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MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

Aaron Walker,
[redacted]
Manassas, Virginia 20109
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN,
[redacted]
Bethesda, Maryland 20817
And
TETYANA KIMBERLIN
[redacted],
Bethesda, Maryland 20817
Defendants

SECOND AMENDED COMPLAINT


NOW COMES, the Plaintiff, Aaron Walker, Esq., and files this Second Amended
Complaint against the Defendants, Brett and Tetyana Kimberlin.
PRELIMINARY STATEMENT
1.

Although more detail will be provided shortly, a brief overview may be useful.

Brett Coleman Kimberlin is a felon with convictions related to a serial bombing campaign,
perjury, document forgery, and other crimes less relevant to these proceedings. For well over
five years, Mr. Kimberlin has been attempting to rehabilitate his reputation, not by doing good

works demonstrating that he has reformed but by brass-knuckles reputation management 1


involving attempts to intimidate into silence those who speak and write about his criminal past
and current activities.
2.

Specifically in relation to Mr. Walker, for about three-and-a-half years, Mr.

Kimberlin has been attempting to intimidate Mr. Walker into silence. First, he threatened to file
false charges, false peace orders, and false bar complaints against Mr. Walker if Mr. Walker did
not silence himself and withdraw a pleading before this Court. When Mr. Walker refused to give
in to this extortionate demand, Mr. Kimberlin proceeded to do all that he threatened. On January
9, 2012, Mr. Kimberlin attempted to frame Mr. Walker for a crimefiling false charges, peace
orders, and bar complaints.

Specifically, he claimed that Mr. Walker beat him up in the

Montgomery Circuit Courthouse and produced photographs and medical records purporting to
support his story. However, he made one mistake: he forgot that there were security cameras in
the Courthouse. When the footage emerged showing what had really happened, Mr. Walker was
exonerated, and Mr. Kimberlins story was utterly discredited.
3.

The charges were dropped, the peace order was denied, and the bar complaint was

dismissed. When Mr. Walker sought to get justice for this attempt to frame him for a crime, the
Montgomery County States Attorney rebuffed him, so Mr. Walker went public with his story,
telling the world how Mr. Kimberlin had attempted to frame him for a crime.
4.

Mr. Kimberlin declared that this was harassment, and he sought and obtained a

temporary peace order based on his misleading statements. Then he filed false charges claiming
that Mr. Walker had violated that peace order on the night before the final peace order hearing.
Mr. Kimberlin obtained a final peace order in significant part by making false statements to the
1 J. Patrick Frey, Brett Kimberlin Gets His Wikipedia Entry Removed, PATTERICOS
PONTIFICATIONS, May 27, 2015 (available at http://patterico.com/2012/05/27/brett-kimberlingets-his-wikipedia-entry-removed/) visited June 20, 2015.
2

court. At the end of the hearing, Mr. Walker was arrested based on Mr. Kimberlins false charges
that he had violated this peace order. Since then, Mr. Kimberlin has 1) stalked Mr. Walkers wife
and placed photos of her on the Internet, 2) falsely charged Mr. Walker with another crime
(harassment), and 3) convinced his wife, co-defendant Tetyana Kimberlin, to file false charges on
his behalf (upon information and belief, Mrs. Kimberlin was under duress when she did this).
5.

This lawsuit has two goals. First, it is designed to prevent by equity any further

abuse of Marylands criminal justice system or peace order system, and any further vexatious
litigation. Second, it is designed to compensate Mr. Walker for his losses arising from Mr.
Kimberlins criminal and tortious conduct.
PARTIES
6.

The Plaintiff Aaron Walker is, and at all relevant times was, a lawyer in good

standing in Virginia and the District of Columbia. Outside of traffic infractions, Mr. Walker has
a clean criminal record and, indeed, had never even been arrested until the events that are the
subject of this suit.
7.

The Defendant Brett Kimberlin is a convicted felon with a long criminal history.

He is best known as The Speedway Bomber. The Sixth Circuit described that crime spree as
follows:
[Brett] 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 wifes 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):


8.

This is certainly not the only criminal or immoral thing Mr. Kimberlin had done.

Mr. Kimberlin also has a history of dishonesty. He has been convicted of perjury, (see, e.g.,
United States v. Kimberlin, 805 F. 2d 210, 234 (7th Cir. 1986)), and of crimes related to
document forgery, id. at 228-229. Later, he was found to be liable to the DeLong widow for over
$1 million, but proceeded to engage in deceitful maneuvers to hide his ability to pay this debt,
his conduct becoming so atrocious that his parole was revoked as a result. Kimberlin v. Dewalt,
12 F. Supp. 2d 487, 494 (D.Md. 1998).
9.

News reports also state that he was involved in the attempt to frame someone else

for his serial bombings. According to the report, attached as Exhibit A to the original complaint, 2
while in jail Mr. Kimberlin attempted to hire an inmate to plant a bomb made with components
identical to the bombs he terrorized the town with in order to falsely imply someone else
committed his crimes. Fortunately, that inmate snitched, thwarting this plan. The same article
details how Mr. Kimberlin placed bomb-making materials in the yard of a person cooperating
with the police in various investigations of him to frame them for the Speedway bombings.
10.

Since leaving prison more than a decade ago, Mr. Kimberlin has set himself up as

a liberal political activist. He runs two non-profits: the Justice Through Music Project, and
Velvet Revolution. Both charities appear to do little to no actual charity work and appear to be
run as Mr. Kimberlins personal piggy bank. Indeed, Mr. Kimberlin claims to work full time for
both charities, at eighty hours a week, but claims to be only paid by onea pittance of $19,500
to support a family including two children.

2 R. Joseph Gelarden, Kimberlin Case a Maze of Murder, Deceit, INDIANAPOLIS STAR, October
18, 1981 at 1 (available at http://archive.indystar.com/assets/pdf/ BG164276919.PDF) visited on
January 7, 2015.
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11.

Tetyana Kimberlin is a first generation immigrant from Ukraine and, upon

information and belief, a naturalized citizen of the United States. Upon information and belief,
she is still married to Brett Kimberlin.
HOW MR. WALKER CROSSED MR. KIMBERLINS PATH
12.

In 2009 or 2010, Seth Allen (a resident of Massachusetts), became aware of Mr.

Kimberlin and his criminal background. Mr. Allen is a liberal, and he felt that a person with Mr.
Kimberlins criminal background should not be a face of his political affiliation. He also
believed that Mr. Kimberlins charities were cons taking useful cash and attention away from
more worthy organizations and causes. He began writing about Mr. Kimberlin online, calling
him a terrorist, a liar, and a confidence man.
13.

On October 11, 2010, Mandy Nagy wrote an article for Breitbart.com entitled

Progressives Embrace Convicted Terrorist. This article can be accessed via the internet at:
http://www.breitbart.com/national-security/2010/10/11/progressives-embrace-convictedterrorist/. The article details how Mr. Kimberlin had become a political activist as well as his
criminal past. Every word in that article was sourced from either court documents or the
reporting of others. She did not do original reporting; she simply aggregated the reporting of
others.
14.

Shortly afterward, J. Patrick Frey, Esq., published an article for Patterico.com

entitled Brad Friedmans Partner and Buddy: A Convicted Bomber, Perjurer, and Drug
Smuggler, Suspected Murderer . . . and Election Integrity HERO!!! detailing how another
prominent liberal activist had associated himself with this convicted felon. This article can be
accessed via the internet at: http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddya-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrity-

hero/. Mr. Frey writes for and runs Patterico.com as a hobby, while his day job is as a Deputy
District Attorney in the Hardcore Gang Unit of the Los Angeles County District Attorneys
Office. Soon thereafter, Mr. Kimberlin wrote to Mr. Frey and Ms. Nagy threatening them with
lawsuits. Mr. Frey responded by asking Mr. Kimberlin to specify what fact he was getting
wrong, and offeringif Mr. Kimberlin had proofto correct any errors. Mr. Kimberlin refused
to detail any specific errors, writing instead that I have filed over a hundred lawsuits and
another one will be no sweat for me. On the other hand, it will cost you a lot of time and
money[.]

The

full

text

of

this

email

exchange

can

be

accessed

at:

http://patterico.com/2010/10/11/brett-kimberlin-threatens-to-sue-me/.
15.

At that time, Mr. Walker wrote journalistically on Patterico.com during his off

hours: his day job was as corporate counsel for a home healthcare agency. Mr. Walker wrote
anonymously (as Aaron Worthing) for two reasons. First, Mr. Walker has hidden disabilities,
and he wanted to protect himself from unlawful discrimination while speaking freely about his
experiences with those disabilities and the discrimination they inspired. Second, Mr. Walker had
participated online in protests against terroristic attempts to silence others and, out of deference
to his wifes fears, he wished to remain anonymous for that reason as well.
16.

