IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND

------------------------------x : BRETT KIMBERLIN, : : Plaintiff, : : v. : : AARON JUSTIN WALKER, : : Defendant. : : ------------------------------x

Civil No. 8526D

TRIAL

Rockville, Maryland

July 5, 2012

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. : : AARON JUSTIN WALKER, : : Defendant. : : ------------------------------x

Civil No. 8526D

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 103 Rockville, Maryland 20850

DEPOSITION SERVICES, INC.

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WITNESSES For the Plaintiff: Brett Kimberlin For the Defendant: Aaron Justin Walker

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EXHIBITS For the Plaintiff: Exhibit No. 3 Exhibit No. 4 For the Defendant: (None)

MARKED

RECEIVED

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Closing Arguments: Reginal W. Bours, III, Esq. For the Defendant Brett Kimberlin, Pro Se For the Plaintiff 36

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Judges Ruling

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pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III. THE COURT: MR. BOURS: Very well. You can be seated. MALE CLERK: THE COURT: P R O C E E D I N G S All rise. Good morning, lets call the case. District Court Appeal 8526, Brett

FEMALE CLERK:

Kimberlin versus Aaron Walker. THE COURT: for the record? MR. KIMBERLIN: THE COURT: MR. WALKER: MR. BOURS: Brett Kimberlin. All right. Can you identify yourselves

All right. Your Honor, I am Aaron Walker. And for Mr. Walker, Reginald W. Bours,

Your Honor, preliminarily, Id ask that

the Court, Im going to ask for a rule on witnesses. THE COURT: All right. All witnesses that will be

testifying need to remain outside the courtroom until called to testify. MR. BOURS: The second request is, I have reason to

believe that in the past, courtroom proceedings like these have been broadcast by cell phone. Id ask that the Court require

all persons in the courtroom to turn their cell phones off, not just to mute. THE COURT: Very well. All cell phones are to remain

off during these Court proceedings and any other electronic

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stand. MR. KIMBERLIN: THE COURT: I have a lot of documents here. communication devices, as well. And we have a sheriff in the

courtroom whos, will enforce that order. All right. This is here on a District Court appeal And Mr.

from a peace order that was entered by Judge Vaughey. Kimberlin, this is your request for a peace order. novo trial on appeal. Are you ready to proceed? Yes, sir.

Its a de

MR. KIMBERLIN: THE COURT:

Very well.

Do you wish to testify?

MR. KIMBERLIN: THE COURT:

I, I, well, do you want me to --

Its a yes or no? Yes. Then get on the witness

MR. KIMBERLIN: THE COURT:

All right.

Well -Can I testify --

MR. KIMBERLIN: THE COURT: testify from there? MR. KIMBERLIN: THE COURT:

-- its time to try, do you want to

Sure. Raise your right hand.

All right.

BRETT KIMBERLIN, the plaintiff, having been first duly sworn, was examined and testified as follows: THE COURT: All right. You may be -- Mr. Walker, I said all electronic

what are you doing, Mr. Walker?

pfa
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communication devices are to remain off. MR. WALKER: This is just, this doesn't communicate.

2 3
4

It's just a laptop computer and I have a disability -MR. BOURS: no-THE COURT: MR. BOURS: All right. -- communication ability. DIRECT EXAMINATION BY THE COURT:
Q

It has documents on it, nothing, it has

6
7

8
9

10 11 12 13

What's your name? MR. WALKER: THE WITNESS: BY THE COURT: Sorry, sir. Brett Kimberlin, sir.

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15 16 17 18 19 20 21 22 23 24 25 you.

Q
A

Where do you live?

'--All right.

1,

Bethesda, Maryland.

And you're seeking a peace order against

Mr. Walker?
A

Yes, sir. And what is it you're asking me to do? Well, I'm asking you to keep him from harassing me

Q
A

and stalking me, both directly and online.

Q

All right. Well, it,

And what is the basis for your request? I need to have a little background here for

On January 9th, Mr. Walker and I appeared before you in a

case, and as I was exiting the, the courtroom, Mr. Walker

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q injuries. assaulted me. Numerous police came up to the Court, outside Mr.

the courthouse, a couple of your staff came outside. Walker had assaulted me and taken my iPad from me.

