Application for Statement of Charges02 (OCR)

8/2/2019 Application for Statement of Charges02 (OCR)

http://slidepdf.com/reader/full/application-for-statement-of-charges02-ocr 1/6

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m thi ~ - - - d 'o f - - - - - - : . . . . ~ : . . . . . . . . : : : . . . . : : . : i ' : : : ; i ; _ _ - : : _ = _ _ c : _ - -J gefCommis"ioner _

I have r e a ~ or had read to me and I understand the otice n the back f tm t'Qrm.

APPl CATION FOR STATEMENT OF CHARGES

I the undersigned. appl; far tatement pf

b \'e named Defendant aus on r ut--7"

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(Continued on attached pag ) (D 'CR IA)

I ot mnt afftrnl under the p n Iti of peIjury that the ontents of thi Application are true to the be ofm knowledge

information and belief

DEfENDANT DESCRIPTIO. '; Driver's t1 _

Hair __ Eye CampI, 'OJ] _ ..............._ Other [)I.O.B - - - ' - ' - " " - r - - - [D ~ ~ _

Time: _ ~ _ . _

1un e land that charging document will b i 'ued and that 1 must appear (. r trialO on tw

at ~ ~ : : : - : -----:---_.0 when notified b) the Clef > at theCourt location ho ~ ' at the top of fbi form.- T'rn"'-

o Jhave ad 'i ed applicant of shielding right. 0 ppiioont decline hieldillg.

o I lin d to j' ue a charging document becaus of la k ofprobable a c.

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TlUCK./},'G. UMR€R

D }Clt 1 (Re:v, 1 006) PrintDatt t5f2009t



The immediate caus for complaint is perjury in numerous settings., false statements in a petition

for a peace order, an d faIse tatements in an Application fi r Statemento f Charges bu t I want to

shm ou the largercontext in this situation.

r. Aaron Walker am an attorney in go d tanding in Virginia and ashington, D.C.

Brett Kimberlin is a co m 'cted terrorist known as the Speedwa Bomber. He set off eight bombs

in six cia s in th e town o f peedway, Indiana, in the late e euties. He has also been convicted

o f perjury an d offense related to his forgery of documents in order to obtain the e 'plosive he

used for his reign o f terror.

On Decemb r 29 20] 1 I filed a motion in th e case of Kimberlin " Hen (C a e umber

339254 . In that motion I argued that BrettKimberlin lied to the court on 0 ember 14 2011

and I recommended that he be considered for potential peIjury charge . Later I per onaIl.. filed

an pplicatioD for Statement of Charges before fhe Commissioner b ut a t that point in time, I \ 'as

merely suggesting that the court refer Mr. Kimberlin's conduct to the appropriate authorities. I

published a copy of that document on the ..veb at a site I run. This action enragedMr. Kimberlin.

On January 3, _012 Kimberlin sent my then-attome a Settlement Offer trying to get me to

vvithdraw that pleading and take do rn. the post including that accusation that he committed

peIjury in ovember. Even though I had ne er contacted Mr. Kimberlin an d indeed had never

met t h e man at that point in time, Mr. Kimberlin threatened to file criminal charges and a peace

order against me. He bad no just cau e to make that threat and [ consider this evidence that be

was al rea contemplating fal e charge against me at that time. A true and correct cop oftbat

ettJement Offer is attached as Exhibit .

(please note that ' Aaron orthing' is an internet pseudorr m I ha e used and at that time

Kimberlin claimed he didn't knowmy real name later be admitted to lying on this point)

On January 9 201 •1 wa lea 'ng court at the same time asMr. Kimberlin when Mr. Kimberlin

rai ed his iPad as though to u e it. Knowing thatMr. Kimberlin ha d deep malice toward me and

knowing his criminal h i s t o : r y ~ I was afraid be was about to do harm to me so I took the device

from him. Because o f the malice he ha d toward me and his criminal record, I believe I had a

reasonable fear of bodily harm in that situation,justifying the in ocation o f elf-defense. E en

so, I only used the minimum force necessary to protect myselffrom thi perceived danger.

pecificall ,r snatched iPad fTOm him (be otfered no resistance) an d kept it from him, without

e e r o nc e making contact with his body. I did not strike his body \\-';th my own. I did not push

him. I did no t wrestle with him. I did not strike him with the iPad as he later alleges.

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That was the judgment I made about his conduct when I had no time to think, when I bad to

make a snap decision. As I waited. holding the iPad av y from him 1bad time to think and to

replay the e, eot in m mind. As I thought about it I realized !bat more than likely Mr. Kimberlin

onI attempted to take my picture. I concluded that it was unlike} that the device was a bomb

because I believe Mr. imberlin i too much of a narcissist to erik his own life. Therefore

, hen the sheriff's deput ies arrived at the scene I s ta ted m beliefthatMr. Kimberlin had taken a

pictur of me. Mr. imberlin denied that this occurred. Ta ked tb officers to inspect the iPad

for photographs. Tdid not ee them do this, but they repre ented that the did, and I trust their

\ ord. r asked to inspect it myself, but th refused this requ

Later Mr. Kimberlin admitted thal he did take a photograph ofme and introduced it into

e idenee in two h anogs related to th peace order he filed. Therefore, I belje e Mr. Kimberlin

lied to the sheriff's deputies within minutes of the incident.

tr . Kimberlin has subsequently laimed that I es eoliaU beat him up. Man of these

statements can be proven absolutely fal e b video evidence obtained from the Sheriffs Office

or other obj tive evid nc . By that, r mean tbat yOll do not ha e to b lieve m word that he was

lying; you can belie e either the ideo evidence or the testimoo ofdisinterested third parties.

