The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

‘Speedway Bomber’ Update: Brett Kimberlin Is Still Guilty! Guilty! Guilty!

Posted on | January 7, 2022 | No Comments

John Hoge was the first to notice that the 7th Circuit Court of Appeals had denied Brett Kimberlin’s attempt to overturn his 1981 convictions in the Speedway bombing case. I didn’t react immediately because, of course, there was no valid reason to overturn his convictions and anyone familiar with Kimberlin’s track record as a pro se litigant knew he was going to lose. And so I didn’t mention this latest in the long string of defeats for Wile E. Coyote and the Acme School of Law. In November 2020, the District Court dismissed his case with brutal sarcasm:

Kimberlin has received an abundance of process. He had three trials, and at least four direct appeals, five collateral attacks, and four habeas petitions. … Put differently, “Kimberlin is no stranger to appellate proceedings.” United States v. Kimberlin, 898 F.2d 1262, 1264 (&th Cir. 1990) (Kimberlin VII). As of 1990, he had “averaged two appeals per year in [the Seventh Circuit] over the last decade.” Id.
Now he is back. Decades after his convictions, Kimberlin returns for another inevitable round of litigation. Dispersed over at least 10 filings, he launches a fusillade of claims — complete with typical conspiratorial bent — that range from merely incorrect to actually misleading. He does so under the writ of coram nobis — “[the] criminal-law equivalent” of a “Hail Mary pass.” United States v George, 676 F.3d 249, 251 (1st Cir. 2012). None of his passes finds a target.

The clown show of his appeal got similarly rebuffed by the appeals judges, who flatly state that “Kimberlin’s arguments . . . are meritless.”

Hat-tip to Instapundit for mentioning my own personal connection to Kimberlin, who sued me and a bunch of other people and — you guessed it — lost. Because that’s what losers do. They lose.




 

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