Shortly after these lawsuit threats, Mr. Kimberlin did sue Mr. Allen. Kimberlin v.

Allen, No. 339254V (Md. Mont. Co. Cir. Ct. 2011). Specifically, he claimed that by calling him
a terrorist, a liar, and a con-man, Mr. Allen had defamed himeven though he was collaterally
estopped from denying these claims by prior convictions and his parole revocation. He also
claimed that Mr. Allen called Mr. Kimberlin a pedophile. Although Mr. Allen claimed he never
called him that, ironically Mr. Kimberlin recently lost another case for defamation because Mr.

Walker and others called him a pedophile. Mr. Walker and his co-defendants won that case on
the issue of truth.
17.

While Mr. Kimberlin didnt immediately sue Mr. Frey or Ms. Nagy, he and his

allies began a campaign of intimidation against them both, attempting to get them fired from
their jobs, placing their personal information on the Internet, and writing defamatory pieces
about them on the Internet. Mr. Kimberlin and his allies learned that Ms. Nagy was a victim of
sexual assault and mocked her for her suffering. Mr. Kimberlin and his allies filed false bar
complaints against Mr. Frey, tried to contact attorneys who Mr. Frey had dealt with in court, and
took a picture of a naked man in a Viking helmet and falsely claimed it was Mr. Freyall to
punish him for speaking truthfully about Mr. Kimberlin.
18.

Most seriously, Mr. Frey was SWATted. This is a relatively new term referring to

a prank in which a person calls the police and makes a false report of a dangerous situation. In
Mr. Freys case, someone called 911 using a hacker technique to make emergency services
believe the impersonator was calling from Mr. Freys home number. The caller told 911 that he
was Mr. Frey and that he had shot his wife. Then he hung up. The purpose of this call was to
invoke an extreme and dangerous police response, ideally with a SWAT team being called to the
home. This is where SWATting gets its name and its unusual capitalization.
19.

This caller was successful. Just after midnight, on July 1, 2011, the police came

knocking at Mr. Freys door. He opened it to see several guns pointed at his face. Mr. Frey had a
phone in his hand because Kimberlins ally, Ron Brynaert, had just called him. If Mr. Frey had
been unlucky, one of the police might have mistaken that phone for a gun and killed him. Mr.
Frey later obtained a copy of the fraudulent 911 call and commissioned voice print analysts to
determine the identity of the caller. The report found with over ninety percent certainty that Ron

Brynaert made the SWATting call. The working theory is that Mr. Brynaert called him that night
because SWATters often like to hear their victims suffer.
20.

One can read a more detailed description of the harassment Mr. Frey faced at the

hands of Mr. Kimberlin and his allies and listen to the SWATting call at this internet address:
http://patterico.com/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaertand-their-campaign-of-political-terrorism/.
21.

Turning back to the lawsuit against Seth Allen, since Mr. Allen was writing under

a pseudonym, Mr. Kimberlin went through the process of identifying him under Independent
Newspapers, Inc. v. Brodie, 407 Md. 415 (2009), determining his identify shortly thereafter. On
or about July 14, 2011, Mr. Kimberlin obtained a default judgment against Mr. Allen. Mr. Allen
has always maintained that the default was obtained by fraud. Mr. Kimberlin has a history of
forgery, and he has subsequently confessed to forging a summons in one case (Exhibit B to the
original complaint), and forging a return receipt green card used to serve process in another
case, Kimberlin v. Walker, et al. No. 380966V (Md. Mont. Co. Cir. Ct. 2013) (Exhibit C to the
original complaint), lending credibility to Mr. Allens allegations.
22.

Because Ms. Nagy had prominently written about Mr. Kimberlin, Mr. Allen

reached out to her to seek help in dealing with the lawsuit. Ms. Nagy and Mr. Frey were friends
and, therefore, Ms. Nagy knew Mr. Walker through Mr. Frey.
23.

On or about August 22, 2012, Ms. Nagy suggested that Mr. Allen contact Mr.

Walker. Although Mr. Walker could only provide limited help given that he is not a Maryland
lawyer, he did provide Mr. Allen brief, free legal advice.
24.

On or about November 14, 2011, a hearing was held in Kimberlin v. Allen. In that

hearing, Mr. Allen attempted to set aside the default, but lacking any legal training was unable to

do so. In the same hearing, this Court determined what damages had been done to Mr. Kimberlin
based on the defaulted complaint. This Court found no damages were proven, and granted only
nominal damages as well as an unconstitutional injunction forbidding Mr. Allen from defaming
Mr. Kimberlin in the future.
25.

Mr. Kimberlin then immediately claimed that Mr. Allen had violated that order

and obtained a January 9, 2012 hearing on whether Mr. Allen was in contempt.
26.

By then, Mr. Kimberlin had learned that Mr. Walker had helped Mr. Allen, but he

did not yet know Mr. Walkers real name. As one might imagine with a person willing to bomb
an entire town for nearly a week, Mr. Kimberlin does not think rationally, and, therefore, he
concluded that by giving Mr. Allen legal advice, Mr. Walker was somehow a co-conspirator with
Mr. Allen. In a veiled threat, Mr. Kimberlin wrote an email to Mr. Walker on December 17,
2011, demanding that Mr. Walker testify against Mr. Allen, his client.
27.

Mr. Walker refused to buckle to that threat.

Mr. Kimberlin then sought a

subpoena to obtain Mr. Walkers identifying information. Mr. Walker, through counsel Beth
Kingsley, filed a motion to quash that subpoena. He also went public concerning how Mr.
Kimberlin was trying to obtain that information, publishing the entirety of his motion to quash
online (with only minor redactions).
28.

That motion to quash included accusations that Mr. Kimberlin committed perjury

repeatedly on November 14, 2011, and recommending that the judge refer this case to
appropriate authorities. Most egregiously, Mr. Kimberlin claimed in that November 14 hearing
that his parole had never been revoked, even though one can read about it in the Federal
Supplement. Mr. Walker published a redacted copy of that motion on the Internet, and Mr.
Kimberlin was aware of this fact.

29.

According to later testimony, Mr. Kimberlin learned of Mr. Walkers true identity

by other meansallegedly an anonymous tipon or about December 31, 2011.


30.

On January 3, 2012, Mr. Kimberlin sent an email to Ms. Kingsley. Although

styled as a settlement offer, in fact it was an attempt to extort Mr. Walker into silence. It was also
fraudulent because Mr. Kimberlin represented that he didnt know Mr. Walkers identity. He
demanded that Mr. Walker take down all posts discussing him and his criminal conduct and
threatened to file false criminal charges, false peace order petitions, and false bar complaints
against Mr. Walker if he refused. When Mr. Walker didnt give in to those overt threats, Mr.
Kimberlin set out to do exactly what he threatened.
MR. KIMBERLIN TRIES TO FRAME MR. WALKER FOR A CRIME
31.

On or about January 6, 2012, Mr. Kimberlin filed a motion to withdraw his

subpoena on the basis of the fact he had received Mr. Walkers identity by other means.
Although the only thing Mr. Kimberlin needed to include is the fact he had obtained the
information by other sources, he gratuitously included the following information: 1) Mr.
Walkers real name, 2) his home address, 3) his birth date, 4) what high school he attended, 5)
the fact Mr. Walker dropped out of high school, 6) the fact Mr. Walker obtained a GED, 6) the
fact Mr. Walker obtained a degree at the University of North Texas, 7) the fact Mr. Walker
graduated from Yale Law School in 2002, 8) Mr. Walkers current job, 9) his current employer,
10) his current employers address, and even 10) facts related to a case filed under seal.
32.

This was done with the specific intent of putting this personal information into the

public record and, from there, onto the Internet.

One of Mr. Kimberlins self-described

associates Neal Rauhauser has a long history of taking any information Mr. Kimberlin filed in
court and putting it on the web.

Therefore, Mr. Kimberlin regularly puts personal and

10

embarrassing facts and allegations into legal documents, so that Mr. Rauhuaser (or others such as
Mr. Brynaert) can publish them on the Internet under the veil of simply sharing public
documents. This practice is referred to as doxxing.
33.

Mr. Kimberlin didnt serve this document on Mr. Walker until January 7, 2012, a

Saturday. He did not serve it on Ms. Kingsley but sent it by email to Mr. Walker in order to taunt
Mr. Walker with the fact he had doxxed Mr. Walker.
34.

On Monday, January 9, the aforementioned hearing was held on whether Mr.