On Januarv 9,2012 at 12:31 p.m. Mr. Kimberlin filed an Application for Statement of Charges

" lith the Commissioner ' office. Bear in mind that Mr. Kimberlin later laimed to lose sight in

one eye, and that he needed to be in the ER that e ening, and yet his first action, rather than

getting treatment was to file charges.

Kimberlin stated in the Application that (in relevant part :

{Aaron Walker] attacked me ph 'sically while exiting the courtroom. He hit me

on the shoulder and chest and pushed me, and grabbed my iPad away from me

and refused to return it Mr. Walker has been [page break] harassing me and

stalking me online for months, and as we were exiting said he was going to

continue harassing me, and as e left the courtro m he grabbed m ' iPad, hit me

in the face, shoulder and chest and wrestled the iPad awa from me. Several

people witness [sic] this event and the police were immediately called. The got

my iPad back and safely e. eorted me from the building. Mr. Walker tried to

come at me se eral more times but :as re trained.

A copy of that Application i- attached as Exhibit B. The video e "deuce establishes that this is

false. First, when viewing the video, aoy person can see that I did oot ''tr[y] to come at

[Kimberlin] several more times nor did any third person restrain me. Further it is implausible to

claim that I struckhim three time ,pushed him and 'wre !Jed ith him. As you rna or rna

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not knO\ there is a camera constantly pointing in that direction providing a constant feed, but

th digital recordings are no t constant. Instead the oih are extra 15 a " nap bot' from the

camera at intervals of rougWy 1.75 seconds, most likely to sa e space on the hard drive. To

believe that I struck him three times ("in the face, shoulder and chest" • 'ouwould have to

believe that I timed each a tion preci el ' ben een "'snapshots so that ou not onl. don t see the

blo but 'ou on t ee an r mo ement from me indicating that I about to strike, or had just

struck, and ou don't any reaction from Brett KImberlin in terms of being knocked b th

blo\ or reeo ering from it. The same can be said of his allegations that I wrestled with him or

pushed him; one \ ould ha e to bel ieve thatboth m a tions and Mr. Kimberlin's actionswer

timed perfect! 0 that the c omplete motion \ mis db. th "snap ho .

He also applied for a peace order on the am da ' (January 9). In that petition for a peace order,

he stated that

Mr. Walker assaultedme while leaving the courtroom. H hit m in the face,

chest, & shoulder and tookmy iPad. and threatened to hams me mOTe.

A copy of that petition is attached as Exhibit C. We can see the same claim that I hit him in the

face chest and houlder and it i equall , provably false here. After this he went for an ex parte

hearing to obtain a tempoI"afj restraining order- After being sworn i n he stated under oath that

everything in the petition as true thus adding perjury to the charge offiling a false petition for

a peace order. He also stated under oath that he was havinp trouble seein out of his right eye.

Using that petition and his perjured testimony reaffirming the truthfulness of that petition. he

obtained a temporary peace order against me. sing his false statements in hi application for

charges-as well as anything he might have said or presented to the tate Attorne in person

he convinced the tare's Attome of fice to file charges against me and to sustain them for n 0

months.

On February 8 201 •a final peace order bearing ras held (after a continuance). In sworntestimony Mr. Kimberlin stated that "He [Walker] deckedme in the e 'e and wrestled with me."

gain the video evidence flatl_ contradicts this claim. Mr. Kimberlin was plainl never

'deeked"-tbat is knocked down by a punch, usually to the face. And at no time did an

"wrestling" OCCUI.

He al 0 stated that a one point that

A man that followed us out of the courtroom raced back into the courtroom and

told two peopl that ere working for Judge Rupp that he \l 'as attackingme and

attacking me. The came out and told him to get off ofme and they called the

pol'ceo i e police came up to the -- or, sheriffs came up there and separated h.U .He had m_ iPad in bis hand at the time and refused to gi 'e it back.

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The claim that anyone--courtroom staff or not-told me to get of fof him i false and I am

confident that intervie\ rs , rith \ itnesses will veritY thi .

Later in the same hearing, he misrepresented his criminal re rd pecifi ally he said: "1 was

charged with a crime 33 years ago. I was released from prison. I ve done my time.' In fact,

Kimberlin '-'v'aS charged-and onvicted--of at least 35 eparate crimes that1knO\ of,o er thecourse of fi e different trials. A claim that he was charged with a single "crime' is simply false.