After that, I went and filed a peace order against Mr. Walker and I also filed criminal assault charges against him. After that, I went to a medical clinic because I had The medical clinic sent me to Suburban Hospital. I

spent several hours in Suburban Hospital, was treated for a contusion to the eye and -MR. BOURS: Your Honor, I object. Im not sure that

hes competent to testify to those matters, but they are way outside the 30 day limit for things -THE COURT: I understand, but if it puts it into

context as far as what hes claiming happened 30 days prior to -MR. BOURS: THE COURT: MR. BOURS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: BY THE COURT: This is back on January 9. He already --- May 19. -- filed it on May 19th. Right. Right. I understand. So --

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and -MR. BOURS: that claim. Object, unless theres a foundation for A Q A Q A Exactly. And --

So lets get --- so -Lets get more current. The States Attorney chose to nolle pros the case, Mr. Walker, in turn, filed two

the criminal case that I filed.

criminal cases against me for perjury, saying that the assault never occurred and the States Attorney, again, nolle prosed both of those cases. Q A All right. The States Attorney sent Mr. Walker a letter, which

I have a copy of and Id like to present it to the Court. Q A Q Im not interested in that. Oh. I want to know what happened within the 30 days I

before May 19, that has caused you to file this peace order. get the picture, you and Mr. Walker dont get along. A Well, once the States Attorney decided not to

prosecute his case against me for perjury, he decided, he chose to start a, an online campaign against me, he said to pressure the States Attorney to prosecute me and send me to prison. So he began writing all types of blog posts about me

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Q Q Kimberlin. A THE COURT: All right.

BY THE COURT: You need to produce evidence that reflects that, Mr.

Mr. Walker began tweeting on Twitter about this case. MR. BOURS: THE WITNESS: The same objection. Okay. I, I can introduce into

evidence, hundreds of tweets by Mr. Walker, maybe thousands of tweets by Mr. Walker, saying that he was, he was starting this -MR. BOURS: THE WITNESS: Object. -- starting this campaign because I

framed him for an assault he said that never occurred. Brett Kimberlin tried to frame me for a crime -MR. BOURS: Object.

BY THE COURT: Mr. Kimberlin, Im really not interested in all of What Im interested in is, what evidence is there? As I

understand it, you are claiming stalking and/or harassment -A Q A Q Right. -- and Im interested in that -All right. Well -Im not interested in what the two

-- and thats it.

of you are saying about each other. A I know. Under Galloway, harassment has to do with -

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Ill decide what constitutes harassment. Okay. Im just saying, unwanted conduct.

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Ive, Ive

asked him to leave me alone. all that.

I just want to go on my way and

He has chosen to say that I framed him for a crime

and he has gone online and incited hundreds of other conservative bloggers to attack me over the last 45 days. Theres been over 31,000 tweets that have been sent out -MR. BOURS: THE WITNESS: BY THE COURT: You need to -- these are, this is all hearsay, Mr. -Yeah, okay. -- Kimberlin. Im going to sustain the objection. Object. -- about me.

And these, this incitement by Mr. Walker has resulted

in dozens, scores of death threats against me. Q A Q A Q A Q A Q Well, -Death threats. -- do you have any evidence -Yes, I do. -- of any of that? I have lots of evidence. Can I approach?

You can give it to the Sheriff. Okay. First, show it to opposing counsel.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q believe -A Q A Q A Well, theres --- Mr. Walker --- theres --- is the source of these documents? MR. BOURS: these are -THE COURT: MR. BOURS: Im going to object, because none of

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Petitioners 1 in the whole -- go ahead. Its all hearsay. None of it is It appears

specifically connected to my client, Mr. Walker.

under various names and theres just no connection shown by the documents themselves. They are not self authenticated by any

stretch of the imagination. THE WITNESS: BY THE COURT: What is there about these documents that leads you to Your Honor, they are --

Some of those documents say, dont show up in Court That was for the previous

on Tuesday or youre going to die. peace hearing.

One or two of them say, I, I, Im writing on

behalf of Aaron Walker, you know, youre, youre, youre going to die, things like that, that -- another one says the Army of Davids, which is some kind of Christian group, is, is, is poised to attack you. And, and weve been, were just waiting

for the order, and, and things like that. So theres very specific information there. Also,

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Ive had, I got a lot of threats by, by phone.

12 I actually had

to file criminal charges against a man named Martin Mayer (phonetic sp.) in Florida. calls -MR. BOURS: THE COURT: THE WITNESS: and my wife. Object. Sustained. Ive had to call 9-1-1 three times, me I filed another peace He said in his, in one of his

The police have been out.

order against another man who came out and was taking pictures in front of my house. BY THE COURT: I dont see any reference in here to Mr. Walker. Well, I can show, I can point it out, if you would This was all --

like me to. Q A Q A Well, his name isnt mentioned here, in any of these. In, in, in some of the e-mails, it, it is. Well, I just read all of them. Mr. Walker started the campaign against me. Its,

its cyber-stalking. me.

He, he, he incited others to, to target

And even after Judge Vaughey ruled on the peace order,

people started posting Judge Vaugheys address and phone number on the internet and, to intimidate him. This is a, a, a sustained campaign to intimidate me and, and threaten me, and to destroy the funding for my nonprofits. I run a non-profit called Justice Through Music. And

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Walker has made it very apparent that he wants people to

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quit funding my non-profits because I framed him for a crime. He says that I forged records from Suburban Hospital. I have those records here and they are certainly not forged. He says that I photoshopped photos of me with a black eye, and I certainly did not photoshop for any pictures. And he, hes And this

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

is a classic case of cyber-stalking, where he puts out false information to other people to incite them to, to target me. Hes directly responsible for this. He, hes worked, he works through proxies. He, he

got a group called the National Bloggers Club to join on, Everybody Blog on Brett Kimberlin Day. MR. BOURS: THE COURT: MR. BOURS: THE COURT: youve handed up -THE WITNESS: THE COURT: May I, may I --- Petitioners Exhibit No. 1, and I Object again, no -Sustained. -- lack of foundation. And Ive looked again at the documents

dont see anything in here that would reflect that this was sent by Mr. Walker. So Ill sustain the objection to

Petitioners Exhibit 1, this stack of documents. BY THE COURT: All right. What else do you want to tell me?

