MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT

TETYANA KIMBERLIN AND REQUEST FOR A HEARING
NOW COMES the Plaintiff, Aaron J. Walker, Esq., and files this Motion for Summary
Judgment Against Defendant Tetyana Kimberlin and Request for a Hearing. He states the
following:
Mr. Walker has held off filing a motion for summary judgment until the defendants had a
chance to seek discovery. That time has passed for Mrs. Kimberlin. The deadline for service of
written discovery was June 23, 2016. Mr. Walker has waited nearly a month beyond that date on
the chance that Mrs. Kimberlins written discovery was late. Now that it is clear that she has
chosen not to participate in discovery, it is appropriate for Mr. Walker to file for a motion for
summary judgment.
Mr. Walker believes that there is no genuine dispute as to the following facts in relation
to the first two elements of a claim for malicious prosecution:
1.

That Mrs. Kimberlin signed the Application for Statement of Charges attached as

Exhibit A (hereinafter the Application). Previously, a certified copy of the same charges were

attached to the Fourth Amended Complaint.

2.

That Mr. Walker was charged with a crime by the Montgomery County District

Court Commissioner as a result of her filing that Application. This is a matter of public record.
3.

That the charges were dismissed following a plea of nolle prosequi. This is

equally a matter of public record.

Therefore, points 1, 2, and 3 establish the first two elements of the cause of action as
established in the case law and the law of this casethat there was a prosecution instituted
against Mr. Walker by Mrs. Kimberlin and that there was a resolution in Mr. Walkers favor.
Turning to the issue of probable cause, the lack of probable cause can be established by
examining the Application, eliminating every undisputed lie and misleading half-truth in the
Application (where Mrs. Kimberlin either withheld information that a reasonable person would
realize might affect the decision to prosecute or gave inaccurate or incomplete information to the
decision-maker) and then determining whether the remaining allegations would support probable
cause.
First, there is no material dispute of fact that the Application for Statement of Charges
contains the following falsehoods:
1.

For the past several years... Aaron Walker, from Manassas, VA, [has] bullied

[Kelsie Kimberlin,]1 through interactive computer services, directly and indirectly.

Previously, Mr. Walker has referred to Kelsie Kimberlin as simply K.K. However, Mr.
Walker wishes for this Court to create an unambiguous finding that Tetyana Kimberlin has
committed malicious prosecution. Identifying her daughter as simply K.K. poses an
unacceptable risk of ambiguity, especially given that Mrs. Kimberlin has two daughters with
those initials. It is also germane that the fact that Kelsie Kimberlin is Mrs. Kimberlins daughter
is not private. Her un-redacted name appears in the criminal charges filed by Mrs. Kimberlin
against Mr. Walker. Further, she has been discussed in at least two articles about the Kimberlin
2

(Application p. 2) There is naturally no dispute that Mr. Walker resides in Manassas, Virginia
then and today. It is simply true. However, there is no competent and admissible evidence
before this Court that Mr. Walker has committed any act that constitutes bullying directed
toward Kelsie Kimberlin, whether directly or indirectly, prior to May 19, 2015.2 Mr. Walkers
latest affidavit attached to this motion is evidence that prior to May 19, 2015, he hasnt done any
act one could reasonably call bullying. He has simply reported on events. See Mr. Walkers
Second Affidavit, attached as Exhibit B (hereinafter Walker Afft 2), 4.
2.

That Mr. Walker continue[s]... to get others to join [him]3 in [his] bullying.

(Application p. 2) Apart from the repeated (false) allegation that Mr. Walker has bullied Kelsie
Kimberlin, there is no competent and admissible evidence before this Court that Mr. Walker ever
recruited anyone to bully Kelsie Kimberlin prior to May 19, 2015. Both Mr. Walkers affidavit
attached to his Opposition to the Defendants Motion for Summary Judgment and Opposition to
Request for Hearing (Dkt. No. 119) (hereinafter Walker Afft 1) and his latest affidavit

family without redaction. See David Weigel, The Weirdest Story About a Conservative
Obsession, a Convicted Bomber, and Taylor Swift You Have Ever Read, THE DAILY BEAST,
August 30, 2014, available at http://www.thedailybeast.com/articles/2014/08/30/the-weirdeststory-about-a-conservative-obsession-a-convicted-bomber-and-taylor-swift-you-have-ever-read
.html and 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. Accordingly, Mr. Walker believes it no longer makes sense to keep
secret something that really isnt a secret.
2
Like Mr. Walkers latest affidavit, this motion will only focus on Mr. Walker expression and
conduct prior to May 19, 2015because any conduct on or after that date couldnt possibly be
relevant as to whether there was probable cause on May 18, 2015. The repeated use of phrases
such as prior to May 19, 2015, however, should not be read by implication as an admission
that Mr. Walker has engaged in any wrongful conduct on or after May 19, 2015. Rather, Mr.
Walker is simply focusing on the facts relevant to this case.
3
The Application also accuses Mr. Hoge of engaging in this conduct. However, since the
Defendants have provided no evidence establishing that Mr. Walker is vicariously liable for Mr.
Hoges behavior, infra 11, it is only necessary to address the accusation against Mr. Walker. Mr.
Walker believes that the claim is false as to Mr. Hoge as well, but that is not relevant to this
motion.
3

attached to this motion states that he has not done so. Walker Afft 1, 5 and 10; Walker Afft
2, 5.
3.

This has caused [Kelsie Kimberlin] serious emotional distress, so serious in fact

she had to change schools twice because students and their parents read the online bullying and
this led to intense bullying and shunning in school. (Application p. 2) Mr. Walker expects that
Mrs. Kimberlin might be able to show with proper evidence that Kelsie Kimberlin has changed
schools twice. However, she has thus far offered no proper evidence that Kelsie Kimberlin has
experienced any distress, that any other student or parent has read anything Mr. Walker wrote let
alone any alleged bullying writings by Mr. Walker, or that there has been any bullying or
shunning in school prior to May 19, 2015. Further, prior to May 19, 2015, Mr. Walker has
written nothing calculated to encourage any person to bully Kelsie Kimberlin. Walker Afft 1,
5 and 10; Walker Afft 2, 6.
4.

This has caused her academics to suffer and taken a toll on her emotional

health. (Application 2) Mr. Walker suspects Mrs. Kimberlin might be able to show that Kelsie
Kimberlins academics have suffered, but they have presented no proper evidence that anything
Mr. Walker has said or done prior to May 19, 2015, has caused her academics to suffer or that
Mr. Walker wrote or said anything prior to May 19, 2015, that could reasonably be anticipated
to have caused such harm. Mr. Walkers latest affidavit states that he has not. Walker Afft 2,
7. Further, there is no proper evidence of Kelsie Kimberlins emotional state prior to May 19,
2015.
5.

Many parents will not let their daughters be around Kelsie because of the false

attacks made online by... Mr. Walker. (Application p. 2) There is no proper evidence before
this Court that Mr. Walker has physically attacked Kelsie Kimberlin prior to May 19, 2015.

Presuming that by the term attack Mrs. Kimberlin means criticism, she has failed to establish
that Mr. Walker has made any false statements, period, let alone any false criticism of her
daughter prior to May 19, 2015. Mr. Walkers affidavits state that he has not made any false
criticism of her daughter prior to May 19, 2015. He has simply reported on events. Walker Afft
1, 19; Walker Afft 2, 8. Further, Mrs. Kimberlin has failed to establish that any parent has
refused to allow his or her daughter(s) to be around Kelsie Kimberlin or the reason for such
alleged shunning.
6.

Mr. Walker is a 42 year old man who [has] been harassing and stalking our

family obsessively and incessantly for the past four years. (Application p. 2) There is no
proper evidence that Mr. Walker has committed any act that constitutes harassment or stalking as
defined in MD CODE Crim. L. 3-802 or 3-803 prior to May 19, 2015. There is no proper
evidence that Mr. Walker had an obsession prior to May 19, 2015. Mr. Walkers affidavits
support these denials. Walker Afft 1, 4-5; Walker Afft 2, 3 and 9.
7.

Mr. Walker has written literally thousands of posts and tweets about us just to

harass us. (Application p. 2) There is no proper evidence before this Court that Mr. Walker has
written anything for the sole purpose of harassment or even partially to harass as defined in MD
CODE Crim. L. 3-803 prior to May 19, 2015. Mr. Walkers affidavits state that he has not.
Walker Afft 1, 5; Walker Afft 2, 10.
8.

They [Messrs. Walker and Hoge] investigate every aspect of our family and

business[.] (Application p. 2) Because there is an undifferentiated they in that sentence, Mr.

Walker must address both Mr. Hoges behavior and his own. There is no proper evidence before
this Court that Mr. Walker and Mr. Hoge have investigated every aspect of their family and
business, either separately or together prior to May 19, 2015. Mr. Walkers and Mr. Hoges

affidavits (attached as Exhibit C) (hereinafter Hoge Afft) state that they have not. Walker
Afft 2, 11; Hoge Afft, 5.
9.

Mr. Walker conduct[s] forensic analysis of photos and videos associated with

us. (Application p. 2) There is no proper evidence before this Court that Mr. Walker has done
this prior to May 19, 2015, and Mr. Walkers affidavit states that he has not. Walker Afft 2,
12.
10.

Mr. Walker has sent people to our home to take photographs. (Application

p. 2) There is no proper evidence before this Court that any person has gone to the Kimberlin
home to take photographs prior to May 19, 2015, and there is no proper evidence that Mr.
Walker has sent such persons. Mr. Walkers affidavits state that he has not. Walker Afft 1, 5;
Walker Afft 2, 13.
11.

Mr. Walker [has] exhibited a disturbing level of interest in Kelsie since she was

14. (Application p. 2) There is no proper evidence that prior to May 19, 2015, Mr. Walker was
interested in Kelsie Kimberlin at all or that he has reported about her any more than necessary to
report on the story of Brett Kimberlins misconduct. Mr. Walkers affidavits state that he has
not. Walker Afft 1, 6; Walker Afft 2, 9.
12.

Mr. Walker has attacked [Kelsie Kimberlin] repeatedly, directly and indirectly,

through their online presence by falsely accusing Brett Kimberlin of sex offenses and insinuating
and imputing that Kelsie is in danger.

(Application p. 2)

There is no proper evidence

supporting the claim that Mr. Walker has falsely accused Mr. Kimberlin of anything or that he
has suggested that Kelsie Kimberln is in danger prior to May 19, 2015. Mr. Walkers affidavits
state that he has not. Walker Afft 1, 19; Walker Afft 2, 14.
13.

