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    Kimberlin-Walker court hearing — what happened

    Kimberlin-Walker court hearing — what happened

    David Hogberg of IBD was in the courtroom today, and his account shows a judge with a misunderstanding of how the internet — particularly Google Alerts — works, and a defendant (Walker) who never should have represented himself.

    Here is an excerpt, read the whole thing:

    This was the second peace order that Kimberlin has filed against Walker, demanding that Walker cease any contact with Kimberlin. In it, Kimberlin claims that Walker has “continually harassed” him with “alarming posts, tweets, alerts that arrive in my email box, which I consider threats to me personally and to my business.” Kimberlin came to court with pages upon pages of threatening emails and tweets that he claimed had resulted from Walker’s blog posts about him. None of them, though, were sent by Walker.

    While talking with Kimberlin and his associate Neal Rauhauser, a woman who was a victim’s assistant [my note — see that, Kimberlin knew how to position himself as the victim, so he gets court-paid assistance] for Kimberlin came out of the courtroom and said that Walker had been led away in handcuffs.

    Here’s what seems to have happened. Although Kimberlin’s first peace order against Walker was eventually thrown out on appeal, it appears that while it was in effect Walker wrote a blog post about Kimberlin. This triggered a Google Alert that Kimberlin had set up. Kimberlin filed criminal charges based on that, apparently claiming that constituted “contact.” The court apparently agreed, and Walker was arrested.

    As for why the judge ruled in favor of Kimberlin’s peace order, that’s easier to explain. First, Walker was clearly stressed and high-strung in court, and alienated Judge C.J. Vaughey. He repeatedly interrupted Vaughey, and by the end of the roughly 45-minute hearing Vaughey was clearly annoyed.

    Folks, this is how agitators do it.  They agitate you, and then when you react, you are in trouble.  I hope Aaron gets an attorney to overturn this travesty, and to reposition the case so that the true victim gets a court assistant.

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    Comments



     
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    dmacleo | May 30, 2012 at 9:44 am

    so kimberlin sets up an alert to mail him when an action occurs, the action occurs and he gets emailed. and thats considered someone else contacting him.
    senseless.


       
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      dmacleo in reply to dmacleo. | May 30, 2012 at 9:46 am

      in order for kimberlin to know (be alerted) when walker spoke of him HE would have had to set up a monitor on walker.
      that violates the order first to common sense people.

    […] order … Discussion: Flap’s Blog, Simple Justice, EBL, Sister Toldjah, The Other McCain, Le·gal In·sur·rec· tion, Popehat, The Jawa Report, Nice Deb, American Glob, Bob Owens, Michelle Malkin, The Camp Of The […]

    […] dot COM, Munsey’s Technosnarl, Simple Justice, EBL, Sister Toldjah, The Other McCain, Le·gal In·sur·rec· tion, Conservative Commune, Popehat, American Glob, The Jawa Report, Truth Before Dishonor, Bob Owens, […]


     
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    stevewhitemd | May 30, 2012 at 12:02 pm

    Several lessons here:

    One — never represent yourself in court. Mr. Walker learned the hard way. Even Yale lawyers shouldn’t do this. Have an attorney and listen to what she/he says.

    Two — now we know one new tactic, the ambush that Kimberlin used to get the warrant. That was a one-shot gun; now every blogger (and their attorneys) know to look out for that one. As the song says, we won’t be fooled again. If you blog about Kimberlin, be on the lookout for ginned up peace orders and warrants.

    Three — never expect a judge to know the basics of the internet. Your attorney should be prepared to educate the judge (good attorneys know how to do that properly).

    Four — we have a new issue to explore. Who is Kimberlin’s attorney? How paid? When retained? Who else does he/she represent? The interlocking webs are useful to review.

    Five — don’t snatch an iPad from a miscreant who is about to hit you with said device. Let the miscreant wreck his device. You’ll get a lump on your head, at most, and HE gets arrested. Plus Apple won’t honor the warranty on the broken iPad.

