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!”