kimberlin v. walker hearing 7.5.12 (ocr)

7/31/2019 Kimberlin v. Walker Hearing 7.5.12 (OCR)

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DEPOSITION SERVICES, INC.

12321 Middlebrook Road, Suite 210

Germantown, MD 20874(301) 881-3344

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND

------------------------------x

:

BRETT KIMBERLIN, :

:

Plaintiff, :

:

v. : Civil No. 8526D

:

AARON JUSTIN WALKER, :

:

Defendant. :

:

------------------------------x

TRIAL

Rockville, Maryland July 5, 201


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DEPOSITION SERVICES, INC.

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND

------------------------------x

:

BRETT KIMBERLIN, :

:

Plaintiff, :

:

v. : Civil No. 8526D

:

AARON JUSTIN WALKER, :

:

Defendant. :

:

------------------------------x

Rockville, Maryland

July 5, 2012

WHEREUPON, the proceedings in the above-entitled

matter commenced

BEFORE: THE HONORABLE NELSON W. RUPP, JR., JUDGE

APPEARANCES:

FOR THE PLAINTIFF:

BRETT KIMBERLIN, Pro se

FOR THE DEFENDANT:

REGINALD W. BOURS, III, Esq.

401 E. Jefferson Street, Suite 103Rockville, Maryland 20850


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I N D E X

Page

WITNESSES DIRECT CROSS REDIRECT RECROSS

For the Plaintiff:

Brett Kimberlin 6 21 25 --

For the Defendant:

Aaron Justin Walker 30 -- -- --

EXHIBITS MARKED RECEIVED

For the Plaintiff:

Exhibit No. 3 -- 32

Exhibit No. 4 -- 32

For the Defendant:

(None)

Closing Arguments:

Reginal W. Bours, III, Esq. 36

For the Defendant

Brett Kimberlin, Pro Se 39

For the Plaintiff

Judges Ruling 41


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P R O C E E D I N G S1

MALE CLERK: All rise.2

THE COURT: Good morning, lets call the case.3

FEMALE CLERK: District Court Appeal 8526, Brett4

Kimberlin versus Aaron Walker.5

THE COURT: All right. Can you identify yourselves6

for the record?7

MR. KIMBERLIN: Brett Kimberlin.8

THE COURT: All right.9

MR. WALKER: Your Honor, I am Aaron Walker.10

MR. BOURS: And for Mr. Walker, Reginald W. Bours,11

III.12

THE COURT: Very well. You can be seated.13

MR. BOURS: Your Honor, preliminarily, Id ask that14

the Court, Im going to ask for a rule on witnesses.15

THE COURT: All right. All witnesses that will be16

testifying need to remain outside the courtroom until called to17

testify.18

MR. BOURS: The second request is, I have reason to19

believe that in the past, courtroom proceedings like these have20

been broadcast by cell phone. Id ask that the Court require21

all persons in the courtroom to turn their cell phones off, not22

just to mute.23

THE COURT: Very well. All cell phones are to remai24

off during these Court proceedings and any other electronic25


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communication devices, as well. And we have a sheriff in the1

courtroom whos, will enforce that order.2

All right. This is here on a District Court appeal3

from a peace order that was entered by Judge Vaughey. And Mr.4

Kimberlin, this is your request for a peace order. Its a de5

novo trial on appeal. Are you ready to proceed?6

MR. KIMBERLIN: Yes, sir.7

THE COURT: Very well. Do you wish to testify?8

MR. KIMBERLIN: I, I, well, do you want me to --9

THE COURT: Its a yes or no?10

MR. KIMBERLIN: Yes.11

THE COURT: All right. Then get on the witness12

stand.13

MR. KIMBERLIN: I have a lot of documents here.14

THE COURT: Well --15

MR. KIMBERLIN: Can I testify --16

THE COURT: -- its time to try, do you want to17

testify from there?18

MR. KIMBERLIN: Sure.19

THE COURT: All right. Raise your right hand.20

BRETT KIMBERLIN,21

the plaintiff, having been first duly sworn, was examined and22

testified as follows:23

THE COURT: All right. You may be -- Mr. Walker,24

what are you doing, Mr. Walker? I said all electronic25


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assaulted me. Numerous police came up to the Court, outside1