And this asn t an isolated in ident. He has repeated! referred to his criminal past as though it

\ as onl one case, one charge. For instance he state at one point in the same hearing that that

"b [ alker] takes '-"'hat I ba done and he throws thi criminal charge ofmine over and over

and 0 er in my face.' He has made the similar statements-fals ly stating that he bas only been

convicted of one crime-throughout the case ofKimberlin . Allen although tbe were not

made under oath. But I mention this to show that this was not a slip of the tongue but a

deliberate pattern of deception.

At the same hearing, he produced photographs purporting to sho his mjmi and even medicalrecords claiming serious trauma to bis eye and a cracked rib. These. ~ i e r e necessanly fakes and

proof that Mr. Kimberlin was a tivel fabricating e idence in an effort to frame me.

Finally, there was another pea e order hearing on Aprilll , _0]2 in the CiI uit Court. a de no 0

appeal. I do not have a cop of the transcript yet, but I can state from memo that he repeated

his lie, under oath, that r struck him repeatedl and that I essentiall beat him up. Remarkably he

stated under oath that he belie ed that the ideo was consistent with these statements.

He also admitted again on Apri I 11 that he took a photograph ofme in the courthouse and he

offered no alid defense to this action.

As I aid, the ideo demonstrates that Kimberlin has repeatedly lied about the incident. I have acopy of it, and I will gladly make a copy of it for you. What it shows is consistent with only my

account. While it doesn't capture every movement and e ery moment, several things are

absoluteLy clear from it:

1. I did not knock him d \ 'tl. ot on e. So hi statement on February 8 2012 that I

'decked" him is dearly false.

2. His statement in his application for charges that ''Mr. Walker tried to come at me several

more times but \vas restrained' is false. 0 third party ever physically restrained me.

3.Hi

claims that I repeatedly struck him, pushed him, wrestled Viith him, etc. areimplausible. One ould ha e to belie e that each blo was struck in perfect timing with

the recording equipment and that Mr. Kimberlin recovered each time before the next

'picture' because there was no sign of either mo ement-m. alleged striking him, or bis

reaction to beino struck. The same can be said for his allegations of pushing and

\i\<Tesding. The only time when it was at all possibl according to th.i objecti e evid nee

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forMr. imberlin to ha e been tru k as when I first took the iPad from him. Ofcourse

I didn'f strike . Kimberlin, bu t speaking obje ti ely that i the 00.1 moment \ here a

third party \ auld believe itwa e en possible that I might ha e struck him in the video

feed.

In addition to that, i1 \ 'ould not be difficult to locate th e persons;vb 'ere there t hat d ay and ask

ifan o f them told m to get off of me (Kimberlin] as he alleged on Febmary 8 in perjured

testimon .

In summary I beli e thatMr. Kimberlin:

1. Made false statements to law enforcement officers in violation o f "MD. am. AL LAW

CODE § 9-501 b. claiming he did not take a photograph o f me he n in fact he did. ' . :

2. Filed a false petition for a peace order in violation o fMD. COURT AN. JUDICIALPROCEED meaDE 3-1503.1. 1.>\'::1\(1<": C O : ' ~ I , \ , . . ... C o ? : , , , , , , . ; . . ~

3. Made fal e statement on his application for charges in violation o f ID. CRIMINAL L WCODE 9- -0.). J > . ~ \ ( · \ - l ~ " , " , r" \... ' . \ ' .

4. PeYjured himself on January 9, ...012, by falsely stating under oath that the contents ofbi

petition for a peace order \"a true in ioLation of MD. CRIMlNALLA\\ CODE 9-101. It , ~ ....., , , , ,

5. Perjured himselfon February 8 2012 b numerous false tatements outlined above. u < . . ~ . \

6. Perjured himselfon April 11 2012 by claimin essential l. that I beat him up, under oath."5Q - ' . . , ~ \ \ . t , . q

But there is a reason to charge him that is more compelling than that outline. Mr. Kimberlin setout to frame me for a crime I did not commit Till convicted document forger produced falsephotographs and false medical records to lend his claims verisimilitude. In doing so, he hastricked the State Attorney Office into being an instrument of oppression over me. Since these

charge were fiJed against me, 1have lost II I jo b an d ha e been unable to obtain ne

employment At a time when my finances took a serious hit, I was also required to hire COUD el

to defend against these charges an d it cost me about 7,000. Yes in theory I might be able toreee er fromMr. Kimberlin, except thatMr. Kimberlin has a long history o f evading judgments

against him.

As a friend o f mine said, BrettKimberlin is about to figure ou t that doing this is either a reall

good idea, or a really ba d one. l f b e is not prosecuted for tbis blatant and evil attempt to frame

me, then you will be telling him that th e la", against perjury-and ot h r false tatements-are

meaningless. And ou v. 'U be telling him that all he has to do is fa! ely claim another person has

committed a crime against him, and the State's Attorney will put that person through bell. The

tate's Arrome hould be offended thatMr. Kimberlin has manipulated this office in thifashion and it should be eager to see fr. Kimberlin suffer cons quences for his conduct.

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Documents

Application for Statement of Charges02 (OCR)