How Dare You? Kimberlin and Schmalfeldt


Bill Schmalfeldt has tried to get Aaron Walker removed as an attorney representing Sarah Palmer, Eric Johnson and someday the cast of “Cats.”  He wants to sue everybody who has said mean things about him such as he’s a misogynistic dingbat with a terminal stupidity. Sorry, Vietnam-era disabled veteran misogynist dingbat with terminal stupidity.

John Hoge can catch you up here.

Here’s a bit of his Motion to Disqualify, which pulls in the facts of Brett Kimberlin’s Speedway bombings.

DELONG.png

The man referred to a “a person,” was an actual Vietnam veteran named Carl David DelongDelong.

Okay.  Let’s go there for the umpteenth time.  

In the present case, the complaint alleged intentional injury. Kimberlin’s federal criminal conviction, through collateral estoppel, *128 discussed in Issue 1(c), supra, establishes his conduct as malicious and thus intentional rather than negligent. Moreover, Carl’s DeLong’s death, although occurring more than four years after the explosion, was within the scope of harm intended by Kimberlin’s intentional criminal conduct. Under such circumstances, we decline to treat suicide as independent intervening cause protecting a highly culpable defendant from liability for his victim’s death. We hold that an action may be maintained for death or injury from a suicide or suicide attempt where a defendant’s willful tortious conduct was intended to cause a victim physical harm and where the intentional tort is a substantial factor in bringing about the suicide. (emphasis mine – Dave)

That’s from the Honorable Justice Dickson of the Indiana Supreme Court, text and link from Justia.

For those new to the story:

Brett Kimberlin built eight bombs and exploded them around Speedway, Indiana in 1978. The last injured Carl and Sandra Delong.  Carl Delong suffered such damage that his leg was amputated, and he suffered long periods of pain.  Multiple operations. He killed himself from the pain.  The court determined that his injury was a substantial factor in bringing about his suicide. (See quote above.)

From Leagle, Carl David Delong’s suicide note to his wife:

Sandy,

I am going to write several thing’s that may not make sense. But I’m trying to do my best, whatever you think of me or don’t think of me. I want you to know that I do love you. I love DeDe Steve Eddy & Melissa very much. This sound’s like an easy way out but it’s not.

I have done you so many misjudgement’s and I don’t know how else to set it straight. Don’t think of me to bad, because I am not all that tough or bad. Sometimes people that live together take each other for granted. I guess that’s the way I have been doing to you. I don’t have any real explanation for my actions and I don’t expect you to understand them. Please try to love me a little.

LOVE YOU David (over)

You have been a wonderful wife and Mother and I know I don’t deserve you and you sure didn’t deserve me.


 

Those bastards — Kimberlin and Schmalfeldt — have the gall to bring up this case as if Aaron Walker is lying when he says Brett Kimberlin caused the death of Carl Delong. The Supreme Court of Indiana agrees:

Brett Kimberlin was and is responsible for the death of Carl Delong, just as if Mr. Delong had died in the explosion.  

Additionally, Brett Kimberlin has not paid the judgement which was due.

I know Schmalfeldt and Kimberlin want to win their cases.  But apparently there’s no shame in them.  No depth too low.  No body they won’t dig up.  Shame on them both.

 

 

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11 Responses to How Dare You? Kimberlin and Schmalfeldt

  1. Pablo says:

    Schmalfeldt is, of course, fully aware of these adjudicated facts. This is an epic blunder and devastating evidence of his mendacity. Now the question is whether he’s filed it. And if he hasn’t, even though he’s served it on Aaron? This could get lulzy.

    Liked by 6 people

    • BusPassOffice says:

      He also forgot to mention that his partner in affidavit has dodged a MILLION dollar judgment by the Delongs and went back to prison for it

      Leaving Schmal things like that out are really going to convince a judge..

      Liked by 3 people

      • LLC says:

        He writes as though his opposition has no chance to enter evidence or argue facts.

        Liked by 4 people

      • LLC – in Pretendy Land (where Unca Biwwy lives full time) he gets to write the rules, and of coure Aaron won’t be allowed to enter any form of opposition.

        In the real world? We all know the answer to that, but it’s always lulzy when Unca Biwwy hoists himself on his own petards.

        Liked by 4 people

  2. SammyD says:

    Perhaps Mr. Edgren can share his personal experiences with these types of motions in the American court system, but from my own experiences in another jurisdiction, these motions are RARELY granted. The bar is very high to disqualify opposing counsel.

    Liked by 2 people

  3. agiledog says:

    But apparently there’s no shame in them. No depth too low.

    Will that fit on a coffee cup?

    Liked by 3 people

  4. Toastrider says:

    ” The court determined that his death was a substantial factor in bringing about his suicide. (See quote above.)”

    I think you meant ‘that his INJURY was a substantial factor…’ as I would expect death would be a substantial factor in one’s suicide.

    But yeah, I’m kinda mystified. This is not the tack Bill Schmuckfeldt really wants to take.

    Liked by 1 person

  5. Onlooker says:

    Delong’s injuries were truly terrible. “Sandra DeLong received permanent nerve damage caused by bomb fragments in her leg. Her husband Carl lost his right leg and two fingers. Carl DeLong received additional injuries to his inner ear, stomach, chest, neck and arm due to bomb fragments, and endured a series of operations”…and just befor he took his life, he learned he was going to lose his remaining leg. (Thanks to your friendly neighborhood tweenager-smacker and bomb setter, Brett Kimberlin)

    Liked by 1 person

    • MJ says:

      Kimberlin is the same guy that constantly brings up how Aaron offended Muslims. Charlie Hebdo got shot up. But Brett maims someone who ends up killing himself and sues the widow. He sabotaged military equipment. Yeah, he’s a real compassionate guy.

      Liked by 3 people

  6. Pingback: Baffled and Befuddled, Attorneys at Law | Dave Alexander & Company with Ukuleledave and David Edgren — This is the original Artisan Craft Blog

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