DISTRICT COURT OF MONTGOMERY COUNTY MARYLAND

STATE OF MARYLAND,
Plaintiff,
v
AARON JUSTIN WALKER,
Defendant.
No.OD00276493

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VICTIM/COMPLAINANT BRETT KIMBERLIN'S MOTION IN OPPOSITION TO
STATE'S MOTION TO NOLLE PROS THIS CASE
Now comes Victim/Complainant Brett Kimberlin ("Victim") and hereby opposes
the State's Motion to Nolle Pros this case, In support ofthis motion, VIctim states
that this is not simply a run of the mill assault case but rather one that has both
""nationalalYdfhteihationalramlffcatlons-ilridTsbelrigwatched by federal law
enforcement authorities, State Department contractors, organizations that monitor
hate groups, foreign countries with large Muslim populations, and national Muslim
and civil rights organizations" There are many aggravating factors present in this
case that warrant full prosecution and even consideration of additional charges
against Mr. Walker.
FactualStateDlent
1. Aaron Walker is a Virginia attorney who assaulted Victim on
January 9, 2012 after a civil court hearing in Montgomery County Circuit
Court.
2 Prior to the hearing, Mr Walker had been stalking and harassing Victim on his
personal blog with defamatory, aggressive, and derogatory posts He asked
his readers to "get out the popcprn" to watch how he would destroy Victim
He did all this using a pseudonym, "Aaron Worthing Esq,"
3 Victim could not locate any listing for an attorney named Aaron Worthing so
he sought assistance from the Montgomery County Circuit Court to ascertain
the real identity of Mr. Worthing prior to a court hearing set for January 9,
2012, However, several days prior to the hearing, Victim learned that Aaron
Worthing was actually Aaron Walker
4 Victim then filed a motion in the court dismissing as moot his motion to
compel the identity of Mr Worthing/Walker,
5, On January 9, 2012, Mr, Walker showed up at the hearing and made an
.. -emergency oral motiontosealVictlm'smotion identifying him as Aaron
Walker. He argued that since he (as Aaron Worthing) was the publisher of a
Muslim hate blog called Everyone Draw Mohammed, he would be killed by
Muslims if theyknew he was really Aaron Walker Judge Rupp was taken
aback by Mr, Walker's appearance in the Cilse but did grilnt Mr. Walker's
motion to seal the motion However, even after the judge told Mr Walker to
sit in the spectator section, Mr. Walker continued to interject until Judge Rupp
warned him that sheriff deputies would escort him from the courtroom ifhe
continued.
6 As Victim was exiting the courtroom, Mr, Walker began ber ating Victim for
identifying him and said that he would continue to harass Victim As Victim
exited the courtroom doors, Mr, Walker became more irate and began making
threatening moves toward Victim including coming towilrd Victim. Therefore,
Victim, using his iPad, snapped a photo of Mr Walker with his hand coming
toward Victim ExhibitA
7 Mr Walker struck Victim with his hand, and Mr Walker began wrestling with
Victim for possession of the iPad Aperson who followed Victim from the
courtroom repeatedly called back into the court, "He (Mr Walker) attacked
him" Two courtroom staff came running from the court and separated Mr.
Walker from Victim Mr Walker retained possession of the iPad The staffalso
called for assistance of courtroom deputies who arrived shortly thereafter.
8 Approximately nine deputies arrived and Victim immediately told them that
Mr. Walker had attacked him and still had his iPad One deputy retrieved the
iPad frum Mr Walker and several deputies advised Victim to go to the
Commissioner's office to press criminal charges against Mr Walker for
assault
9 The deputies safely escorted Victim down the elevator, and Victim went
straight to the Commissioner's office and filed both second-degree assault
charges and for a Peace Order, which was granted
10 Victim then immediately wentto a nearby medical clinic to be treated for his
injuries during the assault When the doctor at the clinic evaluated Victim, he
said that Victim had to immediately go to the Emergency Ward at Suburban
Hospital because of a contusion to the eye, blurry vision, twitching and a
severe headache The Doctor was concerned that Victim suffered a
concussion and even said that Victim should take an ambulance rather than
drive.