Allen was in contempt. Mr. Walker appeared at that hearing and made an emergency oral motion
to seal the motion to withdraw filed by Mr. Kimberlin. Mr. Kimberlin was asked by Judge Rupp
why he felt it was necessary to put this amount of personal information into the motion, and Mr.
Kimberlin stated that he wanted to share it with the world. Finding no justification for the
inclusion of all of this personal information into the public record, Judge Rupp granted Mr.
Walkers motion to seal.3
35.

It is worth noting that Mr. Kimberlin claimed he needed Mr. Walkers information

in order for Mr. Walker to testify at the hearing against the man to whom he briefly gave legal
advice. However, the hearing proceeded, and Mr. Kimberlin never attempted to call Mr. Walker
as a witness. At the end of the hearing, this Court found that no defamation had occurred and
dismissed the motion to hold Mr. Allen in contempt.

3 Mr. Kimberlin then repeatedly attempted to place the same information into the public record.
For instance, on January 17, Mr. Kimberlin filed a motion to unseal the motion to withdraw,
placing Mr. Walkers true information in the caption of his motion. Mr. Walker filed an
emergency motion to seal this new motion and to alter the title of the motion reported in the
Maryland Judiciary Case Search, which was immediately granted. Then Mr. Kimberlin filed an
opposition to that motion to seal, and placed Mr. Walkers true name and other information that
had been sealed, leading Mr. Walker to file another motion to put that information under seal.
11

36.

After the hearing, Mr. Kimberlin tried to intimidate Mr. Walker again, saying, I

would suggest, Mr. Walker, that you leave me alone.


37.

Mr. Walker replied, I will continue to tell the truth about you. Mr. Walker

continued to interrogate Mr. Kimberlin about his misconduct as they moved out into the lobby
area outside the courtroom, asking him why he didnt call Mr. Walker to the stand if he really
believed he needed his testimony so badly. At that point, Mr. Kimberlin raised an iPad he had in
his possession as though to do something with it. Knowing Mr. Kimberlin was angry and
knowing he had a violent history, Mr. Walker made a split second decision to take the iPad from
him for fear of what the device might do. Mr. Walker did this peaceably, causing no damage to
Mr. Kimberlins person and, indeed, without touching his body once. He simply took the iPad
and, being about half a foot taller than Mr. Kimberlin, held the device away from him until
courthouse personnel could arrive to sort the matter out. When courthouse security arrived, Mr.
Walker surrendered the iPad without incident. He forthrightly explained what he had done and
the motives for his actions.

Two subsequent courts found that Mr. Walker had acted in

reasonable self-defense.
38.

However, Mr. Kimberlin saw an opportunity to frame Mr. Walker for a crime and

to punish him for expression in court documents and on the Internet and for the free legal help
Mr. Walker provided to Mr. Allen. In applications for criminal charges, peace order hearings,
and in communications with the Virginia State Bar, Mr. Kimberlin claimed essentially that Mr.
Walker beat him up outside of the courtroom. He later produced what he purported to be
medical records showing that Mr. Walker allegedly bruised him and cracked a vertebra. He
produced undated photographs purporting to show a bruised eye. However, surveillance video
footage from outside the courtroom emerged, and Mr. Walker is in possession of a copy of it.

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The footage demonstrated that Mr. Walker had told the truth, and Mr. Kimberlins claims that he
had been beaten up by Mr. Walker were false.

Therefore, any objective observer would

recognize that those medical records and photographs were most likely forgeries by a convicted
(and admitted)4 document forger.
39.

As soon as he left the Circuit Courthouse on January 9, 2012, Mr. Kimberlin went

across the street to the Montgomery County District Court Commissioners Office and filed for
criminal charges and a peace order. He says he did this before going for medical treatment. The
only photographs of Mr. Kimberlins alleged injuries were taken by Mr. Kimberlin using his own
iPad and, therefore, depend entirely on this convicted perjurer for authentication, and they were
not produced at the time he applied for charges. The only purported medical records were
gathered by this convicted document forger, and they were not produced at the time he applied
for charges. No effort was made to conduct an independent investigation before charges were
filed. No one asked Mr. Walkers side of the story. No one requested the video evidence before
filing charges. No one even spoke to the courthouse security who responded, even though they
would presumably have told any investigator that Mr. Kimberlins application for charges did not
match reality. For instance, Mr. Kimberlin claimed in the application for charges that when
courthouse security arrived Mr. Walker tried to come at me several times but was restrained.
In fact, Mr. Walker made no effort to charge at him, and the courthouse security never attempted
to restrain him (because they had no need) as is demonstrated by video evidence. Undoubtedly,
if asked, security personnel would have spoken truthfully, and said the same thing.
40.

Indeed, the fact that Mr. Kimberlin was a convicted perjurer with a history of

forging documents gave the Commissioner no pause, either. This is despite the fact that as a
convicted perjurer Mr. Kimberlin was categorically prohibited from testifying in Maryland. MD.
4 See Exhibit B to the original complaint.
13

CODE Cts. & Jud. Proc. 9-104. Instead, without any evidence but this convicted perjurers
word, the Commissioner filed false charges against Mr. Walker, based on Mr. Kimberlins
falsehoods.
41.

Because the Montgomery County States Attorney takes a charge first and figure

out if a person did anything later approach to criminal justice, they allowed these charges to
stand for nearly three months. Therefore, Mr. Kimberlins actions caused Mr. Walker to incur
legal expenses and had these charges hanging over his head.
42.

On the same day as the alleged injuryand also before he allegedly sought

medical attentionMr. Kimberlin sought a peace order alleging that 1) Mr. Walker harassed him
and 2) assaulted him under MD. CODE Crim. L. 3-203. He was able to obtain a peace order
based on false testimony provided in an ex parte hearing in which Mr. Walker was not present,
the court finding that there were reasonable grounds to believe Mr. Walker assaulted and
harassed him and would do so again in the future.
43.

Then, in a February 8 final peace order hearing, Mr. Kimberlin repeatedly

perjured himself again. He claimed that Mr. Walker was thrown out of the contempt hearing
concerning Mr. Allen, a complete fiction. He claimed Mr. Walker decked him. He claimed Mr.
Walker struck him repeatedly. He claimed that Mr. Walker wrestled with him to take away his
iPad. He claimed that the court clerks separated him and Mr. Walker. He presented these false
medical reports and false photographs5 to the court as genuinely representing evidence of injuries
Mr. Walker never inflicted on him. Mr. Kimberlin felt free to lie to the court because it evidently
5 The alternative, although stranger, theory is that Mr. Kimberlin was actually injured that day,
but not by Mr. Walker. That is, he either harmed himself or had someone else harm him. The
more likely possibility is that this convicted document forger faked the photographs and medical
records, but, logically, both are possibilities. Either way, the medical records and photographs
would be false, because they did not represent the results of any injury that Mr. Walker inflicted
(because he inflicted none).
14

never occurred to him that video of the incident would emerge. Mr. Walker, equally convinced
that video of the incident didnt exist, nonetheless told the truth.
44.

Despite this lack of video evidence, the District Court for Montgomery County

found that no assault or battery occurred under MD. CODE Crim. L. 3-203 (or any other law).
Since Mr. Walker forthrightly admitted to taking Mr. Kimberlins iPad and defended his conduct
as self-defense, the fact that the court found no assault occurred necessarily means that the court
did not credit Mr. Kimberlins account, even with his false medical records and false
photographs.

But the Court foundcontrary to lawthat Mr. Walker had harassed Mr.

Kimberlin by writing to a general audience about him. That holding that Mr. Walker harassed
Mr. Kimberlin was overturned on appeal by Judge Eric Johnson, and, accordingly, the entire
petition was dismissed.
MR. WALKER TRIES TO PETITION THE GOVERNMENT FOR A REDRESS OF
GREIVANCES AND IS COMMANDED BY A COURT TO BE SILENT
45.

The day before the appeal of the Peace Order came around, on April 11, 2012, Mr.

Walker received a copy of the video file exonerating him. After the petition was dismissed by
Judge Johnson, Mr. Walker decided to try to convince the States Attorney to pursue charges
against Mr. Kimberlin related to his attempt to frame Mr. Walker for a crime. Mr. Walker filed
an application for charges on or about April 17, 2012, and spoke with the States Attorneys
Office thereafter. The States Attorney filed a nolle prosequi, and Mr. Jacobson sent a letter to
Mr. Walker suggesting this was simply a spat that didnt deserve his offices attention. In doing
so, he ignored the overwhelming evidence of Mr. Kimberlins criminal conduct.
46.

At that point, Mr. Walker would have been happy to let the matter drop if officials

in Maryland chose to punish Mr. Kimberlin for the abuse of their instrumentalities. He was
shocked to find that they were not even offended by the way they had been manipulated by Mr.
15

Kimberlin to harm his enemies. Since Mr. Walker could not get justice and was concerned that
some other person might be an unsuspecting victim of Kimberlins criminal behavior, he
continued to seek justice by the only way he had left: by appealing to the public.
47.