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A

14 Well, like I said, Mr. Walker has written, himself, He wrote

how Brett Kimberlin tried to frame me for a crime.

this entire, you know, 30 page post about how I forged documents from Suburban -Q A And that constitutes harassment because? Because he, he, its, its defamatory. And -Its a lie,

first of all. Q A

That doesnt constitute harassment. It, because its a lie, hes putting, hes putting Its like saying that Im the

out a false frame against me.

head of the KKK or something and trying to get people to come after me. You know, he, this is what hes doing. Hes, hes

creating a false narrative and that, in order to get people to attack me. Now, Ive been threatened. Ive had --

So you have the writings there that you want me to

consider that support your petition? A Well, I, I have thousands of tweets by Mr. Walker

right here, and then I have blog posts -Q And this relates to things within the, between April

19 and May 19th? A Yeah, all these are, May 27th and whatever, but

theyre, theyre all between -Q A You want me to consider those? Theyre all between that time period.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this? THE WITNESS: THE COURT: MR. BOURS: Those are tweets. Plaintiffs Exhibit 3. Q So you want me to consider those. So you need to

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show them first to Mr. Bours, then Ill take a look at them. MR. BOURS: Just as a suggestion, the set of papers

that says, How Brett Kimberlin Tried To Frame Me For A Crime, and how you can help, Im not going to object to that, except that it contains no material violation of the Maryland statute. MR. WALKER: THE COURT: MR. BOURS: authenticated. THE COURT: MR. BOURS: Petitioners 2? I dont object to the Court looking at Are you sure its accurate. All right. The others, I dont think are

it, but I dont think it contains any violation of the statute. THE COURT: MR. BOURS: THE COURT: THE WITNESS: MR. WALKER: All right. But the others, I do object to. All right. You need to hand those up.

And this one also. No, thats not complete, though.

(Discussion off the record.) THE COURT: Your objection to these, Mr. -- what is

I dont think theres any authentication

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

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: THE WITNESS: All right. Mr. Walker uses the name, Aaron I think he

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Worthing (phonetic sp.) on his Twitter account. would admit to that. MR. BOURS:

Well, I think the way to prove that

somebody has an account and is using it, is to bring in representatives of Twitter, or AOL, or Google, or whoever, not to just baldly assert, as Mr. Kimberlin does all the time, that this is something he did. THE COURT: THE WITNESS: THE COURT: THE WITNESS: All right. Ill -to call --

Id be happy

-- sustain the objection. Id be happy to call Mr., Mr. Worthing

as a witness, Mr. Walker, Worthing as a witness. Also, Mr. Walker tends to, every time he posts about me, which is scores of times, he, he includes a reference that Im a terrorist, and you can see some of those just even yesterday, Brett Kimberlin, terrorist. over, a terrorist. He calls me, over and

He does this in order to get it on Google

so that when people Google my name, they will see Brett Kimberlin, terrorist. This is a, a part of his harassment campaign where he wants to destroy my funding base, foundations and, and donors who donate to my non-profits, will go on Google and theyll see this type of, of cyber-stalking to, to harm my ability to make

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you know. 45 days. a father. a living.

17 And this, this causes me a great deal of, of anxiety Im obviously annoyed by it.

and mental assault.

Ive asked him and his attorney numerous times to, to leave me alone, thats all Ive ever asked. him. all. I dont comment about him. I dont blog about

I dont tweet about him at And I

I dont respond to him online about these things.

have just asked him to leave me alone. I have a right to be a husband. I have two wonderful daughters. I have a right to be I have a right to

run a non-profit without being attacked constantly. I mean, were talking about 30,000 tweets in the last Were talking about 350 blog posts attacking me in And Ive asked him to leave

the last 30 or 40 days, you know. me alone, thats all. all about.

Thats what the harassment statute is

You know, ask somebody to leave you alone, if they

dont, then you go get a peace order against them. You know, Im not asking for anything, you know, big, I mean, if he wants to blog, thats fine. Why do

you have to blog 2,000 times about me, or 10,000 times, or call me a terrorist 50 or 100 times, you know? If you want to write

a story about me, fine, write a story, but dont write 200 stories repeating the same thing. thats why its harassment, Judge. THE COURT: You know, thats what, And --

Mr. Bours, Plaintiffs, Petitioners 4 is

this -- youre objecting to this based on?