11 When Victim arrived a Suburban Hospital, he was immediately admitted to
the Emergency Ward and quickly evaluated and taken for a CT scan, given eye
exams, given medication for both pain and for contusion to the eye Victim
was kept under observation for several hours and then released with orders
to rest for several days and to take steroids eye drops for one week. He was
also ordered to get a follow-up evaluation from his primary care physician,
12 Victim suffered a black eye from second-degree assault It lasted throughout
the week Exhibit B
13 Victim did seek follow"up care, and was given an EKG and more Xrays due to
pain in the chest area
14:VicnmwaSurlilbTeEowork during the week of January 9
th
due to his injuries
and his medical care.
15. Mr Walker responded to Victim's legal filings in the following retaliatory
ways: (1) he filed a malicious criminal charge against Victim for perjury, (2)
he filed a false and malicious Peace Order application against a third party
named Neal Rauhauser, and falsely told the sheriff that he lived at Victim's
address (when he had never even visited Victim's home) which caused three
sheriffs to come to Victim's home to serve Mr Rauhauser, (3) he filed a
frivolous and malicious $66,000,000 lawsuit against Victim and two others,
which has since been served on Victim, (4) he used Twitter to attackVictim in
dozens of tweets, and (5) he blogged that Victim is "human filth" and told
people, as an attorney, that if they donate to Victim's non"profits, they would
be liable for criminal and civil consequences because Victim exposed his real
name.
16 When Mr Walker appeared on February 8,2012 for Victim's Peace Order
hearing for his assault, he told the judge that he did not assault Victim but
rather took the iPad without incident because he thought it might be a
"bomb." He said that Victim must have ended up in Suburban Hospital
Emergency Room with injuries by having someone else beat Victim up so
Victim could file false assault charges against him. Asheriff deputy testified
at the hearing that Victim stated that Mr Walker had assaulted Victim
immediately after the attack and that he had to take my iPad away from Mr.
Walker, and anotl"lercleputYshowed the judge the incident report from that
assault which said the same, Victim presented the judge with evidence of Mr.
Walker's harassment of Victim as noted in paragraph 15 above After hearing
all the eVidence, the Judge found, by clear and convincing evidence, that Mr
Walker had assaulted and harassed Victim, and the judge issued a final Peace
Order prohibiting Mr. Walker from further harassing Victim Exhibit C.
17, When Mr Walker appeared on February 16, 2012 for his Peace Order hearing
against Mr. Rauhauser, at which Mr. Rauhauser did not even appear, Mr.
Walker engaged in a most bizarre statement of events tellingthe judge that he
needed a Peace Order because, according to him, Mr, Rauhauser posted
something called "Kookpopolis" on the Internet which contained three items, -
- a map of Manassas, Virginia, a map of Boston, Massachusetts, and a
beheading video in a foreign language He begged the judge to see these as a
threat to Mr. Walker since he lived in Manassas, a client lived in
Massachusetts, and Muslims behead people The judge was incredulous, even
at one point asking Mr. Walker if he was really an attorney. Finally, the judge
said that even without Mr Rauhauser present to defend himself; she was
going to find that Mr Walker failed to meet the statutory burden necessary for
issuance of a Peace Order. Exhibit D.
18. The criminal charge that Mr. Walker filed against Victim did not even result in
summons or make it past the screeners at the District Attotney's office.
Exhibit E
19. Mr. Walker has stalked, assaulted and harassed Victim because of Victim's
non-profit that, inter alia,
supports Muslim activists, musicians and artists opposed to violence and
oppression. Mr. Walker runs a Muslim hate blog, which has over 800 vile
depictions of the Prophet Mohammed on it to insult Muslims. He uses that
blog to taunt Muslims by calling them "bitches" and telling them to come to
Manassas, Virginia so he can engage in a gun battle with them (of course he
used his false name for such taunts). Mr. Walker's criterion for posting a
depiction of Prophet Mohammed is whether it is "fatwah-worthy," meaning
whether a Muslim cleric would issue a fatwah (edict) condemning to death the
person(s) who create and published the depiction
20. Facebook has banned Mr Walker and his hate blog from Facebook because
they promote hate against a religion. The Pakistan government has banned
the blog because it blasphemes the Prophet Mohammed The State
Department has condemned the blog because it creates anti-American
sentiment Osama Bin Laden has used to the blog to recruit suicide bombers
to kill Americans in Afghanistan
21 Victim has talked to the Southern Law Poverty Center ("SLPC") about Mr.
Walker's hate blog and his team of Muslim haters SLPC is in the process of
naming them as a hate organization that uses bullying, intimidation, threats
and violence to secure their goals,
22, Victim has talked and met with numerous civil rights and national Muslim
organizations about Mr, Walker's conduct, his hate blog, his malicious and
criminal conduct, and his attempt to gag Victim. They view Mr. Walker's
conduct,hateologami associates as similar to thafof tileX'd KliixKlaiiand are
considering a broad set oflegal actions, both criminal and civil, to dismantle
the operation.