On May 17, 2012, Mr. Walker decided to go public with how Mr. Kimberlin had

attempted to frame him for a crime. He wrote a long article about Mr. Kimberlins conduct and
Marylands indifference to this dangerous criminal in their presence who had used the
instrumentalities of the state in order harm Mr. Walker and others. The story garnered major
attention from mass media and personalities such as Michelle Malkin and Glenn Beck.
48.

On May 19, 2012, close to midnight, Mr. Kimberlin filed for new a new peace

order claiming harassment. He claimed Mr. Walker had harassed him by writing to the public at
large about his misconduct and he was explicitly motivated by a desire to silence such speech.
Despite the fact that MD. CODE CRIMINAL LAW 3-803 makes it clear that the harassment statute
does not apply to a peaceable activity intended to express a political view or provide
information to others and despite the fact that Mr. Kimberlin did not even allege anything more
than that, an interim peace order was granted, and subsequently at an ex parte hearing a
temporary peace order was granted. That is, Mr. Kimberlin did not even allege a violation of the
harassment statute, and despite this fact, he was granted a temporary peace order.
49.

In that temporary peace order hearing, Mr. Kimberlin made the deceitful

accusation that Mr. Walkers on medication, hes got a lot of mental problems. The misleading
impression he was attempting to give the court was that Mr. Walker suffered from mental illness,
and he was on some kind of medication to control that illness. The truth was that the only
medication Mr. Walker took at the time was for diabetes and high cholesterol. Further, the only
arguable mental problems Mr. Walker suffers from is his hidden disabilitiesnamely dyslexia,

16

dysgraphia, and Attention Deficit Disorder. These do not tend to make a person more likely to be
dangerous. As Mr. Walker wrote in a filing in Kimberlin v. National Bloggers Club, et al. (I),
No. GJH-13-3059 (2013), when Mr. Kimberlin made another attempt to poison a court with
disability discrimination:
Except for the direct effect of those disabilities, people with learning disabilities
are just like anyone else, able to function in society just as successfully as a
person with a so-called physical disability. They are not barred from the legal
profession, for instance. As future Supreme Court Justice Sonia Sotomayor wrote
[t]here is no insinuation, and I cannot find, that Dr. Bartlett [a dyslexic] is
incapable of performing the functions of a practicing lawyer. Bartlett v. New
York State Bd. of Law Examiners, 970 F. Supp. 1094, 1128 (SD N.Y. 1997). That
case involved an aspiring attorney who appears to have a more severe case of
dyslexia than Mr. Walker: she can barely read. However, this did not disqualify
her from the legal profession, the Bartlett court reasoning that
[i]f the bar examination were intended to test a persons visual
ability to read or a persons ability to perform under time pressure,
there would be no blind attorneys. Thankfully, this is very far from
the reality of modern law practice.
Id. at 1130. This squares with Mr. Walkers own experience when he sought
admission to the legal profession. Not only did the bar associations know of his
disabilities, but they felt that they were so irrelevant that they accommodated
those disabilities on the bar exam without any difficulty and found that he
possessed the character and fitness necessary to become an attorney.
Nor do such disabilities make a person strange or abnormal in most other
professions. Upon information and belief, famous dyslexics include Whoopi
Goldberg, Mohammed Ali, Leonardo da Vinci and attorney David Boies. 6 Louis
Pasteur had dysgraphia, while Albert Einstein, Judge Jeffrey H. Gallet, 7 and even
President George Washington, had both dyslexia and dysgraphia. Given that
6 Mr. Boies is most famous for representing Al Gore in Bush v. Gore, 531 U.S. 98 (2000). Mr.
Boies and Mr. Walker were both interviewed as examples of successful dyslexics by Dr. Sally
Shaywitz, M.D., for a book called Overcoming Dyslexia: A New and Complete Science-Based
Program for Reading Problems at Any Level designed in significant part to try to change public
perceptions of learning disabled persons (2005). Then a law student, Mr. Walker appears in that
book under the fictitious name Hannah and other details are changed in an attempt to protect
his anonymity, but nonetheless, this Professor of Neurology considered Mr. Walker to be a
positive example of a person with dyslexia to hold up to the public.
7 Wolfgang Saxon, Obituary: J.H. Gallet, 58, Federal Judge Who Transcended Disabilities, Is
Dead, NEW YORK TIMES, April 27, 2001.
17

Thomas Jefferson had dyslexia as well, it can be said that learning disabled
persons account for half of the population of Mr. Rushmore. Business leaders
such as Thomas Edison, Henry Ford, and Frank W. Woolworth have been
diagnosed with dyslexia, while JetBlue Airways founder David Neeleman, CEO
of Cisco Systems John T. Chambers, Ikea founder Ingvar Kamprad, Kinkos
founder Paul Orfalea have dyslexia and ADD/ADHD.8 These corporations are
not run by lunatics. Chances are this court has had attorneys with one of more of
these disabilities appear before it, although it might not have been aware at the
time. Indeed, there is hardly a person alive who has no one in their circle of
friends, relatives and respected acquaintances that doesnt include at least one
person who has some form of learning disability or ADD. They are not emotional
lepers or pariahs. They are perfectly ordinary people who simply have challenges
to overcome.
By this method Mr. Kimberlin took advantage of Mr. Walkers status as a disabled person to
allow Mr. Kimberlin to weave a story that gave a wholly false impression, while simultaneously
avoiding technical perjury on that point. On other points, Mr. Kimberlin outright lied, such as
claiming Mr. Walker assaulted him.

Based on those misleading comments and perjured

testimony, Mr. Kimberlin obtained a temporary peace order.


50.

A final peace order hearing was held on Tuesday, May 29, 2012. Mr. Walker was

able to be heard at that hearing. Mr. Kimberlin claimed that merely by peacefully writing about
him that Mr. Walker was engaging in incitement and such incitement was therefore harassment.
8 The list of persons cited as having these disabilities is gathered from the following sources
visited on February 13, 2014: Famous People with ADHD, ADULT ATTENTION DEFICIT
DISORDER CENTER OF MARYLAND (available at http://www.addadult.com/index.php/addeducation-center/famous-people-with-adhd); Brittany Shoot, Famous People With ADHD and
Learning
Disabilities,
ADDITUDE
(available
at
http://www.additudemag.com/adhd/article/8681.html);
Dysgraphia
and
Organization,
DYSGRAPHIA.ORG.UK (available at http://dysgraphia.org.uk/index.php/dysgraphia-and-memory);
Famous People with the Gift of Dyslexia, DYSLEXIA THE GIFT (available at
http://www.dyslexia.com/famous.htm) and Successful People with Dyslexia, THE MENTIS
FOUNDATION, (available at http://www.mentisfoundation.org/node/8).
Additional famous
dyslexics include Harry Belafonte, Jay Leno, John Lennon, Alexander Graham Bell, Thomas
Edison, Nolan Ryan, Andrew Jackson, Woodrow Wilson, Henry Ford, Charles Schwab, Richard
Branson, Ted Turner, Scott Adams, Agatha Christie, F. Scott Fitzgerald, and William Butler
Yeats. Famous persons with ADD/ADHD include Howie Mandel, Salma Hayek, Justin
Timberlake, Woody Harrelson, Terry Bradshaw, and James Carville.
18

He claimed to have received death threats because of Mr. Walkers reporting, although
subsequent evidence suggested that Mr. Kimberlin or one of his associates were fabricating these
threats.9 Even if the threats were genuine, a finding that peacefully writing about a person on the
Internet amounts to incitement is directly contrary to controlling Supreme Court law, especially
the ruling in Brandenburg v. Ohio, 395 U.S. 444, 447 (1969), which states that:
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.
The uncontested evidence showed that Mr. Walker had not even advocated any force or
lawlessness directed at Mr. Kimberlin and that Mr. Walker took steps to protect Mr. Kimberlin
from lawless conduct. Indeed, Mr. Walkers expression met literally none of the elements of the
Brandenburg standard.
51.

The court did not find that Mr. Walkers conduct met the Brandenburg standard.

Instead, when Mr. Walker explained the Brandenburg rule, Judge Cornelius Vaughey said,
Forget Brandenburg. Lets go by Vaughey right now, and common sense out in the world.
Judge Vaughey then went on to agree with Mr. Kimberlin that merely writing negative things
about him amounted to incitement and such incitement amounted to harassment. This is not only
contrary to law, but if it stood, it would have set a dangerous precedent. By that logic, President
Nixon could have enjoined Woodward and Bernstein from reporting on Watergate if he received
a single death threat based on their reportage.

