DEfENDANT DESCRIPTIO.

'; Driver's t1

Hair

__ Eye

CampI,

'OJ] _ ..............._

Other

[)I.O.B

---'-'-""-r---

[D

APPl CATION FOR STATEMENT OF CHARGES

I the undersigned. appl; far tatement pf b \'e named Defendant aus on r

ut

--7"

I ot mnt afftrnl under the p n Iti information and belief

(Continued on attached

pag ) (D 'CR I A)

of peIjury that the ontents of thi Application are true to the be of m knowledge

I have

or had read to me and I understand the otice n the back f tm t'Qrm.

, - - _......_ - m thi

d 'of
J gefCommis"ioner _
---"---'-'-.::...::.:.._---

Time:

at -

1 un e land that charging document will b i 'ued and that 1 must appear (. r trialO on tw -----:---_.0 when notified b) the Clef > at the Court location ho at the top of fbi form. T'rn"'-

o J have ad 'i ed applicant of shielding right. 0 o I lin d to ue a charging document becaus

j'

ppiioont decline

hieldillg.

of la k ofprobable a c.
t

TlUCK./},'G. UMR R

D }Clt 1 (Re:v, 1

006) Print Datt t5f2009t

The immediate caus for complaint is perjury in numerous settings., false statements in a petition for a peace order, and faIse tatements in an Application fi r Statement of Charges but I want to shm ou the larger context in this situation.

r. Aaron Walker

am an attorney in go d tanding in Virginia and

ashington, D.C.

Brett Kimberlin is a com 'cted terrorist known as the Speedwa Bomber. He set off eight bombs in six cia s in the town of peedway, Indiana, in the late e euties. He has also been convicted of perjury and offense related to his forgery of documents in order to obtain the e 'plosive he used for his reign of terror. On Decemb r 29 20] 1 I filed a motion in the case of Kimberlin " Hen (Ca e umber 339254 . In that motion I argued that Brett Kimberlin 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 but at 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 enraged Mr. 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 and indeed had never met the 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 alrea 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 know my real name later be admitted to lying on this point) On January 9 201 1 wa lea 'ng court at the same time as Mr. Kimberlin when Mr. Kimberlin rai ed his iPad as though to u e it. Knowing that Mr. Kimberlin had deep malice toward me and knowing his criminal I was afraid be was about to do harm to me so I took the device from him. Because of the malice he had toward me and his criminal record, I believe I had a reasonable fear of bodily harm in that situation, justifying the in ocation of 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) and kept it from him, without e er once making contact with his body. I did not strike his body \\-';th my own. I did not push him. I did not wrestle with him. I did not strike him with the iPad as he later alleges.

115

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 1 bad 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 e r i k his own life. Therefore , hen the sheriff's deputies arrived at the scene I stated m belief that Mr. 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 of me 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 of disinterested 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 struck him three time ,pushed him and 'wre !Jed ith him. As you rna or rna

not knO\ there is a camera constantly pointing in that direction providing a constant feed, but th digital recordings are not 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" 'ou would 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 believe that both m a tions and Mr. Kimberlin's actions wer timed perfect! 0 that the complete 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 assaulted me while leaving the courtroom. H hit m in the face, chest, & shoulder and took my 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 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 perj ured 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 personhe convinced the tare's Attome office 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 sworn testimony Mr. Kimberlin stated that "He [Walker] decked me 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 attacking me and attacking me. The came out and told him to get off of me and they called the pol' ceo i e pol ice 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.

l(((7

3/5

The claim that anyone--courtroom staff or not-told me to get off of 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 that 1 knO\ of,o er the course 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 of mine 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 of Kimberlin . 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 medical records claiming serious trauma to bis eye and a cracked rib. These. 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 of me 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 a copy 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. are implausible. 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

4/5

for Mr. imberlin to ha e been tru k as when I first took the iPad from him. Of course I didn'f strike . Kimberlin, but speaking obje ti ely that i the 00.1 moment \ here a third party \ auld believe it wa 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 the persons;vb 'ere there that day and ask ifan of them told m to get off of me (Kimberlin] as he alleged on Febmary 8 in perjured testimon .

In summary I beli e that Mr. Kimberlin:

1. Made false statements to law enforcement officers in violation of "MD. AL LAW CODE 9-501 b. claiming he did not take a photograph of me hen in fact he did. '.: 2. Filed a false petition for a peace order in violation ofMD. COURT AN. JUDICIAL

am.

PROCEED
CODE

meaDE

3-1503.1.

1.>\'::1\(1<":

..

3. Made fal e statement on his application for charges in violation of ID. CRIMINAL L W

9- -0.).

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 himself on February 8 2012 b numerous false tatements outlined above. 6. Perjured himself on April 11 2012 by claimin essentiall. that I beat him up, under oath.
"5Q '..
q

.....,,,,,

But there is a reason to charge him that is more compelling than that outline. Mr. Kimberlin set out to frame me for a crime I did not commit Till convicted document forger produced false photographs and false medical records to lend his claims verisimilitude. In doing so, he has tricked the State Attorney Office into being an instrument of oppression over me. Since these charge were fiJed against me, 1 have lost III job and 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 and it cost me about 7,000. Yes in theory I might be able to reee er from Mr. Kimberlin, except that Mr. Kimberlin has a long history of evading judgments against him. As a friend of mine said, Brett Kimberlin is about to figure out that doing this is either a reall good idea, or a really bad one. lfbe is not prosecuted for tbis blatant and evil attempt to frame me, then you will be telling him that the la", against perjury-and oth 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 that Mr. Kimberlin has manipulated this office in thi fashion and it should be eager to see fr. Kimberlin suffer cons quences for his conduct.

5/5