the courthouse, a couple of your staff came outside. Mr.2

Walker had assaulted me and taken my iPad from me.3

After that, I went and filed a peace order against4

Mr. Walker and I also filed criminal assault charges against5

him.6

After that, I went to a medical clinic because I had7

injuries. The medical clinic sent me to Suburban Hospital. I8

spent several hours in Suburban Hospital, was treated for a9

contusion to the eye and --10

MR. BOURS: Your Honor, I object. Im not sure that11

hes competent to testify to those matters, but they are way12

outside the 30 day limit for things --13

THE COURT: I understand, but if it puts it into14

context as far as what hes claiming happened 30 days prior15

to --16

MR. BOURS: He already --17

THE COURT: -- May 19.18

MR. BOURS: -- filed it on May 19th.19

THE COURT: Right.20

THE WITNESS: Right.21

THE COURT: I understand.22

THE WITNESS: So --23

BY THE COURT:24

Q This is back on January 9.25


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A Exactly. And --1

Q So lets get --2

A -- so --3

Q Lets get more current.4

A The States Attorney chose to nolle pros the case,5

the criminal case that I filed. Mr. Walker, in turn, filed tw6

criminal cases against me for perjury, saying that the assault7

never occurred and the States Attorney, again, nolle prosed8

both of those cases.9

Q All right.10

A The States Attorney sent Mr. Walker a letter, which11

I have a copy of and Id like to present it to the Court.12

Q Im not interested in that.13

A Oh.14

Q I want to know what happened within the 30 days15

before May 19, that has caused you to file this peace order. 16

get the picture, you and Mr. Walker dont get along.17

A Well, once the States Attorney decided not to18

prosecute his case against me for perjury, he decided, he chose19

to start a, an online campaign against me, he said to pressure20

the States Attorney to prosecute me and send me to prison.21

So he began writing all types of blog posts about me22

and --23

MR. BOURS: Object, unless theres a foundation for24

that claim.25


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BY THE COURT:2

Q You need to produce evidence that reflects that, Mr.3

Kimberlin.4

A Mr. Walker began tweeting on Twitter about this case5

MR. BOURS: The same objection.6

THE WITNESS: Okay. I, I can introduce into7

evidence, hundreds of tweets by Mr. Walker, maybe thousands of8

tweets by Mr. Walker, saying that he was, he was starting9

this --10

MR. BOURS: Object.11

THE WITNESS: -- starting this campaign because I12

framed him for an assault he said that never occurred.13

Brett Kimberlin tried to frame me for a crime --14


BY THE COURT:16

Q Mr. Kimberlin, Im really not interested in all of17

that. What Im interested in is, what evidence is there? As 18

understand it, you are claiming stalking and/or harassment --19

A Right.20

Q -- and Im interested in that --21

A All right. Well --22

Q -- and thats it. Im not interested in what the tw23

of you are saying about each other.24

A I know. Under Galloway, harassment has to do with 25


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-1

Q Ill decide what constitutes harassment.2

A Okay. Im just saying, unwanted conduct. Ive, Iv3

asked him to leave me alone. I just want to go on my way and4

all that. He has chosen to say that I framed him for a crime5

and he has gone online and incited hundreds of other6

conservative bloggers to attack me over the last 45 days.7

Theres been over 31,000 tweets that have been sent out --8

MR. BOURS: Object.9

THE WITNESS: -- about me.10

BY THE COURT:11

Q You need to -- these are, this is all hearsay, Mr. -12

A Yeah, okay.13

Q -- Kimberlin. Im going to sustain the objection.14

A And these, this incitement by Mr. Walker has resulte15

in dozens, scores of death threats against me.16

Q Well, --17

A Death threats.18

Q -- do you have any evidence --19

A Yes, I do.20

Q -- of any of that?21

A I have lots of evidence. Can I approach?22

Q You can give it to the Sheriff.23

A Okay.24

Q First, show it to opposing counsel.25


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MR. BOURS: Im going to object, because none of1

these are --2

THE COURT: Petitioners 1 in the whole -- go ahead.3

MR. BOURS: Its all hearsay. None of it is4

specifically connected to my client, Mr. Walker. It appears5

under various names and theres just no connection shown by the6

documents themselves. They are not self authenticated by any7

stretch of the imagination.8

THE WITNESS: Your Honor, they are --9

BY THE COURT:10

Q What is there about these documents that leads you t11

believe --12

A Well, theres --13

Q -- Mr. Walker --14

A -- theres --15

Q -- is the source of these documents?16

A Some of those documents say, dont show up in Court17

on Tuesday or youre going to die. That was for the previous18

peace hearing. One or two of them say, I, I, Im writing on19

behalf of Aaron Walker, you know, youre, youre, youre going20

to die, things like that, that -- another one says the Army of21

Davids, which is some kind of Christian group, is, is, is22

poised to attack you. And, and weve been, were just waiting23

for the order, and, and things like that.24

So theres very specific information there. Also,25


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Ive had, I got a lot of threats by, by phone. I actually had1

to file criminal charges against a man named Martin Mayer2

(phonetic sp.) in Florida. He said in his, in one of his3

calls --4

MR. BOURS: Object.5

THE COURT: Sustained.6

THE WITNESS: Ive had to call 9-1-1 three times, me7

and my wife. The police have been out. I filed another peace8

order against another man who came out and was taking pictures9

in front of my house. This was all --10

BY THE COURT:11

Q I dont see any reference in here to Mr. Walker.12

A Well, I can show, I can point it out, if you would13

like me to.14

Q Well, his name isnt mentioned here, in any of these15

A In, in, in some of the e-mails, it, it is.16

Q Well, I just read all of them.17

A Mr. Walker started the campaign against me. Its,18

its cyber-stalking. He, he, he incited others to, to target19

me. And even after Judge Vaughey ruled on the peace order,20

people started posting Judge Vaugheys address and phone numbe21

on the internet and, to intimidate him.22

This is a, a, a sustained campaign to intimidate me23

and, and threaten me, and to destroy the funding for my non-24

profits. I run a non-profit called Justice Through Music. An25


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Mr. Walker has made it very apparent that he wants people to1