Mr. Walker has stated that [he] can save her [Kelsie Kimberlin]. (Application

p. 2) There is no proper evidence before this Court that Mr. Walker expressed the belief that he
can save Kelsie Kimberlin prior to May 19, 2015, and Mr. Walkers affidavit states that he has
not. Walker Afft 2, 15.
14.

This frightened her so much that she was forced to take these social media

forums private or shut them down altogether. (Application p. 2) There is no proper evidence
that Kelsie Kimberlin was frightened by anything, let alone anything Mr. Walker said or wrote,
or did prior to May 19, 2015, or that such fright was reasonable or that she made any social
media forums private or took them down because of anything Mr. Walker said, wrote or did prior
to May 19, 2015. Walker Afft 1, 5; Walker Afft 2, 16.
15.

Mr. Walker tried to friend and follow [Kelsie Kimberlin] on Twitter and

Facebook. (Application p. 2) There is no proper evidence before this Court that Mr. Walker
has tried to friend Kelsie Kimberlin on Facebook prior to May 19, 2015. There is equally no
evidence that Mr. Walker intentionally followed her on Twitter prior to May 19, 2015. Mr.
Walkers affidavits states that he accidentally hit the follow button when examining on of Kelsie
Kimberlins public tweets. Thus, he did not try to follow her, which requires an intentional act;
rather he accidentally hit the follow button on his touchscreen phone. Mr. Walkers affidavit
supports these claims. Walker Afft 2, 17.
16.

Mr. Walker [has] orchestrated campaigns to post vile and insulting comments of

a sexual nature on articles about [Kelsie Kimberlin] and on music videos she has uploaded to
YouTube. (Application p. 2) There is no proper evidence before this Court that Mr. Walker
has done so prior to May 19, 2015, and Mr. Walkers affidavits state that he has not. Walker
Afft 1, 5 and 10; Walker Afft 2, 18.
17.

Mr. Walker has incited other twisted individuals to pile on against her in

perverted and unwanted ways. (Application p. 2) There is no proper evidence before this Court
that Mr. Walker has incited anyone to do anything directed toward Kelsie Kimberlin prior to
May 19, 2015. Walker Afft 1, 5 and 10; Walker Afft 2, 19.
18.

Mr. Walker has posted comments on blog posts talking about her titties and

falsely insinuated sexual abuse. (Application p. 2) First, it cannot possibly be a criminal act
to merely post a comment on a blog where third parties have discussed any persons titties or
insinuated sexual abuse without some showing some legal culpability for that writing. Second,
the allegation simply isnt true. More relevant to this inquiry, there is no proper evidence before
this Court that Mr. Walker has done that prior to May 19, 2015, and Mr. Walkers affidavit states
that he has not. Walker Afft 1, 19; Walker Afft 2, 20.
19.

Mr. Walker has contacted the police and falsely told them that there is child porn

at our home and that Kelsie Kimberlin is being watched while undressing. (Application p. 3)
There is no proper evidence before this Court of such a call, and Mr. Walkers affidavit states
that he hasnt made such a call prior to May 19, 2015. Walker Afft 2, 21.
20.

Mr. Walker has said that she is a proper target for online harassment because of

corruption of blood. (Application p. 3) There is no proper evidence that Mr. Walker has said
any such thing prior to May 19, 2015, and he has said the literal oppositethat she should be left
alone because good people reject guilt-by-association concepts such as the corruption of the
blood. Mr. Walkers affidavits support these assertions. Walker Afft 1, 5 and 10; Walker
Afft 2, 22.
21.

Mr. Walker has communicated with Tetyana Kimberlin and offered her money

to make false statements to get Kelsie Kimberlin taken away from us. (Application p. 3) There
is no doubt, of course, that Mr. Walker has communicated with Tetyana Kimberlin prior to May

19, 2015, given he has admitted to doing so in the context of an attorney-client relationship with
her. Further, Mr. Kimberlin has improperly accused Mr. Walker of offering Tetyana Kimberlin
money to make false statementswhich is a false claim about Mr. Walker. More relevant to this
inquiry, there is no proper evidence that Mr. Walker ever had an agenda other than to help Mrs.
Kimberlin gain custody of both daughters prior to May 19, 2015, while the Application falsely
claims that Mr. Walker wanted to deprive Mrs. Kimberlin of her children as well. Walker Afft
1, 18; Walker Afft 2, 23.
22.

Mr. Walker has undermined Kelsies budding music career by forcing us to take

measures to protect her from [his] creepy, scary behavior. (Application p. 3) Mrs. Kimberlin
has failed to produce proper evidence establishing 1) any creepy, scary behavior prior to May 19,
2015, Walker Afft 1, 5; Walker Afft 2, 24, 2) any measures taken to protect Kelsie
Kimberlin, or 3) any harm to Kelsie Kimberlins music career prior to May 19, 2015.
23.

Mr. Walker has attacked people who support Kelsie, including reporters.

(Application p. 3) There is no proper evidence that Mr. Walker has attacked physically or
criticized any person merely because he or she has supported Kelsie Kimberlin prior to May 19,
2015. Mr. Walkers affidavits state that he has not. Walker Afft 2, 25.
24.

After the hearing [referring to a peace order hearing against John Hoge], [Judge

Creighton] stated that Mr. ... Walker... [was] engaged in child abuse through [his] online
bullying. (Application p. 3) There is no proper evidence before this Court showing that Judge
Creighton has ever said anything like that about Mr. Walker, and a review of publicly-available
records shows it is not true. See Kimberlin v. Hoge, No. 9148D (Md. Mont. Co. Cir. Ct. 2015).
In fact, Judge Creighton upheld numerous objections when the Kimberlins attempted to turn the
hearing of May 14, 2015, into an indictment of Mr. Walker. Further, it would have been

improper to draw such a conclusion about a non-party who was not allowed to defend himself in
that hearing.
25.

Mr. Walker know[s] the suffering and distress [he is] causing and that is why [he

does] it. [He] want[s] to cause maximum harm through [his] online bullying.4 (Application
p. 3) Apart from the repeated false allegation that Mr. Walker has bullied Kelsie Kimberlin,
there is no proper evidence establishing any distress or suffering on the part of Kelsie Kimberlin
prior to May 19, 2015, or showing that Mr. Walker is aware of it. Mr. Walkers affidavit states
that he has no such knowledge. Walker Afft 2, 26.
26.

They [Messrs. Hoge and Walker] celebrate every day by telling their readers to

get out the popcorn while the [sic] mock, harass, bully and abuse the Kimberlin family.
(Application p. 3) Since there is an undifferentiated they in this passage, this allegation must
be addressed with respect to Messrs. Hoge and Walker, even as there is no proof that Mr. Walker
would be responsible for Mr. Hoges expression or conduct (if any of it were criminal or tortious,
which it is not). There is no proper evidence before this Court of daily celebration by either of
them, or both of them together prior to May 19, 2015. There is no evidence that they told readers
every day to get out the popcorn either singularly or together prior to May 19, 2015. There is
no evidence of harassment, bullying, or abuse directed at the Kimberlin family, every day or at
all, by either of them or both of them together prior to May 19, 2015. There is no evidence of
mockery of the entire Kimberlin family, period, by either of them or both of them together prior
to May 19, 2015. However, it is true that prior to May 19, 2015, Mr. Walker and Mr. Hoge have
both mocked Mr. Kimberlinand no other member of the Kimberlin familywhich is their
constitutional right. Even then they have not mocked him every day either singly or both of
4

Please note that wholly repetitive allegations will be ignored in this motion. This Court should
consider each instance of such repetitive allegations to have been rebutted as well.
10

them together prior to May 19, 2015. The affidavits of Mr. Walker and Mr. Hoge support these
assertions. Walker Afft 1, 5; Walker Afft 2, 27; Hoge Afft, 7.
27.

Mr. Walker [is a] ringleader[] of this bullying campaign. (Application p. 3)

There is no proper evidence before this Court that there was a bullying campaign or that Mr.
Walker was a ringleader of it prior to May 19, 2015. Mr. Walkers affidavits establish that he
was not the ringleader of any such campaign. Walker Afft 1, 5 and 10; Walker Afft 2, 28.
28.

No child should ever have to endure the onslaught of bullying and abuse [Mr.

Walker has] have masterminded and direct[ed]. (Application p. 3) To the extent that this is an
accusation that Mr. Walker has masterminded or directed abuse toward Kelsie Kimberlin, there
is no proper evidence before this Court establishing any bullying (as stated above), abuse, or
masterminding or directing prior to May 19, 2015. Mr. Walkers affidavits support that there has
been no masterminding and directing of anything in relation to Kelsie Kimberlin prior to May
19, 2015. Walker Afft 1, 5 and 10; Walker Afft 2, 29.
29.

Mr. Walker has followed [Kelsie Kimberlin] to court proceedings. (Application

p. 4) There is no proper evidence that Mr. Walker has done so prior to May 19, 2015, and his
affidavits establish that he didnt. Indeed, the Kimberlin family typically arrives late to their
hearings. Walker Afft 1, 4; Walker Afft 2, 30.
30.

Mr. Walkers Twitter account is www.twitter.com/aaronwalker. (Application

4) This is incorrect and was incorrect prior to May 19, 2015. His Twitter account during the
relevant time period is https://twitter.com/AaronWorthing. The address they gave belongs to
another apparent Aaron Walker who is not the Aaron Walker in this case. Walker Afft 2,
31.
31.

Mr. Walker started by focusing on Brett Kimberlin, then Tetyana Kimberlin, and

11

then Kelsie Kimberlin. (Application 4) If Mrs. Kimberlin meant that Mr. Walker focused his
journalistic attention on those persons, then it is arguably true about the Defendants prior to May
19, 2015. It is not true about Kelsie Kimberlin prior to May 19, 2015. She has only been an
ancillary figure in Mr. Walkers reporting prior to May 19, 2015. Walker Afft 1, 6; Walker
Afft 2, 9 and 32.
Finally, while there is no specific allegation that Mr. Walker conspired with Mr. Hoge
prior to May 19, 2015, or supporting any other theory that would make Mr. Walker responsible
for any criminal, tortious or otherwise wrongful act Mr. Hoge allegedly did prior to May 19,
2015, the allegation is implicit throughout the Application, and there is no proper evidence
supporting that allegation. The affidavits of Mr. Hoge and Mr. Walker establish that this
allegation is false. Walker Afft 2, 37; Hoge Afft, 10.

Those are just some of the outright falsehoods found in the Application. In addition to
that, Mrs. Kimberlin made the following statements where she either withheld information that a
reasonable person would realize might affect the decision to prosecute or gave incomplete
information to the decision-maker:
1.

