Category: Blogging

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.
Very soon.

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:

Charges State v Kimberlin (Redacted)

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.

Oedipal Bill Schmalfeldt Liberal Urinal Cakes For Maryland Courthouses http://t.co/H80cBYOIHY #BrettKimberlin

— ? (@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.

 

BOMBER SUES BLOGGERS

 

Kimberlin Unmasked called attention to a bizarre recent post in which Bill Schmalfeldt indulged in a violent revenge fantasy:

If two shitheads like Aaron Walker and John Hoge did what they did to Tetyana Kimberlin, they would have been visited at their homes by the Schmalfeldt brothers. It would have been one on one, with fists, and it would not be pretty. The three brothers would have stood by while I gave the shithead the beating of his life. Then, we would go to the other shithead’s house and repeat, lather, rinse and repeat.

That snippet inspired me to investigate further, and I discovered this weird interpretation of events by Schmalfeldt (no link):

To come between a man and his wife, to work SO HARD to entice the wife into leaving her husband and run off with a PIZZA BOY! To EXCUSE his theft of a car. To PAY HER LEGAL FEES as long as she tells the lies they wanted her to tell. I thank God that she came to her senses.  . . .
You fucked with a man’s family, boys. You did it, and there’s no denying it. Tonya spilled the beans. And when you couldn’t have HER lie for you, you just went ahead and lied on your own.

It would appear that Bill Schmalfeldt is relying on Brett Kimberlin’s version of events for this counterfactual narrative, which can be disproven quite easily. No one had to “entice” Tetyana Kimberlin to “run off with a PIZZA BOY” — why all-caps, Bill? — because she did that before Aaron Walker or John Hoge ever met her. You can read this from the court documents filed by Brett Kimberlin, Tetyana Kimberlin and Tetyana’s boyfriend Jay Elliott:

B. Kimberlin v. Elliot Petition for Peace Order 7.9.13 (OCR) by AaronWorthing

Elliot v. B. Kimberlin Petition for Peace Order 7.9.13 (OCR) by AaronWorthing

T. Kimberlin v. B. Kimberlin Petition for Protective Order 7.9.13 (OCR) by AaronWorthing

All of these documents were filed by the parties themselves, without any influence by Walker, Hoge or anyone else.

Schmalfeldt’s belief in Brett Kimberlin’s assertions to the contrary — which are the burden of the million-dollar Maryland lawsuit Kimberlin v. Walker, et al. — evidences a foolish trust in Brett Kimberlin. And as to Schmalfeldt’s claim that Tetyana “spilled the beans,” what does Schmalfeldt mean by this? Does he mean (as I suspect) that he is relying on hearsay from Brett Kimberlin?

Does Bill Schmalfeldt even bother to paying attention to facts to determine the sequence of events? Look here:

1. Brett Kimberlin v. Jay Elliot — filed July 6.
2. Jay Elliott v. Brett Kimberlin — filed July 7.
3. Tetyana Kimberlin v. Brett Kimberlin — filed July 7.

In other words, Brett Kimberlin himself started this, by filing a petition for a peace order against Tetyana’s boyfriend. It was Brett Kimberlin who decided to make his wife’s estrangement a matter of public record. Jay and Tetyana then responded the next day to Brett’s court action, and all of this took place July 6-7.

As to what happened after that, I suppose Bill Schmalfeldt is relying on the false allegations in Brett Kimberlin’s lawsuit and/or misrepresentations of Tetyana’s words and actions that Brett makes during “Team Kimberlin” conversations with Schmalfeldt.

Here’s a tiny little clue for Bill Schmalfeldt: I take notes.

Your ridiculous threats and phony expressions of chivalrous umbrage on behalf of Tetyana Kimberlin — a person whom you were quite willing to defame as mentally ill in July — neither deceive me nor intimidate me, Bill Schmalfeldt, and your poor judgment in trusting Brett Kimberlin is further proof that you are an utter fool.

As if further proof were needed . . .