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BOURS: THE COURT: MR. BOURS: MR. WALKER: MR. BOURS: Lack of authentication, I believe. All right. I cant see it very well from here. Its tweets. Thats tweets, I think. There is no

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authentication that Mr. Walker is responsible for those. THE COURT: THE WITNESS: All right. And, and the other thing is, the

States Attorneys Office has told him, Im not going to prosecute Mr. Kimberlin for perjury on the assault. So it, and

he has made this campaign to harass me until the States Attorney prosecutes me for, for perjury or whatever, for the assault. In other words, his harassment is never going to stop because the States Attorney is not going to prosecute me. Ive talked to that office numerous times. MR. BOURS: Object. Theyve written Mr. Walker -Sustained.

MR. KIMBERLIN: THE COURT:

All right.

MR. KIMBERLIN: THE COURT: Petitioners 5? MR. BOURS: is authentic. THE COURT:

-- a letter to that effect.

What, youre objecting to Plaintiffs,

I think its incomplete, but I think it

All right.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Walker. MR. BOURS:

19 I mean, I think it did originate from Mr.

Im not going to object on any other -THE COURT: MR. BOURS: All right. -- formal basis. But its irrelevant

though, to the statutes that are before you. THE COURT: All right. Ill sustain the objection to

Petitioners 1, 3, and 4, 2 and 5 will be considered. BY THE COURT: Anything else, Mr. Kimberlin? Well, like I said, once the States Attorneys Office Mr.

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

Walker doesnt want to accept the determination of the States Attorneys Office. Judge Johnson found that he assaulted me. doesnt want to -MR. BOURS: THE WITNESS: THE COURT: THE WITNESS: I object. -- accept that. Sustained. I have the transcript. If you want to Mr. Walker

see the transcript, Ill show it to you. BY THE COURT: No. Okay. But he doesnt want to accept this. He wants

to harass me online and destroy my funding base, and gin up crazies to come to my house and, and take pictures of me and my

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

20 kids, and, and chase me down the street, and threaten me, and call me and my mother. My, my elderly mother has received scores of death threats because of Mr. Walkers false frame. narrative. He did assault me. Its a false

He assaulted me right outside

the courtroom.

All I did was what I should have done and that

is, go and get a peace order against him and, and get a, a, file charges against him. Thats it. I did what I was

supposed to do as a citizen of this country. And what have I gotten in return? Ive gotten

attacked and, and, and brutalized and death threats, I mean, every day. Ive had to put security systems in my house. Ive

had the police out to my house numerous times.

You know, if

thats not harassment, then, then nothing qualifies for harassment. Hes saying, oh, I should turn off my Google alerts, I should turn off my, my, my computer if I dont want to get this information. Thats like saying if somebody is getting

threatening calls, you turn off your phone, or if you get threatening letters in the mail, that you shut down your mail service. Thats not, you cant do that in this day and age. I run non-profits. cannot turn these things off. and thats the point. THE COURT: I use the internet every day. He can turn them off, I cant, I

I want him to turn it off. All right.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q BY MR. BOURS: MR. BOURS: a couple of questions? THE COURT: Sure. CROSS-EXAMINATION

21 If the petitioner is finished, may I ask

Mr. Kimberlin, other than courtrooms, have you ever

seen Mr. Walker near your home or anywhere near you? A Q place? A Q Hes followed me on the internet a lot. No. As in walking behind you, or near you, or Not Mr. Walker. Okay. Has he ever followed you around in any public

anywhere in a public place? A Q A Not that I know of, except right here. You agree, he lives in Virginia, correct? He, he did right here in the courtroom, right outside

the courthouse when he assaulted me. Q All right. That was January 9th. Since May, since

April 19, have you seen him, personally?

Has he been near you

at any time other than in a courtroom, defending one or more of your proceedings? A Q Not him, directly. Okay. And you agree that he puts information about

you on the internet, is that correct? A I, I dont agree with that. I mean, lies are not --

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q He puts information --- lies are not --- out. -- lies are not information. Okay.

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Have you filed a defamation action against him

or any other civil action -A Q A I want to be --- to protect your legal rights? I want to be left alone. I dont want to start more

litigation. Q So you go to a District Court Commissioner at

midnight on a Saturday night to protect your rights by filing a peace order, correct? rights? A Exactly. Thats, thats, thats, thats allowed by Thats your method of protecting your

statute, right here in Maryland. Q And similarly, you filed criminal charges late at Is that correct?

night in front of a Commissioner. A

Because Mr., Mr. Walker was violating the, the Yes.

initial, the initial peace order. Q Yes.

And those charges have also been nolle

prosequied by the States Attorneys Office, correct? A Q Yes. In fact, you filed those charges before Mr. Walker

was even served with a copy of your temporary order?

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q I, I dont recall that.

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In the blog that youve offered to the Court today,

can you cite any specific portion of that blog where Mr. Walker said he was going to assault you or harm you in any way, personally? A Q A Personally?

