Something strange happened

with the printing.

Every 16th character or so is turned into

an equal sign and it makes it a little bit of challenge to figure out what hes trying to say. But he does in there and

he threatens me, for example, with ethics charges because I pointed out to the court that he lied under oath. prove that to Your Honor right here, right now. And I can I can show you

where he denied having his parole revoked, and then I can show you the case where it happened and he was angry at me for having done that.

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so. And so he was trying to get, in that settlement offer, as you saw, he tried to use the threat of criminal charges and peace orders in order to get me to withdraw all blog posts discussing his lying to the court.

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And all, and I

mean withdrawing my motion in the, sorry, in Kimberlin v. Allen also, again, telling the court that he had very likely committed perjury, asking the court to look into criminal charges against him. And, indeed, yesterday, Your Honor, I had a discussion with the States Attorney. considering it. They are strongly

Its ultimately -- the States Attorney I

talked to was not the person who made the call, it was made higher up, but they are taking the charges very seriously. hes sitting here saying its frivolous. So

They did not consider And my

it frivolous over at the States Attorneys Office.

presentation consisted of playing the recording of the hearing and he says he, no, no, Im sorry, he doesnt have a transcript of that hearing, playing a recording of that hearing and then showing them in the case law where what he said was directly contradicted by what the court said. for having done that. And this is his revenge against me for having done He has intentionally tried to put my life in danger and And he got angry at me

now hes asking this Court to put in a peace order that will despond me right when he is trying to get people to kill me, he

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his life. Q A is also trying to take away my ability to defend myself. THE COURT: All right. Thank you.

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MR. KIMBERLIN:

Your Honor, yes, may I respond? BRETT KIMBERLIN

the petitioner, called as a rebuttal witness, having been previously sworn, was examined and testified further as follows: REBUTTAL DIRECT EXAMINATION THE COURT: Mr. Kimberlin? Yes. On August 23rd, Mr. Walker, with his pseudonym, Mr.

Aaron Worthing, was in e-mail contact with Seth Allen.

Allen wrote, and this is what caused Mr. Allen to get a peace order against him. Kimberlin. He says, Maybe I should just murder Mr. Mr.

And he sent that e-mail to Mr. Worthing.

Worthing did not contact the police as a good standing citizen to tell the police that. Mr. Worthing tells the Court that he is afraid for On his own blog, his everyone draw Mohammed hate

blog, he is, he has told people, Come on bitches, Im Aaron Worthing from Manassas, Virginia. Bring it to me if youre

ready, but remember the second amendment is here and its, and I will enforce it. So hes telling people on his blog,

Muslims, that hes Aaron Worthing, not Aaron Walker, and to come and get him. And he calls them bitches. He calls Muslims

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A bitches. Q A That is disgusting, you know. All right. You know, it really upsets me. THE COURT: MR. WALKER: THE WITNESS: done it more than once. THE COURT: All right. All right. Ill hear from All right. May I respond to that, sir? And its over and over. I mean hes Im sorry.

28

Mr. Walker and then Im going to decide this case. THE WITNESS: And I have pictures of his depictions

of Mohammed if youd like to see. THE COURT: Yeah, I really dont care to see them. I dont think you want to see them

MR. KIMBERLIN:

either, but theyre disgusting and theyre repulsive. THE COURT: All right. AARON WALKER the respondent, called as a surrebuttal witness, having been previously duly sworn, was examined and testified as follows: SURREBUTTAL DIRECT EXAMINATION BY THE COURT: Mr. Walker. Once again, he has misled this Court. He has just

said that when Seth Allen made this rumination about murdering him that I didnt report it. What he left out was the fact

that this was, this e-mail was sent to three other people that

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A

29 was including Mandy Nagy, who I mentioned before, she goes by the name Liberty Chick; Patrick Fray, the deputy DA; and Andrew Brightbart (phonetic sp.), okay? What he doesnt mention is that Mandy Nagy did report it that day, okay, and she told me she was going to report it. So hes angry at me for not duplicating her effort. And hes

just represented to the Court that I -- hes just led this Court to believe that I let this man say this and let him get away with it. I did not. I knew someone else was going to

report it and frankly, Your Honor, that was the day of the earthquake and that was the -- you know, remember, the big earthquake we had way back a few months? And it was also --

and I had, and I was ill that day and I had to go to the doctor and it was a busy time for me and when Mandy says Im going to report it, I said, good, that solves the problem for me. Q All right. MR. KIMBERLIN: THE WITNESS: It solves my dilemma. The second thing is is he just claimed I did not. I said

that I called all Muslims bitches. terrorists. I called them bitches.

BY THE COURT: Well, its -You know, and again the point isnt whether or not He keeps

theres anything wrong with the draw Mohammed blog.

trying to drag that in because he wants to demonize and smear

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: me. face. THE COURT: MR. WALKER: Well, all right. Yeah. JUDGES RULING Ive heard enough.

30 The point is he lied to this Court, lied to this Courts

What I did hear, sir,

is that you -- there was an incident in the Circuit Court you were involved in and you took his iPad. I read the blogs. It

seems quite, gentlemen, it seems quite apparent to this Court that both of you are way too invested in each others affairs and way too invested in trying to do harm to one other. The

only issue before this Court is whether Mr. Walker is harassing Mr. Kimberlin and the Court concludes that he is, and the Court is going to issue the order or extend it until August the 8, 2012, not to harass or commit any of the other acts, no threats, no contact, dont go to wherever he lives and stay away from his place of employment. MR. WALKER: Your Honor -Thank you.

MR. KIMBERLIN: THE COURT: the courtroom.

Now, Mr. Walker, you can have a seat in

Im going to return your paperwork and -Your Honor, if I may, I just want Does that mean that, for example, what

MR. WALKER: clarification on that. Ive posted -THE COURT:

Sir, anything you do is, that is deemed

th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

31 to be harassment is placing you in jeopardy of being found in contempt of this order. MR. WALKER: Well, I understand, but Im just -- Im

a little unclear on what you mean by harassment, honestly. THE COURT: Well, then well find out. Im not going

to exclude by specific example. MR. KIMBERLIN: MR. WALKER: Thank you.

All right, Your Honor.

(The proceedings were concluded.)

th

32

Digitally signed by Tracy Hahn DIGITALLY SIGNED CERTIFICATE DEPOSITION SERVICES, INC. hereby certifies that the

foregoing pages represent an accurate transcript of the duplicated electronic sound recording of the proceedings in the District Court for Montgomery County in the matter of: Case No. 0601SP005392012 BRETT KIMBERLIN v. AARON WALKER

By:

Tracy Hahn Transcriber