IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, MARYLAND

BRETT KIMBERLIN,

Plaintiff

v. Case No. 380996V

AARON WALKER, et al.,

Defendants


DEFENDANT WALKERS MEMORANDUM IN SUPPORT OF DEFENDANT
KIMBERLIN UNMASKEDS MOTION TO QUASH

COMES NOW Defendant Aaron J. Walker, Esq., and hereby files this memorandum in
support of the anonymous defendant or defendants known as Kimberlin Unmasked (hereinafter
KU) and KUs motion to quash the Plaintiffs subpoena of Google, Inc. and in opposition to all
efforts by the Plaintiff to learn the identity of this defendant or defendants.
1. On November 4, 2013, the Plaintiff was granted a motion to compel Google to
provide some information that might identify Kimberlin Unmasked after a hearing.
2. Defendant Walker has listened to a recording of the hearing before Judge Algeo,
and he is concerned that the Plaintiff, a convicted perjurer,
1
may have obtained this result by
misleading the court. Specifically, the Plaintiff stated that
Ive been going through this for several years. In 2011, or 2010, I filed another
defamation case. It went in front of Judge Burrell on the exact same motion that
were here on, a motion to compel. That case was called Kimberlin v. Allen, and
the case number was 339254V. Judge Burrell granted my motion to compel the
identity of the anonymous blogger in that case. The case proceeded and I got a
judgment against that blogger. Judge Jordan issued that judgment several years

1
Kimberlin v. Dewalt, 12 F.Supp. 2d 487, 490 n. 6 (D. Md 1998).
2

ago.

So rather than these guys stopping at that point they escalated.
2


With this language the Plaintiff deliberately implied that the current defendants in this case were
defendants in the previous case or had privity with the Defendant in that case (Seth Allen) but,
indeed, no such relationship exists. By this deceptive suggestion, the Plaintiff made the court
believe that it was simply extending a decision it had made previously. Therefore, this court
should take a fresh look at the question of whether it is appropriate to force Google to help the
Plaintiff to learn the identity of the person or persons known as Kimberlin Unmasked and this
court should hold that KUs right to anonymity outweighs any interest the Plaintiff has in
determining that persons identity.
I.
THE PLAINTIFF FAILED TO ESTABLISH A PRIMA FACIE CASE FOR
DEFAMATION, FALSE LIGHT OR HARASSMENT

3. As the Supreme Court wrote in McIntyre v. Ohio Elections Comm'n, the right to
write anonymously is a precious one, grounded deeply in the traditions of this country:
Anonymous pamphlets, leaflets, brochures and even books have played an
important role in the progress of mankind. Great works of literature have
frequently been produced by authors writing under assumed names. Despite
readers' curiosity and the public's interest in identifying the creator of a work of
art, an author generally is free to decide whether or not to disclose his or her true
identity. The decision in favor of anonymity may be motivated by fear of
economic or official retaliation, by concern about social ostracism, or merely by a
desire to preserve as much of one's privacy as possible. Whatever the motivation
may be, at least in the field of literary endeavor, the interest in having anonymous
works enter the marketplace of ideas unquestionably outweighs any public
interest in requiring disclosure as a condition of entry. Accordingly, an author's
decision to remain anonymous, like other decisions concerning omissions or
additions to the content of a publication, is an aspect of the freedom of speech
protected by the First Amendment.


2
Please note that this is not an official transcription. The court should consult with the original
recording as the best evidence of what the Plaintiff said.
3

514 U.S. 334, 341-342 (1995). Following this principle, the Maryland Court of Appeals has set
a high standard before a plaintiff can unmask the identity of an anonymous writer he or she is
accusing of defamation and related torts.
3
In Independent Newspapers, Inc. v. Brodie, 407 Md.
415, 966 A. 2d 432 (2009), the court conducted a lengthy review of the different legal standards
followed by different states in relation to this issue. In their review, they specifically rejected
lower standards adopted in other states such as requiring that the subpoena be sought in good
faith, or that it is in service of a complaint that can survive a motion to dismiss with the
following reasoning:
The lower good faith basis" or motion to dismiss thresholds, articulated by our
sister courts ... would inhibit the use of the Internet as a marketplace of ideas,
where boundaries for participation in public discourse melt away, and anyone
with access to a computer can speak to an audience larger and more diverse than
any [of] the Framers could have imagined.

966 A. 2d at 456. So, instead, they adopted a higher standard:
Thus, when a trial court is confronted with a defamation action in which
anonymous speakers or pseudonyms are involved, it should, (1) require the
plaintiff to undertake efforts to notify the anonymous posters that they are the
subject of a subpoena or application for an order of disclosure, including posting a
message of notification of the identity discovery request on the message board;
(2) withhold action to afford the anonymous posters a reasonable opportunity to
file and serve opposition to the application; (3) require the plaintiff to identify and
set forth the exact statements purportedly made by each anonymous poster,
alleged to constitute actionable speech; (4) determine whether the complaint has
set forth a prima facie defamation per se or per quod action against the
anonymous posters; and (5), if all else is satisfied, balance the anonymous poster's
First Amendment right of free speech against the strength of the prima facie case
of defamation presented by the plaintiff and the necessity for disclosure of the
anonymous defendant's identity, prior to ordering disclosure. Dendrite, 775 A.2d
at 760-61.

Id. at 457. The Dendrite cited at the end of that passage is Dendrite International, Inc. v. Doe,

3
Crowley v. Fox Broadcasting Co., [i]n Maryland, a claim for false light invasion of privacy
may not stand unless the claim also meets the standards for defamation. 851 F.Supp. 700, 704
(D. Md., 1994).
4

342 N.J.Super. 134, 775 A.2d 756 (App.Div.2001). The Brodie court found Dendrite to be so
persuasive that they quoted extensively from it, including this passage:
In addition to establishing that its action can withstand a motion to dismiss for
failure to state a claim upon which relief can be granted pursuant to R. 4:6-2(f),
the plaintiff must produce sufficient evidence supporting each element of its cause
of action, on a prima facie basis, prior to a court ordering the disclosure of the
identity of the unnamed defendant.

Brodie, 966 A. 2d at 454; (quoting Dendrite, 775 A.2d at 761). In the instant case the Plaintiff, a
public figure and, indeed, a notorious terrorist known as the Speedway Bomber, Kimberlin v.
White,7 F. 3d 527 (6
th
Cir. 1993), has alleged that KU has defamed him, harassed him, and cast
him in a false light.
4
However, the Plaintiff 1) has not yet survived a motion to dismiss and 2)
has failed to make out a prima facie factual case for any of those claims. Most fundamentally,
the Plaintiff has failed to establish that the alleged defamation or false light involves actual
falsity. Meanwhile, the Plaintiff has failed to allege any conduct that constitutes harassment.
A. The Plaintiff Has Not Survived a Motion to Dismiss.

4. Logically speaking, if the Brodie court believes that it has set a higher standard
than [t]he lower good faith basis or motion to dismiss thresholds, 966 A. 2d at 456, this
court should not grant any motion aimed at revealing KUs identity until first considering all
motions to dismiss. As of this writing there are four motions to dismiss on the docket and, even
where the motions to dismiss are filed by other parties, many of the grounds asserted in those
motions apply equally to the case against KU. Therefore, any discovery aimed at determining
the identity of KU should not be granted until and unless the Plaintiffs complaint survives these
motions to dismiss.

4
Since the Plaintiff claims Kimberlin Unmasked committed intentional infliction of emotional
distress solely alleged harassment, defamation and false light, Amended Complaint 110, that
claim doesnt need to be addressed separately.
5

B. The Plaintiff Has Failed to Produce a Single Iota of Evidence That He is Not a
Pedophile or Misogynist.

5. The Plaintiff is required under Brodie to state with specificity which statements
are defamatory. Gleaned from complaint, the Plaintiff has only listed two allegedly defamatory
allegations. The first is that the Plaintiff is a misogynist, and the second is that he is a pedophile.
6. As a preliminary matter, the allegation that the Plaintiff is a misogynist is purely
an expression of opinion, rhetorical hyperbole, Greenbelt Cooperative v. Bresler, 398 US 6, 14
(1970), and, thus, it cannot be defamation. What even counts as misogynist these days? Some
have said if one doesnt support the right to abortion that one is misogynist. Others have said
that support for abortion is motivated primarily by a desire to keep women sexually available and
that is misogynistic. It was thought at one time that love of women should keep them out of the
legal profession, Bradwell v. State, 83 US 130 (1873) (Bradley, J., concurring) (reasoning that
women should not be lawyers because Man is, or should be, womans protector and defender)
or even out of bars, Women's Liberation Union of Rhode Island v. Israel, 512 F.2d 106 (1
st
Cir.
1975). Today, such attitudes are seen as misogynist. Given the shifting and often opposed
definitions of misogyny, how can this court hope to nail down a definition of misogyny that it
can determine for a fact that the Plaintiff possesses or not? And if misogyny cannot be defined
with certainty, then defamation cannot be proven.
7. In any case, the Maryland Court of Appeals has held in Telnikoff v. Matusevitch,
that a public figure cannot recover damages [in a defamation action] without also showing that
the statements at issue are false. 347 Md. 561, 702 A. 2d 230, 245 (1997). The Plaintiff is a
public figure, and the Plaintiff has failed to meet that burden.
(1) The Plaintiff is a Public Figure.
8. The Plaintiff in the instant case has a long and sordid criminal record. He is a
6

convicted perjurer, Dewalt, 12 F.Supp.2d at 490 n. 6, and a convicted drug kingpin, U.S. v.
Kimberlin, 805 F.2d 210, 225, 233, 235 and 238 (7
th
Cir. 1986). But he is most famous for being
a convicted terrorist:
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).
9. Leopold v. Levin stands for the principle that if one commits a sufficiently
notorious crime, one becomes, in essence, a public figure for life. 45 Ill.2d 434 (1970). The
Leopold case involved Nathan Leopold of Leopold and Loeb fame and the courts
determination turned in significant part on the fact that the enduring public attention to the
plaintiff's crime and prosecution, which remain an American cause celebre[.] 45 Ill.2d at 441.
Likewise, in Jackson v. Longscope, 394 Mass. 577 (1985), the court assumed without analysis
that Jackson, the perpetrator of The Hitch Hike Murders was a public figure by virtue of the
notorious crime. Like these other criminals, the instant Plaintiff has become a voluntary public
figure by virtue of having been convicted of terrorizing an entire town for nearly a week, and
thus becoming the popularly designated Speedway Bomber, Doe v. Tobias, 715 NE 2d 829,
832 (Ind. Sup. Ct. 1999). Indeed, at one of his criminal trials, the Plaintiff claimed the jury had
been prejudiced by extensive media coverage of the 1978 bombings and defendant's trials and
other troubles in the years between the bombings and this third trial and asked the court to take
7

steps, such as sequestration, to mitigate that concern. He had become that famous. U.S. v.
Kimberlin, 805 F.2d at 223-24. As the Leopold court said:
It is of importance here, too, that the plaintiff became and remained a public
figure because of his criminal conduct in 1924... The circumstances of the crime
and the prosecution etched a deep public impression which the passing of time did
not extinguish. A strong curiosity and social and news interest in the crime, the
prosecution, and Leopold remained.... It is of some relevance, too, in this
consideration, that the plaintiff himself certainly did not appear to seek retirement
from public attention. The publication of the autobiographical story and other
writings and his providing interviews unquestionably contributed to the
continuing public interest in him and the crime. Having encouraged public
attention he cannot at his whim withdraw the events of his life from public
scrutiny.

45 Ill.2d at 442-43 (internal citations and quotations omitted).
10. Much like Nathan Leopold, the Plaintiff has not shied away from the limelight.
For instance, when Dan Quayle was first running for vice president in 1988, the Plaintiffthen a
prisoner serving time for the Speedway Bombingsclaimed to have sold the future vice
president marijuana during his days as a drug dealer. Kimberlin v. Quinlan, 6 F.3d 789, 791
(D.C. Cir. 1993). The Plaintiff certainly didnt mind when Doonesbury ran a series of comic
strips portraying him as some kind of political prisoner. Exhibit G. In 1996, he helped publish
a biography of his life with investigative journalist Mark Singer (for which he received
payment
5
) called Citizen K: The Deeply Weird American Journey of Brett Kimberlin.
11. Also in 1996, he appeared in the Washington City Paper to promote his rock band
Payback and their new album Escape from Hell.
6
Exhibit H. Indeed to this day he sings in a
rock band named Op-Critical and publishes videos with them on the internet. For instance,
Exhibit A is a video where they do a cover of Buffalo Springfields For What its Worth, in

5
Dewalt, 12 F. Supp. 2d 487.
6
Jason Vest, Arts and Entertainment: Music Review, WASHINGTON CITY PAPER, February 23,
1996 (available at http://www.washingtoncitypaper.com/articles/9854/jailbird-rock) visited
December 14, 2013.
8

support of the Occupy protests in progress at the time. In Exhibit B, he performs lead singer
duties in a rendition of an original song, Fear Not, in a video suggesting the attack on the World
Trade Center was actually orchestrated by the Bush administration. Meanwhile, Exhibit C is a
video for another original song called Exile where the Plaintiff criticizes the treatment of terror
detainees by portraying himself as a suspected terrorist who is picked up by government agents,
waterboarded and tormented. Finally, in Exhibit D, the Plaintiff is seen in another video for an
original composition for this band called Fear. The song argues that we as a society should not
be so afraid of terrorism. At one point in the video one can see the image of a gym bag left
alone, similar to the gym bag that the Plaintiff had left at Speedway High School and that
exploded when Carl DeLong picked it up, an apparent reference to his crime.
12. In addition, Exhibit E
7
is a video called Happy Springtime (Bush is Over), which
is a remake of a John Lennon song rewritten to celebrate the end of George W. Bushs
presidency. That video was, upon information and belief, the brainchild of the Plaintiffs older
daughter, but also features Mr. Kimberlin along with a choir of mostly girls known as The
Harmonic Angels. When his daughter won a Creativity Award from Lego for this video,
Washington Post reporter Monica Hesse took interest in the story, and the Plaintiff was sure to
insert himself into it.
8
Exhibit I. Likewise, when his daughter received some positive attention
for her growing music career, Brett Kimberlin inserted himself into that story as well, even

7
Exhibits A-E were downloaded on December 15, 2013, at http://www.youtube.com/watch?v=
8WozS_VCo6U, http://www.youtube.com/watch?v=bnMJBXJ-JyI, http://www.youtube.com/
watch?v=p2yOzV0BPMs, http://www.youtube.com/watch?v=rFY-QAXfbZo and http://www.
youtube.com/watch?v=Jco4etlHwaE, respectively.
8
Monica Hesse, A Little Surprise For the Prize-Giver, WASHINGTON POST, November 8, 2007
(available at http://www.washingtonpost.com/wp-dyn/content/article/2007/11/07/
AR2007110702898.html) visited December 7, 2013.
appearing to take a swipe at the Defendants and other "enemies.,,9 Exhibit J. Additionally, the
Plaintiff granted an interview with ABC News in order to speak about SWATtings. 10 Exhibit K.
13. Therefore, due to Mr. Kimberlin's volitional conduct, by setting bombs that
terrorized a small town, by accusing the U.S. Vice President of buying drugs from him in his
youth, by serving as a singer and guitarist in several rock bands, uploading YouTube videos of
their songs, inserting himself into news items about his own daughter, and granting an interview
with ABC News, the Plaintiff has become and remains a public figure. Therefore, under
Telnikoff v. Matusevitch, the Plaintiff cannot prevail on a claim for defamation or false light
invasion of privacy11 unless he actively proves that he is not a misogynist or pedophile. He does
not enjoy the presumption of innocence in this context.
(2) The Plaintiff Has Presented No Evidence That He is Not a Pedophile or
Misogynist
14. What the Plaintiff is claiming he was defamed by-or placed in a false light by-
is accusations by words or by imagery that he is either a pedophile or misogynist. He is not
claiming that KU has accused him of a specific crime or act. He is simply accusing KU of
saying that the Plaintiff has a certain mental state: either of pedophilia,12 or misogyny. 13 That is
9Cara Hedgepeth, Video from local singer _ Kimberlin surpasses 50,000 views on YouTube,
BETIIESDA GAZETIE, Aug. 28, 2013 (available at http://www.gazette.net/article/20130828/
ENTERTAINMENT/130829064/1032/video-from-local-singerJIII-kimberlin-surpasses-
50000-views-on&template=gazette) visited December 15,2013.
10 Arlette Saenz, Senator Asks DOJ to Investigate SWAT-ting Attacks on Conservative Bloggers,
ABC NEWS, Jun. 6, 2012 (available at http://abcnews.go.com/blogs/politics/2012/06/senator-
asks-doj-to-investigate-swat-ting-attacks-on-conservative-bloggers/) visited December 15, 2013.
11 Crowley v. Fox Broadcasting Co., 851 F.Supp. 700, 704 (D. Md., 1994) ("[i]n Maryland, a
claim for false light invasion of privacy may not stand unless the claim also meets the standards
for defamation")
12 see WEBSTER'S NEW WORLD COLLEGE DICTIONARY 996 (3d ed. 1996) (defining "pedophilia"
as "an abnormal condition in which an adult has a sexual desire for children").
13 id. at 867 (defining "misogyny" as "hatred of women, especially by a man").
9
10

what he must disprove.
15. It is logically impossible for the Plaintiff to meet his burden on this point, because
the Plaintiff cannot testify under MD CODE CTS. & JUD. PROC. 9-104 forbidding the testimony
of perjurers.
14
Who other than the Plaintiff can prove the contents of his mind? Indeed, the
Plaintiff cannot even prove that he did not have sex with an underage girl at any time during his
life. After all, there is only one person alive who can account for every sexual encounter he has
ever had: the Plaintiff. But he cannot testify on his own behalf.
16. In addition, there is good reason to believe he is a pedophile, at least in
orientation. In the previously mentioned Washington City Paper article he discussed the content
of his latest rock and roll album as follows (with apologies for the coarse language):
While tracks like Lifes a Bitch (For a Government Snitch) and Whos Next
(a song about unfounded sex crime accusations) have a definite edge to them,
others, like Waiting to Meet and Teen Dream (both about having sex with
teenage girls) are lacking in subtlety and tend to make one squirm. But this is
exactly what Kimberlin wants.

I say things a lot of people are afraid to say. Yeah, Teen Dream is about
fucking a teenage girl. Every guy whos seen a good-looking teenage girl has
thought about it.