Hes -Is there any particular page -Over and over, hes said he was going to make me pay,

make me pay, and he went -Q For filing charges against you and other things,

which turned out not to be true, right? A He said he was going to make me pay and he said he

went out and bought two guns, or had two guns. Q And the context on that was, was that he was afraid

of you and he was going to protect himself if you came to his home, correct? A his home. Q A Q Are you familiar with the term, SWAT-ing? Yes. And have you caused Mr. Walker to be SWAT-ed by the I have never been to his home. I would never go to

Fairfax County or Prince William County Police? A Q A That is a despicable claim, and, and -Yes or no? -- and I resent it.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Yes or no? I resent it. He knows I didnt and you know I You are

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didnt, and youre trying to, again, harass me. harassing me just like -Q A Q A Q A Q Im asking if you are responsible -No, you are harassing me. -- for someone calling -This man, this ma, --- the police --- this man -Excuse me, sir.

I am asking you, yes or no, are you

responsible -A Q A Q No. -- directly or indirectly? Absolutely not, and its despicable. So you didnt call or ask somebody else to call and

tell the police that there had been shots fired at Mr. Walkers home, so the SWAT Team would show up there? that? A Q A Youre not responsible for that? Did you do that? Do you know who -I did it as much as you did it. I mean, thats You didnt do

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

know who did?

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A No, I dont. Thats all the questions I have. Thank you. REDIRECT EXAMINATION BY THE COURT:

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Mr. Kimberlin, anything else you want me to consider? Yes. Since Mr. Bours brought up SWAT-ing, Mr. Walker

and a few of his confederates, have falsely, again, accused me of somehow being involving with SWAT-ing him or them, or whatever. My name has been blasted out across the internet for the last three weeks saying that Im somehow responsible for SWAT-ing people, without a shred of evidence. to do with any kind of SWAT-ing. They, they went out there and said, well, this person wrote about Mr. Kimberlin and he was all of a sudden SWAT-ed. Oh, my Lord. Well, you know, 346 people have written about I have nothing

Brett Kimberlin as a result of Mr. Walker in the last month, you know. 2011. And one of these SWAT-ings occurred June 23rd of I

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

mean, and for Mr. Walker to suddenly accuse me of, of SWAT-ing him, is, is another form of harassment. really outrageous. I go home, I take care of my kids, I take care of my wife, I do my job. You know, I dont engage in criminal And, I mean, its

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 activity. I do not do that, I come to Court. When somebody

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harasses me or threatens me, I come to Court. supposed to do.

Thats what Im

I dont engage in criminal activity.

Its not fair to be accused, falsely accused, again, right here in open court, of SWAT-ing, of, of framing people. I dont do those things, and I ask that I be protected by the Courts. You know, I, I shouldnt have -- the only way I can get the 9-1-1 people out there is to say, Ive got a peace order against someone and Ive had them out there three times in the last 30 days. I need a peace order against somebody. Hes the I

I need a peace order against Mr. Walker.

one that started this and hes the one that can stop it. dont write about him.

I dont want him writing about me, and I want him to leave me alone. Ive

I dont want him harassing me.

Thats what the statute says, leave me alone.

asked him over and over, and over, and over, he doesnt want to. He wants me in jail or dead. Q What is your evidence that Mr. Walker wants you in

jail or dead? A blogs. Q A Where? Im not going to stop until Mr. Kimberlin pays, Because he said, he says that over and over in his

until Mr. Kimberlin is taken off the street.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Until what? Mr. Kimberlin is taken off the street.

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That could

be -- I mean, maybe that doesnt mean dead, maybe that means in jail, but he, he says it over and over, and I can, I can point them out to you if you want. Q Well, I sustain the objection to Exhibits 3 and 4 on I have Exhibit 2, which is this.

the lack of authentication. A

I, I believe its in there somewhere and its

probably highlighted in yellow. Q The only thing thats been highlighted in yellow is

the paragraph that says: I also purchased a handgun. I had owned a shotgun

since law school for home defense, but I wanted something I could more easily carry in public. As they say, better to have And I made

it and not need it than to need it and not have it.

sure Kimberlins crew knew I was armed to make them realize that I was not defenseless. I dont see anything else in, highlighted in here. Im sorry. If, I mean, I could, I think I could look At the end of that post he says how

through there and find it.

you can help, and he asks people to contact the States Attorney and pressure the States Attorney to prosecute me for perjury. And I think I could also ask Mr. Walker if he would

authenticate those tweets and, in there, he repeatedly says that he wants me to go to jail.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A stop. All right. No. Anything further, Mr. Kimberlin? Q It says How you can help spread the word far and And the story reads How Brett

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wide about this story.