Such an approach would be the death of free

9 Mr. Frey details the evidence of such fabrication at http://patterico.com/2012/06/26/strongcircumstantial-evidence-that-brett-kimberlin-is-astroturfing-the-alleged-threats-against-him-andhis-allies/. It is worth noting that while Mr. Kimberlin has never been shy about suing
anonymous people on the Internet or to file charges against others, he has never made any effort
to seek to hold these people who allegedly threatened him civilly or criminal responsible. This
bolsters the suspicion that all of these alleged threats are fake, and Mr. Kimberlin knows it.
19

speech and freedom of the press. Either this never occurred to Judge Vaughey, or it didnt bother
him. A first year law student would not have made the same mistake.
52.

Based on this erroneous interpretation of the law, Judge Vaughey granted Mr.

Kimberlins petition and forbade Mr. Walker from writing about Mr. Kimberlin in any forum for
six months.
53.

Unbeknownst to Mr. Walker, Mr. Kimberlin had also filed for criminal charges

just before that hearing. In his application for criminal charges, he falsely claimed Mr. Walker
had violated the peace order. He claimed that he was receiving death threats by third parties, but
made no effort to explain how Mr. Walker was responsible for them, just that Mr. Walker had
other people make such threats. In essence, he claimed someone else had committed a crime but
Mr. Walker should be held responsible. He did not allege that Mr. Walker conspired with them,
aided them, served as an accessory to them, or any other recognized theory of third party
liability. Instead, he alleged that because Mr. Walker wrote negative stories about him that
somehow Mr. Walker caused these threats and, therefore, engaged in harassment in violation of
the temporary peace order. The Commissioner, acting contrary to law, decided to charge Mr.
Walker as a result of the alleged conduct of third parties for which Mr. Walker was not even
alleged with any particularity to be responsible.
54.

As a result, at the end of the peace order hearing, Mr. Walker was shocked to find

out that he was being arrested. He submitted to this humiliation without incident. Fortunately,
he was released without bail that afternoon, but in the meantime and in subsequent days the story
erupted all over the news. It was covered as far as Canadathe news that an American court
had arrested a man for engaging in free expression and had forbidden from speaking freely in the
future.

20

55.

This decision was so wrong that a stay was granted on June 25, 2012, by Judge

Rupp before the full appeal could be heard. In his order granting a stay, Judge Rupp cited
Brandenburg by name and restored Mr. Walkers right to engage in protected, non-harassing
speech about Mr. Kimberlin. Still, the State of Maryland had committed a serious trespass
against Mr. Walkers freedom of speech, at Mr. Kimberlins urging.
56.

On the same day that the stay was granted, Mr. Walker was SWATted, just as Mr.

Frey had been. That is, someone called the Prince William County Police Department, falsely
claimed to be Mr. Walker, and falsely confessed to shooting his wife. Fortunately, Mr. Walker
had warned the local police that this might happen and Mr. Walker and his wife were in no
danger when the police showed up with M4 carbines at his door to make sure everyone was safe.
The Walkers were inconvenienced, and Mrs. Walker was shaken up by the whole thing, but they
were in no danger. Mr. Walker firmly believes the SWATting was ordered by Mr. Kimberlin in
retaliation for his victory in court that day.
57.

With Mr. Walkers most essential freedom of speech restored, an appeal of the

remainder of Mr. Kimberlins peace order was heard by Judge Rupp on July 5, 2012. Judge
Rupp found that Mr. Kimberlin had presented no evidence that Mr. Walker had harassed Mr.
Kimberlin, finding that Mr. Walkers writings to the public at large could not be harassment
under Maryland law.
HOW MR. KIMBERLIN STALKED MR. WALKERS WIFE
58.

Upon information and belief, at about this time William Schmalfeldt entered Mr.

Kimberlins employment, either in Mr. Kimberlins personal capacity, or as an employee of one


or more of Mr. Kimberlins non-profits. Upon information and belief, he was hired to harass Mr.
Kimberlins critics.

21

59.

First, on May 29, 2012, after Mr. Walker was arrested on false charges and

shackled with a peace order that forbade Mr. Walker from discussing Mr. Kimberlin, Mr.
Schmalfeldt contacted Mr. Walker via Twitter and attempted to induce him into breaching this
order. That is, knowing that Mr. Walker cannot speak or write about Mr. Kimberlin without
violating this unconstitutional order Mr. Schmalfeldt asked Mr. Walker to explain what the
controversy was all about. Suspicious, Mr. Walker suggested websites he could read without
mentioning Mr. Kimberlin by name.
60.

Subsequently, Mr. Schmalfeldt went on to reveal that he was fully in Mr.

Kimberlins camp, writing defamatory items about Mr. Walker and others. He falsely accused
Mr. Walker of sending a third party named John Norton to enter the property Mr. Kimberlin lived
on and photograph Mr. Kimberlin and his younger daughter.10 He also focused his defamation on
Mr. Walkers friend and reporter Lee Stranahan, falsely accusing Mr. Stranahan of creating child
pornography and of prostituting his wife based on no evidence. When Mr. Stranahan attended
the Democratic National Convention in 2012, another person believed to be employed by Mr.
Kimberlin suggested that while Mr. Stranahan is away that criminals be sent to Mr. Stranahans
home to rape his wife. Mr. Schmalfeldt defended this conduct by saying that the writer had not
actually given away their home address; then he proceeded to publish their home address. Later,
10 In a peace order hearing against John Norton the court found that Mr. Norton did not enter the
property Mr. Kimberlin lived on. As for his connection to Mr. Walker, the entirety of Mr.
Kimberlins evidence is that Mr. Norton and Mr. Walker both live in Virginia, and supposedly
very close. Mr. Norton lives in Fairfax County (population estimated at 1.4 million), and Mr.
Walker lives in Prince William County (population estimated at 440,000). According to Google
maps, Mr. Norton actually lives three miles closer to Mr. Kimberlin than Mr. Walker. Mr.
Schmalfeldts accusation was even thinner than that: he claimed Seth Allen had done the
supposed trespass because Mr. Allen noticed that Mr. Norton published it online and stated that
someone else had published it, leading Mr. Schmalfeldt to the illogical conclusion that Mr. Allen
had taken the picture and further because Mr. Walker was Mr. Allens lawyer, he must have
advised him to do it. This obviously is an illogical leap of logic not warranted by the facts.
22

the Stranahan family experienced tragedy when Mrs. Stranahan attempted to give birth to twins,
only for one of the children to die in the process. Mr. Schmalfeldt repeatedly contacted and
hectored Mrs. Stranahan, falsely accusing her of causing her childs death. He even filed a false
report to child protective services claiming that his other children were neglected. In regards to
Mr. Walker, Mr. Schmalfeldt continued to directly contact Mr. Walker despite being told to leave
him alone. He made numerous threats against Mr. Walker. At one point, he suggested that Mr.
Walker deserved to be beaten and said that he would provide Mr. Walkers home address to
anyone who asked.
61.

Believing this to be criminal harassment in violation of MD. CODE Crim. L. 3-

803, Mr. Walker went to the Howard County District Court and took two actions. First, he filed
an application for criminal charges with the Commissioner. Second, he filed for a peace order.
While he was waiting for his peace order to be heard, Mr. Kimberlin learned that Mr. Walker was
at the courthouse and drove there immediately.
62.

Mr. Walker saw Mr. Kimberlin there before Mr. Kimberlin saw Mr. Walker. Mr.

Walkers wife was with him, and he wanted to keep her away from Mr. Kimberlin. So, believing
that Mr. Kimberlin was merely there to observe the hearing, Mr. Walker told his wife to wait in
the car, and she did so, waiting in the passenger seat. Mr. Kimberlin came into the courthouse,
but he slipped out without Mr. Walker knowing. He approached Mr. Walkers car and reached
out with his hand as though to do something with it. Mr. Kimberlin has a history of setting a
bomb on a car. He saw Mrs. Walker in the passenger side mirror. He circled the car and then
walked away to his car parked directly behind the Walkers car. Mrs. Walker repeatedly tried to
contact Mr. Walker in a panic, but Mr. Walkers cell phone had poor reception where he was. Mr.
Kimberlin drove around and parked in front of the Walkers car, directly in front of Mrs. Walker.

23

He used his iPhone to take several pictures of her, and then parked nearby to observe. Soon
after, Mr. Walker learned what was happening and came outside to his wife. He reported the
incident to the police as Mr. Kimberlin fled the scene.

Shortly thereafter, Mr. Kimberlin

published those photos of Mrs. Walkertaken without her consenton the Internet.
63.

When Mr. Walker asked for authorities in Howard County to prosecute Mr.