In the article, the Plaintiff denies that he would actually have sex with a teenage girl, but he is
admitting fully to the desire to do so.
17. In fact, by the Plaintiffs own admission he has had sex with a teenager. By way
of background, the Plaintiffs wife has filed court papers and criminal charges alleging the
following: that she first met the Plaintiff on a Ukrainian beach when she was fourteen years old
and he was in his forties; that they had sex together when she was fourteen, in Ukraine; and that
when she was about two months shy of her sixteenth birthday he brought her to Maryland and

14
As noted previously, the Plaintiff is a convicted perjurer. Dewalt, 12 F. Supp. 2d at 490 n. 6
11

had sex with her on a regular basis. The Plaintiff denies that, but admitted in the August 12,
2013 hearing of the dueling petitions for protective orders between the Plaintiff and his wife
(case numbers 113163FL and 113164FL) that he did have sex with her on their wedding night,
saying, I had no sex with her until we were married. Since they were married just nine days
after her sixteenth birthday, this amounts to an admission that he had sex with her while she was
a teenager (and he in his forties). That is not illegal in Maryland, but many ordinary people
consider it to be pedophilia, regardless. For instance, one Maryland columnist has called
musician Ted Nugent a pedophile in part based on the claim that he had dated a girl who was
seventeen.
15
While this court may or may not agree with such a harsh assessment of the
Plaintiffs behavior, it is perfectly reasonable for a person who reads about his behavior to
conclude that the Plaintiff is a pedophile.
18. Meanwhile, the claim that he is a misogynist is supported by the same admission.
By his own admission, the Plaintiff married a woman from a foreign country who was less than
half his age. A person can look at that relationship and conclude that he was looking for a
woman that would be less likely to stand up for herself. It is common for a person to claim that a
man who intentionally seeks a womanreally a girl in this casewho cannot hold her own
against him hates women and is, therefore, a misogynist.
19. In summary, the Plaintiff has not met his burden of proving either that he is not a
misogynist or a pedophile. Indeed, due to the rules of evidence, it is logically impossible for the
Plaintiff to meet that burden because of his status as a perjurer. Therefore, having failed the
Brodie test by failing to make out a prima facie case for defamation, the Plaintiffs subpoena

15
William Schmalfeldt, Romney Supporter Ted Nugent: Pedophile? He Says so! (Video), THE
EXAMINER, April 18, 2012 (available at http://www.examiner.com/article/romney-supporter-ted-
nugent-pedophile-he-says-so-video) visited December 14, 2013.
12

should be quashed and all future discovery aimed at seeking Kimberlin Unmaskeds true identity
should be denied.
C. Defendant Kimberlin Unmasked Couldnt Possibly Have Harmed the Plaintiffs
Reputation Because the Plaintiffs Reputation is So Poor it Can No Longer Be
Harmed

20. In order to prevail under a defamation or a false light cause of action against
Kimberlin Unmasked, the Plaintiff would have to demonstrate that he has harmed the Plaintiffs
reputation. However, how does one harm a persons reputation when it is already so poor?
Jackson v. Longscope, mentioned above, is instructive on this point, holding that the reputation
of Jackson, another violent criminal, was so poor that it was incapable of being further damaged.
21. The instant Plaintiff is a convicted terrorist who set off eight bombs in six days in
the town of Speedway, Indiana. White, 7 F.3d at 528, 530. The last of his bombs claimed the
life of a father and veteran named Carl DeLong and injured his wife, Sandra DeLong. Kimberlin
v. DeLong, 637 N.E.2d 121 (Ind. Sup. Ct. 1994). This widow won a judgment against the
Plaintiff in civil court, id., which the he proceeded to cheat her out of, his conduct becoming so
outrageous that his parole was revoked because of it. Dewalt, 12 F. Supp. 2d 487. He even sued
this widow, her lawyer, the probation officer, and various Bureau of Prisons and Department of
Justice officials[,] id. at 490, for attempting to collect this debt. This is in addition to being a
convicted perjurer and drug smuggler.
22. Further, in Swate v. Schiffers, the court held that prior negative publicity should
be taken into account when considering whether one is defamation-proof, since the operative
question is whether the alleged defamation could actually damage a plaintiffs reputation or if the
damage had already been done by others. 975 S.W.2d 70, 74 (Tex. App., 4th Dist. 1998) (the
earlier newspaper articles and the disciplinary orders describe conduct that would have ruined
13

Swates reputation prior to the publication of Schiffers's article.) In 1999, Slate Magazine
called Kimberlin a habitual liar, and all-around sociopath.
16
An article published just after his
convictions for the Speedway Bombings accused the Plaintiff of plotting behind bars to (1) frame
someone else for his crimes, (2) arrange for the murder of one of his prosecutors and several
other persons, and (3) to attempt to destroy the political career of the same prosecutor in a sting
operation.
17
Exhibit L. Mark Singers biography insinuated that he was a pedophile, engaged in
a relationship with a ten year old girl named Debbie Barton. Mark Singer, CITIZEN K: THE
DEEPLY WEIRD AMERICAN JOURNEY OF BRETT KIMBERLIN 76-78 (1996). This book also
suggested that he was involved in the murder of Julia Scyphers, the grandmother of Ms. Barton,
id. at 82 et seq, and that the bombings were committed in order to distract the police from that
murder, id. at 89 et seq.
18
Singers book also features Kimberlin speaking in detail about his life
as a drug kingpin, CITIZEN K at 60-61 and passim; confessing to tax evasion, id. at 61-62;
confessing to a racist prison fight (where he called his opponent the n-word repeatedly), id. at
183; and confessing to sabotaging military equipment thus placing our troops in danger, id. at
184.
23. Exactly what additional negative conclusion does the Plaintiff think a reader will

16
A.O. Scott, Cody Shearer: If He Didnt Exist, the Vast Right Wing Conspiracy Would Have
Invented Him, SLATE, May 22, 1999 (available at http://www.slate.com/articles/
news_and_politics/assessment/1999/05/cody_shearer .html) visited December 7, 2013.
17
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
December 7, 2013.
18
See also RetroIndy: The Speedway Bombings, Part I: For a Week in 1978, the Town of
Speedway was Terrorized by a Serial Bomber, INDIANAPOLIS STAR, (available at http://www.
indystar.com/article/99999999/NEWS06/100919012/) visited December 7, 2013, Exhibit M, and
RetroIndy: The Speedway Bombings, Part II: Building the Case Against Brett Kimberlin
INDIANAPOLIS STAR, (available at http://www.indystar.com/article/99999999/NEWS06/
100919013) visited December 7, 2013, Exhibit N.
14

draw about him based a single blogger writing that he is a misogynist or pedophile? If he is
concerned he will seem like a creepy old man, other publications have already done this work.
For instance, Mark Singer writes the following about Debbie Barton (whom he calls Jessica):
For three consecutive summers, 1974 through 1976, they took vacations of a week
or longer in Disney World, Mexico, and Hawaii. Sandi [Debbies 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.

id. at 76. Indeed, Jason Vest in the Washington City Paper wrote that Kimberlins self-professed
interest in sex with teenagers tend[s] to make one squirm. That would be a self-inflicted
wound on his reputation.
24. Or consider the specific harm that Mr. Kimberlin alleges that the Defendants have
done to his reputation in this case, claiming in paragraph 70 of his First Amended Complaint that
this alleged defamation make[s] Plaintiff appear odious, infamous and/or frightening. Any
person familiar with his proven career in crime is likely to draw the same conclusion. One
doesnt need to accuse a man who earned the nickname of The Speedway Bomber of
pedophilia to make people think he is odious, infamous and frightening. A perusal of publicly
available court records is sufficient. The Plaintiffs reputation is so poor it is difficult, if not
impossible, to harm it further.
25. Once again the Longscope decision, while only persuasive authority, is instructive
on this point, stating that
Although a libel plaintiff who cannot prove damages is normally entitled to an
15

award of nominal damages if he establishes that he was libeled (see W.L. Prosser
& W.P. Keeton, Torts 116A, at 845 [5th ed. 1984]), courts have generally
considered First Amendment rights as predominating in cases of this character
and have denied a libel-proof plaintiff the right to try to prove his case and
recover simply nominal damages. See Cardillo v. Doubleday & Co., supra at 640,
quoting Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974); Wynberg v.
National Enquirer, Inc., supra at 928; James Earl Ray v. Time, Inc., supra at 622.
It has been suggested that, under First Amendment principles, at least as to a
public figure, such as Jackson, proof of actual damages may be required and thus
nominal damages may not be awarded. See W.L. Prosser & W.P. Keeton, Torts,
supra; Restatement (Second) of Torts 620 comment c (1977). In any event, we
accept the principle that a libel-proof plaintiff is not entitled to burden a defendant
with a trial in which the most favorable result the plaintiff could achieve is an
award of nominal damages.

394 Mass. at 579-580; see also Ray v. Time, Inc., 452 F.Supp. 618 (W.D. Tenn. 1976) (holding
that the confessed assassin of Dr. Martin Luther King, Jr., could not be defamed by allegations
that he was also a drug dealer). If it made sense in Longscope and Ray to dismiss a case entirely
due to a Plaintiff having such a poor reputation he can at best obtain nominal damages, then it
makes even more sense in this case to deny the Plaintiff discovery aimed at learning KUs
identity. The Plaintiff is correct to say this is not the first time he has come to this court claiming
to have been falsely accused of being a pedophile. In Kimberlin v. Allen (2011) case number
339254V, he claimed Mr. Allen had defamed him as follows: [Allen] has falsely accused
Kimberlin of murder, pedophilia, financial scamming, hoaxing, wild conspiracies, con-artistry,
anti-Semitism, and being a rip off. Exhibit O. Mr. Kimberlin won a default judgment in that
case, depriving Mr. Allen the chance to either deny calling him those things, or to offer truth as a
defense, but he did have the opportunity to challenge Mr. Kimberlin on the topic of damages and
at the end of the hearing, Judge Jordan said because there was a default on the claims
themselves, Im going to award what is considered really nominal damages of $100. Exhibit P,
lines 13-15. If that is all he could get for the alleged defamation Allen allegedly arrayed against
him, what chance does he have of getting more in the instant case?
16

26. This bears not only on the issue of whether the Plaintiff has made out the
elements of defamation, but also in relation to the fifth prong of the Brodie test for disclosure
requiring a balancing between KUs right of anonymous speech against the Plaintiffs right to
recover damages. What is the point of requiring disclosure of a persons identity when it appears
that the best case scenario for the Plaintiff is that he will get nominal damages, and indeed he has
a track record of earning only nominal damages based on very similar (alleged) defamation?
27. Accordingly, this court should hold that the instant Plaintiffs reputation is
incapable of being further harmed in relation to the alleged defamation or false light that KU has
committed against him and, therefore, deny all discovery aimed at determining KUs identity.
D. The Plaintiff Has Not Stated a Claim that Kimberlin Unmasked Has Harassed Him.

28. The entirety of the Plaintiffs harassment complaint against KU is that KU has
allegedly defamed the Plaintiff or put him in a false light. This is not sufficient to make out a
claim under MD CODE CRIM. LAW. 3-803. One of the elements under 3-803(a) is that the
Defendant must follow another in or about a public place or maliciously engage in a course of
conduct that alarms or seriously annoys the other. Since Mr. Kimberlin doesnt even know who
KU is, it is logically impossible to claim in good faith that KU has followed him anywhere.
29. Meanwhile, the only kinds of conduct that can constitute the forbidden course of
conduct that the Maryland Court of Appeals has recognized so far are threats and direct
communication. Galloway v. State, 365 Md. 599 (2001). The Plaintiff does not even allege that
this has occurred. Mere damage to reputation is insufficient, when it is accomplished solely by
speaking to a general audience and it is not being communicated to the Plaintiff directly. Indeed,
such a content-based restriction on KUs freedom of speech would not be constitutional under
U.S. v. Cassidy, which held that the government does not have a compelling interest in limiting
17

speech to a general audience that causes emotional distress, writing, We are expected to protect
our own sensibilities simply by averting [our] eyes. 814 F. Supp. 2d 574, 585 (D. Md. 2011)
(quoting U.S. v. Playboy Entm't Grp., Inc., 529 U.S. 803, 813 (2000)). In essence, the Plaintiff is
trying to turn 3-803 into a criminal defamation statute. This court should resist that attempt.
30. Accordingly, the Plaintiff has not made out of prima facie case for harassment
because he has not even alleged conduct that would actually constitute harassment.
II.
DEFENDANT KUS RIGHT TO ANONYMOUS SPEECH OUTWEIGHS THE
PLAINTIFFS RIGHT TO RECOVER FOR DAMAGES

31. Even if every other part of the Brodie test is satisfied, this court must still balance
KUs right to freedom of speech against the Plaintiffs right to recover for alleged damages.
Defendant Walker can speak particularly well to that point because he is the last person the
Plaintiff tried to use the courts to identify and his story demonstrates the kind of abuse that KU
might face if identified by the Plaintiff.
32. Two years ago, Mr. Walker was himself an anonymous author on the internet.
The Plaintiff attempted to identify Mr. Walker through subpoenas aimed at Google and his cable
provider on the claim that he needed Mr. Walker to be a witness against Mr. Allen in Kimberlin
v. Allen. The Plaintiff eventually learned of Mr. Walkers identity by other means. Shortly after
that, the Plaintiff first tried to bully Mr. Walker into silence with a threat of filing false criminal
charges, and when Mr. Walker refused to buckle to that extortionate pressure, the Plaintiff
actually tried to frame Mr. Walker for a crime.
33. Mr. Walker recognizes that this claim might be difficult to believe, but attached to
this memorandum is video and documentary proof of this fact. Essentially, the Plaintiff claimed
18

that Mr. Walker beat him up outside of Judge Rupps courtroom. He even produced false
19

hospital records and false photographs of his alleged injuries. However, the security camera
outside that courtroom recorded enough of the incident to prove that that Mr. Kimberlin lied
about almost every detail.
34. By way of background, in December, 2011, Mr. Kimberlin sought to hold Mr.
Allen in contempt of a permanent injunction that had been issued in Kimberlin v. Allen
prohibiting him from defamation. He then began to file subpoenas on Google and Comcast,
aimed at discovering Mr. Walkers identity so Mr. Walker could be required to appear at that
hearing. At that time, Mr. Walker wrote under the pen name Aaron Worthing. Prior to this
subpoena, Mr. Walkers only contact with Mr. Allen was to give him a bit of free legal advice in
a handful of emails that prior August, but Mr. Kimberlin took this innocent and slight help as
somehow being proof that Mr. Walker was part of a great conspiracy to write bad things about
Mr. Kimberlin on the internet. Exhibit Q.
35. Mr. Walker had sought to protect his anonymity for two reasons. First, Mr.
Walker has hidden disabilities and wanted to shield himself from discrimination because of those
disabilities while being free to discuss his disabilities on his site. Second, Mr. Walker had
participated in the free-speech, anti-terrorism protest known as Everyone Draw Mohammed Day,
by creating a website called Everyone Draw Mohammed. While much of the data from that site

19
In stating that Mr. Kimberlins hospital records and photographs are false, Mr. Walker is
simply claiming that they are not what they purport to be. Given that Mr. Walker never harmed
Mr. Kimberlin or caused Mr. Kimberlin to be harmed, there are only two logical explanations for
how these medical records and photos came into being: either this convicted document forger
created fake hospital records and fake photographs; or Mr. Kimberlin actually harmed himself or
had someone harm him and then falsely blamed Mr. Walker for his injuries. Mr. Walker doesnt
pretend to know which of these two possibilities are the truth. He is only certain that if Mr.
Kimberlin was genuinely injured on January 9, 2012, it was not by Mr. Walker.
19

has been lost, Mr. Walker has been able to recover the text of the sites Mission Statement and
has attached it as Exhibit R so this court can understand this protests mission and methods more
completely.
36. On or about December 29, 2012, Mr. Walker filed a motion to quash those
subpoenas in the Allen case. Further, because ordinarily one is required to file any motions
under ones real name, Mr. Walker filed, through counsel, a motion to allow Mr. Walker to file
motions anonymously in order to protect his anonymity. Mr. Walker posted a redacted copy of
his motion to quash on his website as well as several reports on what had been going on in the
case. Mr. Walkers motion to quash pointed out that Mr. Kimberlin most likely committed
perjury in the Kimberlin v. Allen hearing on November 14, 2011 and suggested that the court
refer the matter to the States Attorneys Office.
37. On or about January 3, 2012, Mr. Kimberlin sent a settlement offer to Mr.
Walkers attorney, Beth Kingsley, Esq. in which Mr. Kimberlin threatened to file false criminal
charges, bar complaints, and Peace Orders if Mr. Walker didnt remove everything he had
written about Mr. Kimberlin (including where he posted a copy of the motion to quash) and
withdraw the motion to quash before the court. Exhibit S. When Mr. Walker didnt give in to
that extortionate demand, upon information and belief Mr. Kimberlin decided to frame Mr.
Walker for a crime and looked for the opportunity to carry out his plan.
38. This settlement offer gave Ms. Kingsley the impression that Mr. Kimberlin did
not yet know Mr. Walkers true identity. That impression was false. Mr. Kimberlin later
admitted to learning Mr. Walkers identity on December 31, 2012 in a hearing on April 11, 2012.
See Exhibit T. page 60, line 25, through page 61, line 18.
39. On or about January 5, 2012, Mr. Kimberlin sent a letter to law enforcement
20

warning that because Mr. Walker... has been identified in a civil case in Maryland, referring to
the Allen case, that there exists the very real probability that Mr. Walker could be subjected to
serious harm or death[.] Exhibit U.
40. At about the same time, Mr. Kimberlin filed a Motion to Withdraw his subpoenas
on the grounds that he had learned Mr. Walkers identity by other means. The motion not only
identified Mr. Walker as the anonymous writer Aaron Worthing but gratuitously put the
following information into the motion: 1) Mr. Walkers home address; 2) Mr. Walkers date of
birth; 3) what high school he attended; 4) the fact Mr. Walker dropped out of high school; 5) the
fact Mr. Walker got a GED; 6) what university he attended; 7) what law school he attended; 8)
facts related to a federal lawsuit Mr. Walker filed that was supposed to be under seal; and 9) Mr.
Walkers then-current employer, then-current job position, and their address. A redacted copy of
that motion is attached as Exhibit V.
41. Mr. Kimberlin didnt serve this motion on Mr. Walker or his counsel until
Saturday, January 7, 2012 when the courts were closed and at that time he served Mr. Walker by
email. The following Monday was January 9, 2012, the date of the contempt hearingthe same
one for which Mr. Kimberlin claimed to need Mr. Walkers testimony. Mr. Walker showed up
for that hearing and made an emergency motion to place Mr. Kimberlins motion to withdraw
under seal. That motion was immediately granted. See Exhibit W, page 4, line 6, through page
10, line 3.
42. Mr. Kimberlin never called Mr. Walker to testify in that hearing, despite having
previously declared that Mr. Walker was an important witness in this case. Exhibit Q, 10.
43. The alleged assault occurred just after that hearing. This is Mr. Walkers version
of what happened next. As they were leaving the courtroom, Mr. Kimberlin took a few steps
21

away from Mr. Walker and attempted to do something with his iPad. Concerned that this
convicted terrorist might have snuck in a dangerous device inside his iPad, Mr. Walker took the
iPad from him. He did not once strike Mr. Kimberlin or otherwise harm Mr. Kimberlin. Instead,
he simply snatched the iPad from Mr. Kimberlin without difficulty and peaceably kept it from
him until courthouse security could arrive and straighten things out. At that time, Mr. Walker
freely and peaceably gave the iPad to the courthouse security officers who in turn gave it back to
Mr. Kimberlin.
20

44. Mr. Kimberlins version of events were markedly different. Indeed there is not a
single version but multiple versions. First, immediately after the attack, he filed for criminal
charges at the Commissioners officeeven before he allegedly went to the hospital. Exhibit X.
In it he stated that Mr. Walker hit me on the shoulder and chest and pushed me and hit me in
the face, shoulder and chest and wrestled the iPad away from me. He also claimed that Mr.
Walker tried to come at me several more times but was restrained by courthouse security.
Immediately after that he sought his first Peace Order against me and in that petition he stated
that Mr. Walker hit me in the face, chest, & shoulder and took my iPad. Exhibit Y. This was
also before he allegedly went to the hospital.
45. That evening Mr. Kimberlin also wrote to Ms. Kingsley stating that Mr. Walker
decked me in the face, hit me in the shoulder and chest, pushed me, grabbed my iPad away
from me and wrestled me. Exhibit Z. He swore the contents of that email were true in a
subsequent hearing. Exhibit AA, page 76, line 17, through page 77, line 9. He repeated that

20
In a hearing before the District Court in Rockville, of February 8, 2012, Mr. Walker admitted
forthrightly that he took the iPad but asserted he had done so out of self-defense. Since that
court found that no assault occurred, the court necessarily accepted Mr. Walker acted valid self-
defense. The District Court did find harassment but on a de novo appeal held in April 11, 2012,
Circuit Court Judge Eric Johnson found that no harassment had occurred, either.
22

claim that Mr. Walker decked him in a hearing on February 8 for his peace order. He
specifically said that before he lifted his iPad that Mr. Walker began lunging at me and that
Mr. Walker decked me in the eye and wrestled with me. He also claimed that Nine police
came up to the -- or, sheriffs came up there and separated him from Mr. Kimberlin. Exhibit BB.
46. However, this court does not need to take Mr. Walkers or Mr. Kimberlins word
for what had happened. As noted earlier, there was a security camera that captured the entire
incident. The footage has been adapted to play in most Windows operating systems and is
attached as Exhibit F.
47. The video is not continuous. Instead, as explained by Lt. Col. Bruce Sherman of
the Sheriffs Office in Exhibit CC (page 24, line 23, through page 26, line 22), the security
system takes snapshots of what is occurring in intervals of about 1.75 seconds apart. As such,
it cannot absolutely prove Mr. Walkers version of events, but it is not even slightly inconsistent
with his account, while it also proves that Mr. Kimberlin told significant lies about the incident.
48. For instance, the video demonstrates unequivocally that Mr. Walker did not
deck Mr. Kimberlin, since that term is defined as knocking a person down, usually by
punching.
21
It is equally obvious that courthouse security didnt have to separate Mr. Walker
from Mr. Kimberlin. When security arrived, Mr. Kimberlin was so far away from Mr. Walker
that he was no longer in sight of the camera, at least thirty feet away. And of course Mr. Walker
never charged at Kimberlin while security held him back like a wild bull.
49. As for the claim that Mr. Walker struck multiple blows (i.e., he hit me in the
face, chest, & shoulder), or that Mr. Walker wrestled pushed, or wrested with him, Mr. Walker
maintains he never struck Mr. Kimberlin or caused anything to strike him. However, because of

21
WEBSTERS at 358 (defining deck as [Slang] to knock down; floor.)
23

the gaps in the video footage it is impossible for a neutral observer to rule out the possibility that
Mr. Walker touched him even once, even slightly. He didnt, but he recognizes the limits of
what this video evidence shows. Still, to believe that Mr. Walker struck Mr. Kimberlin multiple
times, one would have to believe that Mr. Walker timed each action precisely between
snapshots so that one not only doesnt see the blow, but one doesnt see any movement from
Mr. Walker indicating that he was about to strike, or had just struck, and one doesnt see any
reaction from Mr. Kimberlin in terms of being knocked by the blow or recovering from it. The
same can be said of the allegations that Mr. Walker wrestled with him or pushed him; one would
have to believe that both Mr. Walkers actions and Mr. Kimberlins actions were timed perfectly
so that the complete motion was missed by the snapshots.
50. Still it wasnt until sometime in March of that year Mr. Walker learned, through
his attorney Reginald Bours III, Esq., that there was video footage of the incident. Shortly after
this revelation, the States Attorney chose to nolle prosequi the charges against Mr. Walker.
Upon information and belief, they made this decision after reviewing this video.
51. But this was not the end of the instant Plaintiffs abuse of the system and other
cruelty. For one, as a direct result of the Plaintiffs actions and the fear he inspired, Mr. Walker
and his wife were both fired from their jobs. On another occasion Mr. Walker was at the
Howard County District Courthouse seeking a peace order to protect him from one of Mr.
Kimberlins associates when Mr. Kimberlin showed up at the courthouse and stalked Mr.
Walkers wife in the courthouse parking lot, circling her car, taking photographs of her. He later
photographed Mr. Walker when he rushed out to see if she was okay and published the pictures
on the internet for the world to see. The Plaintiff was later photographed outside of a party Mr.
Walker was attending in the National Harbor area; he was wearing an Arabic keffiyah wrapped
24

around his head in an apparent attempt to look like a stereotypical Islamic terrorist. Additionally
Mr. Walker has himself become a victim of the crime of SWATting.
22

52. To this day, Mr. Walker never goes out in public without making sure a friend or
loved one is around to be a witness in case the Plaintiff tries to frame Mr. Walker for another
crime. And every time he or his wife drives, they first check underneath for bombs. Mr. Walker
wouldnt wish this upon his worst enemy, let alone KU, a person (or persons) who, as best as he
can tell, simply wanted to help out someone in need.
53. Finally, with four other named defendants, there is no need to reveal KUs
identity at this time. If the Plaintiffs claims survive a motion to dismiss, why not dismiss the
claims against KU without prejudice and let the case go forward with only the named defendants
to see what happens? The ultimate result might be a finding that the Plaintiff actually is a
pedophile, a decision that could be used as defensive collateral estoppel in KUs favor. Or it
might result in nominal damages informing this courts balancing of the Plaintiffs right to
recover with KUs right to remain anonymous. In either circumstance this court might be
thankful that KU was allowed to remain anonymous.
54. Mr. Walkers history with the Plaintiff demonstrates that the Plaintiff has a
tendency to claim urgent need of information that he makes no legitimate use of but instead uses
to stalk and oppress those he considers to be his enemies. Accordingly, this court should find
that KUs right to anonymous speech outweighs the Plaintiffs right to recover any alleged

22
See e.g. Lee Stranahan, Blogger Aaron Walker Latest Swatting Victim, BREITBART.COM, June
25, 2012 (available at http://www.breitbart.com/Big-Government/2012/06/25/Blogger-Aaron-
Walker-Swatted) visited December 15, 2013, Exhibit DD; see also Aaron Walker, What
Happened Tonight, ALLERGIC TO BULL, June 25, 2012 (available at http://allergic2bull.blogspot.
com/2012/06/what-happened-tonight.html) visited December 15, 2013 (Defendant Walkers
first-hand account of the SWATting), Exhibit EE.
25

damages. Therefore for all of the reasons cited herein, the court should grant KUs motion to
quash.