Kimberlin Tried To Frame Me For A Crime And How You Can Help. Second, you can write to the States Attorney. Third and importantly, I will be setting up a defense fund very soon. Fourth, if you are hiring, I need a job. Fifth, if you donate to his organization, please

I would like to try to authenticate those

tweets, so I can show you that he said it in there many times, that, that I framed him and that I need to be taken off the streets. Q A Q Well, now is your opportunity -Okay. -- to do that. THE WITNESS: Okay. Mr. Walker, will you please

authenticate those tweets? MR. BOURS: THE COURT: THE WITNESS: cant hand it to him. Twitter account. Aaron Worthing -- do you, do you, do you tweet under I object to the form. Sustained. I dont have them in my hands, so I But theyre from Aaron Worthing, the

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kimberlin? MR. KIMBERLIN: Yes. it. a lawyer. the name of Aaron Worthing? MR. BOURS: THE WITNESS: MR. BOURS: try a case, but -THE WITNESS: Im, Im pro se.

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I object to the way hes handling this. Judge, Im pro se. I dont think we have to tell him how to

I, you know, Im not

You know, Im doing the best I can, trying to get to

the truth here. THE COURT: THE WITNESS: All right. Im just simply trying to authenticate I didnt, I didnt

Did he write them or not, you know?

forge them. (Witness excused.) THE COURT: right hand. AARON JUSTIN WALKER, called as a witness on behalf of the plaintiff, having been first duly sworn, was examined and testified as follows: THE COURT: THE WITNESS: THE COURT: And your name is? I am Aaron Walker. All right. Do you have a question, Mr. All right. Sir, stand up and raise your

DIRECT EXAMINATION BY MR. KIMBERLIN:

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 four. questions. THE WITNESS: Okay. Okay. So is this three? evidence. MR. BOURS: Do them by exhibit as you answer the Q

30 Did you write those -- is that your Twitter account, And did you --

first of all? A

I, Im not looking at the document right now. MR. BOURS: THE COURT: May I see, have the document so -Three and --

MR. BOURS: I can just look at it and show it to him. THE COURT: Three and four were not received into

No, this is

So Ill do it by three first.

I do run a Twitter

account under the name Aaron Worthing.

That appears to be it. And

Let me see if these are my actual, authentication here. this will take a few moments here.

I will note that many of these tweets, literally, have nothing to do with Brett Kimberlin, unless hes willing to admit today that he is Bright Bart (phonetic sp.) Unmasked. MR. KIMBERLIN: Objection. All Im asking, if that

came off his Twitter account.

The only tweets were talking

about are Aaron Worthing tweets at this point. (Discussion off the record.) MR. BOURS: Your Honor, in the interest of time, it

appears that Exhibit 3, and -- Your Honor, I dont mean to testify for the client, but it appears that Exhibit 3 are

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 -THE COURT: MR. BOURS: All right. -- Petitioners 4. And -tweets from his Twitter account.

31 But to save the Courts time,

theres just nothing relevant to the violation of the peace order in any of them and they are not directed to the petitioner here. Theyre directed to other bloggers, including

something called, someone called Bright Bart Unmasked, and Padarico (phonetic sp.), and so on. Theres no connection, and

nothing in them constitutes a threat to Mr. Kimberlin. I think when you -THE COURT: All right. Twitter is used to spread

MR. KIMBERLIN: information.

And so what Mr. Walker would do is go on Twitter

and ask other people to spread this, this campaign against me and thats what gin people up. It would just, it would go on, It

and on, and on, and it would, its like a mushroom cloud. would just, expanded and expanded.

And there ended up being

like 31,000 tweets about me in a couple of weeks. MR. BOURS: I think the same thing applies on Exhibit

MR. KIMBERLIN: THE COURT:

All right.

Ill receive three and four.

(The documents marked for identification as Plaintiffs Exhibit Nos. 3 and 4 were received in

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yellow -MR. BOURS: Your Honor, Im objecting, Im still MR. KIMBERLIN: evidence.) Exhibit 4, if, if you look at the

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objecting as to materiality but not to authentication, now that hes -THE COURT: MR. BOURS: All right. -- asked the question. In Exhibit 4, youll see many times

MR. KIMBERLIN:

he talks about taking me off the street, imprisoning me, that I framed him. And I think those are yellow highlighted. Well, the underlying theme in these blogs

THE COURT:

and tweets in Plaintiffs 3 and 4, essentially relate to Mr. Walker or Mr. Worthing protesting his belief that you framed him for a crime he didnt commit and that hes upset about it. And he believes that you are -- his belief that, thats what you did, constitutes perjury. I just havent seen anything in here that would allow me to conclude that hes threatening your, threatening you personally, as far as threatening to harm you or threatening to cause you personal harm. MR. KIMBERLIN: Judge, it has to do with incitement. He understands the, the And he

He understands the internet very well.

kind of people that hes dealing with on the internet.

