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MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,


Defendants

AFFIDAVIT OF AARON J. WALKER, ESQ. TO ACCOMPANY HIS MOTION FOR


PARTIAL SUMMARY JUDGMENT AGAINST BRETT KIMBERLIN
1.

My name is Aaron J. Walker, Esq., and I make these statements based upon my

own personal knowledge, except where otherwise noted. I am an attorney in good standing in
Virginia and Washington, D.C. I am over 18 years of age, and if called to do so, I am competent
to testify that the contents of this affidavit are accurate and true.
2.

I hereby state that the contents of my Fourth Amended Complaint are true and

correct to the best of my knowledge, information, and belief. Of course, this Court can only
consider it evidence on matters I have personally observed, but to the extent that it reflects my
personal observations, I hereby verify its accuracy.
3.

Further, this affidavit will generally only address my expression and conduct prior

to July 31, 2013, because that is the only time period potentially relevant to charges filed on July
30, 2013. The repeated use of phrases such as prior to July 31, 2013, should not be read by
implication to admit to any wrongful conduct on or after July 31, 2013; rather, it indicates that
this affidavit is focused only on issues relevant to this case.

4.

Prior to July 31, 2013, I had never committed any act or written or uttered any

words that constitutes harassment under MD CODE Crim. L. 3-803, stalking under 3-802, or
harassment of a minor under 3-805(b)(2). Any allegation to the contrary is rebutted in greater
detail in prior affidavits, and they should be considered in tandem with the accompanying
motion.
I.
SPECIFIC REBUTTALS TO MR. KIMBERLINS APPLICATION FOR STATEMENT
OF CHARGES OF JULY 30, 2013
5.

Attached as Exhibit 8 to my Plaintiffs Motion for Partial Summary Judgment

Against Defendant Brett Kimberlin is a version of the Application for Statement of Charges that
Brett Kimberlin had filed against me on July 30, 2013 (hereinafter the Application), with each
allegation that is untrue, misleading, or irrelevant stricken, based on my uncontested evidence.
This affidavit will provide most of that uncontested evidence and will go line-by-line (with Mr.
Kimberlins allegations in boldface) explaining why each allegation should be stricken.
A.

[Mr. Walker] stalked, harassed and suborned perjury by preparing false charges
against me. (Application, p. 1)
6.

The claim that I stalked or harassed anyone prior to July 31, 2013, has already

been denied. I also had never suborned perjury by any method prior to July 31, 2013, and, prior
to July 31, 2013, I had never knowingly prepared any false documents for any person.
7.
B.

Based on those denials, I have stricken that entire sentence from Exhibit 8.

He has harassed me online, stalked my wife, and exacerbated her mental illness,
and followed me in court. (Application, p. 1)
8.

The claim that I harassed Mr. Kimberlin has already been denied.

9.

Prior to July 31, 2013, I had never stalked Tetyana Kimberlin. During July of

2013, I did occasionally approach her or walk in the same direction as her, but this was always in

the context of providing help as her attorney1 or as a compassionate, helpful human beingand
always with her consent. For instance, Mr. Hoge eventually arranged for her to have local
counsel, Zoa Barnes, Esq. When the time came for Mrs. Kimberlin to first meet with Mrs.
Barnes, Mrs. Kimberlin informed me that she had no transportation to Ms. Barnes office in
Carroll County, Maryland. My wife and I offered to drive her there, and she accepted. We first
took her to Ms. Barnes office. Afterward, Mr. and Mrs. Hoge (who live in Carroll County)
offered to treat all of us to dinner at a local establishment. After supper, we returned her to her
apartment. All told, we spent around six hours with her that day. This demonstrates the level of
comfort she demonstrated around my friends, my wife, and me.
10.

I probably spent around twelve hours in Mrs. Kimberlins presence as I helped

her. In all of that time, I saw no sign that Mrs. Kimberlin suffered from any mental illness. I am
not a trained psychologist, psychiatrist, or any other kind of expert in mental health, so I know
this cannot be accepted as a diagnosis. But it can be accepted as evidence of my state of mind.
If Mrs. Kimberlin had any mental illnessand I firmly believe she did notI observed no
evidence of it.
11.

In any case, prior to July 31, 2013, nothing I had said, written, or done, was

intended to exacerbate any such mental illness in Mrs. Kimberlin, if it existed, and prior to July
31, 2013, I had not said, written, or done anything that a reasonable person would think had that
intent.
12.

Based on those denials, I have stricken that entire sentence from Exhibit 8.

