More Legal Briefs in the Speedway Lawfare Lawsuits: Speedway v. Hodgepodge

This is satire or parody.  I forget which.

Bob Null & Bill Void, Esq.

UNITED STATES DISTRICT COURT FOR THE STATE OF MARYLAND SOUTHERN COMFORT DIVISION

Brett Speedway,

Plaintiff,

vs.

John Hodgepodge,

Defendant

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Case No: 8675309

 DEFENDANT JOHN HODGEPODGE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ARGUMENT OR TORT BY PLAINTIFF RELATING TO ANY ACTIVITY OR MATERIAL WHICH MAKES ANY SENSE AT ALL

Comes now John Hodgepodge and moves this court to dismisse the above mentioned claim for reasons which will be described herein, and further that Plaintiff be required to explain above action to court, especially page 12, which appears to be part of an email to “leggyheather12@gmail.com”. The defendant and attorneys have no clue what he’s talking about most of the time, and when we catch a shred of sanity within the Plaintiff’s claim, it appears to be inadvertent.

PLAINTIFF’S ALLEGATIONS SEEM TO RELATE TO THE PREMIER EPISODE IN THE THIRD SEASON OF MATLOCK WHEN BEN HAD TO GO TO ENGLAND AND DEFEND THE SONS OF A GUY WHO WAS KILLED

While this was a gripping episode, one which featured the first appearance of dazzling actress Nancy Stafford, it has little or nothing to do with the Defendant.  The claims are irrelevant, the torts alleged could not have happened, and Mr. Hodgepodge does not own a stately English Estate.  Additionally, case references within the complaint are either Canadian, or as in the case of Plessy v. Ferguson, are not on point. Plaintiff continues to refer to opposing council as “Lieutenant Kaffee” or alternately as “You, Weinberg?”

PLAINTIFF’s CHARGES ARE BARRED BY RES JUDICATA, DELPHINUM NATARE DOCES AND VENI VIDO VICI

The Plaintiff’s arguments have been recycled from previous cases which were already decided by previous courts, and in one instance (Speedway v. Speedway) the trial judge noted that “butthurt, while uncomfortable, is not actually a tort, and since you are suing yourself for destroying your reputation pre factum, or before the fact, you can’t actually collect.”  In short, Brett Speedway. You can just assume that that was a typo.  

PLAINTIFF SEEKS TO DISMISS COMPLAINT AS SECOND ALLEGATION CONSISTS OF A SINGLE “NANCY” COMIC PANEL FROM 1963.

 NANCY

  We don’t get it either, your honor. 

 

Dated this 4th day of September, 2015

_______________________________

Bob Null, Bill Void, Attorneys at Law

Brett Kimberlin Does Not Get the Hint, Does He?

Mandy-Nagy-FB-Profile-Pic-cropped-578x442

Mandy Nagy, aka Liberty Chick

Brett Kimberlin says that he is continuing to sue Mandy Nagy, of Breitbart and Legal Insurrection.  Here is a section of the discussion yesterday, courtesy Hogewash:

THE COURT: Let me ask you this as a practical matter. If what you want to do is to stop this, why sue an incompetent person? Why don’t you dismiss her, and let’s get rid of this piece of it?

MR. KIMBERLIN: I have — I been in discussion about doing that for the last couple of weeks.

THE COURT: OK, then let’s bring them end. I mean, why — why are you going to pursue an incompetent person? Strategically, how does that help you?

MR. KIMBERLIN: It has to do with removal of false content. If they remove the content, I’ll dismiss.

MR. GODFREY: Your Honor, I do not stipulate that the content — I do not agree that the content is false. But let’s assume that Mr. Kimberlin is right and I’m wrong. Miss Nagy is a stroke survivor. She is barely able to communicate according to both her mother and her stepfather.

What is that content?

It is archived here, and some of it is below.  I don’t see anything incorrect:

The story behind Velvet Revolution begins with musician-activist turned immigrants’ rights defender turned voting rights activist, Brett Kimberlin, who also runs the “Justice Through Music Project (JTMP).” According to journalist Brad Friedman of the Brad Blog, he and Kimberlin co-founded Velvet Revolution together, a detail Friedman has specifically noted in a number of posts such as this one from 5/31/2007.