quit funding my non-profits because I framed him for a crime.2

He says that I forged records from Suburban Hospital3

I have those records here and they are certainly not forged.4

He says that I photoshopped photos of me with a black eye, and5

I certainly did not photoshop for any pictures. And he, hes6

saying this to people to, to incite them against me. And this7

is a classic case of cyber-stalking, where he puts out false8

information to other people to incite them to, to target me.9

Hes directly responsible for this.10

He, hes worked, he works through proxies. He, he11

got a group called the National Bloggers Club to join on,12

Everybody Blog on Brett Kimberlin Day.13

MR. BOURS: Object again, no --14


MR. BOURS: -- lack of foundation.16

THE COURT: And Ive looked again at the documents17

youve handed up --18

THE WITNESS: May I, may I --19

THE COURT: -- Petitioners Exhibit No. 1, and I20

dont see anything in here that would reflect that this was21

sent by Mr. Walker. So Ill sustain the objection to22

Petitioners Exhibit 1, this stack of documents.23

BY THE COURT:24

Q All right. What else do you want to tell me?25


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A Well, like I said, Mr. Walker has written, himself,1

how Brett Kimberlin tried to frame me for a crime. He wrote2

this entire, you know, 30 page post about how I forged3

documents from Suburban --4

Q And that constitutes harassment because?5

A Because he, he, its, its defamatory. Its a lie,6

first of all. And --7

Q That doesnt constitute harassment.8

A It, because its a lie, hes putting, hes putting9

out a false frame against me. Its like saying that Im the10

head of the KKK or something and trying to get people to come11

after me. You know, he, this is what hes doing. Hes, hes12

creating a false narrative and that, in order to get people to13

attack me.14

Now, Ive been threatened. Ive had --15

Q So you have the writings there that you want me to16

consider that support your petition?17

A Well, I, I have thousands of tweets by Mr. Walker18

right here, and then I have blog posts --19

Q And this relates to things within the, between April20

19 and May 19th?21

A Yeah, all these are, May 27th and whatever, but22

theyre, theyre all between --23

Q You want me to consider those?24

A Theyre all between that time period.25


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Q So you want me to consider those. So you need to1

show them first to Mr. Bours, then Ill take a look at them.2

MR. BOURS: Just as a suggestion, the set of papers3

that says, How Brett Kimberlin Tried To Frame Me For A Crime,4

and how you can help, Im not going to object to that, except5

that it contains no material violation of the Maryland statute6

MR. WALKER: Are you sure its accurate.7


MR. BOURS: The others, I dont think are9

authenticated.10

THE COURT: Petitioners 2?11

MR. BOURS: I dont object to the Court looking at12

it, but I dont think it contains any violation of the statute13


MR. BOURS: But the others, I do object to.15

THE COURT: All right. You need to hand those up.16

THE WITNESS: And this one also.17

MR. WALKER: No, thats not complete, though.18

(Discussion off the record.)19

THE COURT: Your objection to these, Mr. -- what is20

this?21

THE WITNESS: Those are tweets.22

THE COURT: Plaintiffs Exhibit 3.23

MR. BOURS: I dont think theres any authentication24

of those, but Im, as having originated from Mr. Walker.25


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THE WITNESS: Mr. Walker uses the name, Aaron2

Worthing (phonetic sp.) on his Twitter account. I think he3

would admit to that.4

MR. BOURS: Well, I think the way to prove that5

somebody has an account and is using it, is to bring in6

representatives of Twitter, or AOL, or Google, or whoever, not7

to just baldly assert, as Mr. Kimberlin does all the time, that8

this is something he did.9

THE COURT: All right. Ill --10

THE WITNESS: Id be happy to call --11

THE COURT: -- sustain the objection.12

THE WITNESS: Id be happy to call Mr., Mr. Worthing13

as a witness, Mr. Walker, Worthing as a witness.14

Also, Mr. Walker tends to, every time he posts about15

me, which is scores of times, he, he includes a reference that16

Im a terrorist, and you can see some of those just even17

yesterday, Brett Kimberlin, terrorist. He calls me, over and18

over, a terrorist. He does this in order to get it on Google19

so that when people Google my name, they will see Brett20

Kimberlin, terrorist.21

This is a, a part of his harassment campaign where he22

wants to destroy my funding base, foundations and, and donors23

who donate to my non-profits, will go on Google and theyll see24

this type of, of cyber-stalking to, to harm my ability to make25


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a living. And this, this causes me a great deal of, of anxiet1

and mental assault. Im obviously annoyed by it.2

Ive asked him and his attorney numerous times to, t3

leave me alone, thats all Ive ever asked. I dont blog abou4

him. I dont comment about him. I dont tweet about him at5

all. I dont respond to him online about these things. And I6

have just asked him to leave me alone.7

I have a right to be a husband. I have a right to b8

a father. I have two wonderful daughters. I have a right to9

run a non-profit without being attacked constantly.10

I mean, were talking about 30,000 tweets in the last11

45 days. Were talking about 350 blog posts attacking me in12

the last 30 or 40 days, you know. And Ive asked him to leave13

me alone, thats all. Thats what the harassment statute is14

all about. You know, ask somebody to leave you alone, if they15

dont, then you go get a peace order against them.16

You know, Im not asking for anything, you know, big17

you know. I mean, if he wants to blog, thats fine. Why do18

you have to blog 2,000 times about me, or 10,000 times, or cal19

me a terrorist 50 or 100 times, you know? If you want to writ20

a story about me, fine, write a story, but dont write 20021

stories repeating the same thing. You know, thats what,22

thats why its harassment, Judge. And --23

THE COURT: Mr. Bours, Plaintiffs, Petitioners 4 i24

this -- youre objecting to this based on?25


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MR. BOURS: Lack of authentication, I believe.1