I will note that I did not do any legal work for her in the state of Maryland.
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C.

Aaron Walker has been stalking me for at least 18 months. (Application, p. 2)


13.

The claim that I had stalked Mr. Kimberlin prior to July 31, 2013, has already

been denied. Accordingly, I have stricken that entire sentence.


D.

He has filed close to a dozen frivolous lawsuits, criminal charges and peace orders
against me, all of which were denied or dismissed. (Application, p. 2)
14.

I had done no such thing. As of July 19, 2013, I had only filed two ordinary

lawsuits, one peace order, and two Applications for Statement of Charges. None of them were
frivolous. However, it is true that all of them were denied or dismissed.
15.

Based on these denials, I have stricken claims that there were close to a dozen

suits, or that they were frivolous.


E.

He has written hundreds of posts and tweets about me falsely accusing me of


crimes such as swatting, perjury, pedophilia, rape, and harassment. (Application,
p. 2)
16.

Prior to July 31, 2013, I had written hundreds of posts and tweets about Mr.

Kimberlin. However, none of them were knowingly false.


17.
F.

Based on this denial, I have stricken everything after the word me.

He follows me in court hearings that do not involve him, and he has offered my
mentally ill wife things of value to sign false documents prepared by him and his
associate William Hoge. These documents are perjurous and intended to harass
me. (Application, p. 2)
18.

Prior to July 31, 2013, I had never followed Mr. Kimberlin in court hearings,

whether they involved me or not. Prior to July 31, 2013, I had never offered his wife anything of
value beyond my pro bono legal helpwhich she accepted. Prior to July 31, 2013, I had never
conditioned that help on her being willing to sign false documents. Prior to July 31, 2013, I had
not said, written, or done anything that a reasonable person would think had the intent of

suggesting or implying that I would provide a thing of value to Mrs. Kimberlin in exchange for
making a false statement.
19.

I have previously denied having any knowledge of any mental illness on the part

of Mrs. Kimberlin.
20.

I had also never knowingly prepared false documents for Mrs. Kimberlin. First, I

didnt prepare any documents, so much as help her to prepare her own documentsalways
doing my work in Virginia. Second, I never helped her prepare documents that were false.
21.

Additionally, prior to July 31, 2013, I had never prepared or helped to prepare any

documents for the purpose of harassing Mr. Kimberlin, and, prior to July 31, 2013, I had not
prepared or helped to prepare any documents that a reasonable person would think had that
intent.
22.

Finally, any allegation against Mr. Hoge is irrelevant, because there is no

allegation that Mr. Kimberlin made that would make me vicariously liable for what Mr. Hoge
allegedly did, prior to July 31, 2013. However, prior to July 31, 2013, I did not conspire with
Mr. Hoge to commit any criminal or tortious act, solicit Mr. Hoge to commit any criminal or
tortious act, aid and abet Mr. Hoge in the commission of any criminal or tortious act, or approve
of Mr. Hoge committing any criminal or tortious act. On the other hand, prior to July 31, 2013, I
never observed any evidence that Mr. Hoge had committed any criminal or tortious act.
23.
G.

Based on the foregoing, I have stricken both sentences.

He is publisher [sic] of a blog called KimberlinUnmasked, which publishes daily


false attacks on me. (Application, p. 2)
24.

Prior to July 31, 2013, I was not the publisher of a blog called

KimberlinUnmasked. I have no non-privileged information on who the publisher of that site was

during that period. That is not to imply that I have privileged information on the subject, just
that the non-privileged information at my disposal does not include this information.
25.
H.

Based on this denial, I have stricken that entire sentence.

He is publisher of another blog called Allergic2Bull that publishes regular false


attacks on me. (Application, p. 2)
26.

Prior to July 31, 2013, I was the publisher of a blog called Allergic to Bull, so

Mr. Kimberlin got the title trivially wrong.

Further, if by attacks, he means negative

journalistic reporting and/or criticism, then that claim is true. However, prior to July 31, 2013, I
had never published false statements about Mr. Kimberlin.
27.
I.

Based on the foregoing, I have eliminated the word false from that sentence.

Aaron Walker in July 2013, has been stalking and harassing me by meeting with,
advising and preparing court documents for my wife Tetyana that are false.
(Application, p. 2)
28.

The claim that I had committed stalking or harassment against Mr. Kimberlin has

already been denied, as has the claim that I had prepared or helped to prepare any false legal
documents. The claim that I met with and advised his wife is obviously true, but Mr. Kimberlin
omitted the crucial context that I was a lawyer and that she was at the time in a custody dispute
with Mr. Kimberlin. Therefore that accusation was misleading. It is also worth noting that my
meetings for advice and legal aid were done outside of Mr. Kimberlins observation. He had no
idea what I was doing for his wife: he was simply guessing.
29.
J.