Monday, December 16, 2013 Respectfully submitted,



Aaron J. Walker, Esq.
Va Bar# 48882
23

7537 Remington Road
Manassas, Virginia 20109
(703) 216-0455
AaronJW72@gmail.com




23
Mr. Walker is not admitted to practice in Maryland and appears only representing himself.
However, as a legal scholar, Mr. Walker felt this court would benefit from his insight into the
law and the facts of this case, as well as his own experience with the Plaintiff.
26

VERIFICATION


I, Aaron Walker, state under penalty of perjury under the laws of the United States of
America , that the foregoing information is true and correct and that all exhibits are true and
correct copies of the originals.

Dated:





__________________________________

__________________________________
(print name of notary public)
NOTARY PUBLIC

My commission expires on: .
INDEX OF EXHIBITS

Exhibit A: Video Exhibit: Music Video for Song For What Its Worth performed by the Plaintiffs
band Op-Critical

Exhibit B: Video Exhibit: Music Video for Song Fear Not by the Plaintiffs band Op-Critical

Exhibit C: Video Exhibit: Music Video for Song Exile by the Plaintiffs band Op-Critical

Exhibit D: Video Exhibit: Music Video for Song Fear by the Plaintiffs band Op-Critical

Exhibit E: Video Exhibit: Music Video for Song Happy Springtime (Bush is Over) performed by the
Plaintiffs band Op-Critical and the Harmonic Angels

Exhibit F: Video Exhibit: Footage from Security Camera, Montgomery County Circuit Court,
January 9, 2012

Exhibit G: Doonesbury Cartoons; Relating to the Plaintiff and his accusations against Vice President
Dan Quayle; (Quayle is represented by the artist as a feather)

Exhibit H: Jason Vest, Arts and Entertainment: Music Review, February 23, 1996

Exhibit I: Monica Hesse, A Little Surprise For the Prize-Giver, November 8, 2007

Exhibit J: Cara Hedgepeth, Video from local singer Kelsie Kimberlin surpasses 50,000 views on
YouTube, Aug. 28, 2013

Exhibit K: Arlette Saenz, Senator Asks DOJ to Investigate SWAT-ting Attacks on Conservative
Bloggers, Jun. 6, 2012

Exhibit L: R. Joseph Gelarden, Kimberlin Case a Maze of Murder, Deceit, October 18, 1981

Exhibit M: RetroIndy: The Speedway Bombings, Part I: For a Week in 1978, the Town of
Speedway was Terrorized by a Serial Bomber

Exhibit N: RetroIndy: The Speedway Bombings, Part II: Building the Case Against Brett
Kimberlin

Exhibit O: First Amended Complaint; Kimberlin v. Allen (2011) case number 339254V

Exhibit P: Excerpts from Transcript of November 14, 2011 Hearing; Kimberlin v. Allen (2011) case
number 339254V; awarding nominal damages to Kimberlin

Exhibit Q: Copy of Mr. Kimberlins Motion to Compel; Kimberlin v. Allen (2011) case number
339254V

Exhibit R: Recovered Text of Mission Statement from Everyone Draw Mohammed website

Exhibit S: Settlement Offer by Mr. Kimberlin; January 3, 2012

Exhibit T: Excerpts from Transcript of April 11, 2012 Hearing; Kimberlin v. Walker (I) (2012) case
number 8444D; Mr. Kimberlin states that he learned of Mr. Walkers identity on
December 31, 2011

Exhibit U: Letter from Brett Kimberlin to various law enforcement agencies; January 5, 2012

Exhibit V: Redacted copy of Mr. Kimberlins Motion to Withdraw; Kimberlin v. Allen, (Md. Mont.
Co. Cir. Ct. 2011) case number 339254V

Exhibit W: Excerpts from Transcript of January 9, 2012 Hearing; Kimberlin v. Allen, (2011) case
number 339254V; Mr. Walker orally moves the court to seal the un-redacted version of
Exhibit I and the motion is granted

Exhibit X: Application for Statement of Charges; filed January 9, 2012 by Mr. Kimberlin against
Mr. Walker

Exhibit Y: Petition for Peace Order; Kimberlin v. Walker (I) (2012) case number 0601SP005392012

Exhibit Z: Email from Mr. Kimberlin to Beth Kingsley, Esq.; January 9, 2012

Exhibit AA: Excerpts from Transcript of April 11, 2012 Hearing; Kimberlin v. Walker (I) (Md. Mont.
Co. Cir. Ct. 2012) case number 8444D; Brett Kimberlin states under oath that the
contents of Exhibit N are truthful

Exhibit BB: Excerpts from Transcript of February 8, 2012 Hearing; Kimberlin v. Walker (I) (2012)
case number 0601SP005392012; Mr. Kimberlin testifies to his version of the events of
January 9, 2012

Exhibit CC: Excerpts from Transcript of April 11, 2012 Hearing; Kimberlin v. Walker (I) (Md. Mont.
Co. Cir. Ct. 2012) case number 8444D; Lt. Col. Sherman of the Montgomery County
Sheriffs Office explains how footage is recorded in the Montgomery County Circuit
Courthouses security camera system

Exhibit DD: Lee Stranahan, Blogger Aaron Walker Latest Swatting Victim, June 25, 2012

Exhibit EE: Aaron Walker, What Happened Tonight, June 25, 2012
EXHIBITS A-F
Exhibit A: Music Video "What It's Worth"
Performed by the Plaintiffs band Op-Critical
Exhibit B: Music Video "Fear Not"
By the Plaintiffs band Op-Critical
Exhibit C: Music Video "Exile"
By the Plaintiffs band Op-Critical
Exhibit D: Music Video "Fear"
By the Plaintiffs band Op-Critical
Exhibit B: Music Video "Happy Springtime (Bush is Over)"
Performed by the Plaintiffs band Op-Critical and the Harmonic Angels
Exhibit F: Video Exhibit: Footage from Security Camera
Montgomery County Circuit Court, January 9,2012
GUIDE TO VIDEO EXlllBITS
The files are not set to play automatically. Instead one should open the disc using Windows Explorer or
a similar program and select the file to view. It will most likely run automatically in Windows Media
Player.
The files are named according to their exhibit, thus: "Exhibit A," "Exhibit B"... and so on, respectively.
Exhibits A-E are music videos starring the Plaintiff and/or his band Op-Critical. The court might not
recognize the Plaintiff, so to assist the court, a still has been pulled from each video showing the
Plaintiff.
Exhibit A: The Plaintiff doesn't appear on camera.
Exhibit B: This is an image of the Plaintiff watching television. He does the lead vocals in the video.
Exhibit C: This video features the Plaintiff pretending to be a terrorism suspect subjected to
waterboarding and tortured. This is an image early in the video of him:
Exhibit D: This video features the Plaintiff arguing that we are too afraid of terrorism. Here is the
Plaintiff singing in what appears to be the DC metro:
Incidentally, in the same video, at about 3:26, one sees a gym bag left alone, an apparent reference to the
bomb that maimed Carl DeLong:
Exhibit E: The Plaintiff appears several times in this video. This is one of those moments:
Meanwhile, Exhibit F is security footage taken from the Montgomery County Circuit Courthouse, on the
ninth floor, outside of courtroom five.
To help the court to interpret what it sees on the video, this is a sample still from the video showing
Walker, Kimberlin and the timestamp at the bottom:
It helps in identification to remember that Mr. Kimberlin is about six inches shorter than Mr. Walker.
If the court encounters any difficulty viewing these files, it should not hesitate to contact Mr. Walker.
EXHIBITG
Doonesbury Cartoons
Relating to the Plaintiff and his accusations against Vice President Dan Quayle
(Quayle is represented by the artist as a feather)
DOONESBURY COMIC STRIPS
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EXHIBITH
Jason Vest, "Arts and Entertainment: Music Review,"
February 23, 1996
12/14/13 Jailbird Rock- Washington CityPaper
By Jason Vest February 23, 1996
To knock on any door along the street would not be an exercise in courage. It's a
typical street in a sedate Maryland neighborhood, lined with spacious single-family
houses, lawns, driveways-the happy suburban domain of those on the middlejupper-
middle-class borderline.
But amid the uniformity of painted shutters and shoveled walks, there's an
ostentatious and perhaps slightly sinister anomaly. While most of the other houses
have VWs, Toyotas, or Nissans parked out front, one driveway boasts three new
Mercedes. Two are low, black, sleek; the third one's an arresting shade of red. While
not unheard of in this neighborhood, they seem a bit out of place.
But then, so does their owner. In fact, given his history, his presence in this area, let
alone this neighborhood, seems bizarre. The irony is not lost on him. "When I got
thrown in solitary back in 1988, all my friends in prison were joking that while Dan
Quayle got to go to the White House, I got to go to the shithouse," he chuckles. "Now
I'm here in Washington, and he's back in the shithouse-Indiana."
His given name is Brett Kimberlin. But political junkies (and devoted readers of
Doonesbury) are probably more likely to remember him as The Guy Who Used To
Sell Dan Quayle Pot (and who became a cause celebre when the U.S. Bureau of
Prisons wouldn't let him talk about his dealings with Quayle-and Quayle's DEAfile).
Something of a business prodigy, Kimberlin, at age 16 in 1970, opened a hugely
successful Indianapolis health food store-so successful, in fact, that six years later a
city merchants' association named him businessman of the year. Ironically,
Kimberlin wouldn't be able to stay for the whole awards ceremony, owing to another
business commitment: His beeper alerted him to the fact that an ll,ooo-pound
shipment of marijuana-smuggled on a U.S. Navy airstrip, no less-had just arrived.
(Alicensed pilot since 16, Kimberlin came up with the idea.) Being a store owner,
many later discovered, was just one of Kimberlin's talents.
In fact, there seemed to be no end of facets to his personality. Sent to prison in 1979
on drug trafficking and explosives charges, Kimberlin quickly enrolled as a law major
1/7
12/14/13 Jailbird Rock- Washington City Paper
in a State University of New York correspondence program. He took his bachelor's
degree, got certified as a paralegal, and became an effective jailhouse lawyer. He
started working out; within a few years, he was a nationally ranked weight lifter in
the 144-pound class. A practitioner of yoga since the mid-'70s, he became a sort of
spiritual mentor to fellow prisoners, selling many on the virtues of vegetarianism. And
when he got out of prison in late 1992, he quickly re-established himself in the
multimillion-dollar import-export business-but this time, moving legitimate
commodities.
But now, as Kimberlin prepares to mark his third year as a Washington-area resident,
yet another persona is emerging: Brett Kimberlin, alternative rocker.
"While I was in prison, I did everything I could to keep my head outside the walls,"
explains Kimberlin, a short, wiry guy who looks and sounds a bit like comedian David
Spade. ''Writing songs was part of that. And when 1 got out, 1just had a lot of rage, a
lot of feelings I needed to get out. I'd seen a lot, and felt 1 had a lot to say. This was
my way of saying it."
Titled Escape From Hell, Kimberlin's debut album-released under the name of his
band, Payback-won't be out for at least a few months. Kimberlin describes its
musical ethos as "alternative-PJ Harvey with a dick." The album can indeed be fairly
characterized as alternative, as there's velY little else out there that sounds remotely
like it. As produced by Paul Mahern, who has worked with performers ranging from
199y Pop to the Judybats, almost all the songs on the album-which range from
lecherous ramblings of dubious taste to intricately arranged paeans to the human
spirit and dead relatives-have a distinctive sound. The anti-conservative, anti-PC,
and plain anti-authoritarian numbers share dark and edgy settings.
"1 would say the songs are raw, heavy, and somewhat frightening-pretty much what
you would expect from someone who spent many years in prison," says Mahern.
"When I heard his four-track demos, they just seemed genuine. Alot of younger
musicians focus on what people are expecting, or perfecting one recognizable sound. 1
think Brett just wants to write what he wants, and 1 really liked that. This is not a
record made by someone with an eye toward a marketing strategy."
There are a few radio-friendly tracks on the album: "Crash and Burn," a Randy
Newmanesque portrait of a brother's self-destructive impulses, should prove

2f7
12/14/13 Jailbird Rock- Washington City Paper
accessible to just about anyone, while songs like "Life's a Bitch," "Sowing the Seeds of
Revolution," and "Rock and Roll World" could appeal to WHFS or DC-IOI listeners.
While Kimberlin says some degree of commercial success would be nice, he insists
that it's not his intent to tIy to use an album to cash in on his notoriety. "1 think that
would be a normal reaction, because so many people try to jump on the Is-minute
bandwagon, do the John Bobbitt kind of thing," he says. "If people want to view this
that way, it's their choice. But they're missing out on something important."
From the cynic's point of view, it's easy to dismiss the above as the PR of a wannabe
rock star using a "fuck you if you don't like it" approach to provoke the skeptical into
buying his album. It's true, however, that he's not doing it for the money; because of
an odd set of circumstances, Kimberlin's doing quite well in the financial realm.
While in prison, Kimberlin made the acquaintance of a fellow prisoner who needed
help getting family members out of the Soviet Union; Kimberlin, the jailhouse lawyer,
read up on immigration law, and did their asylum applications. Over the years, he
handled numerous asylum cases for Russian Jews, including relatives of one Valentin
Kariman. After the U.S.S.R.'s collapse, Kariman became a high-ranking government
official in Ukraine. To show his gratitude, Kariman brokered a few deals between
Kimberlin and Ukraine; now, Kimberlin is exporting lube oil and tires to the former
Soviet republic. "That's how I got the Mercedes out front," he says.
So if it's not the money, why, then? To be sure, his comments about using music to
vent post-incarceration feelings of lust, rage, and contempt are valid. But those
feelings are also rooted in a subversive desire and laced with a healthy dose of
arrogance.
He sees himself, he says, as "one who speaks the truth the way John Lennon did."
"It's like what Lennon felt when he wrote 'Revolution'-he said this is about
something; this is important," he says, then sighs. "1 feel really sad for kids today,
because they don't have any real radical role models like we diel" Another sigh.
"Hootie and the Blowjobs? 1t's enough to make you puke. And all these other bands
whining....If you wanna be brought down, be brought down, you worthless piece of
shit! What I sing about on tracks like 'Soldier of Fortune' and 'Sowing the Seeds of
Revolution' is how I'm gonna fight, and make it. I went to prison, and goddamn it
3f7
12/14/13 Jailbird Rock- Washington City Paper
I'm not gonna let them take me down!"
Not all the songs on his album-which Mahem characterizes as minimally produced
and "pretty much Brett"-have political overtones, which in some respects may be
unfortunate: While tracks like "Life's a Bitch (For a Government Snitch)" and "Who's
Next" (a song about unfounded sex crime accusations) have a definite edge to them,
others, like "Waiting to Meet" and "Teen Dream" (both about having sex with teenage
girls) are lacking in subtlety and tend to make one squirm. But this is exactly what
Kimberlin wants.
"I say things a lot of people are afraid to say. Yeah, 'Teen Dream' is about fucking a
teenage girl. Every guy who's seen a good-looking teenage girl has thought about it.
I'm talking about that lecherous quality that every man, though he won't act on it,
has."
It's his fondest hope that conservative presidential candidates will hear the album and
publicly condemn it, since some of the lyrics were written with them in mind (''You're
always trying to tell me not to toke/you're always trying to tell me what to
fear/You're always trying to tell me when to smoke/You're always trying to tell me
what to hear"). Of course, this isn't an album Tipper Gore will like, either, and if the
president hears the album's last track ("Hillary," which includes the lyric "I'd love to
tell you that you make me hot/I'd love a taste of what you've got"), he, too, might be
inclined to favor record labeling.
But on one level, what his critics think of Kimberlin's album really doesn't matter.
While everyone's life could be a book (Kimberlin's life, in fact, will become a book
later this year; New Yorker writer Mark Singer has expanded his article into a
biography), few have as many twists, turns, and bizarre plot developments as
Kimberlin's. Few have also been as unexpectedly fulfilling. While many of us might
reflect a bit wistfully on how, as children, we wanted to be a multitude of things when
we grew up, few of us have actually seen it happen-especially on our own terms.
In five years' time, the album cut by Brett Kimberlin could be remembered with
anything from admiration to disdain. But for a guy whose life has been a series of
shifting personas, what will matter for him is that he got a little press, rankled a few
people, moved on, and was able to add yet another identity-"musician" at least, "rock
icon" at best-to his shadowy repertoire.