MR. BOURS: I cant see it very well from here.3

MR. WALKER: Its tweets.4

MR. BOURS: Thats tweets, I think. There is no5

authentication that Mr. Walker is responsible for those.6


THE WITNESS: And, and the other thing is, the8

States Attorneys Office has told him, Im not going to9

prosecute Mr. Kimberlin for perjury on the assault. So it, an10

he has made this campaign to harass me until the States11

Attorney prosecutes me for, for perjury or whatever, for the12

assault.13

In other words, his harassment is never going to stop14

because the States Attorney is not going to prosecute me.15

Ive talked to that office numerous times.16


MR. KIMBERLIN: Theyve written Mr. Walker --18

THE COURT: All right. Sustained.19

MR. KIMBERLIN: -- a letter to that effect.20

THE COURT: What, youre objecting to Plaintiffs,21

Petitioners 5?22

MR. BOURS: I think its incomplete, but I think it23

is authentic.24



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MR. BOURS: I mean, I think it did originate from Mr1

Walker. Im not going to object on any other --2


MR. BOURS: -- formal basis. But its irrelevant4

though, to the statutes that are before you.5

THE COURT: All right. Ill sustain the objection t6

Petitioners 1, 3, and 4, 2 and 5 will be considered.7

BY THE COURT:8

Q Anything else, Mr. Kimberlin?9

A Well, like I said, once the States Attorneys Offic10

says hes not going to prosecute me, thats the end of it. Mr11

Walker doesnt want to accept the determination of the States12

Attorneys Office.13

Judge Johnson found that he assaulted me. Mr. Walke14

doesnt want to --15

MR. BOURS: I object.16

THE WITNESS: -- accept that.17


THE WITNESS: I have the transcript. If you want to19

see the transcript, Ill show it to you.20

BY THE COURT:21

Q No.22

A Okay. But he doesnt want to accept this. He wants23

to harass me online and destroy my funding base, and gin up24

crazies to come to my house and, and take pictures of me and my25


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kids, and, and chase me down the street, and threaten me, and1

call me and my mother.2

My, my elderly mother has received scores of death3

threats because of Mr. Walkers false frame. Its a false4

narrative. He did assault me. He assaulted me right outside5

the courtroom. All I did was what I should have done and that6

is, go and get a peace order against him and, and get a, a,7

file charges against him. Thats it. I did what I was8

supposed to do as a citizen of this country.9

And what have I gotten in return? Ive gotten10

attacked and, and, and brutalized and death threats, I mean,11

every day. Ive had to put security systems in my house. Iv12

had the police out to my house numerous times. You know, if13

thats not harassment, then, then nothing qualifies for14

harassment.15

Hes saying, oh, I should turn off my Google alerts,16

I should turn off my, my, my computer if I dont want to get17

this information. Thats like saying if somebody is getting18

threatening calls, you turn off your phone, or if you get19

threatening letters in the mail, that you shut down your mail20

service. Thats not, you cant do that in this day and age.21

I run non-profits. I use the internet every day. I22

cannot turn these things off. He can turn them off, I cant,23

and thats the point. I want him to turn it off.24



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MR. BOURS: If the petitioner is finished, may I ask1