 
 (missing text or dead link here)
 
kimberlin-time2
 
Once dubbed “The Wizard of Odd” by Time Magazine, you may recognize the name Brett Kimberlin for much more than Justice Through Music or Velvet Revolution, especially if you’re from Indiana. That’s because in 1981, Kimberlin, then the owner of vegetarian restaurant Good Earth, was finally convicted of a week-long bombing spree in Indianapolis, IN in which eight separate bombs caused extensive property damage, destroyed a police cruiser, and severely maimed a man, which eventually led to the man’s suicide. Kimberlin’s story has so often been overlooked or understated by the national media, which unfortunately all but failed to follow up on what were later proven by the same journalist who first reported on his story to be mistruths. But locals to IN know exactly what happened and have never forgotten it since. It’s time the public got the full story.
 
Amen!
Mandy worked at Legal Insurrection at the time of her medical crisis.  Click here to see how you can help, and to get an update.
What kind of an individual would continue litigation against a woman who can barely communicate, and will probably never be in a position to defend herself?

 

Advocacy and Journalism: At Least We’re Honest About It

All it takes for evil to prevail is for good men to do nothing. – Edmund Burke

No legacy is so rich as honesty. – William Shakespeare

Part 4 of the Series is below.  Scroll down to read “Loose Ends.”

This week, Dave Alexander & Company has presented a pretty clear look into the crimes and life of Brett Kimberlin.  Why?  In part, because we can.

These 21st century tools of journalism, the blog, the digital camera, the link… These are changing the way people read their news.  The other day I got a list of court cases, Googled them, copied the links, copied individual sections and pasted them on the blog.  Anyone interested in further information can read the original documents with just a click.  Unique.

Also unique: David and I didn’t have a media company behind me.  No radio station, newspaper or major company backed us.  And we didn’t need a specific hook.  Ww knew that there was a need for a clear description of the story, and we wrote it.  No editor, except for my writing partner who I trust to catch my grammar problems.

There are drawbacks to this: The reporting was purely cut and paste.  I didn’t interview anyone.  The whole thing came together without telephoning anyone.  I’ve been a radio reporter/performer for roughly 30 years, but this is the first major project in which people had already had their “say.”  We just needed to coordinate the comments.

Another clear drawback: While we have a responsibility and appreciation for the truth, somebody else doing the same story might not.

Dave - September 1968

If I’m ever shot by police, give the news guys this picture.

Third drawback: I’m already involved in the story.  I have had a run-in with an associate of the main character in this story.  So did David Edgren. Does that affect my objectivity?  Of course it does.  At least I tell you I’m involved.  I’m honestly motivated to make sure online writers like John Hoge, Aaron Worthing, Patrick Frey (of Patterico, Erick Erickson (of RedState) and Ace (of Ace of Spades) can write without being sued or attacked.  If my contribution is that more people learn about the lawfare and the swatting, then my supposed journalistic “objectivity” is a small price to pay.

Stay safe, bloggers and readers.  Stand by your words and keep up the good fight.  I sense it will be a long one.

“It’s a Trap!!”

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I think some folks here know that my wife Heather and I share our home with three parrots. Each was rehomed with us for reasons I needn’t go into in this post; “Peaches” is a 21 year old male Goffin’s Cockatoo, “Sonny” is a nine year old male Severe Macaw, and “Bella” is a ten year old female White-cap Pionus. Each will probably outlive me (I’m 63 in two weeks) given their expected lifespan. Continue reading

Part III & 1/2: The Timeline

The Brett Kimberlin story gets confusing easily.  Like many criminal cases, there are twists and turns in the Speedway Bombing case.  Unlike TV, things happen which are inexplicable.  To fully understand it, you might need a timeline of events:Speedway population CROPPED

  • 1973 – Brett Kimberlin convicted of perjury for lying to a grand jury about drug sales.  He served 21 days.
  • July 29, 1978 – Julia Scyphers is shot outside her home.  She is the woman who forbade her granddaughter from seeing Brett Kimberlin.
  • September 1, 1978 – The first three bombs explode in Speedway. No one was hurt. A 100 member task force is assembled. (Wikipedia says three bombs.  Citizen K. Says four.) A total of eight bombs are exploded around town.
  • September 6, 1978 – The final bomb exploded at a high school football game.  Carl DeLong was severely injured.  His right leg was destroyed, and shrapnel is lodged throughout his body.
  • September 20, 1978 – Brett Kimberlin is arrested wearing a Department of Defense uniform,
    kimberlinimpersonpoliceofficer

    Shown actual size.

    trying to get a copy shop in Speedway to reproduce military identification.  Kimberlin tried to talk FBI agents into trading his freedom for information about a U.S. Congressman and a local businessman.

