Criswell sees and knows all! Did we not tell you that “blog court” defenses would fail? Did we not tell you that defendants were making things worse for themselves?
A hearing was held in case 380966V, Kimberlin vs Walker et al, today at Montgomery County Circuit Court in Maryland. Judge Michael Algeo was not persuaded by the “blog court” defense of Kimberlin Unmasked’s attorney Mark Del Bianco, and Google was prepared to compel the identity of Kimberlin Unmasked without a fight. Mr. Kimberlin met Maryland’s Brodie Test of defamation, demonstrating the harm his children have experienced in their schools and peer relationships. Courtroom observers expressed audible amazement at examples of this defamation. In short, things did not go well for Team Akbar, who have no one but themselves to blame.
The defendants have ten days to appeal the ruling, but they have clearly lost this round because they insist on answering Mr. Kimberlin’s charges with a list of irrelevant matters from 1979. While Walker, Hoge, Akbar, McCain, and KU all seem to think they need only talk about bombing and perjury, sooner or later they must mount an actual defense against their own defamatory writing about Kimberlin in the here and now. Our sense is that they have barely worked with their attorneys at all, and may have even kept their counsel in the dark about important facts, because they actually believe their “blog court” defense will work.
Today’s hearing should be a wake-up call that this strategy is self-defeating. Not only was Judge Algeo outraged by the defendants’ defamation of Kimberlin, but he seemed to understand the defendants’ “convicted bomber and perjurer” line as that same defamation carried over into his courtroom, and treated it accordingly. Attempts to invoke the name of Roger Shuler or Melissa Brewer with half-baked conspiracy theories would surely have even worse results.
So we predict that as long as defendants insist on this “blog court” strategy, they will continue to lose. We predict that Kimberlin Unmasked will not only be unmasked, but that discovery on the account will lead to damning evidence that shall turn up in Kimberlin’s RICO case. At this rate, by the time they realize just how badly they have screwed up it will be too late for the defendants to stop the complete debacle of their nightmares from unfolding.
“If Criswell predicts it, then it’s gotta come true!”
[youtube]http://youtu.be/vwc65bf99_o[/youtube]
Kimberlin Unmasked’s lawyer APOLOGIZED to Brett for the level of defamation!!! That does not bode well for the defendants in these court cases.
To clarify, the “apology” was Del Bianco expressing sorrow at the defamation Kimberlin has received, not so much accepting responsibility on behalf of a client. RogerS succinctly states the legal implications of that finding below. We are not holding our breath while we wait for Team Akbar to blog accordingly, but Kimberlin won much more than “this round” today.
Still, one wonders at what point Del Bianco throws up his hands and says, “My client was not honest with me, so I’m outta here.”
Yes, that is a valid question: has Team Akbar been completely honest with their counsel? We say no, they have not.
If in fact the judge did rule in favor of disclosure then this does not bode well for the defendants in the case because Independent Newspapers v Brodie case, which Maryland judges must follow, requires a finding that the Plaintiff make a prima facie case of defamation prior to ordering disclosure. So the judge had to have made that finding. And that could collaterally bar KimberlinUnmasked from arguing later that no defamation occurred.
OK, so here is my lawyer hat again: the Defendants come to me and say that they want me to represent them on this case. I find out that the judge just ruled against one of the defendants finding that defamation occurred. This makes me automatically not want to take the case. Listen, I am a hired gun like most lawyers, but I don’t like to waste my time on losing cases. And if I were were calling this case, I would say that the defendants have already lost, but they are in denial.
They often seem stuck in the denial phase of grief, do they not? And never more so than with your comments in our blog.
Just wanted to respond to a fool attorney who doesn’t know what he is talking about when he mocked my comment about removal from state to federal court. This is something that happens all the time with real litigators in my neck of the woods. Here is an article by a colleague of mine about this very subject. http://www.mcguirlfirm.com/lawyer-attorney-1846685.html
I might enjoy watching you argue this with Mr. Frey. Perhaps we should serve him on Twitter with notice of a lawsuit in blog court?
Oh NOEZ! Blog court failed again?
A miserable failure!
I just love the chatter going on over at Hogewash.
pablo4200
on 4 November, 2013 at 13:17 said:
True, but Google will also have the IP address that you use to access Blogger. Unless, of course, you’re using a proxy. In that case, this is a loss for BK, not a win.
Riiight…
Let’s assume KU was that smart (he isn’t, but let’s pretend). Does Pablo seriously believe that the judge is just going to throw up his hands after its revealed KU used a proxy to set up his blog and say, “Well…sorry, Mr. Kimberlin, but this guy used a proxy and we can’t go any further”?
As if.
There’s one person who knows the true identity of Kimberlin Unmasked and that person could easily be compelled to reveal the identity.
Three guesses who that might be.
Anger, denial, bargaining…will they ever reach acceptance?
They would have to attain sentience first.