Kimberlin for this stalking, Assistant States Attorney Jim Brewer refused and said that if you
are so concerned for your safety, dont come to Maryland.
MR. WALKER ATTEMPTS TO AID MRS. KIMBERLIN AS AN ATTORNEY, AND MR.
KIMBERLIN ATTEMPTS TO CONVINCE MARYLAND THAT IT IS A CRIME
64.

Mr. Kimberlins use of the instrumentalities of Maryland law to abuse his targets

has not been limited to strangers. For instance, around November of 2012, Brett Kimberlins
wife, Tetyana Kimberlin, separated from him. Around June of 2013, Mrs. Kimberlin and a
paramour named Jay Elliott chose to go on a vacation together. Mr. Kimberlins anger when he
learned of this was understandable, but his response was inappropriate. First, he fired Mrs.
Kimberlin from her part-time job with his non-profits. Since Mrs. Kimberlin and Mr. Elliot were
in a company car, he demanded that they come back from vacation immediately to return the car.
When they refused, he filed a false report of auto theft. He went on to file an application for
charges against Mr. Elliott with that alleged theft and to file a peace order petition against Mr.
Elliott. Mr. Kimberlin tried to get Mr. Elliott fired from his job and eventually succeeded. He
attempted to get Mrs. Kimberlin fired from her full-time daycare job, evicted from her
apartment, and tried to cause her to lose her car, with partial success. Mr. Elliott and Mrs.
Kimberlin in turn sought a peace order and protective order, respectively. Mrs. Kimberlin
particularly stated that her husbanda violent felonhad threatened her and was keeping her
from seeing her children. Mr. Kimberlin retaliated against her by filing a false petition to have
24

her committed to a mental institution, resulting in her arrest at the protection order hearing. In
other words, she came to the state for protection and ended up in handcuffs, due to his false
petition. Fortunately, and to the credit of Judge Mitchell presiding, she was released within
approximately fifteen minutes.
65.

Mrs. Kimberlin tried to get custody of her children from Mr. Kimberlin. She was

understandably very anxious for their safety and explained the reason for her fear in court
documents. After discussing some of his criminal background, she explained the crux of her
fears as follows (paragraph numbers omitted):
Brett Kimberlin is a pedophile. I met Brett Kimberlin when I was fourteen years
old in Ukraine. He transported me to Maryland when I was fifteen years old, for
the purpose of enticing me into sex and marriage. When in Maryland and while I
was fifteen years old, he had vaginal intercourse and sexual contact with me on
over fifty occasions. He was over forty years of age at the time and therefore
such conduct was in violation of MD. CRIMINAL LAW Code 3-307, constituting
sexual offense in the third degree, then codified as Maryland Code Art. 27,
464B.
At the same time that Kimberlin was having sex with me literally every day, my
cousin Tetyana Vereitenova was also staying in his house. She was twelve at this
time. I personally witnessed Brett Kimberlin attempt to seduce her, in violation of
MARYLAND CRIMINAL LAW CODE 3-310 and 3-312, constituting attempted rape
in the second degree and attempted sexual offense in the second degree,
respectively.
Moreover, he married me when I was sixteen years old. However, instead of
following the procedures set out in MD. FAMILY LAW Code 2-301, Brett
Kimberlin forged a birth certificate for me, falsely asserting I was at least 18 years
of age. He used that forged document to obtain our marriage license.
Further, Brett Kimberlin has long been suspected of other sexual misconduct with
underage girls. In his book, CITIZEN K: THE DEEPLY WEIRD AMERICAN JOURNEY
OF BRETT KIMBERLIN, veteran journalist Mark Singer wrote that Brett Kimberlin
became romantically involved with a pre-pubescent girl Singer referred to as
Jessica Barton (real name, Debbie):
For three consecutive summers, 1974 through 1976 [when the
child was aged ten through fourteen], they took vacations of a
week or longer in Disney World, Mexico, and Hawaii. Sandi [her
25

mother] couldnt get time off from work, so on these summer trips
it was just the two of themBrett and Jessica.
Eyebrows levitated. A drug-dealing colleague had memories of
conversations with Kimberlin that struck him as odd: Wed see a
girl who was pubescent or prepubescent, and Brett would get this
smile and say, Hey, what do you think? Isnt she great? It made
me very uncomfortable. Another recalled Kimberlin introducing
Jessica as my girlfriend, and if irony was intended, it was too
subtle to register. To a coworker at IU-PUI, Sandi confided that
Kimberlin was grooming Jessica to be his wife.
Page 78. This girl was ten years old when they met, fourteen years old when
Brett Kimberlin left her life. It was believed by the police that ultimately it was
his romantic love for this child that led him down the chain of decisions which
culminated in the Speedway Bombings.
Indeed, I personally witnessed evidence that he had a sexual relationship with
Debbie/Jessica Barton. He disclosed to me that she was his girlfriend and
showed me pictures of them together. In some of those pictures, Mr. Kimberlin
was naked. In others, Debbie Barton was naked. Combined with my own
experiences, and his attempts to seduce my then-twelve-year old cousin, I
consider the suspicion that he had sex with this underage girl to be highly
credible.
[Ed: Very personal information about the Kimberlins that was included in the
original version of this complaint, but has been omitted in the version I uploaded
to Scribd.]
Further, Brett Kimberlin has threatened me with physical harm if I should ever
seek custody of my children, saying that you will see what will happen to you if
I tried to lawfully obtain custody. Given his past as a violent bomber, I take those
threats very seriously.
66.

During this time, as Mrs. Kimberlin fought to get her daughters away from a

violent bomber with a past history of pedophilia, she reached out to Mr. Walker and his friend,
William John Joseph Hoge III, because both men were willing to stand up to Mr. Kimberlin. Mr.
Walker offered Mrs. Kimberlin free legal advice (his representation limited by the fact he is not a
Maryland attorney), and Mr. Hoge set up a legal fund to hire local counsel for Mrs. Kimberlin,
which Mr. Walker promoted.

That promotion included articles on the Internet, and Mr.


26

Kimberlin was aware of them. For these peaceful, lawful acts, Mr. Kimberlin filed another
application for charges for harassment against Messrs Walker and Hoge, on or about July 30,
2013. By this time, the States Attorney of Montgomery County had written a letter to the
Montgomery County Commissioner requesting that they stop accepting charges from Mr.
Kimberlin. In spite of this warning and all of the other reasons to doubt Mr. Kimberlins
veracity, the Commissioner filed charges against Messrs. Walker and Hoge.
67.

These charges were eventually nolle prossed. However, witnessing the continued

abuse of the Maryland legal system by Mr. Kimberlin, and facing threats of violence by Mr.
Kimberlin while the state of Maryland took no steps to protect her, upon information and belief,
Mrs. Kimberlin decided she could no longer fight her husband and gave up. She fled the
jurisdiction and lived for a time, upon information and belief, in the Midwest. Upon information
and belief, Mr. Kimberlin was allowed to retain sole custody of their children.
MR. KIMBERLIN FILES THREE ABUSIVE LAWSUITS AGAINST MR. WALKER AND
AROUND TWO DOZEN OTHER PEOPLE
68.

On August 30, 2013, shortly after Mrs. Kimberlin gave up on her efforts to win

custody of her children and hold him responsible for his underage sexual encounters with her,
Mr. Kimberlin filed suit against Mr. Walker and eventually five other defendants.

Those

defendants (besides Mr. Walker) were Mr. Hoge, Robert Stacy McCain (a veteran journalist), Ali
Akbar (a political activist), and an anonymous writer on the Internet named Kimberlin
Unmasked who he claimed was Lynn Thomas and Peter Malone.

That case was styled

Kimberlin v. Walker, et al., No. 380966V (Md. Mont. Co. Cir. Ct. 2013).
69.

The case claimed that Mr. Walker and certain other defendants defamed him by

stating that 1) Mr. Kimberlin cost Mr. Walker his job, 2) Mr. Walker didnt assault Mr. Kimberlin
and Mr. Kimberlin attempted to frame him for that crime, 3) that Mr. Kimberlin is a pedophile,
27

5) that Mr. Kimberlin seduced Mrs. Kimberlin when she was fourteen years old (and he was in
his forties) in Ukraine and continued that sexual relationship until she became of age, including
sexual encounters when she was fifteen years old and in the state of Maryland; and that he
attempted to seduce Mrs. Kimberlins then-twelve-year-old cousin, also in Marylands territorial
limits. He further claimed that such allegations placed him in a false light, that Mr. Walker and
others had engaged in malicious prosecution, that he and others engaged in abuse of process,
stalking, harassment and intentional infliction of emotional distress. All but the claims for false
light and defamation were dismissed in a summary judgment hearingwhich means that Mr.
Kimberlin had literally no evidence to support at least one element of each claim (in the case of
harassment and stalking, these were found not to be even torts). Meanwhile, after a two day
trial, this Court found a similar failure of evidence. Judge Johnson found that [t]heres not one
scintilla of evidence in this case that the statements that were made by these individuals were
false and granted a directed verdict on that finding.
70.