a couple of questions?2

THE COURT: Sure.3

CROSS-EXAMINATION4

BY MR. BOURS:5

Q Mr. Kimberlin, other than courtrooms, have you ever6

seen Mr. Walker near your home or anywhere near you?7

A Not Mr. Walker.8

Q Okay. Has he ever followed you around in any public9

place?10

A Hes followed me on the internet a lot.11

Q No. As in walking behind you, or near you, or12

anywhere in a public place?13

A Not that I know of, except right here.14

Q You agree, he lives in Virginia, correct?15

A He, he did right here in the courtroom, right outsid16

the courthouse when he assaulted me.17

Q All right. That was January 9th. Since May, since18

April 19, have you seen him, personally? Has he been near you19

at any time other than in a courtroom, defending one or more o20

your proceedings?21

A Not him, directly.22

Q Okay. And you agree that he puts information about23

you on the internet, is that correct?24

A I, I dont agree with that. I mean, lies are not --25


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Q He puts information --1

A -- lies are not --2

Q -- out.3

A -- lies are not information.4

Q Okay. Have you filed a defamation action against him5

or any other civil action --6

A I want to be --7

Q -- to protect your legal rights?8

A I want to be left alone. I dont want to start more9

litigation.10

Q So you go to a District Court Commissioner at11

midnight on a Saturday night to protect your rights by filing a12

peace order, correct? Thats your method of protecting your13

rights?14

A Exactly. Thats, thats, thats, thats allowed by15

statute, right here in Maryland.16

Q And similarly, you filed criminal charges late at17

night in front of a Commissioner. Is that correct?18

A Because Mr., Mr. Walker was violating the, the19

initial, the initial peace order. Yes.20

Q Yes. And those charges have also been nolle21

prosequied by the States Attorneys Office, correct?22

A Yes.23

Q In fact, you filed those charges before Mr. Walker24

was even served with a copy of your temporary order?25


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A I, I dont recall that.1

Q In the blog that youve offered to the Court today,2

can you cite any specific portion of that blog where Mr. Walke3

said he was going to assault you or harm you in any way,4

personally? Personally?5

A Hes --6

Q Is there any particular page --7

A Over and over, hes said he was going to make me pay8

make me pay, and he went --9

Q For filing charges against you and other things,10

which turned out not to be true, right?11

A He said he was going to make me pay and he said he12

went out and bought two guns, or had two guns.13

Q And the context on that was, was that he was afraid14

of you and he was going to protect himself if you came to his15

home, correct?16

A I have never been to his home. I would never go to17

his home.18

Q Are you familiar with the term, SWAT-ing?19

A Yes.20

Q And have you caused Mr. Walker to be SWAT-ed by the21

Fairfax County or Prince William County Police?22

A That is a despicable claim, and, and --23

Q Yes or no?24

A -- and I resent it.25


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Q Yes or no?1

A I resent it. He knows I didnt and you know I2

didnt, and youre trying to, again, harass me. You are3

harassing me just like --4

Q Im asking if you are responsible --5

A No, you are harassing me.6

Q -- for someone calling --7

A This man, this ma, --8

Q -- the police --9

A -- this man --10

Q Excuse me, sir. I am asking you, yes or no, are you11

responsible --12

A No.13

Q -- directly or indirectly?14

A Absolutely not, and its despicable.15

Q So you didnt call or ask somebody else to call and16

tell the police that there had been shots fired at Mr. Walker17

home, so the SWAT Team would show up there? You didnt do18

that? Youre not responsible for that?19

A Did you do that?20

Q Do you know who --21

A I did it as much as you did it. I mean, thats22

ridiculous.23

Q Sir, did you have anything to do with that, or do yo24

know who did?25


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A No, I dont.1

Q Thats all the questions I have.2

A Thank you.3

REDIRECT EXAMINATION4

BY THE COURT:5

Q Mr. Kimberlin, anything else you want me to consider6

A Yes. Since Mr. Bours brought up SWAT-ing, Mr. Walke7

and a few of his confederates, have falsely, again, accused me8

of somehow being involving with SWAT-ing him or them, or9

whatever.10

My name has been blasted out across the internet for11

the last three weeks saying that Im somehow responsible for12

SWAT-ing people, without a shred of evidence. I have nothing13

to do with any kind of SWAT-ing.14

They, they went out there and said, well, this person15

wrote about Mr. Kimberlin and he was all of a sudden SWAT-ed.16

Oh, my Lord. Well, you know, 346 people have written about17

Brett Kimberlin as a result of Mr. Walker in the last month,18

you know. And one of these SWAT-ings occurred June 23rd of19

2011. One of them occurred on January, July 1st, 2011. I20

mean, and for Mr. Walker to suddenly accuse me of, of SWAT-ing21

him, is, is another form of harassment. And, I mean, its22

really outrageous.23

I go home, I take care of my kids, I take care of my24

wife, I do my job. You know, I dont engage in criminal25


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activity. I do not do that, I come to Court. When somebody1

harasses me or threatens me, I come to Court. Thats what Im2

supposed to do. I dont engage in criminal activity.3

Its not fair to be accused, falsely accused, again,4

right here in open court, of SWAT-ing, of, of framing people.5

I dont do those things, and I ask that I be protected by the6

Courts.7

You know, I, I shouldnt have -- the only way I can8

get the 9-1-1 people out there is to say, Ive got a peace9

order against someone and Ive had them out there three times10

in the last 30 days. I need a peace order against somebody.11

I need a peace order against Mr. Walker. Hes the12

one that started this and hes the one that can stop it. I13

dont write about him. I dont want him writing about me, and14

I dont want him harassing me. I want him to leave me alone.15

Thats what the statute says, leave me alone. Ive16

asked him over and over, and over, and over, he doesnt want17

to. He wants me in jail or dead.18

Q What is your evidence that Mr. Walker wants you in19

jail or dead?20

A Because he said, he says that over and over in his21

blogs.22

Q Where?23

A Im not going to stop until Mr. Kimberlin pays,24

until Mr. Kimberlin is taken off the street.25


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Q Until what?1

A Mr. Kimberlin is taken off the street. That could2

be -- I mean, maybe that doesnt mean dead, maybe that means in3

jail, but he, he says it over and over, and I can, I can point4

them out to you if you want.5

Q Well, I sustain the objection to Exhibits 3 and 4 on6

the lack of authentication. I have Exhibit 2, which is this.7

A I, I believe its in there somewhere and its8

probably highlighted in yellow.9

Q The only thing thats been highlighted in yellow is10

the paragraph that says:11

I also purchased a handgun. I had owned a shotgun12

since law school for home defense, but I wanted something I13

could more easily carry in public. As they say, better to hav14

it and not need it than to need it and not have it. And I mad15

sure Kimberlins crew knew I was armed to make them realize16

that I was not defenseless.17

I dont see anything else in, highlighted in here.18

A Im sorry. If, I mean, I could, I think I could loo19

through there and find it. At the end of that post he says how20

you can help, and he asks people to contact the States21

Attorney and pressure the States Attorney to prosecute me for22

perjury. And I think I could also ask Mr. Walker if he would23

authenticate those tweets and, in there, he repeatedly says24

that he wants me to go to jail.25


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Q It says How you can help spread the word far and1

wide about this story. And the story reads How Brett2

Kimberlin Tried To Frame Me For A Crime And How You Can Help.3

Second, you can write to the States Attorney.4

Third and importantly, I will be setting up a5

defense fund very soon.6

Fourth, if you are hiring, I need a job.7

Fifth, if you donate to his organization, please8

stop.9

All right. Anything further, Mr. Kimberlin?10

A No. I would like to try to authenticate those11

tweets, so I can show you that he said it in there many times,12

that, that I framed him and that I need to be taken off the13

streets.14

Q Well, now is your opportunity --15

A Okay.16

Q -- to do that.17

THE WITNESS: Okay. Mr. Walker, will you please18

authenticate those tweets?19

MR. BOURS: I object to the form.20


THE WITNESS: I dont have them in my hands, so I22

cant hand it to him. But theyre from Aaron Worthing, the23

Twitter account.24

Aaron Worthing -- do you, do you, do you tweet under25


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the name of Aaron Worthing?1