    Indeed, if Mr. Walker had any soccer experience, he could have allowed himself to be hit and then fallen to the ground clutching his shin. Kimberlin would have been both arrested AND gotten a red card.

    Six — don’t be reactive, be pro-active. Walker was reacting to what Kimberlin was doing; Kimberlin was driving the whole show. Time for that nonsense to end. Put Kimberlin on the defensive.


       
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      Lina Inverse in reply to stevewhitemd. | May 30, 2012 at 1:05 pm

      One: Walker and his wife have already lost their jobs over this, plus a lawyer who’s willing to become the next target and/or stick it though the end in the face of that is not likely to be cheap. Plus you’re assuming this is an entirely undesired outcome for Walker.

      Two: Nope, this Catch-22 gambit is still effective, at least in Maryland: your adversary gets a warrant for your arrest, arranges a hearing and tells the sheriff that you will be attending it.

      Unless you realize this (unlikely) and have your lawyer show up without you (doubt that’s wise in a case this complex, or at least this novel to the “Royal Typewriter Generation”), if you show you’ll be arrested afterwords like Walker was, if you don’t, you’ll have a default judgment against you.

      Three: the judge didn’t give a damn about controlling president (Brandenberg); sometimes you’re just going to lose in the beginning on matter of law, which can of course be appealed.

      Five: Snatching the iPad was a split-second judgment; neither you nor I were there, I’m not going to second guess Walker. Plus while it caused him great aggravation, it also got He-Who-Must-Not-Be-Named (or he’ll get a Google alert) on record perjuring himself. A crime, I’ll note, he was found guilty of before graduating from high school according to reports. If the DA wasn’t entirely indifferent, on his side, or just plain scared (He-Who-Must-Not-Be-Named has plotted to murder those prosecuting him, according to reports of notebooks seized from him) He-Who-Must-Not-Be-Named would be facing a perjury charge right now.

      Six: of course a good principle, although with someone like He-Who-Must-Not-Be-Named that could get you dead. Three SWATings and counting, not to mention that minor bombing spree and assumed murder for hire. Plus it would be useful to suggest a method that doesn’t involve illegal self-help.


         
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        WarEagle82 in reply to Lina Inverse. | May 30, 2012 at 10:31 pm

        Wait, this guy has Sauron on his side? Geez, I knew it was only a matter of time before HE turned up again and working for the Democrats. Where exactly is Frodo Baggins these days?


           
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          Lina Inverse in reply to WarEagle82. | May 31, 2012 at 1:02 pm

          Errr, that’s a Harry Potter Voldemort reference (made clearer in other posting when I refer to his Truth Eaters). I haven’t read that ring cycle for ages, don’t remember how Sauron was referred to (I stick to the highly recommended Harvard Lampoon Bored of the Rings nowadays or Wagner).


       
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      Owego in reply to stevewhitemd. | May 30, 2012 at 5:37 pm

      Re number five: you’re kidding,right? Miscreant gets one chance, it had better be good.


     
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    OcTEApi | May 30, 2012 at 12:02 pm

    Caller ID spoofing about to be outlawed
    Two bills making their way through the House and Senate will outlaw caller ID Spoofing
    by Ken Fisher – June 27 2007
    http://arstechnica.com/tech-policy/2007/06/caller-id-spoofing-about-to-be-outlawed/

    The Truth in Caller ID Act of 2007 was sponsored by Sen Bill Nelson [D-FL] and in another ironic twist the bill was cosponsored by none other than former Senator Ted Stevens [R-AK].

    The bill made it out of committee, was placed on the Senate Legislative calendar of the Democrat controlled Senate where it died, never saw the light of day.

    Going back to 2009 where a blind phone hacker received an 11-year sentence for using the 911 system to send SWAT teams to victims’ houses, Neal Rauhauser on his now deleted blog describes the same process on “how to infiltrate the right wing” … while being careful to not damage the Democrat brand.

    So it seems the DNC are if not a direct participant in SWATing through paid DNC agitator Neal Rauhauser, they are indirect conspirators by way of do-nothing congress.


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