4f7
12/14/13 Jailbird Rock- Washington GityPaper
But, he acknowledges, one thing will forever elude him. 'Whatever I do," he says,
wryly grinning, "111 probably never get my own exhibit in the Dan Quayle Museum."
CP
Bill Mcintosh
July 30,2013
EAVE A [NT
Hey pretty interesting article. Did anyone ask Kimberlin about his
conviction for the Speedway bombings and having seriously
wounded Vietnam war vet Carl DeLong (and his wife Sandra)?
Carl DeLong had to have his leg amputated as a result and surely
his resulting disability (thanks to a bornb he spotted) didnt help
when he eventually commited suicide. Tha Dan Quayle angle was
cute. We are also a few days past the anniversary of the unsolved
murder of Julia Scyphers (July 29th 1978) who was "violently
opposed" to Brett Kimberlin's relationship with her daughter
Sandra and his "strange affection" for Sandra's daughter who went
with Brett on unsupervised out of state trips. I wonder if Brett will
write a song about screwing pre teens. Why not ask about these
little issues in a followup interview?
advertisement
5f7
EXHIBITS I AND J
These Exhibits are articles primarily about Brett Kimberlin's oldest daughter and
therefore I am removing them entirely from the copy of this Memorandum I am posting
on the web. You will simply have to trust that they are what I purport them to be.
--Aaron
EXHIBITK
Arlette Saenz, "Senator Asks DO] to Investigate SWAT-ting Attacks on Conservative
Bloggers"
Jun. 6,2012
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HEADLINES (/BLOGSIHEADLINESI) POLITICS (/BLOGSIPOLI TI CSI) ENTERTAINMENT (IBLOGSIENTERTAINMENTI)
Senator Asks DOJ to Investigate
SWAT-ting Attacks on Conservative
Bloggers
o Text
By Arlette Jun 6. 2012 6:37pm
Saenz
allege they have been targeted through the use
of harassment tactics such as SWAT-ting (fooling 911 operators into sending
(hl1p:I!lwitter.com/Arlenesaenz)
emergency teams to their homes), in retaliation for posts they have written, and now
Sen. Saxby Chambliss, R-Ga., has stepped into the matter. He has sent a letter to
Attorney General Eric Holder urging him to investigate the SWAT-ting cases to see if
federal laws have been violated.
"' am writing with concern regarding recent reports that several members of the community of online
political commentators have been targeted with harassing and frightening actions. Any potentially
criminal action that incites fear, seeks to silence a dissenting opinion, and collaterally wastes the
resources of law enforcement should be given close scrutiny at all levels: Chambliss wrote in the
letter (http://www.chambliss.senate.gov/publiclindex.dm/pressreleases?ID=9f27aObe-cc7d-43e7-bbd8-
6b794f5baOfd).
"Regardless of any potential political differences that may exist, threats and intimidation have no place
in our national political discourse. Those who choose to enter into that political discourse should not
have to worry about potential threats to their or their family's safety," Chambliss continued. "While I am
certain that local law enforcement is reviewing each of these instances, I am asking you to please look
into each of these cases as well to determine if any federal laws may have been violated. Future
targets of SWAT-ting, whether engaged In political speech or not, may not be so fortunate as to escape
physical harm:
ABC News spoke with two prominent conservative bloggers who were victims of SWAT-ting, a hoax
tactic used by some hackers to infiltrate a victim's phone system, often through voice over IP (VOIP)
technology to make calls appear as If they are coming from a residence. The perpetrators call police to
report a violent crime at that home to which the police respond, sometimes with SWAT teams.
Just after midnight on July 1, 2011, Patrick Frey, a deputy District Attorney in Los Angeles and a
conservative blogger who writes under the name "Patterico: heard a pounding at his door as sheriff's
deputies arrived to investigate a call from Frey's home about a man who claimed he had killed his wife.
But no one in Frey's home had been killed, and no one had made a phone call to the police.
About The Note
Throughout the day, ABC News' political team
contributes to The Note with the very latest news and
analysis from the nation's capital and the 2012 campaign
trail.
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"It's a phone call that could have gotten me killed: Frey wrote on his blog about the incident
(htlp://patlerico.com/2012/05125/convicted-bomber-bretl-kimberlin-neal-rauhauser-ron-brynaert-and-
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Frey was cuffed by police while they woke up his wife, who was asleep in their room, and questioned
her about the safety of the children. Helicopters swarmed overhead with searchlights as the sheriffs
deputies Investigated.
Frey told ABC News he received email threats prior to the SWAT-tlng incident.
Late last month, Erick Erickson, the editor of the conservative site RedState.com, was the victim of the
same type of targeting. He had written about Frey's case just a few days before.
Erickson sat at home in Macon, Georgia with his family while his children played outside over Memorial
Day weekend when two sheriffs deputies drove to the house alter receiving a phone call about
Erickson allegedly shooting his wife.
"My first thought was, 'What have the kids done?'" Erickson said alter seeing the police car outside his
home. ''The police officer approached me in the driveway and said it was a call about an accidental
shooting. According to the 911 call, the person claimed I had killed my wife."
Erickson, who said he has received other types of threats in the past, had alerted the sheriffs
department after Frey's experience in case he became the victim of a similar occurrence.
The Bibb County District Attorney's office in Georgia currently is Investigating the case and could not
offer comment on it. Asked who he suspected was responsible for the phone call to police, Erickson
declined to speculate.
But several conservative bloggers have been vocal about who they believe is responsible for the
SWAT-tings and other forms of harassment - Brett KImberlin, a man who was convicted of a series of
bombings in Speedway, Indiana in the 1980s and made headlines in 1988 when he claimed to have
once sold marijuana to then-vice presidential candidate Dan Quayle.
The group of conservative bloggers organized "Everybody Blog About Brett Kimberlin Day" (
http://leestranahan.com/welcome-to-everybody-blog-about-brett-klmberlin-day) on May 25, during which
they urged the blogging community to write about the actions of Kimberlin.
KImberlin, who is now the director of a non-profit organization called Justice Through Music, told ABC
News that he did not commit or ask anyone to conduct the SWAT-ting hoaxes that were perpetrated
against Erickson and Frey.
"Of course not, it's ridiculous. It's totally irresponsible for them to even say this: KImberlin told ABC
News. "There is no truth to anything about the SWAT-ting."
But some conservative bloggers contend KImberlin and his associates are responsible for other forms
of harassment as well. Robert Stacy McCain, a contributor to the American Spectator and founder of
The Other McCain Blog, wrote about Kimberlin, and shortly after, his wife's place of employment
received a phone call from Kimberlin accusing McCain of harassment. Based on Kimberlin's ability to
find his wife's employer, McCain became concerned Kimberlin also knew the location of his home, so
the McCain family relocated to an undisclosed location.
"If I was going to continue doing this story, I couldn't do it from my home: McCain told ABC News. "This
kind of intimidation - it's a threat to protected first amendment expression."
"It's being treated as these are just bloggers playing around on TWitter, but this is serious business.
It's much more serious I think than most people now realize: McCain said.
Ali Akbar, the president of the National Blogger's Club, an organization established to support
bloggers, recently was targeted by an anonymous website which posted the address of his mother's
home (http://www.breitbartunmasked.com/rogues-gallery/national-bloggers-club-unmasked/) in Forth
Worth, Texas, along with a picture of the house. Akbar and other bloggers believe the website,
"Breitbart Unmasked: is linked to Kimberlin.
The National Blogger's Club recently started a relief fund to help ease the financial woes of bloggers
who are undergoing lawsuits, including one lawsuit by Kimberlin against blogger Aaron Walker, and
Akbar believes the anonymous post of his mother's home address was a response to the creation of
this fund.
"They decided to take this from a discussion about me trying to help some members of my club, and
they tried to disable us: Akbar said.
Akbar and his mother are cooperating with the Tarrant County District Attorney's office regarding the
incident.
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Kimberlin denied he was responsible for the post, even saying that he does not maintain any online
presence and said he and his family have been victims of threats themselves and accused the
bloggers of constructing a "false narrative" about him.
"I don't blog, I don't comment, I don't tweet on any blogs at all. This is a right-wing attack on me and my
organizations and it's a smear job. It's a swift boat action against us: Kimberlin said. What they're doing
is an obstruction of justice and it's defamatory. We're cooperating the authorities in this matter.
They have engaged in a massive smear campaign against us that has resulted in death threats to me
and my family and to others associated with us."
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EXHIBITL
R. Joseph Gelarden, "Kimberlin Case a Maze of Murder, Deceit,"
October 18, 1981
"
,
Bizarre' ,'by .'
. . .. . . ' .. ,'. .-. ' .' ; .". .', ,:'., : " , .' .,.... ,.'., . ".'. . .' '.. .
.. mIJ ..
'-' Olhi!r names. ,10' .be' per:" .impression am<lft/(police -trail that :Started with murder' of afallintTV.tray.drew ,
Brett C. Kimberlin schemed' 10 sons whO cheated Kllnberltn In prog !=ould. not be the real. !If a housewife _near of her husband:Fred. Ga:and lie saw a .
!lude' justice with a series o( bizaire 'deals. were by dollar signs:. Spe,e?wa.y bOf!1ber: Again. the inmale lhe Motor .speedway and . nJiln pulling out of'the 'in a
designed to murder. maim and They were 10 be roughed. up and Lnvestlgal0l'!!. '-' wound Its way to .ohiO, Texas, Colom lale'model car. , . , ..:
rOb his-en('rilies. havoc - at .robbed. . . _. n hatred . bi.,!, an_d back: 10 I.ndianapolis. , . ." Spe,edway police were puzzled 'b:--:'
Speedway and discredit It{e chief gov . "THERE WERE six to tJe killed. PYlit,t. refernng. .. as "PontI', . :"'Iong th:e way. delecttves found lhe murder. "Slie had no enemies."
emmt:nl prosecutor. -- two or three .to be,roughed up.and one us'. PylltL- Th.e bomber maimed ,.bodies. ,broken they said..
These . plots occurred as lawmen or tw'o were to be robbed." a source outhned ..hLm. strange relationships and inJernallOnal . '. B t h "d'd In' t' 1 . t d.'-
rollowed the trail of' the man who-' said l, , . '" .' In hIS dlstlOctlve, -,printed style drug . ..- ,_ h he I S ors carne
lerrorized Speedway wilh bO]Tlbs 'in', . I' v'. script. .Kimberlin 'noled was a . The trail ended as it began. _ with 1.'1' aug an was a .,'
1978 Th
. I d t Th I nslead of followlOg throtlgll on bachelor and th"refore vuln"rabl" ,. a"bruta'l m'u d '" . '. close.. very close. fnend. or_Brell .C-
. ey were revea e 0 en ,Fr be I" If th' I tOO d ff' . " '-"."\. I' cr. ..,.. . K' b . Th I' h"" b
'j' I' I t--k fl 1.... Mm s.o er. e lOrna e Ippe 0 jail inmate ..:. a.third onp - was'urged - '0 'Sat d r J I 29' 197'8 "J I' 1m erhn. e re allons IP elween'
I anapo .IS Wlr as wee 1.'1' a "",er authonttes . -. .' n ur a). u y. . u la the pair was compr caled b his
II jury. Kimberlin, 'of the' . . ' ' ... '. '. .' (1) .. a woman ..seduce . Scyphers..- a . . . [
I. b' . . . . In 'a second eplSode. ..Klmberhn _-P-.'hll 10 lull Vlew of lhe- vldeolape' wa - h .1" .. h Lt' .. h for Mrs-. Barton s
,om tngs. . . - ----.... . , .. -..1 . S In Ivmg room c a tng Wit. t d hI Debb'
,." . . wan'le<l to convince Jawme"!. cameras ,.of' a is'lvcstigator. her. al home een. aUI; .;1': Ie., . .'.
,.>. of y. pad. lI)nocence .50 he aS,ked anolher Jail . "Pyli1t. has political .ambilions" aL 1651 Cunningham Snee<!way, InvesGgalors Debbie. ae':
In asked another mmate In the .' I' '1" t d' . . . " . d K' b I' ,- r I
.' ... ' . . Illma e. 10 wn mg;-,o crea c'a lver, Kimberlin utrote "He' wants .to be .. "AbouV3'p.m, on' eOllljJ4n1e - 1m erlO on severa ong.
CQunly Jail to arrangefor the ' . . -,. .. f.. .' ,n.. I -- --.. d--'-" I d' h I'd
. . , ',' . slon,. . _ .. - ".- .-. . .' governor:: Kimberlin" e:cLlo..- em, her' croor asklnC about some' Items shl! .. unsupervlse trips. IOC U mg 0 lays
lIlurtier of Bemard L (Budd 1 lilt. . . .'. ... . . . .-' . .'.. ' - .-. '. .. _. '"
, . fi . . us y Py . Kimberlin pledged to gIve lhe tn barrass 'and discredit bllT.l With' the . 'hao olspfayecj at a garage sale . 10 Flortda. MeXICO aod HawaII.
lhe former Irst.asslslanl ..-allorney . .' .' .... . '- '.' .., .
Nho 'coordi.(1ted his malLmoney. to posl ball. An_d.. for. "":hen Mrs. Scyphe:s ... " Ml;s.. .. .di.sap--;:-
'. The oHer contained a or .lO::Tnma..lfwafsupposed a bomb . !he .thlrd ,time. K,mberltn to garage :0 the. KL.mbcrhn 1'7".
including a 'potential .prcisecu. ,- made WIlh Identical comppnents I.he S (lies. '. he slipped a pistol [rom ;. la.lIOJlShllY With. Debbie her moLll':'
lion lhe..elg.h,l blasts -;- . 'A schem! W'iJ'5 IlL... b!a.ck brIefcase her .er. co neer!'! Ua ndmo.ther:
names had crOsses next 10 them.' In. t.he , ' .. - dlscredll BI.xlcr.. .' 1he back ,of l.he-heaa: .Slle slumped to, for ..Debblc, ano' her. SISler..
These 'in'dicated ';-those" tnarked for. THE EXPLOSION was 10 be timed' . TIfE' INVESTIGATION. '01 the' beside the 'lo leave Lh,ell'
murder: learned. '. : .. ,-. when . .bombi'ngs: roll?...... ed',a '. ':'A' as 'the .. sound . .:. . IS -':':
": ........, .' . . .. ;". r, :, .... .... _. .' .... ; ... r ,"., ';'. ,,:" ._ ...... . " ... ".__":' ',. "., ::. , : -1
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l . 'B;Cll C. 'Kimberlin's' 1910 (hcHolel
. Car in .....hlch bomb lo'!ild
... b I- '"f -- ", . .
'-.. \lm .er 1n "I - .. '" .: _." ',' _ , '
, COlld.1M4 From Poce i I Nelh.u..:; is'inlormallon 'ht .
nd 1'lIO'" III ",llh M., ' H. po,nled I. lhe ..uilc..... bl.r' was ....Ily ""'red in..lndian.polls lor"
SPAI\ATED "ROM 1\111\, In, I!!< Bele.' a.nd: I, wenl. while bel.... il ..as laken 10 'M D.y...
betlln.lIl....,.nOd lul<ld< . 1'hon I N>(l. Ion bOdy .hop, . .
ThC IIIVnllslon lOid Kim' Ign,red 'he .... -\v. Ihink II .... al 1Il. h.mo 01
btttlll Will Ripple '<t'II. 1My M.rk 'Tlmc IIl!lt'r.. I girllriend: said a SOllT<O..
mill ..hO ....lIed 1I0tt lhol 6014 . waS .".unn!... . . -AI 1M IIm<. SM w law <Itrk I.,
lIalu,al foOdn4 Sarlh $tlots Gnd N",h.us c.11td h.. psrlner. u.s. Th.mas Faulco""
M. Ihal'sc:",lId only Mallh loads. tto '.IDonO.n. ",liOCitl<>l ordot, .oflk< is ryexl door 10 lhe
,. ""..lAmn who pra<lk'ed tron' . Ing prtlparallon of second Iltatch. .111C't by lh. ...I prosu'
K.nd,"""l rnedil,Uon. ., ' w:l!,unl this o1'tf' ro, the Plileate'. lors, doscness c:a\lscd somt WOr'
BIll. Iht l;..ht..,.Olo bIl.lnts. a';: INSloE'THE1'ul\c_'lhcy dlsC<l\.' ry Ihal..nslliv. inlorm.lion mighl be
po..ed 10 be .h .llboral...\'Crup, f'rt!d 1M 'koy 10 1M born'blng e.u _ , ked 10 KImberlin. No Ie.k w,....
Nartollc' d.lccll.e. hlld I.n. tllunled .Urne.... lnocfirted to lurn on .Ie<lne detOCled.- . . '
dn their cI m.jar MIl,,' eUtrt!nL lead ,hoi. dry"",II' ballcr)'. Around Fob. 8. 1m Ntlhaus and.
JUlna .mup\...... ': ' .. Llltr lab ..ports sIlo"'ed \raC'\'s of. Donovan we,.. surprised when:' T
: 'd4ed the dNa .",u"Un. loulld p".l)' in Tov.", '.,based cus\o?" "Il"nl Wlo:'. Itlem
la lilt wflrd JUIi... '-': Flldn.I'n'OSIrgalors Imed Ialtr ",g aboUI O"I.r.
:Barlon,o.lbblc r.lallon.h1P' II'd be,.. " Illar ,;vining' thAt 1M ...reh G!,' Ih. KIXI .:R. ;i1nt ....... "n
'.qulillllulry IIllQ hi' blek&",un4, '. II '" "', Jackson County proporly '- .... Itr rtnl mall. alipl.ne.1 .n .irporl
, II, monlh lillr. Sopl, I, "'Ithln In .alled I.mily ..11't!GI - nc.r Allco.. T..... The cusloms .gonl
" Milt, blillltd quit' 'uhco,'effil,' bIlrl<d 1."" pl,ying .' fnl.red 81.1.,.
:. ",Ilurb. Ovo. 'h, ,1 h,', Iho,. link h.ld '.000 pounds 0/ marijuana. n.ml In n.tiona' crimo ..mpul"'
. : ,"<Ill 0., ad<!.t1l/!1ll 8.".u,,", Ih.y could nol d.\onnl'!f.tho and 'urned ht wos s""plcd.drug
: , AlihayRh 1Il. 1>,.,1' l<'I'mrd 10 br . 01 Ih. drug. ,I ...os. Irorrlck....Th. (ompul.r r.l!"rlod ol'd.r.d 10 T..., who.. h. \alkod wllh At<Ord"R 17> sourco,,: Kimbe,lin
:. 'MI in ,ell "'hlto 1I1<'y ",ould cau'. II conlr.band. bIl' no one ...as "'est, mort Inlormallon could bt. oblalned Klmb.rlin. Kimb.rlin d.ni.d thl kn.w Iho S'r.11S ..ero help,ng politO In
bul not Injury. on ed.. Iro", No;h.us. Spoodv.'.y .nd Invol..","nt lho Jull. $cyph.n murder probe. lie
:: 11)'"' bOU'I" Ih. 1., O'SP<td. . . "1\ wai. brg d.y.- ':o/,<haus ae Whcn N..haus d.. Kimber". 'on lried 10 Ctl N.ih.us 10. in....Ii
:; "'Ay IlIUh 1>r"'r1 hurlNl (1,.1 I'. II<'- Rn:1\ C. Khnhrr.lln In J978. ... ledged. ',' 1I. lho <UsI.ms agonl said Kimberlin.' -I ",.. just going lor' nde in Ihe R310, Stmils.. who look In
;. Intn lhe nor. hI' leu "t Drp.1rltllMI or . LalOr.gonls would Kimber- was .landing ne'I.lo Bixler in life on. doing nothing iIIeg.l. Ban.n s d.ughlo" .Il.r lhell grand'
.; wu IJlt1' ImpULaledl .nd lnJUrll'\C hit uniform hn and hiS. workers airporL .qd 1 got buslt'd. It 'WIll ail be' clCltrtd was murdtr"Cd. rt
....11. Sandra. , boughl oxpl""'''-1l1 19'1S 10 . Intanned .boul Kimberlin'. llinks 'IP In .. I.", Kim""rlin .r<;<tIM. ported Kimberlin lefl 1M bag al tho
EVEN DEFORE lhe 1.,1 bomb As ogoills 'soncd out dellliLs. lh. ISl.SI y rook $<I bury"to lht marijuana smuuling Irod. cL. ,'<l . Slra;l resldttl.. 10 Iramc lhem I.r lho
bluL 1oc.1 'C.nt> Irom IhO Trnsury owner ol,. W.mide pml shop c.11ed I lank, '. . 10m. agentS beg.n 10 cheCk him ouL Neihaus obtained photos 0{ tM SpoedW3Y bombing.
Burdy 01 Alcohol. To lrom Ih. U.S. Anny 10' boughl .he uplosl,... 1"'0 Th.y diJC.overed he .nd oIhtr Roo nine "'en. a"..led in Itle "Te.... pol On Ma"'h 14. 1m. onl(three d.y
. .rid Flltarms IATI'I jOlned a t<jlOrI. CUSIOITler Atklng him 1o of 2lIO .- Ih. same <xplo . sl<ri wtr. oponly rtnting h13vy equip bomblng: H. brought thtrn b.ck 10 oll.r the ..plosives 10'"
l)undred.m.n , I",l'O ,n,.olig.llng duce mlh"'ry dri,r.. lito"," .nd olh "'0 lal<!r hnked 10. Ih. Speedw.y m.nl to carv. a stcrtl aii'slrip and a Jndian.poll, andSliO"'ed lI>tm 10 fI't<l by Mrs. SlraiL.f'red S<:yph.... dIed 01
'.: Ih. oxplosiOf)s, . or ,o".rnmtn' malorial',' bOmbs -:-... ,he DuPont sal.. 0tJI1e,.. road oul . c.ncer at his Speedw.y homo.'
AI thO Mad ",.ro .\Tr _gtnlJ !l<'r ARMV INVt5TIOATOItS '1IIm' d IklmonL Ind. In 'acL K'mberlln ond hi' .,d.. "ThIs Is Ih. guy lh.t c.me 10 Iho On May 2t lh. M...
nard, C. IlIen' ind rOlnck . 'b)' III' Intld.nl. called nil ABOUT TWO .olter h. so oponly. some drug ..r lh.1 day.- lold Jury dr.hned 10 Indlcl
M. Dono.o,. 31 . Chts"/ . ..."osl,d. Kimberlin WOJ rcl.u('d. col oul 01 1M dt.1. H. will. 1M I wanl 10 ..... hIm In "".son Bo"m.n I.; murd.r 01 JD!
Nelhous. IMionlpol" na,"o. . On Sopl 20. 1971. dOlcoh,U ' Irom jail. :)'he charges ....r. dtoPllOld. OIIher .r...l.d or ond I s.....r 10 .1'-. . StYOh,,,. W,lh Ih$d..Lh th.
"*lS 'bOm on rAlm.r Slrl'C1 on .Iho , ..... Iiltl. mIn. dressed a,. srcutllj' snd ledelll p'o.... uto., by M.I drug gangs. Ihoy ..,d. 1\olhous huddl.d w'lh M.lIon wllno.. Ihlte 6. n. C.>{' c
o
.."
Soulhsid... JUS! .er.., Ih' &lfo<l fr.ni guard. drl\( up 10 1M ,htp in a ..nled 10 dig dooPtr In'o his bOCk On Fnd.y Frb. 16. 1979. COU,,!y Prosoeuior St n Goldsm,lh him, . . r- .
Sltred Hun S,hool. Ill. molhe" II.. whllO mO'Clltvrolol Imo.la. '.round and dr<'id. wh.lher tie 'bould .nd hIS, .s...,.I... stl up ., wh9.J.Ssuell. )"arranl lor Ihe IN NOVEMBER. K'mber'.. tn
: len N.ih.u onc. was vlfl..h.,rm.n About Ih>l I,m. Joekson o"..cd' b. ch.rg.d ' on slal.-or lodtlll - Itle sl'Cl'.1 .'r .IIIp und.. lhe .y.?1 man. Wlihom Bowm.n .1 WH.I Itrt<! a gu.II) pic. I Consp,racy
ollh. C<lunly OcmO(roUc P.ny. Hc .... nl In,.d'< 10 oul Ih. l'1lm. ch.rees- . th. ted.,., Th...althO.. W.,l M.nchMlcr. Oh,o., . cha.go in lhe Tox.s "",rijuan. smug
Ddnov.n.el<:t.n of nlnf .nd ..ked .Ihe kCu.lly Guord IOnce. $OUr.. "'Foiled. Kimberlin ;d unhl US, Navy. rad.r sc,ocn. spol BOWMAN, out on bond .n Ih. gllne rase. Hc'Wa.scnlonted lo ..erv.
tlt..M",Ict_mo.td -Irom-1....Id.nhl.<.lion ..SColL-had-'od .. -'-----:---
MilwaUkee .1I.r ho oblAlntd 0 dtgr.. When Iht roulinc rC<lu.s1 WI} r., L,...led 10 Ind....h.... he suppoSedly .1 Mlco'lfo"d,ng lor Soulh. T...... and .pPtared in Marion County Mu. KimberlIn was lried on II>< Spocd .
'rom Stale Unlvtl1'\Y, luted. Ih<,&tturlly Iludiod Ira.n.scend.nlal O1ed!lalion THE NAVY called 1M customs nldpal Court'on March 1. " w.y bombing c... ln Seplember 11lIlQ. :
Cortlully ,"athtllne ',oem.nll and. SUIi'd 10 lit In a Chllr, Inlend' "'1.lh.. I.mow II. SOld his all<nu! WM r.dioed Ih< ....ICI1<'rs. Fred S.yphers was in Ihe audien... II Jury was unabl. 10 ",.tIl
d'btl' at 'hI bomb .lto. 10. ,'udy hy td 10 Lok. Iht mtn's nanl, nnd ,.1 him brother.I.:trnod 1M h.dclon .rIs 01 lb. Fedor.1 drug agenlS scrambled on Iwo .nd idonlifled Bowm.n. d..,llion .n Ihe bomb,ng ch&es. bill
... eonvlcl('d him 01 Impenonallng a led__
I... ..on II.med II" h"m ....,. "ral 101M 01 Ih. I,k. mlllllllY II \<) hi",...amt lIie cops milltlt' Th. schtmc'- w.s Ihw.rled .. htn munltr ....r.,sohcd ,e,al ollow nnd .Iher mlhor elillr''-'' '
<Iu,.d bY t,ud, but .11..11'. bomb.. toM" him bul ....dttle-.rr";;pOn<l' .- A ledor.1 grand jury .nd,cI<d Kim Jude< J.m.. E. :'lol.nd oratTed him
"1M .ovim wled QIUVand (' iI "'1h.... III ltIu;hl PIlots couldn'lland, -, ha"t 10 aborl: III lho Speed.....rbornblng c:1SO 10 W". 12yt lorm. -
.. ntl""""...rrfli-- ,n. "I.' I" ,d" h,'" and disappear. Ho Ihr pUOI rad.oed to K,mberlln Jnd 28 On ,0<:1. 'lO, 1980. al Oh'o.
ltilO IrOm 0 C\'011 dt, .,'11 lor 1)1' jU$1 d,s.ppe" ltotll comp.ny, "13m oul or luelond COl 10 -or.:..Mar<h 11. 1'Oflh.u....... homc S",," Eo Kimbtrlin.....s muM!ercd In a
,n blA.lInn ";"'h::;3 \ 11 lilll.', .' "and - '. ,.. hen h. COl. c.11 '\USHn. To.t. Htt. w ohot. wilh "'hal .,\
!ho.'eu ,nlO ono.r more eom 1:"0' . J .. . t !U,lltcr rrqul'Sls. ..JlMlon Tilt pl. nO. a rou".ngln. DC.. t "",15 I' ......, "".r. P.IM,. tx!1.... ,d 10 bt' hIS o"'n gun. It ",os.n
I,k. lube" al To,'o. 200 T.",. " " . .fh cl!t J k I 0C'Ced 10 Inlomt.. Wllh (.rryl.g Ib 000 pounds .01 Slt.,L who h.d ....rk.d rlo.ely w,lh ...11\ 15 rillt pureh.<td 01 lhc Outdoor
".I.r .,plos"e produt"d 10 rr I' J'. n: ..t 10 and Donov.n It took placo on Ih. ...r.pped ,n bIlr poUl'O to hllp solv. Ih. m,lJrder ., h.r Spoil. Dayl.n. on'Scpt
place d)' nom".. 10 IJa' S I an .Vtninc 01 Nov. IT. 1918 - Iht .ame lap, ASlhe,lli1ol head.d I.r Ihirporl mOllltr. f3. 1971. by a rolatlvo 01 m.n .u.
AS AJJ' IIGENTS and Oln" pol:cc ';r night lour young ponor' ..ho ....orked al Colulla. Texas., oboul 100 milos -l'ou btll.r sit d.wn. you won" pecled 01 ...orklne wllh Brtll druC I
fY'\('f\ 'rachel PtrsonJ who bQuC
hl
Itlt 'rttd hlmM'lf ' I Cher rulo1ut'an& a.wl)'. the kkkt'd mUnon'" btlievt this." she predicted. "1 was.' The m3n bOught OJ b:Olt or
at Iht,r loc;1 I4lu GuiltL' ".... k.!lnapped and slain. Mrs. earlon dollar cargo oul lilt door. T.,a. police.' raking my yard and lound sack .223 c.llber bul1<!lS at llte samo hm.
C.. "Itelronlc" olhers Ilk<j to VA." ORAWI.D -lie .old. story lhal ... lo..r ..p.ndcd . ridIng hors.... lal,;r lound m.njuana und.r a cod<lrltce ne" I. my hoyst. ON SEPT.:O. 19i8. O..tt Kimbe'rhn I
unC'O\'N 3 motive for ttlt bla\lt hi' wlt$ K,mbtr,U'l' Or fttto -an for Ktmbfrhn, ... bales s,trcwn across 125' miles of df; "'1 litTlf.r$ and t>.plosi\'cs," was JlTfsttd afltr got out or a t9jO \
Kimberlin IClemed 10 Ih. only '., ' ,'AI.TIiOUGII ,urprised, by Ihc "'rL, ". A lielhaustold h.r nolto Chevrolet boughL al.Do)lon on Sopt .
ont' Wllh " POlS/tIe- _ to dl-Sl . name I) IIH ,flC.f FO! ('\'tnt. nn'er tint' bCfn t.tw: louch Lhe bar.. tie, dtSp3lched. an 3&cn, JJ. 191&. a 01
Irlt! pollee rl'O';' Ih. 'cr, Damn. ,V!' r, II t,!'-'I .ur .blt 10 .."bll.h any crediblo link tht Klmberhn ganc .110' ..... Id chas. Irom 1M AT. 01 lit". a\ Austill 10 take .223 .mmu.llIon boucht lrom lh' 0.1
Sr) murd and dtl.y or holl In, 111<' $ptedw.y Ptilli .....n 'h. Burg.r Chol Ih_gh ,tie lumbl.wcodnd ,ag.' charco 01 Ih. door Sport. H..dq..n.... III Ihc'lrunl.
Ih... qU..1 lII\Oslolo,lon or hIm .nappod, Ihe bO:I\blnrJ.1 . bru$. an .rstnal or TIlE BAG contaIned blasting C'P'. of lhe while CII.vrot.v
, ,lhr rrportrd dldn' . "ho govemmenl .11,y1I Sc.n:hing lor Kimberlin's Mer' ...ea!"'1IS. Includ.., a lu'un,li<: bl"".and.",hir. M.rk Time lim.... an .. Last Thunday, a led.ral jUry-con
F,lIy I. 100 ATI" al!<'nll 'nlO' gl ,n ." lI
d
n a nduBtnl ><d.n. ,nv?ug.l.n loc.l "'Ol\lc.Iun gun .. TASAR. PIS' A1\.IS rille and 14 pl.stic-<ov.red ..'u' "Cled !lro.1l Kimberlin 01 1M
Ind .. and begM 2l htur lur n. . , lretl .1 ,n n8' 0 Da)I.n 10h'O' 'epa" .hop. '01. w,lh ...... A'WI$ "n llOllson safiU of To.u200 ..iill l.et.1')' m.. wly bombIng charg""
'oillanrr 01 h'm.n.pplng pklur.. .. Iht 1910 I/IIPII.. Kimberlin 1.lor le,lined ca; W.>S lipped and m.kuhl(l urjly 'ingi IhOl leU righl O.ck I. Iho 1..0' lit '.m: ...eral 1iI000m.. on pm
Iram 1...Ii.nl (0 COunly 10...eO 1M'" wh.n It devolopod tltcltl gllIrd un,lonnJ. CUI' 01 To... boughl by Klmberll. 01 001. H. oaid h. will oPPtol. H. Is 2;
011 .. Cal probloms On SCpI. Jl. ,1'111,' AfI/\ TilE N.",m was Ind_ In 1m; 'yCl" Old, .
Graham ,Iores 10 Jtf If .aMy ('ould F'or('il. Huston.
PIck oul (he m.n "ho bouCht Ihe II'hrn flll .lItnt Jnek "", popped
I,m." - opom Itle Chevy's lit benl O.er I J
Thoy s.1d ",mberhn .Ilke and belln Inv.nloryln. Iht
man Then h(' I,l oul ),,11 lind to
EXHIBITM
RetroIndy: "The Speedway Bombings, Part I: For a Week in 1978, the Town of
Speedway was Terrorized by a Serial Bomber"
12111/13 Retrolndy. The SpeecJwayBombings, Part 11 Indianapolis Star I indy.;tar.com
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ADVERllSEMEN T
Retrolndy: The Speedway Bombings, Part 1
For a week in 1978, the Town of Speedway was terrorized by a serial bomber
Jan. 9, 201311:06 AM
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FILED UNDER
Indianapolis News
Retrolndy
It was about ten minutes before 10 p.m. on Sept. 1, 1978 when the
first two bombs went off. A third exploded at 10:45. Theyd been
placed in trash cans and dumpsters and no one had been close
enough to be hurt, but the blasts were plenty large enough to do some
real damage.
Still, it seemed like it might have been the work of teenage boys, who
may have been sufficiently startled by their own handiwork to
reconsider how they spent their idle time.
AOVERllSEt.ENT
. TMee-separate-explosio:ns
-withIn minutes

