Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
RICO Motion to Require Verification (OCR)

RICO Motion to Require Verification (OCR)

Ratings: (0)|Views: 439|Likes:
Published by AaronWorthing
My motion to require Brett Kimberlin to file all future filings as verified, requiring him to swear it is true under penalty of perjury.

why would he object to that?

Get more of the story, here: http://allergic2bull.blogspot.com/
My motion to require Brett Kimberlin to file all future filings as verified, requiring him to swear it is true under penalty of perjury.

why would he object to that?

Get more of the story, here: http://allergic2bull.blogspot.com/

More info:

Categories:Types, Business/Law
Published by: AaronWorthing on Dec 18, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/11/2014

pdf

text

original

 
 
U
NITED
S
TATES
D
ISTRICT
C
OURT
 F
OR THE
D
ISTRICT OF
M
ARYLAND
 G
REENBELT
D
IVISION
 BRETT KIMBERLIN, Plaintiff v. Case No. PWG 13-3059 NATIONAL BLOGGERS CLUB, et al., Defendants DEFENDANT
 
WALKER’S
 
MOTION
 
TO
 
REQUIRE
 
THE
 
PLAINTIFF
 
TO
 
FILE
 
VERIFIED
 
PAPERS
 
IN
 
FUTURE
 
FILINGS
COMES NOW Defendant Aaron J. Walker, Esq., and hereby moves this court to require the Plaintiff to file all future pleadings, motions, oppositions, replies and all other papers filed with this court under verification, requiring the Plaintiff to swear under penalty of perjury that all facts stated therein are true and correct. In support of this motion, Defendant Walker states the following: 1.
 
The Plaintiff is a convicted perjurer.
 Kimberlin v. Dewalt 
, 12 F.Supp. 2d 487, 490 n. 6 (D. Md 1998). 2.
 
The Plaintiff is a compulsive and, indeed, shameless liar who often lies in course of criminal or civil litigation. A few examples of his falsehoods should suffice to make this point. 3.
 
The most outrageous example comes in a hearing on May 29, 2012. By way of  background, the Plaintiff is a convicted terrorist. This is what the Sixth Circuit wrote about him:
 
 2 Kimberlin was convicted as the so-called "Speedway Bomber," who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife's leg. He was hospitalized for six weeks, during which he was forced to undergo nine operations to complete the amputation of his leg, reattach two fingers, repair damage to his inner ear, and remove bomb fragments from his stomach, chest, and arm. In February 1983, he committed suicide.
 Kimberlin v. White
, 7 F.3d 527, 528-29 (6th Cir. 1993). 4.
 
On or about May 20, 2012, Mr. Kimberlin filed a petition for a Peace Order in the Montgomery County (Maryland) District Court against Mr. Walker.
 Kimberlin v. Walker (II)
 (Md. Mont. Co. Dist. Ct. 2012) case number 0601SP019792012. Under Maryland law, a Peace Order (M
D
C
ODE
C
TS
.
 
&
 
J
UD
.
 
P
ROC
. §3-1501 et seq.) is very similar to the kind of protective or restraining orders one might see in a domestic violence context, but it can only be obtained by people who are legally “strangers.” Mr. Kimberlin’s grounds for seeking a peace order was that Mr. Walker had allegedly harassed him under M
D
C
ODE
C
RIM
.
 
L
AW
. §3-803 by peaceably writing negative articles about him, on the internet, to a general audience and without contacting him. Mr. Kimberlin claimed that merely writing such negative stories about him was equivalent to incitement, even though Mr. Walker’s conduct didn’t meet any part of
 Brandenburg v. Ohio
’s test for incitement. 395 US 444, 447 (1969) (“the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or  producing imminent lawless action and is likely to incite or produce such action.”) Mr. Walker had not even met the first prong of the test, requiring that he advocate that any person engage in violence or lawlessness toward Mr. Kimberlin.
 
 3 5.
 
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?”
1
 6.
 
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.
1
 A reasonable person might wonder how this convicted perjurer was allowed to testify in light of M
D
C
ODE
C
TS
.
 
&
 
J
UD
.
 
P
ROC
. §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.
 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->