On May 29, 2012, there was a hearing in that case. On cross-examination, Mr. Kimberlin was asked under oath about his criminal record, resulting in this exchange where Mr. Walker asked: “And you were known as the Speedway Bomber, were you not?”
Mr. Kimberlin replied: “I don’t know that.” When asked if he had ever read that he was called by this term, he replied “I’ve read a lot of things in my life.” When asked if he had read
Kimberlin v. White
, quoted above, he denied having read it. The entirety of this exchange is attached as Exhibit A, lines 5-19. 7.
In addition to the facial implausibility of the claim that he didn’t know he had earned this nickname for which he is nationally famous, Mr. Kimberlin referred to himself by that nickname previously in court. Specifically, on January 9, 2012, about four months before the May 29 hearing, there was a hearing in
Kimberlin v. Allen
, (Md. Mont. Co. Cir. Ct. 2011) case number 339254V. Mr. Kimberlin had asserted that Mr. Allen had violated an injunction prohibiting defamation by writing pieces on the internet that allegedly defamed him. In the hearing, Mr. Kimberlin had the following exchange with Judge Rupp when discussing a particular piece Mr. Allen had written: THE COURT: All right. This one is dated November 23rd. I don't see anything in here that would constitute -- MR. KIMBERLIN: Well, I mean -- THE COURT: -- defamation. MR. KIMBERLIN: -- there's a lot of stuff in there, so I could certainly find it, you know. But what [he] does is he mixes, he posts something, and then he'll say, oh, and then Kimberlin,
the speedway bomber
, the terrorist, the perjurer, and the pedophile did this or that.
A reasonable person might wonder how this convicted perjurer was allowed to testify in light of M
. §9-104 forbidding the testimony of perjurers. The simple answer was that the parties involved were ignorant of this rule at the time. None of them learned of it until early in 2013.