. residents and baffling local
-==-"'-='. police. .
:;. 'No seQollS,injllriCS-,were-repcirted;
though sa-e"l!' per50lJS suffered ITlUlOf
.cuts from o>ing' glass other debris.
'. windows exploded
trash 'dumpsters also causeil some prop-
erty damage; a1UloUgh the ex1e1l1 was DOt
il'l1mediately known.
. The rash of explosions Ix-- ...-
9:50 Il:m. when a trash COlltaiJ
Read the slory
More
WtfoNI.indystar.com'artidel99999999INEWS06I1009190121
But the next night another bomb went off, and
then another.
On the fifth night, a Speedway police cruiser
was blown up. It was parked at the Big Eagle
Apartments, at 19th Street and Cumberland
Road, where Patrolman Steve W. Tumer lived.
Tumerwas on vacation so the cruisier had
been parked unused for a while. Earlier in the
day, police had responded to a false bomb
threat at the Coca-Cola plant on 25th Street,
and some wondered if that had been a
diversion to keep them occupied while the real
bomb was planted.
So far there had been no serious injuries - just
some cuts from debris, but no one had been
very close when the bombs went off. On the
sixth night, that changed.
It was at Speedway High School where the
freshman football team had just played a
game and the players were still getting
dressed. HlIldreds of parents and students
were either waiting in their cars or walking
AO\lERllSUlENT
1/3
12111/13 Retrolndy: The Speedv.ay Bombings, Part 11 Indianapolis Star I ind;star.com
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through the parking lot after the game.
A Speedway High School gym bag had been
left by itself, as if forgotten by a player. One of
the parents, Carl Delong, 39, walked over to
retrieve it when the bomb went off. His right leg
was nearly blown off and his leflleg and right
hand were severely damaged. Doctors tried to
save his leg but had to amputate.
The bomb that maimed Carl Delong on Sept.
ADVERTISEMENT
6, 1978 tumed out to be the last one, but
residents of Speedway didn't know that. Each day people wondered
when and where the Speedway Bomber would strike again. As far as
the pUblic knew, investigators had no idea who was behind it
But local police, assisted by federal marshals, did have their eye on a
suspect; someone they theorized might even have set the bombs to
distract attention from another crime - a murder.
... continued
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WNW.ind;star.com'articie/99999999/NEWSOOI1009190121 213
EXHIBITN
RetroIndy: "The Speedway Bombings, Part II: Building the Case Against Brett
Kimberlin"
12/11/13 Retrolndy: The Speedway Bombing5, Part 21 Indianapolis Star I indystar.com
____Ul U l
Retrolndy: The Speedway Bombings, Part 2
Building the case against Brett Kimberlin
Jan. 9, 201311 :05 AU
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FILED UNDER
Indianapolis News
Retrolndy
Broad Ripple
~ ~ ~ _ n r -'
On July 29, 1978, Speedway resident Julia Scyphers, 65, answered a
knock at her door. A man she didn't know was standing on her stoop
asking about items she'd recently tried to sell at a yard sale. She let
him into the garage to look at the items and he shot her in the head.
Mrs. Scypher's husband, Fred, 68, heard the bang and came out in
time to see a car pulling out of the driveway. He would tater tell police
he'd gotten a glimpse of the man who'd come to the door.
When police began looking for a motive in the Scyphers slaying, they
found there'd been a recent family clash. Julia Scyphers' daughter,
Sandra Barton, had become involved with a
man who seemed to Mrs. Scyphers to be
inordinately close to one of Barton's young
daughters. Mrs. Scyphers told friends she was
so concemed that she'd arranged for both of
her granddaughters to come live with her.
WNN.i nd}6tar.com'artidel99999999/NEWS06I100919013 1/5
He was in his mid 20s: slight of build and
boyish looking. He ran a vegetarian restaurant
in Broad Ripple which had been featured in
The Indianapolis Startwo years earlier.
Sandra Barton worked for him there. He also
had a felony record and local narcotics police
suspected the restaurant might be a front for
another source of income - marijuana
smuggling.
As the bombs went off during the week of
Sept. 1-6, each one provided police with
evidence. They found bits ofthe timer,
including one big enough to identify the
specific brand. Only one local store sold that
particular timer. Police showed the store
clerks several photos and one of them picked
out Brett Kimberlin.
Retrolndy. The Speedway Bombings, Part 21 Indianapolis Star I indystar.com
Whether or not Mrs. Scyphers' fears were
correct (no charges were ever filed to that
effect), this incident led investigators to start
looking at Brett C. Kimberlin.
Kimberlin guilty; ,
could get 230 y-ea
rs
A
12/11/13
Read the story
This gave the bombing investigators a break
because Kimberlin had violated federal law by
wearing the 000 insigina. They obtained a
search warrant to inspect the car he'd driven to
the print shop. In the trunk they found timers
just like the ones used for the bombs, and they
found chemical traces of Tovex, the explosive
used in the bombs. Now investigators felt
convinced Kimberlin was their man, but they
didn't pursue charges yet because they
needed a stronger case.
Meanwhile at a different store, a Westside
print shop, the proprietor was becoming
suspicious of customer who wanted to
reproduce military drivers licenses. The shop
owner called the U.S. Army and when the
customer came back, on Sept. 20, an Army
investigator was there too. The customer was
wearing a security guard's uniform with
Department of Defense insignia. hwas Brett
Kimberlin.
A few months later Kimberlin got himself
arrested again. He was in Texas with another
man, trying to rent a small airplane.
Investigators down there soon found out that the men had also rented
construction equipment with which they'd built a small landing strip in
the desert. On the night of Feb. 16, 1979, federal agents watched as
a plane loaded with Colombian marijuana approached the little
Kilflberlir:' Gefs
50 More Years
Read the story
Read the story
HUH"" '11':1- e1AoA..... .t:.
Ki",IH"rli" (':'lSC lJ IIJJ.JZC of IJiurdcr,
lill!i
WMY..incl)star.comIartidel99999999lNEWSOO/1OO910013 2/5
12/11/13 Retrolndy. The SpeedwayBombing5, Part 21 Indianapolis Star I indystar.com
airstrip. But there was a heavy fog that night and the pilot radioed that
he could not land at the makeshift airport and would have to set down
at real airport nearby - but that meant he had to dump the cargo from
the air. The men on the ground, and the agents observing them,
converged in the desert. Nine men were arrested, including Brett
Kimberlin.
Back in Speedway, police showed photos of the men to Fred
Scyphers. They already knew man he'd glimpsed that day wasn't
Kimberlin because Scyphers would have recognized him, but now
Scyphers picked out one of the other photos. It was an Ohio man
named William Bowman, and based on Scyphers' ID he was then
arrested and charged with the murder. Police still believed Kimberlin
was behind it and hoped to get Bowman to reveal the connection as
he faced his own trial.
But Bowman never went to trial for Julia Scyphers' murder, nor did
anyone else. Fred Scyphers had terminal cancer and died on March
14, 1979, about two weeks after Bowman's arrest. With no witness
there was no case and the charges were dropped. Even had he lived,
there was no certainty of a conviction. He had barely seen the man
whGl'd come to the door that day and had only been able to provide a
positive identification of Bowman after undergoing hypnosis.
Bowman's lawyers, meanWhile, were prepared to bring witnesses
putting their c1ientin Ohio on the day of the murder.
But with Fred Scyphers dead there was no case against Bowman,
and without Bowman's still-theoretical testimony there could be no
murder case against Kimberlin. Investigators pursued a few weak
leads unrelated to Kimberlin, but the Scyphers case quickly went cold
and remains unsolved.
Investigators had a much stronger case against Kimberlin for the
Speedway bombings, but it would take three separate trials to convict
him of that crime. The first trial, in 1980, ended in a hung jury on the
more serious charges, but he was found guilty of impersonating a
Department of Defense security guard. That got hi m a 12-year
sentence on top four years for the Texas drug conviction. In the
second Indiana trial, in June 1981, Kimberlin was convicted only of
illegal possession of explosives. The third trial took 53 days and 118
witnesses and ended with a conviction on the bombing charges on
Oct. 15, 1981. He was sentenced to 50 years in prison.
After Kimberlin was convicted, investigators revealed to The Star
more details on certain aspects of the case that had not yet come to
light. Reporter Joe Gelarden, who had covered the case throughout,
compiled a detailed narrative of the investigation based on
information and documents provided by the investigators.
While Kimberlin was in prison, Carl Delong committed suicide. Had
his only injury been the loss of his right leg he might have adapted and
moved on. But his left leg had been severely damaged too and he still
carried shrapnel in his body, which kept him in constant pain as it
slowly worked its way out. After 11 operations he hit a plateau
physically and knew he'd never get any better than that On Feb. 23,
WNN.indystar.com'artideI99999999JNEWS06I100919013 315
12/11/13 Retrolndy. The Speedway Bombing5, Part 21 Indianapolis Star I indy3tar.com
1983, he closed his garage door and sat in his van with the engine
running. later that year, Delong's wife, Sandra (who had also been
injured in the bombing), won a $1.6 million judgment against
Kimberlin in civil court.
Five years later, in 1988, Kimberlin vaulted himself into the national
news when he claimed he'd once sold pot to Dan Quayle, then a U.S.
Senator from Indiana and candidate for vice president. Quayle
vehemently denied the charge and Kimberlin produced no proof
beyond making the claim.
Kimberlin was paroled in 1994 after serving about 13 years of his 50-
year sentence. But when he made no effort to pay the Delong
judgment his parole was revoked in 1997 and he went back to prison
for about four more years, released again in 2001.
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EXHIBIT 0
First Amended Complaint
Kimberlin v. Allen (2011) case number 339254V
...
IN TIm CIRCUIT COURT FOR MOl\TTG011ERY COlJNTY,
MARYLAND
BRETT KJMBERLIN
Plaintiff,
v.
SETH ALLEN Aka
ANONYMOUS CYBER STAL:K.ER
SOCRA1ES,
PREPOSTERICITY,

S01;lth Easton, MA 02375
Case No. V 339254
Defendant.
o

:.::.U-.:'''':'