[T]hey [Messrs. Walker and Hoge] have compiled and stored gigabytes of data

in scores of digital and paper folders about our family. (Application p. 2) Because there is an
undifferentiated they the claim must be answered in relation to both of them. While this is true
prior to May 19, 2015, Mrs. Kimberlin left out the fact that Mr. Walker and Mr. Hoge claim to
be journalists, and that Mr. Kimberlin has been suing them both, on and off, for over four years
(three years at the time the charges were filed). A reasonable person would recognize that these
two facts, if disclosed, would affect the decision to prosecute because it provides innocent

12

reasons to gather such datajournalism and litigation defense. Indeed, in relation to litigation
defense, Mr. Kimberlin has gathered many papers related to Messrs. Walker and Hoge prior to
May 19, 2015.5 These facts are supported by the affidavits of Messrs. Hoge and Walker.
Walker Afft 2, 33; Hoge Afft, 8.
2.

Mr. Walker has stated that Kelsie Kimberlin needs to be protected.

(Application 2) The statement is roughly true but grossly taken out of context. Specifically, Mr.
Walker has said that he redacted her name to protect her from the collateral damage of her
fathers misconduct, and, in this sense, Mr. Walker has said prior to May 19, 2015, that he was
providing her a modicum of protection from afar. However, juxtaposed from the false claim that
Mr. Walker has insinuate[ed] and imput[ed] that Kelsie is in danger, see supra p. 6, and with
the false claim just afterward that Mr. Walker said that he can save her, Mrs. Kimberlins clear
design was to falsely imply that Mr. Walker was contemplating an illegal act, such as
kidnapping.

A reasonable person would not have withheld the context of Mr. Walkers

statement from the Commissioner and if Mrs. Kimberlin had explained the actual context of that
comment, it would have sounded innocentindeed, laudable. Despite being rightfully very
angry with Mr. Kimberlin, Mr. Walker was taking steps to protect Kelsie Kimberlin from the
fallout of Brett Kimberlins misconduct. Walker Afft 2, 34.
3.

Mr. Walker has trolled her social media accounts and copied pages, photos,

videos and posts that she has placed online. (Application p. 2) There is no proper evidence
before this Court of any act that can be reasonably described as trolling prior to May 19, 2015.
Further, as with the last item, the claim of copying was made without disclosing that Mr. Walker
has been repeatedly sued by Mr. Kimberlin or that Mr. Walker presents himself as a journalist.

Although to be fair, Mr. Walker doesnt recall if Mr. Kimberlin kept the information in folders.
13

This information should not have been withheld. Walker Afft 2, 35.
4.

We have had to call 911 several times because of unwanted contacts and we

have had to install security cameras and 24/7 alarms. (Application 2) If Mrs. Kimberlin means
to suggest that Mr. Walker has made any unwanted contacts prior to May 19, 2015, that
justified calling the police and installing a security system, this claim is false, there is
consequently no proper evidence supporting the claim, and it is contradicted by Mr. Walkers
affidavits. Walker Afft 1, 5; Walker Afft 2, 36. However, it appears that she is being coy
about who made the contacts in order to imply that it was Mr. Walker who made them when, in
fact, she is not alleging that Mr. Walker made the contacts but instead they were made by
someone else. In that case, the claim is tortuously misleadingthat is, a reasonable person
would know that the decision-maker would want to know if the unwanted contacts that allegedly
triggered these responses were made by someone other than Mr. Walker, because that would
render the allegation irrelevant.
5.

Mr. Walker has threatened to take depositions of [Kelsie Kimberlin] and her

friends to ask about sexual topics. (Application p. 2) First, there is no proper evidence that Mr.
Walker made any threat prior to May 19, 2015. The only proper evidence before this Court
establishes that prior to May 19, 2015, Mr. Walker predicted Mr. Kimberlin would not sue him
for calling him a pedophile because of the fear that Mr. Walker or an attorney representing him
would conduct depositions of Kelsie Kimberlin and/or her friends. Further, Mrs. Kimberlin
withheld that factual contextthat Mr. Walker was a lawyer discussing the possibility in relation
to a potential lawsuit where Mr. Kimberlin would sue Mr. Walker for defamation in relation to
claims that Mr. Kimberlin is a pedophile. The truththe full truthis revealed as follows: that
Mr. Walker, a lawyer, suggested that if there was a case surrounding the question of whether

14

Brett Kimberlin is a pedophile attracted to underage girls, there would be depositions of Kelsie
Kimberlin, Mrs. Kimberlins daughter, and of Kelsie Kimberlins friends. It is doubtful that any
person would consider that statement anything more than a mundane, obvious prediction by an
experienced litigator. If she had further disclosed that her husband did call Kelsie Kimberlin to
the stand and that he did ask her questions about sex (meaning he asked her if he was a
pedophile), then the Commissioner would have been even less likely to charge Mr. Walker with
a crime. Walker Afft 1, 11.

The numbered paragraphs above do not represent all of the instances where Mrs.
Kimberlin lied, or intentionally misled the Commissioner by withholding information. They are
however instances where 1) there is presently no genuine dispute of material fact and 2) as an
experienced litigator, Mr. Walker anticipates that there will be no genuine dispute of material
fact after Mrs. Kimberlin responds to this motion. To give a practical example, Mr. Walker
proffers that there will never be any proper evidence before this Court showing that Mr. Walker
wrote that Kelsie Kimberlin should be targeted under the principle of the corruption of the
blood or under any other theory. This is because Mr. Walker has written nothing saying this.
Further, even if Mr. Kimberlin decided to forge a document to help Mrs. Kimberlin6 purporting
to be written by Mr. Walker showing that he said that, such a forgery would be inadmissible
under basic rules of authentication.
Of course, the Defendants have submitted affidavits accompanying their first Motion for
Summary Judgment and a Hearing (Dkt. No. 114) that appear to dispute some of the facts laid

This is not an outlandish hypothetical, given Mr. Kimberlins prior forgery of a summons in
U.S. District Court. See, ECF No. 102 in Kimberlin v. National Bloggers Club, et al. (I), No.
GJH-13-3059 (D. Md. 2013) (admitting that he forged a summons).
15

out by Mr. Walker and Mr. Hoge in their affidavits. Apart from the deficiencies Mr. Walker
already pointed out in relation to those affidavits in his Opposition to the Defendants Motion for
Summary Judgment and Opposition to Request for Hearing (Dkt. No. 119), these allegations are
conclusory in nature and lack sufficient detail to be used in defense against a motion for
summary judgment. Given Mrs. Kimberlins past behavior, Mr. Walker would be surprised if
the evidence improves to any appreciable degree if and when Mrs. Kimberlin responds to this
motion.
Accordingly, Mr. Walker believes there is no dispute of material fact that there was a
lack of probable cause to support the Application. To make this determination, Mr. Walker
urges the Court to first go through the Application and eliminate every allegation where there is
no genuine dispute that it is false or misleading. It should also eliminate any allegation solely
against Mr. Hoge, because there is no genuine dispute of material fact that Mr. Walker is not
responsible for the conduct of Mr. Hoge. Then, focusing solely on the allegations where there is
either no dispute that the allegation is truthful (such as that Mr. Walker lives in Manassas,
Virginia), or there is a dispute of fact as to whether they are relevant and truthful (in context),
this Court should determine whether there is probable cause based on those alleged facts.
Indeed, Mr. Walker has helped this Court with the task. Attached as Exhibit D is a copy
of the same application that was attached as Exhibit A, except the falsehoods and half-truths
outlined above and the irrelevant allegations involving Mr. Hoge has been blocked out. Mr.
Walker believes that this Court can use this version of the Application as a tool to evaluate
whether a genuine dispute exists as to the existence of probable cause.
When one eliminates every allegation in the Application where there is no dispute that
the allegation is false, misleading or irrelevant, one is left with only the following facts:

16

1.

That Mr. Walker has used a computer from 2013-2015 (Application p. 1)

although there is no proper allegation about what Mr. Walker has used it for. Indeed, because of
Mr. Walkers dysgraphiawhich makes it difficult for him to write by hand but doesnt affect
his ability to typehe has used computers continually for more than half his life.
2.

That this is a charge by Brett and Tetyana Kimberlin on behalf of Tetyanas minor

child, Kelsie Kimberlin, against Aaron Walker, of 7537 Remington Road, Manassas, Virginia
(Application p. 2).
3.

That the Defendants have repeatedly asked Mr. Walker to stop alleged harassment

prior to May 19, 2015 (Application p.2).

Although this hasnt been supported by proper

evidence, yet, in his experience as a litigator, Mr. Walker anticipates that Mrs. Kimberlin is
likely to prove she asked Mr. Walker to stop alleged harassmentwhile Mr. Walker notes that
there is no evidence that Mr. Walker engaged in harassment in the first place, necessitating that
request.
4.

That Kelsie Kimberlin has had to change schools twice prior to May 19, 2015

without any evidence that Mr. Walker caused her to change schools. (Application 2) Again, the
claim she has repeatedly changed schools has not yet been supported by proper evidence, but Mr.
Walker anticipates that such proper evidence is likely to be presented. He does not anticipate
any evidence that makes Mr. Walker the legal cause of that decision.
5.

That Kelsie Kimberlins academics have suffered prior to May 19, 2015without

any evidence that Mr. Walker caused her academics to suffer. (Application 2) Again, Mr.
Walker anticipates that proper evidence is likely to be presented about Kelsie Kimberlins grades
but without any showing that Mr. Walker is the legal cause of any alleged effect on her grades.
6.

Mr. Walker is a 42 year old man (Application 2).

17

7.

Mr. Walker has written literally thousands of posts and tweets about one or more

members of the Kimberlin family prior to May 19, 2015 (Application 2). Although they have
not presented any evidence that Mr. Walker has written anything, Mr. Walker concedes that he
has probably written at least two thousand tweets or posts, combined, about one or more
members of the Kimberlin familythe vast majority being about Brett Kimberlin.

Mrs.

Kimberlin will not be able to show, however, that the content of those messages are wrongful,
tortious, or criminal, or even evidence that he did anything wrongful, tortious or criminal . The
Defendants can only show that Mr. Walker has written about one or more members of the
Kimberlin family, and that is all.
8.

That they have had to call 911 several times and install security systems prior to

May 19, 2015 (Application 2). They might be able to show that they called 911 and installed
security systems, but Mr. Walker doesnt believe they can properly show that Mr. Walker caused
any reasonable degree of alarm justifying this conduct.
9.

That Kelsie Kimberlin took some social media forums private or shut them down

completely prior to May 19, 2015 (Application 2)without any evidence that Mr. Walker
caused her to do so.
10.