  • September 21, 1978 – The 1970 Impala Brett drove to the copy shop is searched.  In a suitcase with Brett Kimberlin’s initials were four Mark Time Timers, which had been modified in exactly the way the timers from the bombs had been altered.  Brett Kimberlin makes bail.
  • February 16, 1979 – Kimberlin was supervising the smuggling of 10,000 pounds of marijuana when the pilot was forced to jettison the cargo due to low fuel.  Kimberlin was arrested while trying to find the pot. William Bowman was also arrested.  Bowman was later identified by Fred Scyphers as the man who was at his house when his wife was shot.
  • March 14, 1979 – Fred Scyphers died.  Various sources say he died of cancer, or of a stroke. The case against William Bowman unraveled, and police hopes of connecting Kimberlin to the Scyphers murders were dimmed.
  • November 1980 – Brett Kimberlin’s first trial ends with a hung jury on some charges, but a conviction on the charges relating to impersonating a Department of Defense security guard.  He was sentenced to 12 years in prison.  Kimberlin also faced 4 years in prison for the Texas drug smuggling.
  • June 1981 – Kimberlin convicted of receipt of explosives by a convicted felon and sentenced to five years in federal prison.
  • December, 1981 Brett Kimberlin was sentenced to 50 years in jail for the Speedway Bombings.
  • February 23, 1983 – Carl DeLong closed the door of his garage, started the engine of his van, and died.  He left notes for his family.
  • October 1983 – Sandra Lelong wins a civil judgement of 1.6 million dollars from Kimberlin.
  • November 1988 – Brett Kimberlin claims he sold marijuana to then vice-presidential candidate Dan Quayle.  He had no evidence to support the story. Cartoonist Gary Trudeau takes up his cause after prison official refuse to allow Kimberlin to hold a press conference.
    Portrait of DoD Mr. J. Danforth Quayle, Vice President of the United States (U.S. Army Photo) (Released)

    Portrait of DoD Mr. J. Danforth Quayle, Vice President of the United States (U.S. Army Photo) Stoned.  Yeah.  Totally baked.

    Quayle denied the charge.

  • February 1994 Brett Kimberlin paroled.
  • December 1994 – The Supreme Court of Indian denies a rehearing in Kimberlin v. DeLong, in effect ordering Brett Kimberlin to pay the full 1.6 million dollars he owes to the widow of his bombing victim, who was also seriously injured.
  • 1997 Brett Kimberlin returned to prison after he refuses to make payments to Mrs. Delong.
  • 2001 – Brett Kimberlin is paroled.  He is now on unsupervised release.
  • October 2010 – Mandy Nagy writes “PROGRESSIVES EMBRACE CONVICTED TERRORIST for breibart.com
  • May 25, 2012 “Everybody Blog About Brett Kimberlin Day”  Lee Stranahan came up with the idea.
  • September, 2013 – Brett Kimberlin sues Aaron Walker, W. J. J. Hoge, Robert Stacy McCain, National Bloggers Club President Ali A. Akbar and the anonymous blogger “Kimberlin Unmasked”

    Please Note: As you know, all individuals are innocent until proven guilty. This series of blog posts is written for the purpose of educating and informing the public about Brett Coleman Kimberlin, a public figure who has committed heinous crimes and done other despicable acts over the course of his lifetime. The series is based upon media reports from the time of Kimberlin’s arrest and conviction for the Speedway Bombings, his authorized biography “Citizen K” by Mark Singer, his various prosecutions and convictions over the years, and the civil lawsuits he has been involved in, both as plaintiff and defendant. We’ve been as careful as possible to be accurate, but if there are errors, let us know (even you, Brett) and we’ll correct them promptly. When a fact is in question, we will cite sources, and link them when possible. – Dave Alexander and David Edgren


Aaron Walker Sums Up Brett Kimberlin’s Quest To Protect His Reputation – In One Sentence!

Convicted Speedway bomber Brett Kimberlin

Convicted Speedway bomber Brett Kimberlin

“Sure, he is a convicted terrorist who caused a man’s death, cheated the widow of that same man out of compensation for that death, tried to frame another man for a crime, forged a summons in a federal case, and has been found to be a pedophile attracted to girls as young as twelve, but I thought he was a swell guy until someone implied that he SWATted someone!”