In addition to that, Mr. Kimberlin filed a highly duplicative lawsuit in Federal

Court claiming that Mr. Walker and around two dozen individuals and entities, ranging from talk
show host Glenn Beck, to syndicated columnist Michelle Malkin, the news site Breitbart.com,
and book publisher Simon and Schuster were in a racketeering mafia organized about saying
bad things about him on the Internet.
71.

In that suit, Mr. Kimberlin alleged violation of the Racketeering Influenced and

Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq, 42 U.S.C. 1983, 42 U.S.C. 1985,
as well as state-law claims of defamation, false light invasion of privacy, tortious interference
with an existing contract, tortious interference with business relationships, battery, and
intentional infliction of emotional distress. The RICO case was based in part on alleged mail and

28

wire fraud, in an attempt to convert what is ordinarily seen as mere defamation into a civil charge
under a criminal statute. The false statements at issue were highly duplicative. He claimed that
Mr. Walker and other defendants in that case defrauded the public by claiming that 1) he cost Mr.
Walker his job, 2) Mr. Walker did not assault Mr. Kimberlin and 3) that Mr. Kimberlin was
responsible for the spate of SWATtings, that including the crime committed against Mr. Walker.11
72.

That case was initially captioned Kimberlin v. National Bloggers Club, et al. (I),

No. GJH-13-3059 (2013) (hereinafter Kimberlin v. NBC (I) (because there is another case with
that caption)). On March 17, 2015, that case was dismissed in nearly every part. The RICO
claims and the 1985 claims were dismissed for failure to state a claim. The 1983 claim,
advanced solely against Mr. Frey, was allowed to proceed to discovery (which is where the case
is at present). Finally, the court declined to exercise supplemental jurisdiction under 28 U.S.C.
1367 over the state law claims12 and dismissed those claims.
73.

So, in relation to the RICO claims and the 1985 claims against Mr. Walker, Mr.

Kimberlin didnt even allege that sufficient evidence existed to go forward in the case. Indeed,
Mr. Kimberlin confessed he lacked an evidentiary basis when he filed an improper interlocutory
appeal before the Fourth Circuit Court of Appeals, stating that one of the questions supposedly
presented by the case was:

11 The case also concerned the suspicious SWATtings of Patrick Frey and Erick Erickson, two
other people who had publicly criticized Mr. Kimberlin, whom he named as defendants in this
suit. In addition to those two defendants, Mr. Hoge has been threatened with SWATting by a
person using the same ip address as Mr. Kimberlins self-described friend William
Schmalfeldt. Further a commentator named Eric Rush was SWATted on the same evening he
was seen arguing on the internet with Schmalfeldt, and another critic of Brett Kimberlin, Mike
Stack, was also SWATted, although neither man was named as a defendant in that case.
12 The Court did not have original jurisdiction over those state-law claims because there wasnt
complete diversity between the Defendants and the Plaintiff, because the Plaintiff and Mr. Hoge
are both Marylanders.
29

II.Whether the District Court erred in dismissing two counts of the Complaint
under F.R. Cv. P. 12(b)(6) [sic] prior to discovery that would have
provided the evidentiary basis for the counts.
If discovery supposedly would have provided evidentiary basis, then Mr. Kimberlin plainly
didnt have an evidentiary basis when he filed suit. Kimberlins appeal was dismissed by the
Fourth Circuit on June 16, 2015.
74.

Following the dismissal of that suit, Mr. Kimberlin re-filed the state claims as a

new lawsuit styled as Kimberlin v. National Bloggers Club, et al. (II), No. 403868V (Md. Mont.
Co. Cir. Ct. 2016). Mr. Walker currently has an unopposed motion to dismiss pending in that
case. He expects that case to be dismissed soon, as is required under MD. CODE Cts. & Jud.
Proc. 5-807(d)(1).
75.

Each of these lawsuits cost Mr. Walker money in terms of PACER charges

(because the Plaintiff often refused to serve papers on Mr. Walker), travel expenses, printing
expenses, lost opportunity as he had to spend time on this baseless litigation instead of working
for paying clients, and in the case of Kimberlin v. Walker, et al., he retained an attorney who
deserves to be paid for his time.
MR. KIMBERLIN TRIES TO USE HIS DAUGHTER AS A HUMAN SHIELD
76.

Recently, Mr. Kimberlin hit on a new strategy, using his elder daughter as a

human shield to try to shut up his opponents, arguing that somehow writing bad things about
him to a general audience on the internet amounted to harassment of his minor daughter, referred
to here as K.K. He first used this theory in a pair of peace order hearings against Mr. Hoge,
both of which were unsuccessful.
77.

He then convinced his wife, Tetyana Kimberlin, to file charges against Messrs.

Walker and Hoge, under Md. Code Crim. L. 3-805(b)(2). Considering that Mrs. Kimberlin had

30

previously reported that Mr. Kimberlin had physically threatened her, that Mr. Kimberlin was
keeping the children from seeing Mrs. Kimberlin, and that she had seen the state of Maryland
utterly fail to hold her husband accountable for his criminal conduct or help her to obtain custody
of her children, it appears to be likely that she did this under duress, or in exchange for access to
her children. This is why Mr. Walker has given Mrs. Kimberlin enough of the benefit of the
doubt to avoid seeking monetary damages against Mrs. Kimberlin, but is still seeking injunctive
relief to prevent her from doing it again.
78.

Regardless, it is obvious on the face of the documents that the Application for

Statement of Charges against Messrs. Walker and Hoge were filed on Mr. Kimberlins behest.
Mr. Kimberlins name is scratched off the first page, and the phone number given is Mr.
Kimberlins. The attached page describes it as a Statement of Tetyana and Brett Kimberlin and
the language from the complaint closely mirrors other writings that were verifiably written by
Mr. Kimberlin.
79.

The Application contains numerous falsehoodsmore than can be outlined here.

A few representative examples will suffice. For instance, on the second typed page of the
Application, it states that [t]hey have said that [K.K.] is a proper target for harassment because
of corruption of blood. Mr. Walker not only didnt say that, he said the opposite. As Mr.
Walker said in the August trial of Kimberlin v. Walker, et al. when confronted with the same
accusation:
Q [Kimberlin]:

Have you stated on your blog that people have a right to


attack my daughter because of corruption of blood?

A [Walker]

No, I have literally said the opposite of that. I said one of


the things that makes this country great is that we judge
people by them, not by who your father is, not by who your
daughter is, not by anything. And I talked about how in the
treason clause they do away with the principle of the
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corruption of the blood. I specifically cite that as an


example what makes America great. We do not judge
people by race, religion or who your parents are, even when
youre a traitor. We do not judge your children by your
treachery, even when youre a terrorist.
Indeed, the original post where Mr. Walker first made this point, Mr. Walker explains that he was
sharing with his readers public documents, but that I will as usual be redacting personal
information from it, as well as any information about [Brett Kimberlins] eldest daughter. That
is, even though the information is public, Mr. Walker still redacted some information to protect
the privacy of the Kimberlinsgoing as far as never to mention K.K.s real name on his blog.
When explaining why Mr. Walker believed in being decent toward the children of a man who has
been tormenting him for years with false charges, peace order petitions and lawsuits, Mr. Walker
wrote:
For me, one of the great underappreciated clauses of our Constitution is in the
Treason clause. It says: but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person attainted. The second
part of that is fairly easy to understand, but what about the first[?] What the hell
do they mean by the corruption of the blood?
Well, the answer is they are saying you cannot punish the family of a traitor as
though they were traitors, too. It is a talisman of what makes this country great.
Fundamentally we dont care who your ancestors were. They could have been
kings, they could have been beggars. They could have been heroes and they
could have been terrorists. We dont care. Because you are judged as you.
So not knowing this girl, she enjoys the presumption of innocence that belongs to
all strangers. Given the way Brett Kimberlin lies about everything, I have no
reason to think he is telling her the truth about what is going on and therefore I
have no reason to think she approves of what is actually happening here. If she
knew the truth she would know that her father has been working for years to
suppress the truth about his illegal and immoral conduct, and his criminal and
immoral conduct, combined with his attempt to silence his critics, has brought all
this attention on this family.
But allegedly a few people have harassed her online, on her facebook and the like.
There is always concern, of course, that Brett or his allies might be faking a lot of
that behavior. But regardless, if any person draws any negative conclusion about
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her based on her father, they are not being charitable enough. They are forgetting
that even when we are talking about Benedict Arnold, we do not hold the child
responsible for the conduct of the father.
(Internal hyperlinks omitted). Every other time Mr. Walker has discussed the concept of the
corruption of the blood, he has either done so to reiterate that point or to point out where Mr.
Kimberlin has previously lied about what he said. 13 So, far from saying K.K. should be targeted
because of her fathers vile behavior, Mr. Walker has made an eloquent and morally persuasive
argument that she should not be. He has said literally the opposite of what the Application
claims.
80.