MR. BOURS: I object to the way hes handling this.2

THE WITNESS: Judge, Im pro se.3

MR. BOURS: I dont think we have to tell him how to4

try a case, but --5

THE WITNESS: Im, Im pro se. I, you know, Im not6

a lawyer. You know, Im doing the best I can, trying to get t7

the truth here.8


THE WITNESS: Im just simply trying to authenticate10

it. Did he write them or not, you know? I didnt, I didnt11

forge them.12

(Witness excused.)13

THE COURT: All right. Sir, stand up and raise your14

right hand.15

AARON JUSTIN WALKER,16

called as a witness on behalf of the plaintiff, having been17

first duly sworn, was examined and testified as follows:18

THE COURT: And your name is?19

THE WITNESS: I am Aaron Walker.20

THE COURT: All right. Do you have a question, Mr.21

Kimberlin?22

MR. KIMBERLIN: Yes.23

DIRECT EXAMINATION24

BY MR. KIMBERLIN:25


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Q Did you write those -- is that your Twitter account,1

first of all? And did you --2

A I, Im not looking at the document right now.3

MR. BOURS: May I see, have the document so --4

THE COURT: Three and --5

MR. BOURS: I can just look at it and show it to him.6

THE COURT: Three and four were not received into7

evidence.8

MR. BOURS: Do them by exhibit as you answer the9

questions.10

THE WITNESS: Okay. So is this three? No, this is11

four. Okay. So Ill do it by three first. I do run a Twitte12

account under the name Aaron Worthing. That appears to be it.13

Let me see if these are my actual, authentication here. And14

this will take a few moments here.15

I will note that many of these tweets, literally,16

have nothing to do with Brett Kimberlin, unless hes willing to17

admit today that he is Bright Bart (phonetic sp.) Unmasked.18

MR. KIMBERLIN: Objection. All Im asking, if that19

came off his Twitter account. The only tweets were talking20

about are Aaron Worthing tweets at this point.21

(Discussion off the record.)22

MR. BOURS: Your Honor, in the interest of time, it23

appears that Exhibit 3, and -- Your Honor, I dont mean to24

testify for the client, but it appears that Exhibit 3 are25


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tweets from his Twitter account. But to save the Courts time1

theres just nothing relevant to the violation of the peace2

order in any of them and they are not directed to the3

petitioner here. Theyre directed to other bloggers, includin4

something called, someone called Bright Bart Unmasked, and5

Padarico (phonetic sp.), and so on. Theres no connection, an6

nothing in them constitutes a threat to Mr. Kimberlin.7

I think when you --8


MR. KIMBERLIN: Twitter is used to spread10

information. And so what Mr. Walker would do is go on Twitter11

and ask other people to spread this, this campaign against me12

and thats what gin people up. It would just, it would go on,13

and on, and on, and it would, its like a mushroom cloud. It14

would just, expanded and expanded. And there ended up being15

like 31,000 tweets about me in a couple of weeks.16

MR. BOURS: I think the same thing applies on Exhibit17

4 --18


MR. BOURS: -- Petitioners 4.20

MR. KIMBERLIN: And --21

THE COURT: All right. Ill receive three and four.22

(The documents marked for23

identification as Plaintiffs Exhibit24

Nos. 3 and 4 were received in25


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evidence.)1

MR. KIMBERLIN: Exhibit 4, if, if you look at the2

yellow --3

MR. BOURS: Your Honor, Im objecting, Im still4

objecting as to materiality but not to authentication, now that5

hes --6


MR. BOURS: -- asked the question.8

MR. KIMBERLIN: In Exhibit 4, youll see many times9

he talks about taking me off the street, imprisoning me, that 10

framed him. And I think those are yellow highlighted.11

THE COURT: Well, the underlying theme in these blog12

and tweets in Plaintiffs 3 and 4, essentially relate to Mr.13

Walker or Mr. Worthing protesting his belief that you framed14

him for a crime he didnt commit and that hes upset about it.15

And he believes that you are -- his belief that, thats what16

you did, constitutes perjury.17

I just havent seen anything in here that would allow18

me to conclude that hes threatening your, threatening you19

personally, as far as threatening to harm you or threatening to20

cause you personal harm.21

MR. KIMBERLIN: Judge, it has to do with incitement.22

He understands the internet very well. He understands the, th23

kind of people that hes dealing with on the internet. And he24

knows that if he, if he makes a false narrative that says that25


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I framed him and that Im somehow some kind of monster, and he1

dehumanizes me, thats what hes done. Hes dehumanized me,2

Judge. Thats what stalkers do. They dehumanize the person s3

that other people will come out and attack them, and thats4

what hes done. And then people can feel good about attacking5

me, and threatening me, and threatening my kids.6

Some of these wackos have called my children on the7

phone.8

MR. BOURS: I object, hearsay.9


MR. KIMBERLIN: And this is what Im dealing with,11

Judge. This man could stop this with this, by stopping this12

false narrative. The States Attorney has said, they will,13

that he will not prosecute me based on his false narratives.14

So --15

THE COURT: So the States Attorney has told you --16

MR. KIMBERLIN: I have the letter --17

THE COURT: -- that they wont prosecute him for18

harassment or anything else. Is that right?19

MR. KIMBERLIN: No. Hes, he filed charges against20

me for perjury, saying that the assault never occurred.21

THE COURT: Yes.22

MR. KIMBERLIN: The States Attorney wrote him and23

said that Judge Everham has found Mr. Kimberlin credible --24

MR. BOURS: Object, hes reading from a document.25


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MR. KIMBERLIN: Well, you can read the letter1