That Mr. Walker has communicated with Tetyana Kimberlin and offered her

money to make false statements prior to May 19, 2015 (Application 3). As noted above, the
claim that Mr. Walker communicated with Tetyana Kimberlin is admitted, but the claim that Mr.
Walker offered her money is false, but is likely to be in dispute after Mrs. Kimberlin responds to
this motion.
11.

That Mr. Walker mocked Brett Kimberlin prior to May 19, 2015 (Application 3).

12.

That the Application concerns writing on the Internet available in Montgomery

18

County prior to May 19, 2015 (Application 4).

13.

That Mr. Walker assaulted Brett Kimberlin prior to May 19, 2015 (Application p.

4). Mr. Walker maintains that this is a false claim, but he anticipates that the Defendants are
likely to place this issue into dispute.
14.

That Mr. Walker focused his journalistic attention on Brett Kimberlin and then on

Tetyana Kimberlin prior to May 19, 2015 (Application p. 4).

That is it. Those are the allegations in Mrs. Kimberlins complaint that are either 1) true
or 2) the truth of the allegations are in dispute. At most, they reasonably show that Kelsie
Kimberlin might be going through a rough patch. However, even if the Defendants manage to
prove every disputed claim at trial, none of this would add up to a showing that there is probable
cause to believe that Mr. Walker has violated MD CODE Crim. L. 3-805(b)(2).
Further, if this Court agrees that there is a lack of probable cause, then malice can be
inferredas has been the law of this case. Likewise, Mrs. Kimberlin cannot offer any evidence
to dispute Mr. Walker on the subject of compensatory damages.
Finally, on the issue of punitive damages, if this Court doesnt believe it can infer the
malice required to support punitive damages, actual malice can be shown fairly easily. Indeed, if
this Court agrees with Mr. Walker that there is no genuine dispute of material fact as to probable
cause, this Court will have found that Mrs. Kimberlin has repeatedly lied to and misled the
Commissioner in order to institute false charges against Mr. Walker. Such conduct constitutes
clear and convincing evidence of actual malicethat is, that she had an evil motive influenced
by hate with a purpose to deliberately and willfully injure Mr. Walker. That not only meets the
malice standard for malicious prosecution, it also meets the requirement of malice for punitive

19

damages.
High punitive damages are appropriate in order to deter Mrs. Kimberlin from engaging in
similar conduct and it should be in proportion to the wrongfulness of her conduct. Her plain
intent was to punish Mr. Walker for engaging in expression protected by the U.S. Constitution
and the Maryland Declaration of Rights. While those legal charters only protect one from
government action, the natural right of free expression is greater than that. When Theo Van
Gogh, for instance, is murdered for his criticism of what he perceives as Islamic culture,7 Medgar
Evers is murdered for advocating for equal rights for persons of every color,8 or abolitionist
Elijah Lovejoy is murdered defending his presses from a pro-slavery mob,9 that might be private
violence, but these acts of violence still abridge the natural right of freedom of speech. How
many people hold their tongues when terrorists murder those who say the wrong thing?10
Likewise, how many people will refrain from engaging in lawful criticism of Brett Kimberlin if
they know that Tetyana Kimberlin will file a false criminal complaint against them in revenge?
How many will say, I dont need the hassle, nor do I want to have to explain this to future
employers?
7

See, e.g., Rachel Donaldio, Provocateurs Death Haunts the Dutch, NY TIMES, October 30,
2014, available at http://www.nytimes.com/2014/11/02/arts/provocateurs-death-haunts-thedutch-.html?_r=0.
8
See, e.g., NAACP History: Medgar Evers, NAACP, available at http://www.naacp.org/pages/
naacp-history-medgar-evers.
9
See, e.g. Fawn Brodie, THADDEUS STEVENS: SCOURGE OF THE SOUTH 68 (1959).
10
See, e.g., Associated Press, Gay Pride revelers seek to offset fear after Orlando massacre, THE
TIMES-PICAYUNE, June 18, 2016, available at http://www.nola.com/crime/index.ssf/2016/06/
gay_pride_revelers_seek_to_off.html (describing a smaller-than-usual turnout at a gay pride
parade in Rhode Island after the terrorist attack in a gay nightclub on June 12, 2016, and quoting
a man as stating that he believed the low turnout was in part because of fear of terrorism) and
Dave Itzkoff, South Park Episode Altered after Muslim Groups Warning, NY TIMES, April
22, 2010, available at http://www.nytimes.com/2010/04/23/arts/television/23park.html
(discussing how the creators of the TV show South Park created an episode depicting
Mohammed, and how the network that airs South Park, Comedy Central, censored that episode
in the face of terroristic threats).
20

Our Declaration of Independence says that we have certain unalienable rights and [t]hat
to secure these Rights, Governments are instituted among Men. In other words, government
doesnt exist for its own benefit, but rather it has a positive duty to actively protect the rights of
the people. It is not enough, then, for Maryland to simply avoid violating Mr. Walkers right to
freedom of expression by its own actions. It must go further and protect Mr. Walkers right to
freedom of expression from those private actors who would commit crimes and torts against him
to punish Mr. Walker for what he wrote, and frighten others into silence. The way this state
protects Mr. Walker from such private, wrongful conduct aimed at silencing Brett Kimberlins
critics is by rigorously enforcing the law against such conduct. It is a travesty that it took over
three decades for Medgar Evers freedom of speech to be vindicated with the conviction of
Bryon De La Beckwith. Mr. Walker hopes for a similar vindication before this Court and on a
much faster timetable, including an injunction designed to prevent similar misconduct in the
future and high punitive damages to punish Mrs. Kimberlin for her misconduct and to deter
others from engaging in the same misconduct.
Accordingly, with no genuine dispute that a prosecution was instituted by Mrs.
Kimberlin, no genuine dispute that it was resolved in Mr. Walkers favor, no genuine dispute that
there was no probable cause, no dispute that there was malice, no dispute that compensatory
damages are justified, no dispute that punitive damages are justified and no dispute that an
injunction is justified, Mr. Walker respectfully asks this Court to grant this motion for summary
judgment against Mrs. Kimberlin.

WHEREFORE, based on the foregoing, this Court should grant Mr. Walkers Motion for
Summary Judgment against Mrs. Kimberlin, with or without a hearing, and provide any other

21

relief that is just and equitable.

Monday, July 25, 2016

Respectfully submitted,

Aaron J. Walker, Esq.

Va Bar# 48882
P.O. Box 3075
Manassas, Virginia 20108
AaronJW72@gmail.com
(703) 216-0455
(no fax)

VERIFICATION
I, Aaron Walker, solemnly affirm under the penalties of perjury that the contents of the
foregoing paper are true to the best of my knowledge, information, and belief.

Dated:

CERTIFICATE OF SERVICE
I certify that on the
day of
, 2016, I served copies of this
document on Brett and Tetyana Kimberlin at 8100 Beech Tree Road, Bethesda, Maryland 20817.
In accordance with the Courts order of March 10, 2016 (Dkt. No. 111), I have performed such
service by certified mail and will file the green card when it is returned to me.

22

Exhibit A

Exhibit B

MARYLAND:
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

SECOND AFFIDAVIT OF AARON J. WALKER, ESQ.

1.

My name is Aaron J. Walker, Esq., and I make these statements based upon my

own personal knowledge, except where otherwise noted. I am an attorney in good standing in
Virginia and Washington, D.C. I am over 18 years of age, and if called to do so, I am competent
to testify that the contents of this affidavit are accurate and true.
2.

I hereby state that the contents of my Fourth Amended Complaint are true and

correct to the best of my knowledge, information, and belief. Of course, this Court can only
consider it evidence on matters I have personally observed, but to the extent that it reflects my
personal observations, I hereby verify its accuracy. Further, this affidavit will generally only
address my expression and conduct prior to May 19, 2015, because that is the only time period
potentially relevant to charges filed on May 18, 2015. The repeated use of the phrase prior to
May 19, 2015, should not be read by implication to admit to any wrongful conduct on or after
May 19, 2015; rather it indicates that this affidavit is focused only on issues relevant to this case.
3.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words that constitutes harassment under MD CODE Crim. L. 3-803, stalking under 3-802, or

harassment of a minor under 3-805(b)(2). Any allegation to the contrary is rebutted in greater
detail in my affidavit attached to my Opposition to the Defendants Motion for Summary
Judgment and Opposition to Request for Hearing (Dkt. No. 119), and it should be considered in
tandem with the accompanying motion.
4.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words that can be reasonably defined as bullying, indirectly or directly, in relation to Kelsie
Kimberlin.
5.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words calculated to recruit any third party to engage in any act that can be reasonably defined as
bullying in relation to Kelsie Kimberlin. Indeed, I have specifically told others not to judge
her by the actions of Brett Kimberlin and that they should exempt her from most criticism.
Attached as Exhibit B-1 is a true and correct copy of a piece I wrote on my blog entitled
EXCLUSIVE: My Motion to Dismiss Convicted Terrorist Brett Kimberlins RICO Suit in
which I write about how one should not judge Kelsie Kimberlin by the activities of Mr.
Kimberlin.
6.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words calculated to encourage any third party to engage in any act that can be reasonably defined
as bullying in relation to Kelsie Kimberlin.
7.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words calculated to cause Kelsie Kimberlins academics to suffer or to cause her to suffer
emotional harm.
8.

Prior to May 19, 2015, I have never physically attacked Kelsie Kimberlin. Prior

to May 19, 2015, I have never written any false criticism of Kelsie Kimberlin.

9.

Contrary to Mrs. Kimberlins attempt at a diagnosis, prior to May 19, 2015, I was

not obsessed with Mr. Kimberlin. Rather, Mr. Kimberlin keeps attracting my attention by
committing crimes against me, by filing frivolous suits and other actions against me (and others)
designed to suppress protected expression. The vast majority of my reporting prior to May 19,
2015, has been reactivetelling readers of what events have occurred. Further, prior to May 19,
2015, I have shown virtually no interest in Kelsie Kimberlin. To the extent that I have paid any
attention to her at all prior to May 19, 2015, it is because Mr. Kimberlin has constantly placed
her at the center of the story of his misconduct.
10.

Prior to May 19, 2015, I have never written anything on Twitter or in any other

forum for the sole purpose of harassing any member of the Kimberlin family or the Kimberlin
family as a whole, and I have never written anything on Twitter or in any other forum that was
partially motivated by a desire to harass any member of the Kimberlin family or the Kimberlin
family as a whole.
11.