.s
COMPLAINT FOR DA.-MAGES AND INJUNCTIVE RELIEF FOR
Su 6: DEFAMATION, LIBEL CYBERSTALKING. AND TORTIOUS
.... INTERFERENCE WITH
Plaintiff Brett Kimberlin pro se hereby files this Complaint against Seth Allen, 614
Washington St. Apt 1, South Easton, MA 02375, aka .Anonymous Cyber Stalker,
hereinafter called "Socrates," his most common cyber stalking name.
PARTIES
1. Plaintiff Brett Kimberlin ("Kimberlin") is a resident of Montgomery County
Maryland.
2. Defendant Socrates is an anonymolls cyber stalker hiding in the shadows of the
Internet. He was identified as Seth Allen after the Court Ordered Google to
disclose his identity and Verizon complied with a subpoena tying him to an
Internet Protocol address.
r ~
I : ~ : :
FACTS
3. Kimberlin is a private citizen who has worked at the same job for at least seven
years as the director of a non profit public charity called Justice 1brough Music,
whose mission is to use inspire young people to get engaged. with progressive
social causes.
4. In 2005, Justice Through Music co-founded a public clwity called Velvet
Revolution with another co-founder called The Brad Blog to focus on election
protection and accountability issues.
5. On or about 2007, Socrates started making anonymous posts on various national
websites and forums attacking the editor of The Brad Blog with anti-Semitic slurs
and other false and defamatory accusations.
6. Socrates' attacks quickly became more personal, calling the editor a "stravllnan,"
"stupid," "a fake progressive," "a scammer" and a "stale act"
7. Socrates' attacks quickly escalated and spread to the moderators at The Brad Blog
and then to other people associated with the editor.
8. Socrates' became obsessed with the The Brad Blog editor and started digging into
everything about him.
9. Socrates discovered that The Brad Blog co-founded Velvet Revolution with
Justice Through Music, and that Kimberlin was the director of Justice Through
Music.
10. Socrates then began digging into Kimberlin and discovered that he had been
arrested and convicted for a crime that occurred 31 years ago.
11. Socrates then began posting on various national Internet sites that The Brad Blog
editor was connected to a convicted felon named Brett Kimberlin.
12. From 2008 through October 2010, Socrates has made scores of anonymous posts
on numerous national websites accusing Kimberlin ofmurder, pedophilia, and a
host of other unspeakable crimes, with each post mentioning The Brad Blog
I
editor.
13. From 2008 through 2010, Socrates was banned by many national websites on
which he has posted about Kimberlin because those posts violated the terms of
service by being defamatory, threatening and harassing.
14. Socrates has been banned from posting on The Brad Blog, Democratic
Underground, Daily Kos, Raw Story and others.
15. On many occasions, after Socrates was banned for his threatening posts, he re-
registered under a different name or names and posted even more threatening
posts. These names included Prepostericity, and these names and their IP
addresses were also banned from the sites.
16. When Socrates was banned from a website, he threatened the editors of those
websites with more anonymous emaiIs and posts.
17. Several other people have contacted Kimberlin who have been threatened and
harassed by Socrates to the point that they feel their lives are in danger.
18. Kimberlin has been told iliat by other injured parties that they have attempted to
seek protection from law enforcement and through the civil process but have been
unable to learn \.. Socrates is.
19. When Socrates could no longer post harassing attacks against Kimberlin on
legitimate websites, he started his own blog in March 2009 on Google' s
BLOGGER site,
20. Socrates named his site htto://davefromqueens2.bloQ:soot.comJ.
21. Since March 2009, Socrates has anonymously posted dozens of harassing,
defamatory, threatening attacks against Kimberlin, the editor of The Brad Blog
and other editors who have banned or exposed him.
22. Socrates has falsely accused Kimberlin of murder, pedophilia" financial scamming,
hoaxing, wild conspiracies, COD artistry, anti-Semitism, and being a rip off.
23. On September 10,2010, Socrates titled a post " ... Brett Kimberlin Can Run,
But. .. Can't Hide," in which he concluded: "To Brett Kimberlin, the world knows
you are the ultimate scumbag. We know you're a liar, conman, murderer of Carl
Delong's spirit and most probably involved with Julia Scypber's death, and
basically the personification of scum."
24. Socrates has attacked Kimberlin's personal character and business practices and
posted hundreds of insults, false statements and negative comments on numerous
websites and Internet forums in order to harm and interfere with Kimberlin's
business and cause him suffering, opprobrium and humiliation.
25. Socrates has maliciously engaged in a three-year campaign against Kimberlin of
intentional harassment, cyber bullying, Internet defamation, online harassment and
cyberterrorism by accusing him of illegal, immoral and unethical conduct in order
to harm Kimberlin's personal and professional reputation.
26. Socrates has engaged in Internet libel by publishing his defamatory statements
with the intent to cause Kimberlin harm to his personal and business reputation.
27. The harassing and defamatory posts by Socrates against Kimberlin have been
reposted by Internet search engines and have been viewed by others.
28. Kimberlin has received threats to his life because of the defamatory and harassing
posts by Socrates.
29. Kimberlin has had to respond to repeated questions by business associates and
others about the false statements made by Socrates.
30. Socrates has contacted at least one of the funders ofK.imberlin's business using
the name STruth40 to intimidate her and pressure her to stop fimding the business.
COUNTl
Defamation and Libel
31. Paragraphs 1-29 above are hereby adopted and incorporated into all counts of this
Complaint.
32. Socrates has engaged in a three-year campaign of defamation against Kimberlin
through dozens offalse Internet postings.
33. The false statements made by Socrates were published on the World Wide Web,
which constitutes libel.
34. Socrates' posting and actions were malicious and intentional and done with an
intent to cause harm.
: : : : : ~
COUNTll
Harassment and Violation of Privacv
35. Socrates has intentionally harassed, annoyed, stalked, threatened, and attacked
Kimberlin with scores of false, insulting, annoying, and threatening Internet
postings over a three-year period.
36. The posts made by Socrates constituted malicious harassment of Kimberlin and
violated his privacy, and caused unknown parties to make threats against
Kimberlin.
COUNTID
Interference with Business
37. Socrates repeatedly, over a three-year period, made Internet postings in order to
harmKimberlin's business relationships, to stop people from supporting his
business enterprise, and to create doubts about his business in order to harm
Kimberlin.
VYHEREFORE, Kimberlin prays that the Court grant the following relief:
a. Find that Socrates has defamed and libeled Kimberlin.
b. Find that Socrates has harassed and cyber stalked Kimherlin, and violated his
privacy.
c. Find that Socrates has interfered with Kimberlin's business and business
relationships.
d.. Issue a Cease and Desist Order against Socrates prohibiting himfrom v"Titing
about, contacting, contacting other people about, or having anything to do with
Kimberlin.
e. Issue an Order to remove all references to Kimberlin on Socrates' Google
Blagger page.
f Enter judgment in favor of Kimberlin in the amount 0$1,250,OOO in
compensatory damages.
g. Enter judgment in favor on Kimberlin in the amount of $1,000,000 in punitive
damages.
h. Such other and further relief as the Court deems appropriate.
Respectfully A

BrettKimberlin
-
Cabin John, MD 20818
EXHIBITP
Excerpts from Transcript of November 14,2011 Hearing
Kimberlin v. Allen, (2011) case number 339254V
awarding nominal damages to Kimberlin
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
BRETT KIMBERLINE,
Plaintiff,
v.
SETH ALLEN,
Defendant.
------------------------------x
HEARING
Civil No. 339254
Rockville, Maryland November 14, 2011
DEPOSITION SERVICES, INC.
12321 Middlebrook Road, Suite 210
Germantown, MD 20874
(301) 881-3344
pfa
1
2
109
there be nothing said about Mr. Kimberline ever again.
But I will say to you, Mr. Allen, it's, it might be
3 the legal ruling, but morally, get off this guy's back. Let
4 him get on with his life. Let him get on with his business.
5 He's doing productive, positive things. You may not agree with
6 what he's doing, but he's contributing to society in a positive
7 way. Let him get away from his past.
8 Thirty-two years is a long time. And even though you
9 say you're, you know, "propounding the truth, /I what for? I
10 mean, you made some points. They're out there. That
11 information was past. It's, Mr. Kimberline should be allowed
12 to get on with his life.
13 I'm going to, because there was a default on the
14 claims themselves, I'm going to award what is considered really
15 nominal damages of $100. But a final injunction that you are
16 ordered not to defame, not to interfere with his business. And
17 if you write about him, then you write at your peril, of
18 whether, what you're writing falls into those categories. And
19 you can be in front of the Court on contempt of Court. You
20 obviously can be subject to a future lawsuit.
21 You know, this is something that's caused you, I
22 would assume, some angst. And, you know, in different
23 circumstances, maybe even a different judge, you end up with,
24 you know, a huge dollar judgment against you, so.
25 MR. KIMBERLINE: One question,
--- ----
EXHIBITQ
Copy ofMr. Kimberlin's Motion to Compel
Kimberlin v. Allen (2011) case number 339254V
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY,
MARYLAND
BRETT KIMBERLIN
Plaintiff,
v.
SETH ALLEN,
Aka
ANONYMOUS CYBER STALKER
SOCRATES,
PREPOSTERICITY,
DAVB FROM QUEENS2,
Defendant.
Case No. V 339254
MOTION TO COMPEL GOOGLE.COMAND/OR ITS SUBSIDIARY
BLOGGER.COMTO DISCLOSE THE IDENTITY AND ADDRESS OF A
BLOGGER WHO USES THE FALSE NAME AARON WORTIDNG AND WHO
HAS BEEN ASSISTINGAND CONSPIRINGWITH DEFENDANT SETH ALLEN
TO DEFAME, HARASS, STALK AND HARMPLAINTIFF
Plaintiff Brett Kimberlin moves this Court under INDEPENDENT NEWSPAPERS,
INC. v. Zebulon J. BRODIE. 966 A.2d 432 (2009), to compel the disclosure of a blogger
who uses the pseudonym name Aaron Worthing ("Mr. Worthing") on various blogs that
have defamed Plaintiff in association with Defendant Seth Allen. One of the BRODIE
standards is that the Plaintiff must "notify the anonymous posters that they are the subject
of a subpoena or application for an order of disclosure.... "
1. Mr. Worthing blogs or has blogged for several blogs, including
www.Patterico.com, www.everyonedrawmohammed.blogspot.coml, and
http://allergic2bull. blogspot. com/.
2. Mr. Worthing has been conspiring with Defendant Seth Allen to defame Plaintiff
for over a year and, on August 22, 2011, received an email response from
Defendant Allen, which included a threat to murder Plaintiff. Exhibit A. Mr.
Allen was subsequently arrested for criminal harassment because of that threat,
and Judge Sarsfield issued a Peace Order against him.
3. Following this Court's judgment and permanent irljunction of November 14,
2011, Defendant Allen continued to correspond with Mr. Worthing. During that
time, Mr. Allen violated the injunction by defaming Plaintiff, and Mr. Allen also
repeatedly attacked Judge Richard Jordan with threats, invectives, and
contemptuous comments and posts.
4. On or about December 6, 2011, Mr. Worthing was banned from blogging on
www.patterico.com after the moderator ofthat blog, John Patrick Frey, learned
that Mr. Worthing had been blogging under a fake name and had created a
separate blog designed to inflame hostilities of Muslim hardliners called
www.everyonedrawmohammed.blogspot.com.
5. Mr. Worthing has stated on several different blogs that he is an attorney.
6. On December 17,2011, Plaintiff Kimberlin, via an email to Mr. Worthing, asked
him to voluntarily appear as a witness in the January 9, 2012 Contempt Hearing to
give testimony about Defendant Allen's contemptuous and criminal conduct.
Exhibit B. IfMr. Worthing did not want to appear voluntarily, Plaintiff asked Mr.
Worthing to provide his real name and address so Plaintiff could subpoena him.
Mr. Worthing has stated in various blog posts that he lives in the Washington, DC
metro area.
7. Mr. Worthing has not responded to Plaintiffs request.
8. Mr. Worthing, ifhe is an attorney who has been conspiring with Defendant Allen
to commit intentional torts, may be in violation the Rules of Professional Conduct
and may be a conspirator and aider and abettor of Mr. Allen's intentional torts and
contemptuous conduct.
9. Mr. Worthing refused to answer interrogatories sent to him on or about September
26,2011 pursuant to this Court's order allowing post judgment discovery.
Plaintiff served those interrogatories on Mr. Worthing's supervisor at
www.patterico.com because Plaintiff could not locate any attorney in the United
States named Aaron Worthing. It was not until December 6, 2011 that Plaintiff
learned that Mr. Worthing had been misleading Mr. Frey and his readers as to his
real identity.
10. Mr. Worthing is an important witness in this case. He has been conspiring with,
advising, and aiding abetting Mr. Allen for over a year regarding Mr. Allen's
defamation, harassment and stalking of Plaintiff. Defendant Allen corresponded
with Mr. Worthing dozens of times via email and through various blog posts.
When Defendant Allen told Mr. Worthing that he wanted to murder Mr.
Kimberlin, Mr. Worthing did not report this to law enforcement officials or cease
his communication with Mr. Allen. When the District Court issued a Peace Order
against Defendant Allen on October 13, 2011, Mr. Worthing continued to
associate, advise and correspond with him. When this Court issued its judgment
against Defendant Allen on November 14, 2011, Mr. Worthing continued to
associate, advise and correspond with him.
11. Mr. Worthing, as a conspirator and aider and abettor of Defendant Allen, had
actual knowledge that Defendant Allen was defaming, harassing, and stalking
Plaintiff Mr. Worthing not only read all of Mr. Allen's defamatory posts and
comments, but he advised Mr. Allen on how he could defame and harass Plaintiff
by using various legal strategies. Defendant Allen relied on Mr. Worthing's
assistance, advice and support.
12. Mr. Worthing has used his pseudonym to hide his unethical, tortuous and
possibly criminal conduct with regard to his association with Defendant Allen.
WHEREFORE, Plaintiff moves this Court to Order Google Inc. or its subsidiary
Blogger.com to provide Plaintiff with the identity of the registrant of the following blogs
and emails belonging to Aaron Worthing:
1. Subscriberlregistrant information for the Google Blogspot Blog,
http://allergic2bull.blogspot. com!
2. Subscriber/registrant information for the Google Blogspot Blog,
http://evervonedrawrnohammed.blogspot. com!
3. Subscriber/registrant information for the Google email.edrnd5.20.1O@gmail.com
4. Subscriber/registrant information for the Google email.AaronJW72@gmail.com
An ORDER is attached.
Respectfully submitted,
Brett Kimberlin
[address redacted]
EXHIBITR
Recovered Text of Mission Statement from Everyone Draw Mohammed website
-------------- -- -----------------------
Note: the following is a cut andpaste ofrecovered text reconstructing the Mission Statement as it
appeared on the website Everyone Draw Mohammed. Due to data loss, the original is gone, perhaps
unrecoverable. However, this is a close facsimile.
Please note that the original text also linked to different websites which are not reflected in this text.
MISSION STATEMENT
Freedom of speech is at stake here, don't you all see? If anything, we should all make
cartoons of Mohammed and show the terrorists and the extremists we are united in the
belief that every person has a right to say what they want. Look people, it's been really
easy for us to stand up for free speech lately. For the past few decades, we haven't had to
risk anything to defend it. One of those times is right now. And if we aren't willing to
risk what we have now, then we just believe in free speech, but won't defend it.
--Dialogue from South Park
It is time for We the People to fight for freedom of speech.
Freedom of speech has been under attack much of my life. It started with Salman Rushdie. He dared to
write a book in which a fictional character said something bad about Mohammed, and for that they put
out a fatwah, a decree that he should be murdered. And many people died bravely to bring that book to
market. It continued when Theo Van Gogh made a movie critiquing how Islamic culture treated
women. They killed him for that. Then the Danish created cartoons and we didn't stand with them.
Finally, South Park made a two part episode in which they took on the controversy and Comedy Central
censored the image of Mohammed, explicitly citing the fear of violence. And for their 200
th
and 201st
episodes, the guys at South Park did it again, and under threat from a bunch of idiots called Revolution
Islam, Comedy Central censored them again. They even censored a speech about the need for courage.
This has got to stop. Someone has to stand up for freedom of speech.
In this the government has failed us. How is it that Revolution Islam is allowed to threaten these
people's lives, and to extort them into silence, and walk around as free men? Many reports say that they
didn't "technically" threaten them, but the law of extortion doesn't rest on whether you technically say,
"do this/don't do that or we will kill you." You only have to communicate a threat in language that an
ordinary peson would understand to be a threat. Everyone knows they are threatening them. So why
isn't the police in New York beating down their doors?
In every stage of this, the government has failed to protect us. As a generally libertarian guy, this is one
of the places where I say that government positively has a role to play-to ensure our freedoms not just
by avoiding a violation of our rights, but actively standing between us and anyone who would use
violence and threats to take that freedom from us.
So We the People have to step up.
The idea didn't start here. Indeed, the person who kicked it off changed her mind, or maybe didn't
seriously mean it. But it's not her decision anymore.
The idea is simple. On May 20, 2010, we will all draw Mohammed cartoons. And if you would like to
publish them, cheap and easy, I am here to help.
Ideally, you should give your real name, and maybe the general town in which you live. I'll start. My
name is Aaron Worthing. I live in Manassas, Virginia. And pretty soon I will inflict upon you my
artistic skills.
And if you want to publish your creation here, just send it to me. Ifyou can give your real name and
town, that would be good. But even just an image would be fine. There is no censorship in this, except
you can't actually be pornographic. But otherwise, be as offensive as you want. And you can include
anyone else in the depiction. But, and this is key, you must depict Mohammed in some clear way,
preferably with a label. So if you show a picture of a toilet and call it "Mohammed" we are good.
Also if you know of anyone else creating their own cartoon, send me a link to their site. If anyone else
does this, I want to know. Let's all create a nice little network of sites. Let's in a virtual way, lock
arms together and sing, "we shall overcome." As Benjamin Franklin once said, "We must all hang
together, or assuredly, we shall all hang separately."
But Ann Althouse and James Taranto (who gives a nice backgrounder) reply (in paraphrase) "but you
will offend moderate Muslims." Indeed we will and I want to be very clear. If I could think of any
other way to do this, I would do it. I berated Althouse on her blog over and over, "what is the
alternative?" No one has offered anything.
But they are correct that there is a cost to this approach. We will be posting messages that are dang near
guaranteed to offend good Muslims who both respect their prophet and freedom of speech. To them I
say your sensibilities are collateral damage in the fight for freedom. To them I say it is a necessary evil.
EXHIBITS
Settlement Offer by Mr. Kimberlin
January 3,2012
Elizabeth Kingsley Esq.
Washington, DC 20036-4523
January 3, 2012
Confidential Settlement Offer Re: Aaron Worthing
Dear Ms. Kingsley:
Please take this letter as an offer to settle issues between me and your client known as
Aaron Worthing. This settlement will allow Mr. Worthing to maintain his anonymity.
1. I will withdraw my subpoenas for Comcast and Google to identify Mr. Worthing
filed in Kimberlin v. Allen.
2. I will forgo any future litigation concerning Mr. Worthing, including bar
complaints, sanctions, civil suits, criminal complaints, peace orders and other
administrative actions.
3. I will not make any public statements about Mr. Worthing, and will not ask others
to make any public statements or posts on the Internet about him.
4. I will not make any future attempt to identify Mr. Worthing in any manner.
In exchange, your client will do the following:
1. Withdraw his motion filed in Kimberlin v. Allen.
2. Remove all posts and comments from his blogs about me.
3. Refrain from posting any information about me in the future.
4. Refrain from discussing me with other people.
5. Issue a public apology to me for his conduct regarding me, which includes a
statement urging others to leave me alone.
This settlement agreement must be signed in writing, and I will accept Mr. Worthing's
aka in lieu of his real name if you also sign the agreement.
This settlement offer is on the table until 5:00 pm Tuesday, January 3,2012. If! do not
hear from by that time, I will take that as a rejection and will proceed accordingly. And
even though the actual drafting and signing of the settlement may take another day, as
long as I know that this offer is accepted by COB today, I will abide by the conditions of
the settlement pending actual signing. However, if accepted, the motions to withdraw
must be filed no later than Noon Thursday, January 5, 2012.
I am available all day today and can come to your office if necessary.
Thank you,
Brett Kimberlin
- -- ---------------------------
EXHIBITT
Excerpts from Transcript of April I!, 2012 Hearing
Kimberlin v. Walker (1) (2012) case number 8444D
Mr. Kimberlin states that he learned ofMr. Walker's identity on December 31, 2011
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
BRETT KIMBERLIN,
Plaintiff,
v.
AARON WALKER,
Defendant.
------------------------------x
TRIAL
Civil No. 8444D
Rockville, Maryland April 11, 2012
DEPOSITION SERVICES, INC.
12321 Middlebrook Road, Suite 210
Germantown, MD 20874
(301) 881-3344
cc 60
1 I needed to refer to notes. Uh-huh. They last -- the battery
2 lasts a long time.
3 Q But the proceedings were completely finished in front
4 of Judge Rupp that day, correct?
5
6
A
Q
Excuse me?
The proceedings had completely finished, is that
7 right?
8 A I believe I had it on during the proceedings, yeah,
9 just as a -- when you say on, I mean the cover is closed. The
10 iPad that I had has a cover that closes and puts it to -- it's
11 kind of to sleep when it's closed. So the iPad was technically
12 on, but the cover was closed. So in other words --
13 Q
So it would have been closed when you walked out of
14 the courtroom?
15
16
A
Q
Exactly. Uh-huh.
The hearing that day was designed to get damages
17 against Mr. Allen or a contempt citation against Mr. Allen, the
18 defendant in that case, for continuing to interfere with your
19 business and
20
21
A
Q
And for violation of the court order. Uh-huh.
In order to support the claim that he had done that,
22 didn't you ask that the identity of Aaron Worthing be
23 established so you could subpoena him as a witness?
24
25
A
Q
Yes, I did.
Then you learned who Aaron Worthing was, the blogger
cc 61
1 Aaron Worthing was, is that correct?
2
3
A
Q
Not through the court proceedings.
I understand that, but how and when did you learn
4 that?
5
6
7
8
9
10
11
12
A
Q
A
Q
A
Q
A
Q
I learned it on December 31st.
How?
I got a tip, anonymous tip.
An anonymous tip via the internet, e-mail, or what?
Yes. It was actually by phone.
By telephone?
Uh-huh.
After you received that information, what did you do
13 with it?
14 A I tried to verify it. I did Google searches and
15 tried to verify that, in fact, Mr. Walker was Aaron Worthing
16 and vice versa, and I was able to locate a bunch of -- a lot of
17 documents online that made me comfortable that Aaron Walker was
18 actually Aaron Worthing.
19 Q
Pending before the Court, in that civil action
20 against Mr. Allen, was a motion to require Google to disclose
21 the identity of Mr. Worthing, is that correct?
22
23
A
Q
Right. Right.
So after you learned the information December 31st,
24 you filed a request to withdraw that motion, is that right?
25 A Yes, because I had already learned the information.
EXHIBITU
Letter from Brett Kimberlin to various law enforcement agencies
January 5, 2012
FBI Richmond
1970 E. PadmmRood
Ricbmond. VA 23228
Virginia State Police
P.O. Box 27471.
Richmond. VA23261
-January 5. 2012
Fairfax County Police Department-Mason Division
6501 ColmnbiaPike
Annandale. VA22003
Manassas PoliceDepartment
9518 FairviewAve
Manassu, VA 20110
Via Email and First Class Mail
He: Pollce Protection ofAaron J. Walker, DOBSeptember 15,1972
Dear Law EnforcementAgencies:
I amwritingto askyour agencies to provide protection InAaron Justin Walker,
who has expressed concern for his and his wife's physical safety from Muslim
extremists. Mr. Walker is an attorneylicensed bythe WashingtDn.. DCbar, who lives
at Manassas. VA 20109. He is now worldng as coIpOrate
counsel at a health care provider by the name of
VIrginia.
The reason Mr. Walker's life may be in danger is that he has been idemified in
a civil case in Maryland. Kimberlin v. ADen, 339254-V, MODtgomety County
Cireuit Court. as the creator of a blog called
wwwEveeyonePrnwMohammed.bloeswt.com. Mr. WaIkercreamd and has
published that blog for more than a year ming the pseudonym "Aaron Worthing."
He urged people to draw and submit pictures to -him of the MuslimProphet
----------- - -------
Mohammed in VariOllS derogatory ways inorder show snppmt for Danish
cartoonists who had a fatwa issued against them for drawing cartoons ridiculing
Mohammed. Mustims who were offended by the depictions tIten made several
violent attacks against the Danish cartoonists and publisher.
Mr. Walker has published bundIOOs of depictions on Mohammed on his
EveryoneDrawMobammed bIog. and he has indicated that he fears that he and
wife will be subjected to harm now that he has been identified as the creator ofthe
blog. His bloghas been banned in Muslim countries. and the State Department has
stated that his blog is harming the interests of the United States because it inflames
anti-American sentiments. Therefore, there exists the very real probability !hat Mr.
Walker could be subjected to serious hann OT death now that his identity bas been
exposed. MOteOver. because he lives in a townhouse with many adjacent
neighbors. and works in a large building with hundreds of other people. any attack
against him could result in collateral harm to others. In light of these concerns, I
strongly urge your agencies to develop a plan to protect not only Mr. Walker and
his wife from any such harm both at work and in their home.. but also to protect
those who live and wad near them.
Sincerely,
Brett Kimberlin
EXHIBIT V
Redacted copy ofMr. Kimberlin's Motion to Withdraw
Kimberlin v. Allen, (Md. Mont. Co. Cir. Ct. 2011) case number 339254V
IN rt-IE CIRCUIT COL'RT FOR \IOi 'TGO 1ERY
1AR L\ IJ
BRETT KI lBERLI I
PI, intlff.
\.
:ETH LLE: Aka
NONYMOLS CYBER T LKER.
SOCRATES.
PREPOSTERIClTY,
-
South East n, ,LA. _3 :
o fendant.
MOTlO, TO WITHDRAWAS MOOT PLAI TIFF'S MOTIO. TO COMPEL AND
S BPOENAS TO COMCAST AND GOOGLE SEEKING JD TITY OF AARO 1
WORm] 'G
I TOW comes Plaint -Bren Kimberlin and thi oun!O allo\\ hIm to \\ilhdraw as
moot hI (II subpoena to (j ogle. (2) subpoena t mcas and (=: \ . lotion To ompel
to a \ lin .S and \\ho g e by 1h P ud Aaron \Vonhing
PlallllllT I arned that Mr, orthll1g' actual nam I A.aron Justin Walker.
I. aron J. Waller I:' an anorney Ii cnsed the DC baL \\ho It\ sat
. 1an:Lus. VA 2()109 He\\ ... born on
_. nend Prmiden e High hool in 0 adone.. 'orth Carolina
and \vlthdre\,v \\1lhout graduat.ing on Augu t 3. I 91, Mr \\ alker later
recei\ ed his GCD_ and 111 1999. earned hi- Ba.chelor of An degree at the
of. 'onh Tex . 111 Texa On S. 19 t... \lr \\aJker
SUt: the La\\ 'chool Admission. Council to ailO\\ him to take the L-AT
\\ ith accommodatIOns. and the case \\'a settled on : ugust I..t 1998 in AJW
\ LSAC. 3-9. I 329-R-CV, 0 TX. Ol\ i ion He \ 'as 'ldmitted to
Yale Law ell I and graduated with the elas or He I' no\, \\'orkint?
a. corporate counsel al a health care pro\ ider by nam of
Virginia
, located at ndal-.
WHEREFORE. Plaintiff now kno\\ s that anonymous and \\ tlness Aaron
Worthmg t a Aaron.l. WalkeL he to \\lhdrav. hl :ubpoena to Com asl
and Google and hi Motlon 10 Compel Google to di .. lose Aaron WOfu1ing's identify,
ubmltted.
Brett Klmberlm
CERTIFICATE OF SERV1CE
I thaI I mailed a OP) of lhi: motion 10 Elizaheth }(ing.le:-. 3tlOme). by Fir t Class
Mail this 5th da) of January. 2012.
Bren KllnberllO
EXHIBITW
Excerpts from Transcript of January 9, 2012 Hearing
Kimberlin v. Allen, (2011) case number 339254V
Mr. Walker orally moves the court to seal the un-redacted version ofExhibit I and the motion is granted
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
KIMBERLIN,
Plaintiff,
v.
ANONYMOUS CYBER STALKER,
et al.,
Defendants.
------------------------------x
HEARING
Civil No. 339254
Rockville, Maryland January 9, 2012
DEPOSITION SERVICES, INC.
12321 Middlebrook Road, Suite 210
Germantown, MD 20874
(301) 881-3344
am
1
2
PRO C E E DIN G S
THE COURT: Civil 339254, Kimberlin versus Seth
4
3 Allen. And you are?
4
5
6
MR. KIMBERLIN: I'm Brett Kimberlin.
THE COURT: All right.
MR. WALKER: My name is Aaron Walker. I am the
7 blogger known as Aaron Worthing. And I have an emergency
8 motion against Mr. Kimberlin for his gross misconduct in this
9 case, and I'd like to be heard. I know it's unusual.
10
11
12
13
THE COURT: It's not here on your proceeding.
MR. WALKER: I understand, Your Honor.
THE COURT: So I'm not going to hear it.
MR. WALKER: Your Honor, he filed an improper motion
14 before this Court on Friday. I had no notice until Saturday
15 morning that he had done that. He has, in a blatant attempt to
16 stalk and oppress me, he has put --
17
18
19
THE COURT: Hold it. Hold it.
MR. WALKER: Yes. I'm sorry.
THE COURT: First off, you don't have any right to be
20 saying anything. And you don't have a right to be laughing.
21 There's a motion to withdraw as moot plaintiff's motion to
22 compel seeking identity of Aaron Worthing.
23
24
MR. KIMBERLIN: Yes.
THE COURT: And then there's a, plaintiff's response
25 to Aaron Worthing's motion to quash. And you're Mr. Worthing?
am
1 MR. WALKER: Well, I'm Aaron Walker, and I blog as
5
2 Mr. Worthing, that's correct.
3
4 today?
5
THE COURT: Are you requiring that he come to court
MR. KIMBERLIN: Judge, initially I, he's an anonymous
6 blogger who's been involved with the stalker.
7
8
THE COURT: But why are you, why is he here?
MR. KIMBERLIN: And so, I didn't ask him to be here.
9 He just foisted himself on this hearing.
10
11
12
13
14
15
16
THE COURT: Well, he says he's been summonsed.
MR. KIMBERLIN: No.
MR. WALKER: Well, no, no, no.
MR. KIMBERLIN: He wasn't summonsed.
MR. WALKER: If I may explain, Your Honor.
THE COURT: All right.
MR. WALKER: He did actually initially ask me to
17 testify today in his initial correspondence with me. If he's
18 not interested in my testimony today, then I would ask why he
19 has subpoenaed this Court in order to obtain my identity.
THE COURT: It's been withdrawn.
MR. WALKER: Yes. But I understand, but why did he
20
21
22
MR. KIMBERLIN: I withdrew that.
23 do that in the first place?
24 THE COURT: Well, it's been withdrawn, so it's, he
25 says it's withdrawn. It's moot.
am
1 MR. WALKER: But Your Honor, if you look at what he
6
2 has filed today, all he had to do in order to file that motion
3 was to tell the Court that he obtained my information. He did
4 not have to even say my name. Instead, in this public document
5 now, he has put my name, he has put my home address, he has put
6 my birth date, he has put the high school I went to. He put
7 the fact that I dropped out of high school in this. He put the
8 fact that I received a GED. He put the fact that I went to the
9 University of North Texas. He went and put in the fact that I
10 sued the law school admissions council. He put in the fact
11 that I was admitted to Yale Law School and graduated in the
12 class of 2002. He put down my current job with my current
13 employer and their address as well.
14 His intent in doing this was so that it becomes a
15 public record so that him and his friends can put this out into
16 the public so they can stalk and harass me. It is plain on the
17 face of this. And I would ask Your Honor to swear him in and
18 ask why he put all this unnecessary information in this, in
19 this filing.
20
21
THE COURT: Well, it's been withdrawn as moot.
MR. WALKER: Well, I'm talking about the motion to
22 withdraw itself.
23
24 effect.
25
THE COURT: Well, it's done. It's no longer in
MR. WALKER: But this is a public document. And his
am
1
2
3
4
5
7
friends will then take this public document, his motion to
withdraw as moved, and they will put it out, and then put out
all of my information.
THE COURT: Are you asking that this be sealed?
MR. WALKER: I would like this to be sealed. I would
6 like--
7 THE COURT: Any objection to sealing it, Mr.
8 Kimberlin?
9
10
11
12
13
14
MR. KIMBERLIN: Judge, this
THE COURT: Say yes or no.
MR. KIMBERLIN: Yes, I object.
THE COURT: Why?
MR. KIMBERLIN: Why?
THE COURT: Yes, why. Why should all of this be a
15 matter of public record?
16 MR. KIMBERLIN: This man has engaged in stalking with
17 the defendant in this case.
18 THE COURT: Well, there's no order against him in
19 this case.
20
21 But he --
MR. KIMBERLIN: No, there's no order against him.
22
23
THE COURT: So why is he even a part of this case?
MR. KIMBERLIN: He did it anonymously. Initially, I
24 wanted to call him as a witness. And then when I filed the
25 motions to call him as a witness, he began trying the case in,
am
8
1 on his blog. He filed every, he posted every motion on his
2 blog. And he kept accusing me of all kinds of terrible things
3 on his blog. And he ridiculed me. He taunted me. He
4 threatened me. He had people posting on his blog that I was a
5 terrorist and a pedophile and all this other stuff.
6 And he engaged in unethical behavior. He said that
7 he represented the defendant in this case as an anonymous
8 person. He can't, a lawyer cannot represent someone as an
9 anonymous person. He asked to be identified. I mean, he went
10 on his blog and said I am representing, I entered into an
11 attorney-client privilege relationship with Seth Allen as Aaron
12 Worthing. And he's not even a lawyer in this jurisdiction. He
13 lives in Virginia. He can't represent somebody as a fake
14 person, in a pseudonym. I mean, that's -- and so he put
15 himself out there to be identified.
16
I mean, if he's a lawyer, fine. I have a right to
17 determine if he's a lawyer. He can't say that he's anonymous
18 and he's representing Seth Allen. It just, it didn't make
19 sense. And so I said, well, I need to find out who this guy
20 is. If he's saying he represents somebody in a case against
21 me, then I need to be able to identify him. And so I
22 identified him. And I didn't want him to come out and say
23 the reason I put all that information in the document was
24 because Mr. Worthing has called me a liar over and over and
25 over. And I wanted to, everybody to know
am
1 THE COURT: Why is this even in the court? This is
9
2 incredible to me.
3
4
MR. KIMBERLIN: I know. It's really incredible.
THE COURT: No. I mean, the whole thing is
5 incredible. I'm going to, there's a motion that was, to quash
6 that was filed on behalf of, it was filed originally by --
7
8 suspect.
9
10
11
12
13
MR. WALKER: If you're looking, it's Seth Allen, I
THE COURT: No. It was filed by Elizabeth --
MR. KIMBERLIN: Kingsley.
THE COURT: Kingsley.
MR. KIMBERLIN: Yeah.
MR. WALKER: Oh, that would be the attorney who
14 represented me in the past.
15 THE COURT: And she filed a motion to file
16 anonymously or to file under seal.
17
18
MR. KIMBERLIN: Right.
THE COURT: And she's filed that. And I'm going to
19 grant the request to file this anonymously or under seal.
20
21
MR. KIMBERLIN: Okay.
THE COURT: And I'll grant the request to seal the
22 information that's contained at Docket Entry 114, which is the
23 motion to withdraw as moot.
24
25
All right. Sir, that concludes your --
MR. WALKER: Actually, I would like a little more
am
10 I
1 relief, if you don't mind me taking a moment.
2
3
4
THE COURT: That's it. No. I'm done. You're done.
MR. WALKER: All right. Thank you, Your Honor.
THE COURT: All right. Mr. Kimberlin, I received a
5 phone call, well, actually, my secretary received a phone call
6 from Mr. Allen --
7 MR. KIMBERLIN: Right.
8 THE COURT: with a 508 area code number --
9 MR. KIMBERLIN: Right.
10 THE COURT: requesting that he be allowed to
11 participate by telephone. And he made representations that he
12 had submitted written requests to participate by telephone. I
13 checked with the clerk's office. I don't see any written
14 requests having been made.
15 But I've reviewed Docket Entry Nos. 99 and 100, which
16 are your motions for contempt of court, against Mr. Allen. And
17 I have to tell you I'm a little puzzled as to what it is you're
18 claiming that he's done that constitutes contempt of court.
19 MR. KIMBERLIN: All right. I'll be happy to go into
20 that. Are we going to have Mr. Allen on the phone or --
21
22
23
THE COURT: No.
MR. KIMBERLIN: So I proceed. Okay.
THE COURT: I want to know why you think he should be
24 held in contempt of court.
25 MR. KIMBERLIN: Well, I have a memorandum. Can I
EXHIBIT X
Application for Statement of Charges
Filed January 9, 2012 by Mr. Kimberlin against Mr. Walker
,-,--,---L \
-.-- --.-----.- -----..-