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

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge. phone. MR. BOURS: THE COURT: I object, hearsay. All right. And this is what Im dealing with,

33 I framed him and that Im somehow some kind of monster, and he dehumanizes me, thats what hes done. Judge. Thats what stalkers do. Hes dehumanized me,

They dehumanize the person so

that other people will come out and attack them, and thats what hes done. And then people can feel good about attacking

me, and threatening me, and threatening my kids. Some of these wackos have called my children on the

MR. KIMBERLIN:

This man could stop this with this, by stopping this The States Attorney has said, they will,

false narrative.

that he will not prosecute me based on his false narratives. So -THE COURT: So the States Attorney has told you -I have the letter --

MR. KIMBERLIN: THE COURT:

-- that they wont prosecute him for Is that right? Hes, he filed charges against

harassment or anything else. MR. KIMBERLIN: No.

me for perjury, saying that the assault never occurred. THE COURT: Yes. The States Attorney wrote him and

MR. KIMBERLIN:

said that Judge Everham has found Mr. Kimberlin credible -MR. BOURS: Object, hes reading from a document.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KIMBERLIN: yourself, Judge. Well, you can read the letter

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And, and told Mr. Walker that hes not, that

the States Attorneys Office is not going to prosecute me for perjury. Mr. Walker does not want to accept that. He wants to

gin up people to come after me and, and accuse me of, of, of falsely saying that he assaulted me. I mean, Judge, you know, your own staff came right outside that courtroom. THE COURT: Did you ask the States Attorney to

prosecute Mr. Walker for harassment? MR. KIMBERLIN: THE COURT: I have.

And what happened to that? Ive, what happened, I, I didnt

MR. KIMBERLIN:

really ask them to prosecute him for harassment. THE COURT: Why not? I asked him to, when he violated the,

MR. KIMBERLIN:

the peace order, I asked him to prosecute him for violating the peace order. THE COURT: Well, I mean, you have handed all of Harassment

these up here, saying this constitutes harassment. is a criminal charge. If -Judge --

MR. KIMBERLIN: THE COURT:

-- you believe all of this constitutes

harassment in the context of the peace order, why havent you gone to the States Attorneys Office to ask them about

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what -THE COURT: All right. -- this whole frame is about, this prosecuting Mr. Walker? MR. KIMBERLIN: Judge, like I said, I asked them,

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them to prosecute him for violating the peace order, the interim peace order that was issued. They said that because I

had a peace order against him, that they were going to nolle pros that case. Thats what they said. They said they have

30,000 cases a year, and as long as I got a peace order against this guy, that they dont want to be involved. they said. And they told Mr. Walker, I have the letter here, that theyre not going to prosecute me for perjury from the assault. You know, I filed the assault charges, your staff, Thats what

you know, came right outside -THE COURT: All right. I know. That goes back to January. But Im just saying, thats

MR. KIMBERLIN:

MR. KIMBERLIN: whole meme of his -THE COURT:

Okay. -- is about.

MR. KIMBERLIN: THE COURT: Anything further? MR. KIMBERLIN: THE COURT:

Were just talking in circles here.

No.

Mr. Bours, anything you wish to say?

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CLOSING ARGUMENT BY REGINALD W. BOURS, III, ESQ. ON BEHALF OF THE DEFENDANT Well, I just want to make the observation that

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nothing he has put in his written petition or application for the peace order, and nothing that he has presented here, violates the peace order statute or is sufficient ground for issuing an order. The peace order statute allows you to do that if my client directly threatens him. Well, that didnt happen.

The stalking part of the statute, the criminal stalking statute, requires personal contact, following him in a public place. He is saying cyber-stalking is what hes

complaining about, but thats not part of the Maryland criminal statute. And if its not part of the Maryland criminal statute

for stalking, its not the basis for issuing a peace order. And as far as harassment is concerned, I think the Court has already seen that there is no harassment within the meaning of Section 3-803 of the Criminal Law Article, which says: A person may not follow another in or about a public place, or maliciously engage in a course of conduct that alarms or seriously annoys the other, with the intent to harass, alarm, annoy the other. Two, after receiving reasonable warning or request to stop by or on behalf of the other and without legal

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 says: This section does not apply to peaceable activity purpose. And the exception written right into the statute

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intended to express a political view or provide information to others. Im not here to argue very much about the Trayvon Martin case, but there are a lot of people that went on the internet and were protesting this failure to prosecute the Trayvon Martin criminal case against the individual who apparently killed Trayvon Martin. And as a result of that

peaceable internet activity, it appears further investigation was done and charges were brought. My client has done nothing more than advocate people notifying the States Attorney that they should prosecute Mr. Kimberlin for perjury. Now, the perjury he was talking about was in connection, primarily, with the criminal charge of assault against him, which was dropped by the States Attorneys Office. But if I could show just a recent example of how loose

this man is with the truth, in a petition for the peace order in this case, when he originally filed it, he was asked, I know of the following cases involving the respondent and me, and he put, the first one was peace order, District Court; year filed, 2012; results or status, on appeal. Thats what

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeals. MR. BOURS:

38 he characterized it at in the application he filed on May 19. Well, in fact, Judge Johnson of this Court, denied it on April 11th. 11th. So when hes filing this document on May the 19th in support of issuing the original peace order, which he filed with the Commissioner late at night -- well, nevertheless, it, hes saying its on appeal. MR. KIMBERLIN: MR. BOURS: hes already lost -MR. KIMBERLIN: MR. BOURS: It is on appeal. Hes not -Granted, you know, ruled in my clients favor on April

It is on appeal.