yourself, Judge. And, and told Mr. Walker that hes not, that2

the States Attorneys Office is not going to prosecute me for3

perjury. Mr. Walker does not want to accept that. He wants t4

gin up people to come after me and, and accuse me of, of, of5

falsely saying that he assaulted me.6

I mean, Judge, you know, your own staff came right7

outside that courtroom.8

THE COURT: Did you ask the States Attorney to9

prosecute Mr. Walker for harassment?10

MR. KIMBERLIN: I have.11

THE COURT: And what happened to that?12

MR. KIMBERLIN: Ive, what happened, I, I didnt13

really ask them to prosecute him for harassment.14

THE COURT: Why not?15

MR. KIMBERLIN: I asked him to, when he violated the16

the peace order, I asked him to prosecute him for violating the17

peace order.18

THE COURT: Well, I mean, you have handed all of19

these up here, saying this constitutes harassment. Harassment20

is a criminal charge. If --21

MR. KIMBERLIN: Judge --22

THE COURT: -- you believe all of this constitutes23

harassment in the context of the peace order, why havent you24

gone to the States Attorneys Office to ask them about25


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prosecuting Mr. Walker?1

MR. KIMBERLIN: Judge, like I said, I asked them,2

them to prosecute him for violating the peace order, the3

interim peace order that was issued. They said that because I4

had a peace order against him, that they were going to nolle5

pros that case. Thats what they said. They said they have6

30,000 cases a year, and as long as I got a peace order against7

this guy, that they dont want to be involved. Thats what8

they said.9

And they told Mr. Walker, I have the letter here,10

that theyre not going to prosecute me for perjury from the11

assault. You know, I filed the assault charges, your staff,12

you know, came right outside --13

THE COURT: All right. That goes back to January.14

MR. KIMBERLIN: I know. But Im just saying, thats15

what --16


MR. KIMBERLIN: -- this whole frame is about, this18

whole meme of his --19

THE COURT: Okay.20

MR. KIMBERLIN: -- is about.21

THE COURT: Were just talking in circles here.22

Anything further?23

MR. KIMBERLIN: No.24

THE COURT: Mr. Bours, anything you wish to say?25


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CLOSING ARGUMENT BY REGINALD W. BOURS, III, ESQ.1

ON BEHALF OF THE DEFENDANT2

Well, I just want to make the observation that3

nothing he has put in his written petition or application for4

the peace order, and nothing that he has presented here,5

violates the peace order statute or is sufficient ground for6

issuing an order.7

The peace order statute allows you to do that if my8

client directly threatens him. Well, that didnt happen.9

The stalking part of the statute, the criminal10

stalking statute, requires personal contact, following him in a11

public place. He is saying cyber-stalking is what hes12

complaining about, but thats not part of the Maryland crimina13

statute. And if its not part of the Maryland criminal statut14

for stalking, its not the basis for issuing a peace order.15

And as far as harassment is concerned, I think the16

Court has already seen that there is no harassment within the17

meaning of Section 3-803 of the Criminal Law Article, which18

says:19

A person may not follow another in or about a publi20

place, or maliciously engage in a course of conduct that alarm21

or seriously annoys the other, with the intent to harass,22

alarm, annoy the other.23

Two, after receiving reasonable warning or request24

to stop by or on behalf of the other and without legal25


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purpose.1

And the exception written right into the statute2

says:3

This section does not apply to peaceable activity4

intended to express a political view or provide information to5

others.6

Im not here to argue very much about the Trayvon7

Martin case, but there are a lot of people that went on the8

internet and were protesting this failure to prosecute the9

Trayvon Martin criminal case against the individual who10

apparently killed Trayvon Martin. And as a result of that11

peaceable internet activity, it appears further investigation12

was done and charges were brought.13

My client has done nothing more than advocate people14

notifying the States Attorney that they should prosecute Mr.15

Kimberlin for perjury.16

Now, the perjury he was talking about was in17

connection, primarily, with the criminal charge of assault18

against him, which was dropped by the States Attorneys19

Office. But if I could show just a recent example of how loos20

this man is with the truth, in a petition for the peace order21

in this case, when he originally filed it, he was asked, I22

know of the following cases involving the respondent and me,23

and he put, the first one was peace order, District Court;24

year filed, 2012; results or status, on appeal. Thats what25


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he characterized it at in the application he filed on May 19.1