Prior to May 19, 2015, I have not investigated every aspect of the Kimberlin

family and their business. For instance, I made no effort to learn where Kelsie Kimberlin or her
younger sister went to school. To the extent that I gained information prior to May 19, 2015,
about where Kelsie Kimberlin went to school, it is because Brett Kimberlin has disclosed that
information to me in court papers. Prior to May 19, 2015, I have not investigated every aspect of
the Kimberlin family or their business individually, and I have not done so in tandem with any
other person, including but not limited to Mr. William J. J. Hoge III.
12.

Likewise, prior to May 19, 2015, I have never conducted forensic analysis of

photos and videos associated with the Kimberlins.

13.

Prior to May 19, 2015, I have never sent any person to the Kimberlins house in

order to take photographs or sent any person to take any photos of the Kimberlin family.
14.

Prior to May 19, 2015, I have never falsely accused Mr. Kimberlin of any

immoral or criminal act, and I have never stated or implied that Kelsie Kimberlin was in danger
from Mr. Kimberlin.
15.

Prior to May 19, 2015, I have never stated that I can save Kelsie Kimberlin.

16.

Prior to May 19, 2015, I have never directed any conduct toward Kelsie

Kimberlin that would put her in reasonable fear of physical harm or a criminal act.
17.

Prior to May 19, 2015, I never intentionally attempted to follow any Twitter

account knowing it belonged to Kelsie Kimberlin. As stated in my Fourth Amended Complaint

55, I once accidentally hit the follow button when viewing a tweet from what appears to be
her account on my iPhone. Within moments, I realized what I had accidentally done and
immediately unfollowed her account. That is not an attempt to follow her, since one cannot
accidentally attempt to do something. Likewise, prior to May 19, 2015, I have never attempted
to friend her on Facebook or accidentally did so. I have not used Facebook since around
summer, 2010, before I was aware Kelsie Kimberlin existed.
18.

Prior to May 19, 2015, I have never committed any act or written or uttered any

words designed to orchestrate a campaign to post vile and insulting comments of a sexual nature
on articles about Kelsie Kimberlin or on music videos she has uploaded to YouTube, or to make
any comments at all on her articles or music videos. I dont tell others generally what to write; at
most I occasionally call others out for saying something I believe to be inappropriate if I am
made aware of it.

19.

Prior to May 19, 2015, I have never incited any person to take any action or wrote

or uttered any word that incited any person to target Kelsie Kimberlin for anything, let alone to
engage in any perverted or unwanted behavior directed at her.
20.

Prior to May 19, 2015, I have never discussed, in writing or in speech, Kelsie

Kimberlins titties, and I have never insinuated (falsely or otherwise) that she has been the
victim of sexual abuse. Prior to May 19, 2015, I have never posted in the comments of any piece
where such discussion had taken place.
21.

Prior to May 19, 2015, I have never contacted any law enforcement official and

stated that either there is child porn in the Kimberlin home or that Kelsie Kimberlin is being
watched while she undresses.
22.

Prior to May 19, 2015, I have never stated that Kelsie Kimberlin is a proper target

for harassment. I do not believe any person is a proper target for harassment, and, prior to May
19, 2015, I have not said that any person is a proper target for harassment. Prior to May 19,
2015, I have never endorsed any person punishing the family of a person who has acted
wrongfully under the doctrine of the corruption of the blood or any other theory. I consider that
attitude abhorrent.
23.

Prior to May 19, 2015, I have never offered money to Tetyana Kimberlin for any

purpose. Prior to May 19, 2015, I have never sought to cause Tetyana Kimberlin to lose custody
of her children. Indeed, I have helped to fight to get her custody of and visitation with her
children at a time when she was separated from her husband. I have expressed the belief during
that controversy that the children should be taken from Brett Kimberlin and given to Tetyana
Kimberlin. I dont remember if I stated that Mr. Kimberlin should not even be granted visitation,
but I believed that he shouldnt; therefore, I am likely to have said it. But, prior to May 19,

2015, I have never said that any person or entity should take Mrs. Kimberlins children away
from both of themonly that Mrs. Kimberlin should have custody to the exclusion of her
husband.
24.

Prior to May 19, 2015, I have not engaged in any behavior that a reasonable

person would consider to be creepy or scary directed at Kelsie Kimberlin, nor have I taken any
actions calculated to harm Kelsie Kimberlins music career. Prior to May 19, 2015, I have not
even expressed an opinion about the quality of her music, not because it would be a criminal,
tortious or otherwise wrongful act to do so, but because my focus is on Brett Kimberlin and his
criminal, tortious and immoral conduct, not Kelsie Kimberlin.
25.

Prior to May 19, 2015, I have never criticized a person for supporting Kelsie

Kimberlin.
26.

Prior to May 19, 2015, I did not have any idea whether the Kimberlin family is

truly suffering or not. I have heard Kelsie Kimberlin claim she is suffering, but I do not consider
her to be credible. Further, after listening to her testimony I suspect that if she is suffering, it is
actually being caused by the lies her father is telling, not by anything I have done, said, or
written. I do not desire to see anyone other than Brett Kimberlin suffer, and I only want him to
face the lawful consequences of his criminal, tortious and immoral conduct toward my wife and
me, and others.
27.

Prior to May 19, 2015, I did not harass, bully, or abuse the Kimberlin family at

all, let alone every day. Prior to May 19, 2015, I did mock Mr. Kimberlin (but not any other
member of the Kimberlin family) on a regular basis, but that reflects some of the Jewish culture
this gentile has picked up from childhood friends, which uses mockery as both a coping
mechanism and a method of cutting people down to size. Such mockery is not a criminal act.

While such mockery cannot be prohibited under the Constitution, it is worth noting that I did not
mock Mr. Kimberlin every day. Prior to May 19, 2015, I did not celebrate anything on a daily
basis. Prior to May 19, 2015, I also did not mock, harass, bully, or abuse the Kimberlin family in
tandem with anyone else, including but not limited to Mr. Hoge. Prior to May 19, 2015, I have
not written that readers should get out the popcorn every day, individually or in tandem with
Mr. Hoge.
28.

Prior to May 19, 2015, I was not the ringleader of any campaign aimed at

committing any act that constitutes bullying.

29.

Prior to May 19, 2015, I have not masterminded or directed bullying or abuse

directed at any person.

30.

Prior to May 19, 2015, I have never followed Kelsie Kimberlin to a court

proceeding.
31.

Prior to May 19, 2015, my twitter account was not twitter.com/aaronwalker.

32.

Prior to May 19, 2015, I have never focused on Kelsie Kimberlin and indeed I

dispute the characterization that I have focused in any immoral or criminal way on Tetyana
Kimberlin. Prior to May 19, 2015, I did arguably focus on Tetyana Kimberlin for the purposes
of providing legal help, but that is not a criminal act.
33.

Prior to May 19, 2015, I have only gathered information about the Kimberlins 1)

in order to report journalistically about them, 2) for litigation defense purposes, and 3) to aid in
bringing Mr. Kimberlin to justice for the crimes he has committed against me and others.
34.

Prior to May 19, 2015, I have only stated that Kelsie Kimberlin should be

protected in the context of saying that anyone reporting on her should leave her name out of their

coverage to minimize the possibility of any potential collateral damage her fathers misconduct
might have on her life.
35.

Prior to May 19, 2015, I have never trolled Kelsie Kimberlins social media

accounts.
36.

Prior to May 19, 2015, I have never made unwanted contacts with the Kimberlins

that would reasonably cause them to fear for their safety or to believe that a crime had been
committed against them. My only contacts with the Kimberlins prior to May 19, 2015, was 1)
service of process as required by court rules, 2) in court and just outside of courtrooms, and 3)
demanding that Mr. Kimberlin leave my wife, our families and I alone, as required in MD CODE
Crim. L. 3-803.
37.

Prior to May 19, 2015, I have never conspired with Mr. Hoge to commit any

wrongful, tortious, or criminal act, I have never aided or abetted such a wrongful, tortious, or
criminal act or done anything that would make me vicariously liable for any wrongful, tortious,
or criminal act allegedly committed by Mr. Hoge or any other person. I further believe Mr. Hoge
has never committed wrongful, tortious or criminal act because I have never witnessed him
committing such acts or even seen credible evidence of such acts.
38.

Finally, I have been damaged as follows.

First, in practical terms I was

inconvenienced. I had to make at least two trips to Maryland, taking a minimum of six hours out
of my time in order to obtain copies of the Application for Statement of Charges and to deliver a
motion to dismiss those charges. That also amounts to approximately 70 miles per trip, thus 140
miles. Upon information and belief, the federal mileage reimbursement rate was 57.5 cents per
mile in 2015, thus an ordinary reimbursement for that travel would be $80.50, per trip, or $161
total.

39.

Further, it took me over thirty hours to research and write my motion to dismiss.

That is thirty hours I could have devoted to paying clients for $100 an hour, or simply enjoyed
for my own use. That would be the equivalent of at least $3,000 worth of my time. Likewise,
the six hours taken going back and forth would add up to an additional $600 of lost opportunity
costs. In addition to that is the cost of producing the motion itself. The motion to dismiss itself
was only two pages, plus an additional page for the proposed order. A memorandum of points
and authorities was attached which contained 39 pages.

Further, I attached 427 pages of

exhibits. This packet of 469 pages had to be produced twice: once for the court and once for
service on the States Attorney. Service was accomplished on the States Attorney by hand
delivery. Since the Montgomery County Circuit Court charges 50 cents per copy, it seems to set
a reasonable reimbursement rate for the ink and paper, giving us a total for $234.50 per copy, or
$469 total for the two copies. Thus, the measurable damages amount to $4,230.
40.

As for pain and suffering, it was extremely upsetting to be charged again by the

Kimberlins. As I have noted, I have been charged with crimes four times, and it felt as if the
State of Maryland was unwilling or unable to stop this abuse of its legal system. I have pled with
the Commissioner to stop accepting these evidence-free charges, I have asked for the States
Attorney office to stop allowing me to be charged, and I have asked them to lock up Mr.
Kimberlin so he will no longer plague our community with his criminal conduct. I even sued the
State, which I hoped would have the collateral effect of making this State more reticent about
allowing charges to be filed in the future without credible evidence. The latest set of charges
showed that none of this has worked. This is particularly infuriating because I am a lawyer; I
believe fundamentally in our justice system, and to see it systematically perverted to protect this
sociopath represents an attack one of my core values. The system is supposed to work, it is

supposed to protect the innocent and the good against the evil, and yet in Montgomery County,
Maryland, it has been perverted to protect the evil against the good. Indeed, my arrest was in
response to protesting how a crime had been committed against me. This latest set of charges
dredged up all of those feelings and re-opened those wounds.
41.