-- adequately disclosing the fact that

-- in this Court. Its on appeal in the Court of

MR. KIMBERLIN:

Well, be that as it may, nothing that he

has presented here today, nothing that he put in his petition, and nothing that is supported by competent evidence, provides you with clear and convincing proof that my, that hes entitled to a peace order, and I would ask you to so find. MR. KIMBERLIN: THE COURT: Yes. May I respond, please?

CLOSING ARGUMENT BY BRETT KIMBERLIN, PRO SE ON BEHALF OF THE PLAINTIFF Again, the case that hes talking about is on appeal

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me. stop this. alone. stop it. to the Maryland Court of Appeals. sent him copies. Secondly, there is a course of conduct here. an incredible, long course of conduct here. I think he knows that.

39 Ive

Theres

It goes on for

weeks and months, and thousands of tweets and blog posts and everything. Ive asked him over and over to leave me alone.

This does annoy me, it does alarm me, it alarms my family, thats what Im, Im talking about. When I get people calling and saying theyre calling on behalf of Mr. Walker, I dont know if its true, but theyre using his name. I get e-mails, death threats by e-mail, saying

Im writing on behalf of Mr. Walker. MR. BOURS: I object to -I dont know --

MR. KIMBERLIN: MR. BOURS:

-- the extent, hes trying to testify

again instead of arguing his case. MR. KIMBERLIN: What Im saying is, Mr. Walker can

Thats what Ive ask for, turn it off, leave me Thats what the peace order says,

Thats what I want.

And he says hes not contacting me, he is contacting He knows for a fact that when he writes something, it He said many times, oh, Mr.

comes into my e-mail box.

Kimberlin, just turn off your Google alerts and then it wont come to your e-mail box and you wont see this. Well, again,

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thats like saying turn your phone off if youre getting harassing phone calls or shut your mail service down. appropriate.

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Its not

Hes responsible for the conduct of these, these,

this information thats coming to me, and its not just coming to me. Its coming to people that support me and funders, and

thats not right either. You know, my organization is, is doing wonderful work with, with kids, getting them out to vote, and working to help tolerance between different religious factions, and we do really good work. And for him to go out there and ask people

not to fund my organizations because I framed him for a crime that I didnt, you know, all I did was exercise my rights as the police told me to do when I was out there and got assaulted. The police took my iPad away from him, right out in He took it away from me.

front of your courtroom.

And so I did what I was supposed to do, file a peace order, file criminal charges. The States Attorney did what

they decided to do, exercised their discretion and not prosecute it, fine. prosecute it. They told him, were not going to He filed charges

He should have left it alone.

against me twice, they nolle prosed that. He filed a $66,000,000 lawsuit against me, Judge. Hes filed a federal lawsuit against me. and on and on. I mean, it goes on

He wont leave me alone and its all based on I did not frame him. I

his false narrative that I framed him.

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: thats been submitted. got assaulted and end up in the hospital with injuries. JUDGES RULING All right.

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Ive reviewed the testimony

Ive considered the documents that have

been submitted on behalf of Mr. Kimberlin. Mr. Kimberlin is requesting that a, the issuance of a peace order against Mr. Walker on the basis of harassment and/or stalking. stalking. As far as harassment is concerned, the requirement is that there be clear and convincing evidence to satisfy that Mr. Walker has followed another in or about a public place, theres no evidence that Mr. Walker has done that, or maliciously engage in a course of conduct that alarms or seriously annoys the other with the intent to harass, alarm or annoy the other after receiving a reasonable warning or request to stop by or on behalf of the other, and without a legal purpose. The harassment statute goes on to say this section does not apply to a peaceable activity intended to express a political view or provide information to others. Mr. Kimberlin is arguing that the exhibits that have been introduced into evidence constitute harassment, in that this is a course of conduct that alarms or seriously annoys him. He has asked that I consider the Galloway case, which There certainly is no evidence to support

pfa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 finds that the statute is not overly broad. Galloway

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specifically relates to an inmate who sent 122 letters to another person. Based upon everything that I have reviewed, these are blogs or tweets that Mr. Walker has issued that this, Im not satisfied has been directed directly to Mr. Kimberlin. Theyre

about Mr. Kimberlin and about his opinion concerning what he believes Mr. Kimberlin has done that impacts him. But I do not

find that there is sufficient evidence to support harassment that would permit the issuance of a peace order. Accordingly, I am going to deny the request for a peace order. MR. BOURS: THE COURT: MR. BOURS: THE COURT: MALE CLERK: Would the Court award costs? No. Thank, Your Honor. The Court is in recess. All rise.

(The proceedings were concluded.)

pfa

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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