In another example of the dishonesty in the Application, on the bottom of the first

typed page, Mrs. Kimberlin complains that [t]hey have posted comments on blog posts talking
about [K.K.]s titties and falsely insinuated sexual abuse. First, this passage is not accusing
Messrs. Walker or Hoge of talking about K.K.s breasts or any potential sexual abuse, but that
they commented in a discussion where it was mentioned without any attempt to describe their
contribution to that discussion.

Thus, the Application is attempting to practice guilt by

association without any attempt to explain how Messrs. Walker and Hoge could be held
responsible for the words of third parties.
81.

However, Mr. Walker has found the post in question.

What the relevant

discussion concerns is a music video created by K.K. and unknown others called Whisper.
The discussion of her breasts was in the context of discussing how K.K. wore an extremely lowcut blouse in that video and leaned forward through about half the video, displaying her
cleavage. The entire video can be viewed at https://www.youtube.com/watch?v=T6uy-kkqeP0.
Because the video was published when K.K. was only fifteen years old, one commenter quite
13 Mr. Hoge has similarly only mentioned the concept of the corruption of the blood to point out
that Mr. Kimberlin had lied about what Mr. Walker said.
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reasonably was repulsed by what they called a titty shot and others voiced the concern that an
adjudicated pedophile was sexualizing his underage daughter. This is an entirely valid (albeit
crude) and reasonable criticism of this video that K.K. and her family has put before the public,
and it is protected opinion under the First Amendment. As if all of that was not ridiculous
enough, the very first comment by Mr. Hoge after these statements were made was Please leave
Miss Kimberlin alone.14 So according to the Application, it was somehow criminal for Mr.
Hoge to ask people not to talk about K.K.! So while there is no literal lie in that passage, the
phrasing betrays a deliberate intent to deceive.
82.

The remainder of the Application falls into those two categorieseither outright

lies, or statements deliberately designed to deceive. If Mr. Kimberlin had instructed his wife to
tell the truth, and the whole truth, in regards to every allegation, no charges would have been
filed. And the ultimate chargethat we have harassed his daughteris false.
83.

Mr. Walker attempted to file a version of this complaint on Monday, June 22,

2015, but inadvertently forgot to sign it, causing it to be returned the following Thursday (June
25). By this time, Messrs. Walker and Hoge learned that these latest criminal charges were nolle
prossed allowing this paragraph to be added.
COUNT I:
Malicious Prosecution
(Brett Kimberlin Only)
84.

The Plaintiff re-alleges paragraphs 1-82.

85.

Mr. Kimberlin, angered by Mr. Walkers lawful representation of his opponents in

legal disputes (Mr. Allen, Mrs. Kimberlin and others), Mr. Walkers peaceful and lawful writings
critical of Mr. Kimberlins criminal and immoral conduct has filed five malicious civil lawsuits
14 Meanwhile, Mr. Walker does not comment on the post at all, in keeping with Mr. Kimberlins
overall pattern in litigation of saying they when he often is only referring to one person.
34

(to peace order suits and three ordinary suits) and four malicious criminal charges. Thus in each
case:
a. There has been a prosecution of civil suits and criminal case initiated by Mr. Kimberlin against
Mr. Walker;
b. In all but the most recent civil suit they were all terminated in favor of Mr. Walker;
c. Each of these cases were brought without probable cause;
d. These cases were initiated with malice, or a purpose other than bringing Mr. Walker to justice.
e. This conduct caused Mr. Walker damages.
86.

Accordingly, for all of the criminal charges and all but the most recent civil suit a

claim lies for malicious prosecution. Mr. Walker further expects that most recent civil suit will
shortly be concluded in his favor, and, thus, Mr. Walker is very likely to be able to amend this
complaint to include it in his malicious prosecution count.
87.

As a result of such retaliatory civil and criminal prosecution, Mr. Walker lost

approximately $12,400 in legal fees.

Since these actions infringed on Mr. Walkers

constitutional rights, he seeks $200,000 per instance in compensatory damages including pain
and suffering, and $1,000,000 punitive damages.
COUNT II:
Abuse of Process
(Brett Kimberlin Only)
88.

The Plaintiff re-alleges paragraphs 1-87.

89.

As stated above, Mr. Kimberlin used the processes of this Court in order to

subpoena Mr. Walkers personal information, absurdly claiming to need him as a witness against
his own client. Further, once he got that information, he repeatedly attempted to place that
information into the public record so that his allies would publish it to the world at large.

35

90.

In doing so Mr. Kimberlin acted with an ulterior purpose; he engaged in a willful

act in the use of process not proper in the regular conduct of the proceeding.
91.

Such abuse of process damaged Mr. Walker by 1) opportunity costs in terms of

time wasted fighting this abuse of process when he could have been working for paying clients,
2) legal costs of his attorney at that time, Beth Kingsley, 3) costs associated travel and producing
documents need to fight this effort, and 4) pain and emotional suffering. Mr. Walker asks for
$100,000 in compensatory damages and $1,000,000 punitive damages for such abuse of process.
COUNT III:
False Imprisonment
(Brett Kimberlin Only)
92.

The Plaintiff re-alleges paragraphs 1-91.

93.

On May 29, 2012, Mr. Walker was arrested.

94.

That arrest deprived of his liberty without his consent (although he did not resist

95.

Such deprivation of liberty was without justification because it was based on the

arrest).

falsehoods of Mr. Kimberlin in filing a false Application for Statement of Charges.


96.

Because the arrest was based on Mr. Kimberlins false and malicious statements

to the commissioner, this deprivation was caused by Mr. Kimberlin.


97.

Such deprivation of Mr. Walkers liberty caused him emotional pain and

embarrassment and represented a trespass upon him, causing him damage. Accordingly, Mr.
Walker seeks $200,000 in compensatory damages and $1,000,000 punitive damages.
COUNT IV:
INJUNCTION
(Brett and Tetyana Kimberlin)
98.

The Plaintiff re-alleges paragraphs 1-97.

36

99.

The previous paragraphs establish that the Kimberlins have been abusing the

court system in an attempt to silence Mr. Walker and punish him for lawful representation for
over three years repeatedly violating, and attempting to violate Mr. Walkers legal rights. They
have filed misleading charges, peace order actions, and malicious and frivolous lawsuits. This
behavior is likely to be repeated in the future, and while some of the harm can be repaired by an
award of monetary damages, the only way to allow Mr. Walker to get back to his ordinary life is
injunctive relief.
100.

While this Court is free to fashion whatever remedy it wants, Mr. Walker offers

the following suggestions:


a. A prohibition against lying by the Kimberlins in any Application for Statement of Charges (or
any other legal document);
b. A prohibition against misleading statements by the Kimberlins in any Application for Statement
of Charges (or any other legal document);
c. A requirement that every factual allegation made the Kimberlins in a legal document be backed
up by admissible evidence;
d. That the Kimberlins be barred from ever claiming again that Mr. Walker assaulted or battered
Mr. Kimberlin on January 9, 2012, in any legal document;
e. That before the Kimberlins can file any more criminal charges or any civil action, they must
obtain preclearance from this Court requiring them to show the evidentiary basis of any factual
claims;
f. That Mr. Kimberlin be prohibited from testifying in any hearing in Maryland (including ex parte
hearings) or, in the alternative, that Mr. Kimberlin be prohibited from testifying without first

37

informing the court that he is a convicted perjurer ordinarily prohibited from testifying (allowing
him to argue that the statute shouldnt be applied for whatever reason);
g. That the Kimberlins be prohibited from seeking any further unconstitutional prior restraints on
Mr. Walkers speech;
h. That Mr. Kimberlin be prohibited from any activity designed to intimidate Mr. Walker, his wife,
or their respective families; and/or
i. Any other relief this Court deems appropriate.

WHEREFORE, the Plaintiff requests an award of compensatory damages against Defendant


Brett Kimberlin $200,000 per instance of malicious prosecution; compensatory damages of
100,000 for abuse of process; $200,000 compensatory damages for false imprisonment;
punitive damages of $3,000,000 for all three causes of action; injunctive relief designed to
prevent future false charges and vexatious peace orders ,and litigation; and any and all relief this
Court deems just and equitable.

Dated: Thursday, June 25, 2015


Respectfully submitted,

Aaron Walker, Esq.


[redacted]
Manassas, Virginia 20109
[redacted]
AaronJW1972@gmail.com
(No fax)
Virginia State Bar #48882

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