Further, it is particularly infuriating that the latest charges also represent a

betrayal. At a time when few were willing to help her, I reached out to Tetyana Kimberlin and
tried to help her. She told me about how she had been sexually abused by her husband and how
she feared for the safety of her daughters. At a time of financial distress, I offered her pro bono
counsel. I worked for hours trying to fight off Brett Kimberlins abuse of the legal system. My
friend, Mr. Hoge, told me he spent several thousand dollars hiring local counsel for her, Zoa
Barnes, Esq. When Mrs. Kimberlin didnt have a ride on the day of her first appointment with
Ms. Barnes, my wife and I drove her there. I loaned her a book on the law and a copy of Mark
Singers biography (both of which she has never returned). I remember one weekend where she
was afraid of losing her apartmentaccording to her, because of her husbands harassment. I
spent that weekend calling just about every domestic violence shelter between Manassas,
Virginia, and Carroll County, Maryland, looking for a place for her to stay, found a list of many
good candidates, and sent it to her. How does she repay this kindness? By filing patently false
charges against me. In addition to that, I have suffered professional and personal embarrassment
as people have asked me about these charges, necessitating explanations.
42.

Nor do I think these emotional harms should be considered in isolation. This

comes as part of a multi-year campaign by Mr. Kimberlin to silence me by the abuse of the
Maryland judiciary system. Until I came across Mr. Kimberlins path, I had never been accused
of any crime worse than a traffic infraction. But since I committed the crime of representing

10

people Brett Kimberlin didnt want me to and writing true things about him that he doesnt like, I
have been falsely charged with crimes four times, I have been arrested for the first time in my
life, I have been subject to two meritless peace orders and I have been subjected to three more
meritless lawsuits. I have been subjected to outrage after outrage at the hands of the Maryland
legal system, at the command of the Kimberlins. There is no way to quantify these emotional
harmsthe betrayal, the embarrassment, and the outrage at the conduct of the Kimberlinsso I
have asked for $100,000 total.
43.

Further, in order to put an end to this outrage against freedom of expression, I ask

for high punitive damages, based on the reasoning presented in the accompanying motion for
summary judgment.

I, Aaron Walker, solemnly affirm under the penalties of perjury that the contents of the
foregoing paper are true and that all attachments are true and correct copies of the originals.

Dated:

11

Exhibit B-1

7/22/2016

AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit
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AllergictoBull
Law,lifeandthelocalspectatorsportcalledpolitics.

THEBRETTKIMBERLINSAGA:
FollowthislinktomyBLOCKBUSTERSTORYofhowBrettKimberlin,aconvictedterroristandperjurer,attemptedtoframemeforacrime,
andthengotmearrestedforbloggingwhenIexposedthatmisconducttotheworld.Thatsoundslikeanincredibleclaim,butIprovideprimary
documentsandvideoevidenceprovingthathedidthis.Andifyouaremovedbythisstorytoprovidealittlehelptomyselfandothervictimsof
Mr.Kimberlinsintimidation,suchasRobertStacyMcCain,youcandonateatthePayPalbuttonsontheright.AndIthankeveryonewhohas
doneso,andwilldoso.

WEDNESDAY,DECEMBER18,2013

EXCLUSIVE:MyMotiontoDismissConvicted
TerroristBrettKimberlinsRICOSuit
ThisisthelatestpostinwhatIhalfjokinglycallTheKimberlinSaga.Ifyou
arenewtothestory,thatsokay!Noteveryonereadsmyblog.Theshortversion
isthatKimberlinhasbeenharassingmeforoverayear,hisworstconductbeing
whenheattemptedtoframemeforacrime.Irecognizethatthismightsound
likeanincredibleclaim,butIprovidevideoanddocumentaryevidenceofthat
factinotherwords,youdonthavetobelievemyword.Youonlyhavetobelieve
youreyes.So,ifyouarenewtothestory,gotothispageandyoullbeableto
catchuponwhathasbeenhappening.
PAGES

Update:NowIhavepostedallthedocumentsIintendtopostinthe
shortterm,letmeupdateallofthesepostswithwhereyoucanfind
each.Thisisagenericupdate,sosomeoftheselinkswillbetothis
post.Mybasicmotiontodismissishere,butitsbarelyworthreading
itliterallyjustsaysthatthecaseshouldbedismissedforallthereasons
statedinmymemorandumofpointsofauthorities.Sothat
memorandumisthemeat,andthatishere.NextIhaveamotionto
requireverification,here,andfinallyIhaveamemorandumaimedat
convincingajudgetoletwhoeverKimberlinUnmaskedispreserve
his/her/theiranonymity.AndfinallyweseeDBCapitalStategies
motiontodismiss.Andthatisit,fornow.

Preparetobeastounded,folks.Belowthefold,exclusivetothisblogismymotion
todismissBrettKimberlinsRICOsuit.Sogoahead,look:

Home
TheBrettKimberlinSaga(AndHow
YouCanHelp!)
HELPPRESERVEFREEDOMOF
SPEECH!

DonatetoBomberSuesBloggersto
helpinthefightagainstconvicted
terroristBrettKimberlin.
Goheretodonate.
Therewasanerrorinthisgadget
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Summary/PreviewofmyPostHow
BrettKimberlinTriedtoFrameMe
foraCrime(AndHowYouCan
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Update:Allthankyou'sforthelinks
willbelistedandwillbeupdated
withoutaseparateannouncement.
ThankstoPointofLaw,Pat...

http://allergic2bull.blogspot.com/2013/12/exclusivemymotiontodismiss.html

1/7

7/22/2016

AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
GREENBELT DIVISION

BRETT KIMBERLIN,
Plaintiff
v.

Case No. PWG 13-3059

NATIONAL BLOGGERS CLUB, et al.,

HowBrettKimberlinTriedtoFrame
MeforaCrime(AndHowYouCan
Help!)
Update:Afewreaderscomplained
thatthispostistoolongthatitwas
strainingtheircomputers'
performance.SoIcreatedanew
vers...
WhatHappenedTonight
Soanyonefollowingalongontwitter
knowthebasics.IwasSWATted
tonight.Mywifewasdowninthe
basement,andunknowntomeshe
hadf...

Defendants

DEFENDANTWALKERS MOTIONTODISMISS

Defendant Aaron J. Walker, Esq. moves to dismiss the Plaintiffs Complaint and First Amended
Complaint with prejudice. The Plaintiff has asserted claims that the Defendants have violated federal
law under this courts original jurisdiction and claims that the Defendants have violated state law under
this courts supplemental jurisdiction under 28 U.S.C. 1367(a). The federal claims should be dismissed
pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Meanwhile, the state
claims should be dismissed either pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of
subject-matter jurisdiction or pursuant to Federal Rule of Civil Procedure 12(b)(6).
The reasons for this Motion are more fully set out in the accompanying Memorandum of Points
and Authorities in Support.

Soyeah,thatisanotherofthosepatentedAaronWorthingWalkerheadfakes,
leadingyoutothinkthatyouwereabouttoseeallthereasoning,etc.whenitis
reallyjustaproformapleasedismissthecaseforallthereasonsIsetoutina
completelydifferentdocument.Inthiscaseitisamemorandumofpointsand
authorities,whichisprettycommoninthiscontext.
Soyouknowthegoodstuffiscoming.When?Bluntly,startingtomorrow.
ProbablyintheafternoonIfigureKimberlinwillhavebeenservedthesepapersby
then(meaningImaileditthereanditshouldarriveaboutthen).Justtogiveyoua
previewIhavesenthimfourdocumentsandtheyareallprettyhuge,withthe
exceptionoftonights.
First,isthismotiontodismiss,whichisasmallthing.Nothingactuallytoget
excitedabout.AndnotgivinganythingtotheMarylandMidgetearly.JohnHoge
hadhisownversionofit,whichismoresubstantivethanthisbutlesssubstantive
thanmemorandumofpointsofauthorities,here.
Second,willbethememorandumofpointsandauthoritiesinsupportofthat
motiontodismiss.
Third,wehave,DefendantWalkersMotiontoRequirethePlaintifftoFileVerified
PapersinFutureFilings.Fornonlawyertypes,averifiedfilingmeansthatyou
swearitistrue,underpenaltyofperjury.Johnhasaversionofthat,too.
Fourth,wehave,inthestatecase,DefendantWalkersMemoranduminSupportof
DefendantKimberlinUnmaskedsMotiontoQuash.Iwilladmitherethatthat
titleiskindofmisplaced.Torecap,KimberlinfiledasubpoenaagainstGooglein
thestatecaseaimedatunmaskingwhoeverKimberlinUnmaskedis.That
subpoenawasgranted,butIguessitdidntgethimwhathewantedandsohe
soughtmoreinformation.SoIthoughthedidwhathehadtodoandfiledforanew
subpoena,inpartbecausesomeonetoldmeitwasasubpoena.Iwaswrong.He
justfiledamotiontocompelwhichisoutoforder.Inanycasewhile
misunderstandingthepostureofthesituationbecauseIdidntrealizehowbadly
Kimberlinscrewedupthetitleofitiswrong.Butasforthelaw,well...youjudge
foryourself.
http://allergic2bull.blogspot.com/2013/12/exclusivemymotiontodismiss.html

HowBrettKimberlinTriedtoFrame
MeforaCrime(AndHowYouCan
Help!)BrokenDownintoEightEasy
Pieces
Well,atexactly6:54a.m.Ipostedmy
monsterpostdescribinghow
convictedterroristandperjurerBrett
Kimberlinactuallytriedtoframe...
ObamaStumblesBadlyonJudicial
Review(Update:AudioLinkAdded)
(Update:Instalink!)
Update(IV):Instalink!Sweet!(And
thanks.)Update(III):TheFifth
Circuithasreviseditsrequestandit
hasalreadybeencompleted...
TheBloggersDefenseTeamGoeson
theOffensiveAgainstTeam
Kimberlin(Update:Instalink!)
Update:GlennReynoldslinksand
declares"Hechose...poorly."Well,I
havelongarguedthathischoiceof
targetswasinfluenc...
IdentityPoliticsEatsItself:The
WiseLatinaEdition
Update:IforgottohattipHotAir.
SonowIhave.Andnow,a
HotAiralancheandanAcealanche.
Cool,thanks.Update(II):A
DaTechG...
AnImportantVictoryForFreedomof
Expression
First,dearreaders,youshouldexpect
thisposttochangeradicallyor
perhapsIwillstartanewpost.Ijust
wantedtogetthisoffmy...
IRespondtoBrettKimberlins
MotionandSubpoenas(Part4ofa4
PartSeries)(Update:Instalinkand
OtherLinks!Sweet!)
Update:ThanksfortheInstalinkand
thelinkfromTheCryingWolfe,and
allthepeoplewhohavebeen
tweetingaboutit.Update(II):Th...