...._ __.. _.L._.._S, --/- .................._..........
Cill', Sme. and Zip Cod"
CC#
__ _-___ _____-__-
DEFENDANT'S DESCR1PllQN, D,i.,,', U"",,._.. _.... Sox I"-\.. R,,, >II s::./J.<'-WI ..1'3.r
Hair __ Eyes Complexion Other _ _ _ __._.. _ _ _ O.O.B 7...?:- ID _ _ _. _.._ .
APPLICATION FOR STATEMENT OF CHARGES Page I of ..._. .._..__
r, the undersigned, apply for statement of charges and a summons or warrant which may lead to the arrest of the
above named Defendant because on or about .LL1..JL0....._. ._ at _ ..... .....
.__ .. __ ..- ..---- _.--._-.-._ ..__.__ , named De[end'nl
.. ..-

(Continued on attached ._ __._ _ _._.._. pages) (DefCR lA)
I solemnly affirm under the penalties of perjury that the contents of this Application are true to the best of my knowledge,
information and belief.
Dale Otlicer's SibTJlulUre
.. re,dl::,:dl:nders"nd the N._:" t _
Dnle n Applicant's SIgnature \ 2-
Subscribed and sworn to before me this :!..\.-- day of m..- .. - ---- --"T
ear
-_
Tlme: ..2.\.. ISSlOner . ... __.__ ...__n .. _m.. on (Q
Tunderstand that a charging document will be issued and that I must appear for trial D on __---'o,iO..-----
at _ _..n._.n_._ n _ _ mn mn_ ,0 when notified by the Clerk, at the Court location shown at the top of this fonn.
Time
/ / .. ------
n
.--.--
L3"'\ have advised applicant of shielding right. declines shielding.
oflock of ..
Lomm"S1onor LJ
DCleR I (Rev. 12/::!006) Print Date (5/2009)
Ir:T
,
. COURT OF [Vi YL:\I'm FOR .. f.C.il)!.c.?u.nl?)
I ED ..,T tCOL,RT ",DDRESSI I -." ", .-_., .- " .".,.-;;:-j-.J
, S2 Q <-- l
l q \ t:
L.-.- . --' ..
DEFENDANTS (LAST. FIRST. M.I \ \ I
40. v- 0,,--,-- \C..Qv-
APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page L-
; 3
'+'-'-Q-. lO\_\SJ:L F(9
0
....... k 'Z
..............Wq..s. ..9-.: _ ..
...................................................tl'?:: q .. .. J ..
\ "--'\... a C L 'u \ \ CC?/ 5 Q wlq. \)Q.CQ ,---,,--0-. -e '-L v..C<.S
.. i.:::.:.::: ;.:: U::: ..:.. ..t ..:<\.::::: ..: ::..
..................... \.. : .
.... . ...........................................................
\ DOle
DeteR] A (Re\'. 1/2002) P m Dale nno 10)
r.nllRT r.npy
EXHIBITY
Petition for Peace Order
Kimberlin v. Walker (I) (2012) case number 0601SP005392012
.....
boxes. Ify ask llze d rk-J
Th, R"':Od'" .....................
within the past 30 days on the dates stJted below. ( heck all that apply) 0 kicking g/punching D choking 0 slapping
o shooting 0 rage or other sexual offense ( r attempt) 0 hitting with object D s abhing ofviolence
6 stJ-lking 0 detaining ag:;ins will D trespass D malicious cesructioli of property 0 other

.. e
2. rknow of the following court irvolving the Respondent an me:
COJrt Kind of Case Year Filed Results or Status (if you kr:ow)
k4
4. I want the ResDondent to be ordered: (;
to or threaten to commit 2.ny of the acts listed in parJ.gn"ph 1aglinst ...... ... .. I.. .. ..