23, If Victim were a member of the Muslim faith, this case would be considered a
hate crime under both state and federal law
Aggravating Factors
There are numerous aggravating factors in this case that warrant robust
prosecution on Mr Walker.
24 Mr. Walker is an attorney. Attorneys are bound by the Rules of Professional
Conduct to act in a professional and ethical manner. Yet he came from
Virginia to Maryland and assaulted Victim after stalking, har assing,
threatening, insulting, defaming, and dispar aging Victim for months,
25. MI'. Walker assaulted Victim in a courthouse-a place where Victim went to
seek redress of grievances and where he had a right to be secure and safe
26. MI'. Walker made no amends following the assault, no apology and showed no
contrition Instead, he revictimized Victim by filing (1) a false criminal
charge against Victim, (2) a false Peace Order against Neal Rauhauser in order
to have the Sheriff come to Victim's home to startle and harass Victim, and (3)
a malicious $66,000,000 suit against Victim
27. Following the assault, Mr. Walker doubled down on the harassment by
making dozens of disparaging tweets about Victim, by urging other bloggers
to attack Victim, by blogging that Victim is "human filth," and by threatening
28. Mr Walker has repeatedly lied to every court about his conduct by attempting
to blame Victim He said that Victim made the whole thing up He said that he
thought the iPad was a bomh He said that Victim must have had someone
beat him up so he could go to the hospital He said that he never touched
Victim He falsely accused Victim of crimes He falsely accused Neal
Rauhauser of crimes in order to harass Victim.
Conclusion
For all the above reasons, Victim moves this Court to deny the State's nolle pros
motion and to order a trial in this case.
Respectfully submitted,
Brett Kimbe
.._ - - . _ - - - - ~ . , - - - - - ~ - - - - - - - - , - - - - - - - -
Certificate of Service
I certify I personally served Assistant DistrictAttomey Margaret Schweitzer and
served Reginald Bours by US Mail this 19
th
day of March, 2012
.5 DISTRICT COURT OF MARYLAND FOR
."
191 EAST JEFFERSON ST, ROCKVILLE, MD 20850 Case No 0601SP005392012
Date: 0210812012 10:46 am
BRETT KIMBERLINE vs AARON WALKER
FINAl. PEACE ORDER
After the appearance of the PETI f10NER, and RESPONDENT, and in consideration of the Pelttion and
evidence,
the Court makes the following findings:
A 1 That there is clear and convincing evidence that within 30 days before the filing of the Petition, the
Respondent committed the following act(s):
Harassment
2 That there is clear and convincing evidence that Respondent is likely to commit a prohibited act in the future
against the Petitioner
Based on the foregoing, the Court hereby ORDERS:
1 Unless stated otherwise below, this Order is effective until 08/08/2012
2, That the Respondent SHALL NOT commit or threaten to commit any of the foiloWing acts against Petitioner;
an act which causes .serious bodily harm; an act that places the Petitioner in fear of imminent serious bodily
harm: assauit; rape, attempted rape, sexual offense, or attempted sexual offense; false imprisonment;
harassment; stalking; lrespass;br malicious destruction of property
3 That the Respondent SHALL NOT contact (in person, by telephone, in writing, or by any other means),
attempt to contact, or harass the Petitioner
4 That the Respondent SHALL NOT enter the residence of BRETT KIMElERUNE at WHEREVER LOCATED
(Residence includes yard, grounds, outbuildings, and common areas surrounding the dwelling)
5 That the Respondent SHALL STAY AWAY from;
The Petitioner's place(s) of employment at:
WHEREVER LOCATED
Date: 0210812012
NOTICE TO RESPONDENT
Violation of this Peace Order may be a crime or contempt of court or both, and could result in imprisonment or fine or both
PC/PO 3 (Rev. 12/2004)
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