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AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit
June(6)

Onereasonablequestionis:canyoudothat?Afterall,IdontrepresentKimberlin
Unmaskedincourt.Well,theansweristhatasapartyIamallowedtogivemy
opiniononthelawonanyissue.Icantmovethatthecourtdothisorthat,butI
cansay,IagreewithXonYissue,andhereiswhy.ThewayIsawitwasIwas
goingtocomeinthewaytheACLUmightcomeintoacaselikethis:apersonwith
nodoginthefight,justgivingtheirviewofthings.Wellseewhathappens.

May(9)

Oh,andheisreallygoingtohatewhatIfiled.Youknow,becausehehatesthetruth
andhehatesitwhenapersoneloquentlystatesit.

November(26)

April(5)
March(4)
February(1)
January(1)
December(7)
October(1)
September(1)

IalsoknowthatDanBackerhasfiledamotiontodismissintheRICOcaseaswell.
BeforelongIexpectthattopopupontheweb.AndIexpectmany,manymoreto
befiled,andsoon.Iftheywaiveserviceofprocessandtheyreceivedthecaseatthe
sametimeIhad,thentheywillhaveuntilexactlytomorrowtorespond.But
whethertheywaiveserviceofprocessisanopenquestion.Ichosenotto,butthat
isnttobetakenascriticismofanyotherpartysapproach.
Iwilladdthatmemorandumforthemotiontodismissisbarelybelow50pagesas
requiredbylocalrules(countingthecoverpage),becauseitisjampackedwith
BrettKimberlinsfail.GiventhathehasdoneRICOsuitsbefore,thereisnoexcuse
forthesheercraptitudeofKimberlinspresentation.ThisiswhyIcouldntbelieve
thattheRogerS.writingatBreitbart.comwasareallawyer,becauseanyreal
lawyerwouldrecognizethatitisacompletepieceofcrap,withoutbotheringto
researchthelaw.ButIcouldntsaythatuntilnow,becauseIdidntwanttoexplain
howIknewitwascompletecrap.Youwillseetheanswertothatquestionshortly.
Also,Iwillasusualberedactingpersonalinformationfromit,aswellasany
informationaboutBrettseldestdaughter.Oneofthemoreunfortunatefacetsof
thissituationistheeffectitishavinguponhischildren.Indeed,giventhatshehas
onlyheardherfatherssideofit,sheprobablythinkswearehorriblepeople.She
probablydoesntknowabouthowherfathertriedtoframemeforacrimehowhe
hadmearrestedforbogusreasons(justlikehermother)andobtainedaflagrantly
unconstitutionalpeaceorderagainstmeorhowhepersonallystalkedmywife.She
probablythinksDadisaninnocentguywhowejustpickedonfornogoodreason.

August(10)
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SheprobablyevenbelievesherfatherwhenhesaysthatIcommentedonthearticle
abouthersuccessfulYouTubevideo.LittledoessheknowthatDanCollinsaka
@vermontaigne,haspubliclystatedheistheauthor.
Forme,oneofthegreatunderappreciatedclausesofourConstitutionisinthe
Treasonclause.Itsays:butnoAttainderofTreasonshallworkCorruptionof
Blood,orForfeitureexceptduringtheLifeofthePersonattainted.Thesecondpart
ofthatisfairlyeasytounderstand,butwhataboutthefirst.Whatthehelldothey
meanbythecorruptionoftheblood?

September(33)
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Well,theansweristheyaresayingyoucannotpunishthefamilyofatraitoras
thoughtheyweretraitors,too.Itisatalismanofwhatmakesthiscountrygreat.
Fundamentallywedontcarewhoyourancestorswere.Theycouldhavebeenkings,
theycouldhavebeenbeggars.Theycouldhavebeenheroesandtheycouldhave
beenterrorists.Wedontcare.Becauseyouarejudgedasyou.
Sonotknowingthisgirl,sheenjoysthepresumptionofinnocencethatbelongstoall
strangers.GiventhewayBrettKimberlinliesabouteverything,Ihavenoreasonto
thinkheistellingherthetruthaboutwhatisgoingonandthereforeIhaveno
reasontothinksheapprovesofwhatisactuallyhappeninghere.Ifsheknewthe
truthshewouldknowthatherfatherhasbeenworkingforyearstosuppressthe
truthabouthisillegalandimmoralconduct,andhiscriminalandimmoral
conduct,combinedwithhisattempttosilencehiscritics,hasbroughtallthis
attentiononthisfamily.
Butallegedlyafewpeoplehaveharassedheronline,onherfacebookandthelike.
Thereisalwaysconcern,ofcourse,thatBrettorhisalliesmightbefakingalotof
thatbehavior.Butregardless,ifanypersondrawsanynegativeconclusionabout
herbasedonherfather,theyarenotbeingcharitableenough.Theyareforgetting
http://allergic2bull.blogspot.com/2013/12/exclusivemymotiontodismiss.html

December(50)
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May(1)
ABOUTME

A.W.
Justaregular,sortofcrankymoderately
conservativelawyer,livinginthegreater
Washington,D.C.andruminatingon
law,lifeandthelocalspectatorsport
knownaspolitics.Btw,ifyouwantto

3/7

7/22/2016

AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit

thatevenwhenwearetalkingaboutBenedictArnold,wedonotholdthechild
responsiblefortheconductofthefather.
Anyway,IwishtherewassomewaytobringKimberlintojusticewithouthiselder
daughteroranyofhisfamilybeingdraggedintothis.ButBretthasmadethat
impossible.Still,Icanlimitthedamageasmuchaspossible,hencewhyIwillbe
keepinghernameoffmyblogaswellasheryoungersister..Otherpeoplefeellike
whatBretthasdonemakeshernamenewsworthy,andIwillrespectthatview,butI
willnotfollowtheirapproach.
Finally,Iwontbepresentingalotofcommentaryonanyofmydocumentsbecause
theyprettymuchspeakforthemselves.Imightaddinsomecommentaryonother
peoplesmotions,dependingonifthemoodstrikesmeandifitseemsstrategically
reasonable.AndwhenIamdone,Imightevencontinuetocataloguetheoutright
liesBretthasputintothisdocument...

...althoughcometothinkofit,someofthemwillbe
documentedevensoonerthanthat.

Sokeepwatchingthisspace,orfollowmeonTwitterfor
updates.

Andgoahead,pullupabowlofpopcorn(letthe
MarylandMidgetwhineaboutmesayingthat,again).
BrettKimberlinisgoingtolearnhehasdrawneven
moreofthewrongkindofattentiontohimself.Expect
metostartreleasingdocumentstomorrow.

emailme,writetoedmd5.20.10[at]
gmail.com.Iassumebynowyou
understandthatyouaresupposedtouse
oneofthose@symbolsfor"[at]."
Viewmycompleteprofile
SUBSCRIBETO

Posts

(1)itisnotbeingpresentedforanyimproperpurpose,suchas
toharass,causeunnecessarydelay,orneedlesslyincreasethe
costoflitigation
(2)theclaims,defenses,andotherlegalcontentionsare
warrantedbyexistinglaworbyanonfrivolousargumentfor
extending,modifying,orreversingexistinglaworfor
establishingnewlaw
(3)thefactualcontentionshaveevidentiarysupportor,if
specificallysoidentified,willlikelyhaveevidentiarysupport
afterareasonableopportunityforfurtherinvestigationor
discoveryand
(4)thedenialsoffactualcontentionsarewarrantedonthe
evidenceor,ifspecificallysoidentified,arereasonablybased
onbelieforalackofinformation.
DoyouthinkBretthasobeyedthisrule?Well,wellseeaswegoforward.

MywifeandIhavelostourjobsduetotheharassmentofconvictedterroristBrett
Kimberlin,includinganattempttogetuskilledandtoframemeforacrime
carryingasentenceofuptotenyears.Iknowthatclaimsoundsfantastic,butifyou
readstartinghere,youwillseeabsoluteproofoftheseclaimsusingdocumentary
andvideoevidence.IfyouwouldliketohelpinthefighttoholdMr.Kimberlin
accountable,pleasehitthedonationlinkontheright.Andthankyou.
http://allergic2bull.blogspot.com/2013/12/exclusivemymotiontodismiss.html

Next

Comments

Oh,andkeeponemorethinginmindasyoureadthesedocuments:FederalRuleof
CivilProcedure11.Itsays:
(b)RepresentationstotheCourt.Bypresentingtothecourta
pleading,writtenmotion,orotherpaperwhetherbysigning,filing,
submitting,orlateradvocatingitanattorneyorunrepresentedparty
certifiesthattothebestoftheperson'sknowledge,information,and
belief,formedafteraninquiryreasonableunderthecircumstances:

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7/22/2016

AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit

FollowmeatTwitter@aaronworthing,mostlyforsnarkandsiteupdates.Andyou
canpurchasemybook(orborrowitforfreeifyouhaveAmazonPrime),Archangel:
ANovelofAlternate,RecentHistoryhere.Andyoucanreadalittlemoreaboutmy
novel,here.

Disclaimer:
Ihaveaccusedsomepeople,particularlyBrettKimberlin,ofreprehensible
conduct.Insomecases,theconductisevencriminal.Inallcases,theonly
justiceIwantisthroughtheappropriatelegalprocesssuchasthe
criminaljusticesystem.Idonotwanttoseevigilanteviolenceagainst
anypersonoranythreatofsuchviolence.Thiskindofconductisnotonly
morallywrong,butitiscounterproductive.
IntheparticularcaseofBrettKimberlin,Idonotwantyoutoevencontacthim.Do
notcallhim.Donotwritehimaletter.Donotwritehimanemail.Donottext
messagehim.Donotengageinanykindofdirectedcommunication.Isaythisin
partbecauseunderMarylandlaw,thatcanquicklybecomeharassmentandIdont
wantthattohappentohim.
Andforthatmatter,dontgoonhisproperty.Dontsneakaroundandtryto
photographhim.Franklytrynottoevenbewithinhisfieldofvision.Your
behaviorcouldquicklycrossthelineintoharassmentinthatwaytoo(notto
mentiontrespassandotherconcerns).
Anddonotcontacthisorganizations,either.Andmostofall,leavehisfamily
alone.

