Posted on | January 4, 2014 | 14 Comments
That is Bill Schmalfeldt’s clumsy summary of certain allegations made by Brett Kimberlin in the Maryland lawsuit Kimberlin v. Walker, et al., but Schmalfeldt doesn’t say this, does he? No, he cites no source for these claims, but merely repeats them as if they were statements of fact, which can be dangerous. Is the irony here intentional? John Hoge doesn’t seem to care for ironic interpretations:
That tweet accuses Aaron Walker and me of stealing money. Theft is a crime. If Bill Schmalfeldt has evidence that I have stolen money, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.
That tweet accuses Aaron Walker and me of attempting to force someone to commit perjury. That is a crime also. If Bill Schmalfeldt has evidence that I have attempted to force someone to commit perjury, he should give that information to law enforcement. If he doesn’t, he would be well advised to publish a retraction.
It’s an odd thing: Brett Kimberlin can allege any damned thing he wants in a lawsuit without any risk that a false allegation would be deemed libelous, even while his Maryland suit would seem to rest on his claim that persons reporting on legal actions against Kimberlin thereby commit defamation, harassment, stalking, etc.
Meanwhile, ignoring Kimberlin’s own unusual theory of defamation, Schmalfeldt treats the allegations made in Kimberlin’s legal actions as if they were gospel truth, and without any apparent fear that Hoge or Walker might sue for defamation.
There is a problem, however, which any reader of Sherlock Holmes mysteries would recognize as the dog that did not bark.
As Hoge says, perjury and subornation of perjury are both criminal offenses — not civil torts — and if the sworn statements which Tetyana Kimberlin made in her criminal complaint of July 29 were deliberate falsehoods, why isn’t the state of Maryland prosecuting Brett Kimberlin’s wife for the crime of perjury? Furthermore, if one believes Brett Kimberlin’s claim that Hoge and Aaron Walker somehow influenced Tetyana to make statements which Hoge and Walker knew to be false, why is the state of Maryland not prosecuting them for that crime?
In case you have forgotten the charge in this alleged effort “to force Tonya Kimberlin to perjure herself,” of which Bill Schmalfeldt wishes to remind his readers, here is the July 29 complaint:
The charge was subsequently dropped, for reasons that were never fully explained to me. However, the only people who accuse Tetyana Kimberlin of having perjured herself are (a) Brett Kimberlin, and (b) Bill Schmalfeldt, although for some reason neither of them seems interested in a criminal prosecution of that case.
What we have instead is a $1 million civil suit, in which I am named as a defendant because . . . Well, why do you think this is?
Bill Schmalfeldt says I am dragging Tetyana Kimberlin “through the mud once more,” but he’s the one accusing her of perjury! And it was Bill Schmalfeldt who recently raised the subject of how, he says, Tetyana was enticed “to run off with a PIZZA BOY!”
So if I quote Bill Schmalfeldt, I’m defaming Tetyana?
The rule seems to be that Bill Schmalfeldt can write anything he wants about anyone and never suffer consequences, but if you dare quote him, you’ve committed a hateful atrocity. Whatever.
— ? (@OwainPenllyn) January 4, 2014
Here is an allegation from the Kimberlin v. Walker, et al., lawsuit:
What I find interesting about this allegation is that it involves only Walker and Hoge. I have never filed a civil suit, a peace order or a criminal charge against Brett Kimberlin and yet find myself a defendant in this lawsuit. It seems to be Kimberlin’s theory that I have somehow conspired with Walker and Hoge in these “false, malicious filings” from which they have allegedly “enrich[ed] themselves.”
Kimberlin’s conspiracy theory is false, and if either Hoge or Walker have been enriching themselves, they’ve managed to keep it a secret from me. Certainly, I’ve never seen them cruising around in Ferraris or lighting their Cohibas with $100 bills. Meanwhile, however, Bill Schmalfeldt has doubled down on stupid, making more unsourced accusations against Walker, Hoge and Ali Akbar.
Save some of those Cohibas for me, you guys.