Well, in fact, Judge Johnson of this Court, denied it on April2

11th. Granted, you know, ruled in my clients favor on April3

11th.4

So when hes filing this document on May the 19th in5

support of issuing the original peace order, which he filed6

with the Commissioner late at night -- well, nevertheless, it,7

hes saying its on appeal. Hes not --8

MR. KIMBERLIN: It is on appeal.9

MR. BOURS: -- adequately disclosing the fact that10

hes already lost --11

MR. KIMBERLIN: It is on appeal.12

MR. BOURS: -- in this Court.13

MR. KIMBERLIN: Its on appeal in the Court of14

Appeals.15

MR. BOURS: Well, be that as it may, nothing that he16

has presented here today, nothing that he put in his petition,17

and nothing that is supported by competent evidence, provides18

you with clear and convincing proof that my, that hes entitled19

to a peace order, and I would ask you to so find.20

MR. KIMBERLIN: May I respond, please?21

THE COURT: Yes.22

CLOSING ARGUMENT BY BRETT KIMBERLIN, PRO SE23

ON BEHALF OF THE PLAINTIFF24

Again, the case that hes talking about is on appeal25


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to the Maryland Court of Appeals. I think he knows that. Iv1

sent him copies.2

Secondly, there is a course of conduct here. There3

an incredible, long course of conduct here. It goes on for4

weeks and months, and thousands of tweets and blog posts and5

everything. Ive asked him over and over to leave me alone.6

This does annoy me, it does alarm me, it alarms my family,7

thats what Im, Im talking about.8

When I get people calling and saying theyre calling9

on behalf of Mr. Walker, I dont know if its true, but theyre10

using his name. I get e-mails, death threats by e-mail, sayin11

Im writing on behalf of Mr. Walker.12

MR. BOURS: I object to --13

MR. KIMBERLIN: I dont know --14

MR. BOURS: -- the extent, hes trying to testify15

again instead of arguing his case.16

MR. KIMBERLIN: What Im saying is, Mr. Walker can17

stop this. Thats what Ive ask for, turn it off, leave me18

alone. Thats what I want. Thats what the peace order says,19

stop it.20

And he says hes not contacting me, he is contacting21

me. He knows for a fact that when he writes something, it22

comes into my e-mail box. He said many times, oh, Mr.23

Kimberlin, just turn off your Google alerts and then it wont24

come to your e-mail box and you wont see this. Well, again,25


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thats like saying turn your phone off if youre getting1

harassing phone calls or shut your mail service down. Its no2

appropriate. Hes responsible for the conduct of these, these3

this information thats coming to me, and its not just coming4

to me. Its coming to people that support me and funders, and5

thats not right either.6

You know, my organization is, is doing wonderful work7

with, with kids, getting them out to vote, and working to help8

tolerance between different religious factions, and we do9

really good work. And for him to go out there and ask people10

not to fund my organizations because I framed him for a crime11

that I didnt, you know, all I did was exercise my rights as12

the police told me to do when I was out there and got13

assaulted. The police took my iPad away from him, right out i14

front of your courtroom. He took it away from me.15

And so I did what I was supposed to do, file a peace16

order, file criminal charges. The States Attorney did what17

they decided to do, exercised their discretion and not18

prosecute it, fine. They told him, were not going to19

prosecute it. He should have left it alone. He filed charges20

against me twice, they nolle prosed that.21

He filed a $66,000,000 lawsuit against me, Judge.22

Hes filed a federal lawsuit against me. I mean, it goes on23

and on and on. He wont leave me alone and its all based on24

his false narrative that I framed him. I did not frame him. 25


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got assaulted and end up in the hospital with injuries.1

JUDGES RULING2

THE COURT: All right. Ive reviewed the testimony3

thats been submitted. Ive considered the documents that hav4

been submitted on behalf of Mr. Kimberlin.5

Mr. Kimberlin is requesting that a, the issuance of 6

peace order against Mr. Walker on the basis of harassment7

and/or stalking. There certainly is no evidence to support8

stalking.9

As far as harassment is concerned, the requirement i10

that there be clear and convincing evidence to satisfy that Mr11

Walker has followed another in or about a public place, there12

no evidence that Mr. Walker has done that, or maliciously13

engage in a course of conduct that alarms or seriously annoys14

the other with the intent to harass, alarm or annoy the other15

after receiving a reasonable warning or request to stop by or16

on behalf of the other, and without a legal purpose.17

The harassment statute goes on to say this section18

does not apply to a peaceable activity intended to express a19

political view or provide information to others.20

Mr. Kimberlin is arguing that the exhibits that have21

been introduced into evidence constitute harassment, in that22

this is a course of conduct that alarms or seriously annoys23

him.24

He has asked that I consider the Galloway case, which25


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finds that the statute is not overly broad. Galloway1

specifically relates to an inmate who sent 122 letters to2

another person.3

Based upon everything that I have reviewed, these are4

blogs or tweets that Mr. Walker has issued that this, Im not5

satisfied has been directed directly to Mr. Kimberlin. Theyr6

about Mr. Kimberlin and about his opinion concerning what he7

believes Mr. Kimberlin has done that impacts him. But I do no8

find that there is sufficient evidence to support harassment9

that would permit the issuance of a peace order.10

Accordingly, I am going to deny the request for a11

peace order.12

MR. BOURS: Would the Court award costs?13

THE COURT: No.14

MR. BOURS: Thank, Your Honor.15

THE COURT: The Court is in recess.16

MALE CLERK: All rise.17

(The proceedings were concluded.)18

19

20

21

22

23

24

25


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/ Digitally signed by Patricia F. Acors

DIGITALLY SIGNED CERTIFICATE

DEPOSITION SERVICES, INC. hereby certifies that the

foregoing pages represent an accurate transcript of the

duplicated electronic sound recording of the proceedings in the

Circuit Court for Montgomery County in the matter of:

Civil No. 8526D

BRETT KIMBERLIN

v.

AARON JUSTIN WALKER

By:

______________________Patricia F. Acors

Transcriber

kimberlin v. walker hearing 7.5.12 (ocr)

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