Therehavebeentwoshootingtoday
inMunich,oneatMcDonald'sand
onatatrainstation.#UPDATEvia
#iAWACSVideoofMunichshooter
outsideMcDonaldsdr...
44minutesago

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Police:SeveralDeadandWounded
inMunichMallAttackShooteror
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Breaking:MassShootinginMunich
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Newsisbreakinginthelastfew
minutesofamassshootingina
shoppingmallinMunich,
Germany.Earlyreportssayas
manyas10people...
1hourago

Theonlyexceptiontoallthatisthatifyouarereportingonthis,thereisofcourse
nothingwrongwithcontactinghimforthingslikehisofficialresponsetoany
storiesyoumightreport.Andeventhenifhetellsyoutostopcontactinghim,obey
thatrequest.Thatthisisakeyelementinmakingoutaharassmentclaimunder
Marylandlawthatapersonasksyoutostopandyourefuse.

Twitchy
Multiplecasualtiesreportedafter
shootingatMunich,Germany
shoppingcenterUpdatedJust
daysafterpeoplewereattackedon
traininGermany.Thepost
Multiplecasualtiesreportedafter
shootingatMunich,Germany
shoppingcenterUpdate...

Andletmesaysomethingelse.Inmyheartofhearts,Idontbelievethatany
personsupportingmehasdoneanyoftheabove.Butifanyofyouhave,stopit,
andifyouhaventdontstart.

1hourago

PostedbyA.W.at12:23AM
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6comments:
Anonymous December18,2013at7:17AM
Twotypos:shouldbelocalRULES,notrights,andyoungerSISTER,notdaughter.
Reply

DanCollins December18,2013at7:40AM
IcontinuetomaintainthattothebestofmyknowledgeIamnotnow,norhaveIever
been,AaronWalker.

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LibraryGryffon December18,2013at10:12AM

hogewash
AreYouPonderingWhatIm
Pondering?Ithinkso,Brainbut
couldntsomeonewith
schizophreniawritean

CanBKactuallyfileVerifiedPapers,giventhatheisaconvictedperjuror?

http://allergic2bull.blogspot.com/2013/12/exclusivemymotiontodismiss.html

5/7

7/22/2016

AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit
unauthorizedautobiography?

Reply

2hoursago

A.W.

December18,2013at2:06PM

Anon:thanks,fixed!Yes,thankfully,noneofBrett'schildrenhavechildren.
Library: the convicted perjurer rule applies in state, not federal court typically.
There might be some loopholes to that which are not likely to apply unless he
survivesthemotiontodismiss.
Reply

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2hoursago

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AttheRedOrangeCaf...[image:
P1110093]...talkaboutanything
youwant.

Dianna December18,2013at3:24PM
Admirablycrispandclear!
Suchapleasuretoreadbrief,clearitemswhileIlaughedwhilereadingKimberlin's
endlesscomplaintagainsttheuniverse,Ikeptwantinghimtowrapitup.
Reply
Replies
DianeMarie December20,2013at2:15AM
Dianna,Ihearya!SometimesIfeellikeI'manunnameddefendantinBK's
"endlesscomplaintagainsttheuniverse."

3hoursago

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AllergictoBull:EXCLUSIVE:MyMotiontoDismissConvictedTerroristBrettKimberlinsRICOSuit
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7/7

Exhibit C

Aaron Walker,
Plaintiff,

IN THE

CIRCUIT COURT FOR MONTGOMERY COUNTY

MARYLAND

v.
Brett Kimberlin, et al.,
Defendants.

Case No. 398855V

AFFIDAVIT OF WILLIAM JOHN JOSEPH HOGE

I, William John Joseph Hoge, depose and say:
1.

I am over eighteen (18) years of age, am not a party to the above

captioned matter, have personal knowledge of the facts contained herein, and am
competent to be a witness.
2.

On or about 18 May, 2015, Tetyana Kimberlin filed a false Application

for Statement of Charges against me alleging that I had engaged in electronic

harassment of her elder daughter. A true and correct copy of that Application is
attached as Exhibit C-1. The charge is essentially identical to one filed
simultaneously against Aaron J. Walker. Both Applications are based on
allegations made in a petition for an unsuccessful Peace Order Petition filed against
me or made during the District Court and Circuit trials which resulted in denial of
that Petition. Kimberlin v. Hoge, Case No. 0601SP012712015 (Md. D.Ct. Mar. 13,
2015) and Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co. May 14, 2015).
3.

As a result of the perjured statement in Tetyana Kimberlins

Application, a District Court Commissioner charged me with violating Md. Crim. L.

3-805(b)(2). On 24 June, 2015, the Montgomery County States Attorney entered a

nolle prosequi on the charge, stating that there was insufficient evidence to go
forward. State v. Hoge, Case No. 3D00333028 (Md. D.Ct. 2015). Based on her false
Application, I am suing Tetyana Kimberlin for malicious prosecution. Hoge v.
Kimberlin, et al., Case No. 06-C-16-070789 (Md. Cir.Ct. Carroll Co. 2016).
4.

I have read a copy of the Application for Statement of Charges filed by

Tetyana Kimberlin against Aaron J. Walker. She makes the following false
statements in it:
5.

They [Walker and Hoge] investigate every aspect of our family

and business[.] This statement is false with respect to me. I have not
investigated every aspect of the Kimberlin family or their business, either on my
own or in concert with Aaron Walker.
6.

After the hearing [referring to the 14 May, 2015, de novo peace

order trial], [Judge Creighton] stated that Walker engaged in child

abuse[.] Judge Creighton said no such thing. Aaron Walker was not a party to
Kimberlin v. Hoge, and Judge Creighton upheld numerous objections from my
counsel to the Kimberlins attempt to embroil Mr. Walker in the matter.
7.

They [Walker and Hoge] celebrate every day by telling their

readers to get out the popcorn while the [sic] mock, harass, bully and
abuse the Kimberlin family. A significant number of posts on my website
Hogewash! mock Brett Kimberlin. None of those posts mention members of his
family except to the extent that Brett Kimberlin has involved them in his lawfare
2

e.g., Tetyana Kimberlins elder daughter was mentioned when reporting the fact
that he had called her as a witness in the Kimberlin v. Walker, et al. trial. I have
never engaged in any harassment, bullying, or abuse of Brett Kimberlin. I have
never engaged in any mockery, harassment, bullying, or abuse of any other member
of the Kimberlin family. I dont write about Brett Kimberlin everyday. I have only
rarely written about other members of his family.
8.

Tetyana Kimberlin also made the following statement in her

Application for Statement of Charges which is misleading and withholds

information that should have affected the Commissioners decision to bring a
charge: They [Walker and Hoge] have compiled and stored gigabytes of
data in scores of digital and paper folders about our family. While that is
partially true, the contexts of journalism and litigation defense have been left out.
The fact of a (then) three-year-long continuing coverage on my blog Hogewash! of
Brett Kimberlins anti-First-Amendment activities and the fact that I was then
simultaneously defending four lawsuits filed by Brett Kimberlin1 provide
reasonable explanations for the three-going-on-four drawers of files I had on him
during the middle of 2015. Further, the statement is only partially true with
respect to me. I have sought and retained relatively little information with respect
1

Kimberlin lost all four suits. Kimberlin v. Walker, et al., Case No. 380966V (Md.
Cir.Ct. Mont. Co. Aug. 12, 2014), affirmed Nos, 1553, 2009 Sept., 2014 and No. 365
Sept., 2015, Md.Ap. Feb. 2, 2016, cert. denied; Kimberlin v. National Bloggers Club,
et al. (I), Case No. 13-CV-3059 (D.Md. Mar. 17, 2015); Kimberlin v. National
Bloggers Club, et al. (II), Case No. 403868 (Md. Cir.Ct. Mont. Co. Mar. 7, 2016); and
Kimberlin v. Hunton & William LLP, et al., Case No. 15-CV-723 (D.Md. Mar. 29,
2016). None of the last three suits survived motions to dismiss.
3

to either Tetyana Kimberlin or her elder daughter. Such information was related
either to assistance rendered to Mrs. Kimberlin while she was estranged from her
husband,2 Brett Kimberlins involving her or her daughter in his lawsuits, or the
peace order and criminal charges filed in the daughters name. It is reasonable to
assume that knowledge of those facts would have tempered the Commissioners
decision to charge.
10.

I never have engaged with anyone in a conspiracy directed against

Brett Kimberlin or any member of his family. I never have engaged in tortious or
criminal conduct against any member of the Kimberlin family.
I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true and correct to the best of my
knowledge, information, and belief.
Date: 25 July, 2016
William John Joseph Hoge

When Mrs. Kimberlin was unable to afford legal counsel to defend herself from
actions filed by her husband in 2013, I organized an online fund raiser to collect
donations to pay for her lawyer. When Mrs. Kimberlin asked that the fund raising
be terminated, all the funds collected were returned to the donors. I paid her
lawyers fees.
4

Exhibit C-1

Exhibit D

[Mr. Walker has been]

[Brett]

[The writing]

MARYLAND:
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

ORDER GRANTING THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Upon consideration of the Plaintiffs Motion for Summary Judgment Against Tetyana
Kimberlin and Request for a Hearing (Dkt. No. 114), any opposition thereto, it is this _________
day of __________________, 2016, hereby
ORDERED that the Plaintiffs motion to for summary judgment is hereby GRANTED
against Defendant Tetyana Kimberlin; and it is further
ORDERED that Defendant Tetyana Kimberlin shall pay compensatory damages to the
Plaintiff equaling $100,000.00 and punitive damages of $1,000,000.00; and it is further
ORDERED that Defendant Tetyana Kimberlin is prohibited from making any knowingly
false statement in any Application for Statement of Charges or in any other legal document; and
it is further
ORDERED that Defendant Tetyana Kimberlin is prohibited from making any statement
where she withholds material information or gives incomplete information in connection with
any Application for Statement of Charges or in any other legal document; and it is further

ORDERED that Defendant Tetyana Kimberlin is prohibited from accusing Mr. Walker of
any crime without disclosing that he is a journalist and an attorney; and it is further
ORDERED that Defendant Tetyana Kimberlin is prohibited from making any factual
allegation in a legal document without having admissible evidence proving it to be true; and it is
further
ORDERED that Defendant Tetyana Kimberlin is prohibited from making any allegation
in a legal document that Mr. Walker wrote something without producing a true, correct and
unaltered copy of the original; and it is further
ORDERED that Defendant Tetyana Kimberlin is prohibited from claiming in an
Application for Statement of Charges or any other legal document that Mr. Walker assaulted
Brett Kimberlin on January 9, 2012; and it is further
ORDERED that Defendant Tetyana Kimberlin is prohibited from filing any Application
for Statement of Charges without first obtaining preclearance from this Court, certifying that it is
supported by admissible evidence.

Hon. Michael D. Mason

Judge, Circuit Court of Maryland for Montgomery County

24