o NOT to go to the school(s) 2t _.- .._ _ _ .
D ! OT to g.J to the work pl2.ce(s) at _._ .
n To go to cour.seling. 0 To =0 to .-nedi:nion. D To p2.:' :he fiE:1g fees and coses.
B"Other speci:ic relief: A!?.t t...?. Q
I solemnly affirm ur.der he penal ies of perjL:ry that the con-ents of .hi,
infurrnation and .
.... .L..! .
Oat'
NOTICE TO PITITIO:iER
."'.n
f
indi'lid ':11 who k110.', ingly provides false infonnat;on in 2. fJr Pe:lce is guilty a
a:1d on conviction is subject to a fne not e:,:ceeding 1,000 or irnprisOlunen: not 90 da.s or both.
Duro 1 fRey. 2/20(3)
EXHIBIT Z
Email from Mr. Kimberlin to Beth Kingsley, Esq.
January 9, 2012
12/13/13
www.hannoncurran.com
Gmail - One of tv.o forwarded messages
From: Justice Through Music [mailto:justicejtmp@_
sent: Monday, January 09,20124:59 PM
To: Beth Kingsley
Subject: Aaron Walker assaulted me in courthouse
I just finished pressing charges against him for assault and battery and got a Peace Order against him.
Nine deputies had to back him off. He decked me in the face, hit me in the shoulder and chest, pushed
me, grabbed my iPad away from me and wrestled me.
He will tell you that the judge sealed my motions and his (even though he posted his on his blog). But
even after that, he harassed the judge until he told him he was going to be escorted out by the Sheriff,
and then he followed me out, threatened me and then physically attacked me.
Went to doctor and they sent me to ER at Suburban, said I need a CAT scan.
You client is very dangerous. If you want copies of the criminal charge and peace orders let me know and
also if you are going to defend him on the criminal charges.
Brett Kimberlin
https:/Imail.google.com'mail/ulOl?ui=2&ik=4cc57a020c&\iew=rt&q=kingsleyone ci tv.o forv.arded&qs=true&search=quel)&nsg=134c8ecc46f7fee7 2/2
EXHIBIT AA
Excerpts from Transcript of Apri1!1, 2012 Hearing
Kimberlin v. Walker (1) (2012) case nwnber 8444D
Brett Kimberlin states under oath that the contents ofExhibit Z are truthful
cc 76
1 street.
2
3
A No. I went straight over there.
MR. BOURS: Judge, I'm going to offer Respondent's
4 Exhibit No.4. Could I explain that I don't know it happened,
5 but when District Court put together this certification, they
6 included somebody else's case.
7
8
THE COURT: It happens.
MR. BOURS: Don't know how, but this is all part of
9 one certification and that's the relevance.
10 THE COURT: I see that more times than you woul-d
(The item marked for identification as
Defendant1s Exhibit No.4 was received
in evidence.)
BY MR. BOURS:
Number 5?
11 guess.
12
13
14
15
16
17 Q
Later in the afternoon on January 9th, did you send
18 an e-mail to Beth Kingsley?
19
20
A
Q
Probably.
Did you use Justice Through Music as your return on
21 e-mail?
22
23
A
Q
Yes. Uh-huh.
Do you want to look at this? The top is irrelevant,
24 but is that your e-mail to Beth Kingsley?
25 A Uh-huh. Yeah.
cc
1 Q
77
In that e-mail, did you say, I just finished pressing
2 charges against him for assault and battery and got a peace
3 order against him. Nine deputies had to back him off. He
4 decked me in the face, hit me in the shoulder and chest, pushed
5 me, grabbed my iPad away from me, and wrestled me.
6
7
A
Q
That's true.
You say that's true and that's also what you put in
8 the e-mail to her, correct?
9
10
11
12
13
14
15
16
A
Q
Right. Uh-huh.
MR. BOURS: I want to offer No.5.
THE COURT: It will be received.
(The item marked for identification as
Defendant's's Exhibit NO.5 was
received in evidence.)
BY MR. BOURS:
You have become aware that this gentleman is an
17 attorney, correct?
18
19
A
Q
Yes.
You also became aware, subsequent to the events of
20 January 9th, that the State's Attorney for Montgomery County
21 was not going to prosecute the criminal case, is that right?
22 A Yeah. Had a long talk with him. They said that
23 since there's a peace order, that they didn't think that --
24
25
Q
A
Excuse me. Excuse me.
Okay.
EXHIBITBB
Excerpts from Transcript of February 8,2012 Hearing
Kimberlin v. Walker (1) (2012) case number 0601SP005392012
Mr. Kimberlin testifies to his version ofthe events ofJanuary 9,2012
IN THE DISTRICT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
BRETT KIMBERLIN,
Plaintiff,
v.
AARON WALKER,
Defendant.
------------------------------x
Case No. 0601SP005392012
HEARING
Rockville, Maryland February 8, 2012
DEPOSITION SERVICES, INC.
12321 Middlebrook Road, Suite 210
Germantown, MD 20874
(301) 881-3344
th
1
2
7
said I've already learned his identity, I don't need the
motions for Comcast and Google and all these other places where
3 I could get his information. And he came into court on the
4 January 9th hearing in front of Judge Rupp and the judge ruled
5 that there was no contempt of Mr. Allen, but at the same time
6 Mr. Walker kept interfering with the case and the judge finally
7 told him, listen, Mr. Walker, I will get a sheriff here and
8 remove you from the courtroom if you keep interfering with this
9 case, because he had never filed an appearance in the case. So
10 -- and I have those transcripts here if you want to see them.
11 But so as we were exiting the courtroom on the 9th
12 floor, Courtroom 5, I believe, we walked out of the courtroom
13 and he's screaming at me and telling me that he's going to
14 continue harassing me. And as we got outside the door, right
15 outside the courtroom, he began lunging at me. I picked up my
16 iPad and took a picture of him lunging at me. He decked me in
17 the eye and wrestled with me.
18 A man that followed us out of the courtroom raced
19 back into the courtroom and told two people that were working
20 for Judge Rupp that he was attacking me and attacking me. They
21 came out and told him to get off of me and they called the
22 police. Nine police came up to the or, sheriffs came up
23 there and separated him. He had my iPad in his hand at the
24 time and refused to give it back.
25 The sheriff went over and took the iPad away from him
th 8
1 and told me to come down and press charges against him. I
2 pressed charges against him for second-degree assault and I
3 also got this peace order. At that time, the judge in the
4 temporary peace order case told him not to harass me and not to
5 bother me or do anything.
6 And since then he's filed a charge against me for
7 filing a false criminal charge against him for attacking me.
8 He's filed a $66 million lawsuit against me in Virginia. He
9 filed the peace order against Neil Rothauser (phonetic sp.) and
10 had them come out to my house. He's posted scores or dozens of
11 tweets about me. He has --
12
13
14
15
16
17
18
19
Q
A
Q
A
Q
A
Q
A
Do you have the tweets?
you know, he, it goes on and
Do you have the tweets, sir?
Yes, sir.
How do you know they're from him?
Excuse me?
How do you know they're from him?
Oh, it's got his name on it.
20 Q Oh.
21 A But he's -- so here are the tweets, I mean just on
22 and on. And he posted a post just Saturday where he asked,
23 where he says to, in a post on his own blog he says, ~ f you
24 help this man," me, ~ r his co-conspirators, then you are
25 aiding and abetting. If you donate to his non-profits," and I
EXHIBITCC
Excerpts from Transcript of April 11, 2012 Hearing
Kimberlin v. Walker (I) (2012) case number 8444D
Lt. Col. Sherman ofthe Montgomery County Sheriff's Office explains howfootage is recorded in the
Montgomery County Circuit Courthouse's security camera system
cc
1
2
3
Q
A
Q
So he's not available to testify today?
No, sir.
Were you in the courtroom when he testified in
24
4 District Court?
5
6
A Yes, sir.
MR. BOURS: Judge, I'll just proffer so that we don't
7 have to fence around about it. I do have a disc and I can have
8 it marked. It's currently in the only computer I could get it
9 to work on and I'm reluctant to take it out and ruin that. But
10 I'd like to show this to the Colonel and see if he can agree
11 that this is the full video.
12
13
THE COURT: And to Mr. Kimberlin.
MR. BOURS: How long will this last if we don't plug
14 it in again?
15
16
17 then?
18
19
MR. WALKER: I think we got half an hour.
MR. BOURS: Okay. You want to pullout the plug
MR. KIMBERLIN: I have no objection.
THE COURT: Okay. But you might want to take a look
20 at what it is he's showing.
21
22
23 Q
MR. KIMBERLIN: I assume it's the same thing. Yeah.
BY MR. BOURS:
Tell me about the system that these photographs are
24 taken with or these videos are taken with.
25 A There's a Vicon system that has a number of hard
cc 25
1 drives, maybe two or three hard drives. I'm not exactly sure
2 about the electronics, but there is a rack in the Sheriff's
3 office on the T8 level in the courthouse that records video
4 feeds from cameras that are installed in the courtrooms,
5 installed in the hallways in the courthouse, pursuant to a
6 security study done by the National Center for State Courts
7 some years ago.
8 They typically some of them are fixed cameras.
9 Some of them are directable cameras and they record what I
10 would call multiplexed video. In other words, it's not a
11 continuous stream of photographs. There are maybe 16 cameras
12 being recorded on one hard disc and it will switch from each of
13 those 16 cameras, as I understand it, take a fraction of a
14 second, switch to the next camera, and then it gets
15 multiplexed. Then there's a software kind of set up that
16 allows it to separate those pictures out again.
17
18
Q
A
Okay.
So it will take a picture but it will be every
19 sixteenth of a second. There may be some gaps in it.
20
21
Q
A
So it's every sixteenth of a second that it
I don't know the exact fraction of a second. I know
22 that the multiplexing will go through a number of different
23 cameras and then when you view it, it reassembles those. But
24 it won't be like a high definition movie that you would watch
25 on your cable tv where it's continuous.
EXHIBITDD
Lee Stranahan, "Blogger Aaron Walker Latest Swatting Victim"
June 25, 2012
Chicago
,:. a
"l kflli
8REITBART VIDEO PICKS
Fox News National
Groomkilled while helpin
o
motorist in snow
on way back from weddin
o
Chttp://feeds.foxnews.com/-1' Ifoxnews/national/-'3/P-
JYb19rNZ4 ()
15Dec 2013,1:08 PM PDT
104
96
Ema.i1 Article
18+11 10
Send a Tip
IS tem/Breitbart'Yt 0

Government
lt
2012-
Aaron-Walker-
by rlCOUJMNJSTSILEE-STRANAHANJ 25 JUIl 2012 fill): Swatted)
PQST A COMMENT (lRlG-G0VERNMENI/2QI2
Another conservative blogger has become the victim of
a "swatting," where a false report of a murder sends the
police, armed and ready, to a victim's home. The victim
this time was blogger Aaron Walker, who had just this
morning won a legal victory against convicted felon and leftist
activist Brett Kimberlin.
Breitbart News contacted the Prince William County, Virginia police department to confirm
the swatting. A dispatcher affirmed that police were called to the home of Mr. Walker
based on a fraudulent 911 call The individual did not take the call and could not disclose
any details of the call's content but immediately confirmed that Mr. Walker had been
swatted.
BLOGGER AARON WALKER LATEST SWATTING
VICTIM
The swatting occurred hours after Walker's hearing. A judge had modified a previous ruling
that prohibited Mr. Walker from exercising his right to free speech.
Walker told Breitbart News that he was home with his wife this evening at approximately
6:00pm when there was a "pretty insistent" knock at his door. Walker answered to find
about six police cars in the street and two officers taking positions against the wall with M4
rifles. Since he was aware of the previous swattings of Patrick "Patterico" Frey, Erick
Erickson, and Mike Stack, Mr. Walker asked the police if someone bad called and claimed
be had killed his wife, and police confirmed that that was the case.
In a statement to Breitbart News, Walker said, "This is obviously very upsetting but my
wife and I are fine. Whoever did this bad the intent to put our lives in danger."
Developing...
15 Dec 2013, 12:28 PM PDT
172 comments
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Oldest
Taxpayer1234 .
Thanks for reporting this, Lee. It's important people understand just how insane these
loonies really are.
122 . Rep,1 .' re
(http://encille.adzerk.net / 1'?
e-eyJhdiJ6MjQoNjkslmFoljoxNJMslmNtJjQZMzk5Mv....
EXHIBITEE
Aaron Walker, "What Happened Tomgh1,"
June 25,2012
12115113
More Next
THE BRETT KIMBERLIN SAGA:
Allergic to Bull: Wlat Happened Trnight
aaronlw72@gmall.com New Post Design Sign Out
Followth.is link to my BLOCKBUSTER STORY orhow Brell Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime,
and then got me alTested for blogging I exposed that misconduct to the world. That sounds like an incredible claim, but I provide
primary documents and video evidence proving that he did this. And if you are moved by this story to pr01';de a little help to myself and other
victims of Mr. Kimberlin's intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank
everyone who has done so, and will do o.
1\10ND."v, .JUNE 25, 2012
What Happened Tonight
So anyone following along on twitter know the basics. I was SWATted tonight. My
wife was down in the basement, and unknown to me she had fallen asleep in an
uncomfortable position while watching TV. I was just finishing up a post where I
was going to share Kimberlin's nutty response to my motion for a partial stay when
someone decided to recklessly endanger my life.
I mean again. Let's not forget the last time someone intentionally engaged in
conduct that they lmew could get me and my wife killed. In that case we know who
the culprit was: Brett Kimberlin. He intentionally and gratuitously revealed my real
name. home address, work and work address, in court documents and then told the
police in a letter that he believed because of his actions that there exists the very real
probability that Mr. Walker could be subjected to serious harm or death now that bis
identity has been exposed. And then he fought tooth and nail tn keep that
information fr 11I being sealed, and then fl)ught to get them unsealed.
But tonight we don't know who did it, a1thongh I knew who to tell the police to look
at. I won't say their names here, of course.
I was writing when there was a knock at the door. A second knock came and it was
very insistent. I went to the door and looked through the peep hole and there was
nothing. I said something like, "bello?" and someone firmly said, 'open the door!"
I opened up lo find two cops hugginR the fronl of the house. They had M4'S as I
recognized from \ideo games (sec?! They are goodJor something!) and they laler
confirmed They were nol pointed at my face like it had been with Patrick. They
were pointed at the &TOund
(V\'hen I told my mother that, she said nol to mininlize it. '0, obviously whoever it
was doing their best to get me killed Fortunately the police were not so easily
tricked)
I can't quote them, but they said something to the effect that they got an emergency
call. I actually said, "let me guess, someone claimed I shot my wife...?" One officer
confirmed it, and I said, "this is a hoax: I think [ even said the word "swatting."
So someone had bied to make law enforcement falsely think I committed a crime.
I mean again. Let's not forgel the last tilDe someone tried to do that. And again, we
allergic2butl.b1ogspoLcom'20121D61W1at happened-tonig ht.htrri
P.'\.GES
Horne
The Brett Kimberlin Saga (And How
You Can Help!)
1IE.lP PRESERVE FREEDOM OF
SPEECH!
Donate (0 Bomber Sues ro help
in the: fighr against convicted terrorist
Brett KiniJerlin.
Go here to donate.
SIL-\RE IT
I} Sham thiS on Fncobook
Twee! this
POPULU POSTS
FacepaJmTime
You know, I was the first person I
know of, way back in February, who
pointed out that if Judge Walker of
the Proposition 8 trial was gay, ".
Summary/Pre\,iewof my Post "Tlow
Brett Kimberlin Tried tu Frame Me
for a Crime (And How ou Call
TlelpT
Update: All thank you's for the links
will be listed and will be updated
"ithout a eparate announcement.
Tbankli to Point of lAw Pat...
t low BI'clt Kimberlin Tried to Frame
Me for a Crime (And How You Can
Help!)
Update:. few readers complained
this post is too long-that it was
straining their computers'
performance. So [ created a new
vers...
1/10
12115113 All erg ic to Bull: What Happened Tonight
know ,,'ho the culprit wa, that lime: Brell Kimberlin, 111 Lh,ll case, he" a. 110llrying
10 prO\oke an armed !"('SPOllse, but inslead "as ll)ing lo pUl me a,,'ay up to llon yeal
for an as."ault I didn'l commit. I [ere, you can" atch a \ ideo "bo\\ ing much oj the
evidence of il:
Video Not Displayed
Tllal gi\ es you a !..'lste of \\ hal I can sho" you, You ca n read the ,,'hole. ordid story,
here.
And indeed as I willldl you soon, Ule sam m n, Brell Kimberlin 'ot me alTt'sted OLl
fal! cbarges a second time rt'{'ently, too,
I helie\'e Ule S\\'ATun started around 5:,H p.m. I , ay this bel', use the Ia t "opt-ned"
t" eel in my contacts list "'as thi" one and I "as checking them prt'lt.\ often.
Any'way, lo the police officers' credit. they recognized a hoax \\ as a real po'sibility. r
\\'auld de;,cribe what did ne:\t a ju t due diligence. Th y had me st1Ind out in l11
yard and talk to an offJter about who my list of su peets were, in my bare feet and
e\ erything, and they swept tbE' house and \'erifiE'd my \\ ife was safe and no one else
\l'a, in dan er. As I became more aware of my unoundings. [ 5.1\1' around 5-6 cop
Ciirs at Ule corner. and a number of officers waiting. :\'0, it \\ asn't a SWAT team.
One weenie-ish S\\':\Tting apologist l11inks that if the) don't bring outl11E' \rAT \'an
il doesn't COUIll, jailin" to undE' tand iliat like man) slang term, it i!' not utterly
literaL
\\ ife came out a bit later and she appE'ared to he and [ her a hug. hE'
laler lold me when the officer \\oke her up, &he said, ilie phm. e. -let me guess,
s<ltneone called and said 111\' husband shot 111E'", ShE' says thE' cop" as lhat
she wasn't surprisl'<1. r spent a "ood hour or two talk.ing lo lhE' Jlolice and
contacling peepl \\ iLlI \'ita] infonllation. l1lat is. for instancE', how Paltick FrE'y 0\ er
at Patterico's Ime\\ llrsl before I l\\'eE'led any Ulin!1, out about it. because I kne\\
he would hu\ e a lut to teU them. ,-\ml \\ e \\ ill be \\ orking with a detectiw to get at
\\ ho committeu lbis lalE'S!. CrlnlE' against us in lhE' day. to come.
,\.nd Ulen it started to catch up ,,'ith my \\ ife. and hE' ,larted shakin' anu gelting a
lilliE' upset.
I will say emphatically Ulal I du not helie,'t' Brett Kimberlin made any of the prior
\\Xftillll. calls hilll!oelf and [ \\ ould be \ ery urplisE'd if he madE' lhi" onE'. lljusl
doesn't sound like his \\ hiny loiet'. I kilo" \\ ho I tommiltE'dlhe prinr
SWATting and [ . hared Ulat namE' \\ itb tlJem , incE' e\ en \\ iUIOUt hearing Ule \ oi I'
\ ou ha\'e to su ped Ule same criminaL I mean that bju"tlogicaL :\.nd \\ hen I ha\ e
a ('opy of the recording, 111 let you lhen and compare for yourself (Unl.- the polict'
otlJer\\'ise). I belie-'e in showing my \\ ork,
Bul on Ille ,Uler hand. Occam's r.lZor tells us th is was donE' in rE'laliation against mE'
for having \\on today in COUlt against J.:imberlin, \fllich doe.n't mean Nmberlin ha,
thing to dn \\ Itlt it, hut it a moUve for I,']wever did. And that is 1\ hy I
ueciut:'u tu inlerwea\'e wurst of Brett Kimberlin', pnwen misconducl with this
SlOiT. That \\'ay if \\ bling in nel" readers to Illy blogthe fu-stlimi? lhey will
Whut Happened Tonight
So anyone following along on t\>ittcr
knowtbe hasics. f was SWATted
tonight, My wife was down in the
basement, anti unknown to me sbe
had f, ..
IIow Brett Kimherlin Tried to Frame
Me for a Crime t.'" nd How Yuu Cau
Help')-Broken Down into Eight
Easy Pieccs
Well, at exaclly 6:54 a..m. I posted
my monster post describing bow
convicted terrorist and perjurer
Brett Kimberlin actually tried to
frame... .
Obama Stumbles Badly au Judicial
Rc\'iew (Update: Audio link Added)
(l'pWlte: [nstalink!)
Updatc (IV): Instalink! Sweet! (And
thanks.) Update (11 f): The Fifth
Clrcuit has revised its rE'quest and it
has already heen complE'ted...
The Blogger's Defense Team Goes on
the Offensi,'c Against Tcam
Kimberlin (Lpl!ate: [nstalink1)
Update: Glcnn Reynolds links and
dedares "He chose... poorly: Well, I
have long argued that his choice of
targets was influenc",
,'\olmporlant iclnry Por Freedom
of Expression
Frrst, dear readers, you should
expeclll1is post to cha.nge radically-
or perhnps I will stalt a newpost. I
just ""dIlted to get this off my ' ..
Todav in Circuit Court. Brett
wst and the Firsl
Amendment Won.,.
..,and thcAnny of Davids is seary!-
Update: Talking friends tonight,
something came buck to ,"
I Respond to Erell Kimberlin's
Motion and Subpoenas (Purt 4 of a 4
PartSeries) (Update: 11lstalink and
Olher linksl SweeU)
Update: Thanks for the Instalink and
the link from The Crying Wolfe, and
all ilie people who have heeD
n--eeting about it. Update (Tn: Th, .
SEARCH TIllS BLOG
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12/15113 Allergic to Bull. What Happened Torughl
front and ccnter the that tltis to .uppre-": hOl\ Brell
Kimherlin put my life in d nger and hUll he tried to frame me for a crime. We
ne\ er know \I ho SWATted )Iik.. Stack. Patrick frey. Erick Erickson and now me.
.\aron Walker: but I \..noll II ho tried to get my I"ife and I killed by IsbnlOfascist
I rrorists and II ho tried to fr.tme me for a crime, And ma\ be nell' readers II ill be
1lI0til'ated to do ,ome of the item, listed when I tell, ou IHI\\ I loll can It Ip me in 1m
Que,t jill' U,llcl.'. And "I hO!,le th' might <'H,n mo\ e ou to donate 10 legal
fund-. lIsing tht' Pal bullons on tlle r(l;ht.
,,'hoel'er did this. if you think thi! "ill top lIIe from speaking the truth about LIte
I'iolent domestic terrorist Brett Kimberlin, you are S;tcUy mistaken. If anytlling it
makes me more determined L1lall el'er, This was an ael of de,peration: L11is \\'a, not
L1ll' act oi people IdlO feel they are "inning. Indeed il was the of people too much a
bunch of 1\ u ,ies to come al me direcLly,
[n the meantime I tllink a intt::rlude from Tom Petty and is
appropriate:
Video Not Displayed
Qlle of the oflicer.' tonight asked me "'hI' I keep talking about Brell Kimberlin ii it
brings on tlli5 kind of trouhle. It'" because Freedom of Expression is something I
don't just belie\'(' in, but 1defend. the thre<tt to Freedom of E.'\pression needs to
he deieated It is L1tal simple.
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ABOLTlIffi
A.W.
Just a regular, sort of cranky
moderately conservati\'e lawyer, living
in the greater Washington, D.C. and
ruminating on law, life and the local
spectator sport known as politics. Btw,
if youwant to email me, wTile to
edmdS.2o,10 latl gmail,com, I assume
by nowyou understand that you aTe
suppuse<l to use one of those @symbols
for "[atl."
ViC'. my complete profile
When lll\ wife was steadier. amI our bellie' were full, I opened up Inl COlllplller
again tllere were ;:w nel\' contacL, of some kind in 1:\\ itter. 1113t \\ as the le\'el of
10\'e and support out there. I ,unjust stubborn ennugh not to need anyone', prayers
or support to see through. but it's nice to feel the 101'e, So perfect. trangers
tell me art' for me-although they are becoming Ie like stranger
day.
Finally, if from the "'a Post or other nell ,paper II ants to talk to
me, 111 t<llk. f'U gil e ou an earful
So the bottom line is that thanks in significant part to the Prince William
Polle-e. \\ ho handled this lIitJ1 the right s"eet spot bellleen concern that a crime
mi"ht be oc urriJlg, and c:Jution, recugnizing it mioht be a hoa.\. my" ife and I are
, .\ little. haken up. but delennined to fight on.
Disclaimer:
SCllSCRIRE TO
Comments
FOILOWERS
wilh GoogIe Friend
Qlnnect

Step 1(I
I h,l\ e accu.N some peopl , particularly Brett Kimberlin. of reprehellsible
conduct. I n some cases. the conduct is e-."en criminal. Jn all cases, the
ju.gice I wanl i.."i through the appropriate len..,al process-such as the
criminal justice system. I do nol want to see vigilante "jolence against any
person or any threat of such "jolence. TIlls kind of condu t is not only morally
1\ roll:;!., hut it is coun1'r-pl'tducm'e.
aller9ic2bull.blog5pot.c0m'2012/06IY.t1at, happened-torighLhtrTI
Twitchy
'llulIloling" Brit llUllll' shxrc,
phulo of al
J\iatlo nal ry As Twitchy
reported yesterday, Wreaths
3110