Based on the foregoing, I have stricken that entire sentence.

My wife has a long history of mental illness and Mr. Walker is taking advantage of
and exploiting that mental illness to stalk and harass me through her using a course
of conduct and pattern of criminal activity. (Application, p. 2)
30.

I have previously denied stalking or harassing Mr. Kimberlin, and I have denied

having any knowledge of any alleged mental illness on Mrs. Kimberlins part. Further, I had
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never said, wrote, or done anything that would take advantage of such alleged mental illness,
and, prior to July 31, 2013, I had never said, written, or done anything that a reasonable person
would interpret as having that intent. I also had never engaged in a pattern of criminal activity,
either individually or through Mrs. Kimberlin, and, prior to July 31, 2013, I had never said,
written, or done anything that a reasonable person would interpret as having that intent.
31.
K.

Based on these denials, I have stricken that entire sentence.

I have repeatedly told Mr. Walker to leave my family and me alone but he will
not. (Application, p. 2)
32.

Prior to July 31, 2013, Mr. Kimberlin never told me to leave his family alone.

Despite not being told to do so, however, I had left his family alone. The only contact I had with
his family prior to July 31, 2013, was with Mrs. Kimberlin, helping her as an attorney and as a
Christian and with her consent. To the extent that Mr. Kimberlin is suggesting I had not left his
wife alone, he withheld from the Commissioner the fact that his wife was in a custody fight with
him and that I am a lawyer, which would have suggested an innocent explanation for my contact
with her, and, therefore, the allegation is misleading. To the extent that he suggested that I had
not left the rest of his family alone prior to July 31, 2013, his claim was false.
33.
L.

Based on these denials, I have stricken that entire sentence.

He is obsessed with attacking me using the most vile and untrue statements and
accusations. (Application, p. 2)
34.

I have already denied making any untrue statements about Mr. Kimberlin.

Further, prior to July 31, 2013, I was not obsessed with anything.
35.

Based on these denials, I have stricken that entire sentence.

M.

On July 12, 2013, he prepared a false custody complaint against me by falsely


stating that my wife was my childrens primary caretaker, with a strong bond who
is fit for custody. In fact, my wife is barely able to care for herself. (Application,
p. 2)
36.

Prior to July 31, 2013, I did not prepare or help prepare a custody compliant

fitting this description.


37.
N.

Based on this denial, I have stricken both of those sentences.

On July 27, 2013, he prepared a false protective order for her stating that I raped
my wife in 1996, confined her against her will for seventeen years, and used violence
against her. (Application, p. 2)
38.

Prior to July 31, 2013, I did not prepare or help prepare a petition for protective

order fitting this description.


39.
O.

Based on this denial, I have stricken that entire sentence.

He suborned perjury by offering her things of value to swear out those false
charges. (Application, p. 2)
40.

I had already denied offering her anything of value to sign false documents or

preparing or helping to prepare false documents.


41.
P.

Based on these denials, I stricken that entire sentence.

Mr. Walkers conduct is exacerbating my wifes mental illness and pushing her
toward actions that could result in death or serious bodily injury to my wife.
(Application, p. 2)
42.

I have already denied that I had exacerbated any alleged mental illness. Further,

prior to July 31, 2013, I had never said, written, or done anything that urged Mrs. Kimberlin to
take actions that could result in death or serious bodily injury, and, prior to July 31, 2013, I had
never said, written, or done anything that a reasonable person would interpret as having that
intent. The sole exception that statement is that prior to July 31, 2013, I had encouraged her to
stand up to her husband. Given Mr. Kimberlins violent criminal history, standing up to Mr.
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Kimberlin can be hazardous to ones health. However, if that is what Mr. Kimberlin meant by
his allegations, then he inappropriately withheld this information from the Commissioner,
rendering this claim misleading.
43.
Q.

Based on the foregoing, I have stricken that entire sentence.

He is manipulating her in a negative way that could cause her to attempt to commit
suicide, or to strike out and harm my children or me. (Application, p. 2)
44.

Prior to July 31, 2013, I had never manipulated Mrs. Kimberlin, and, prior to July

31, 2013, I had never said, written, or done anything that a reasonable person would interpret as
having the intent to manipulate her. Prior to July 31, 2013, I had never seen any sign that Mrs.
Kimberlin was contemplating harm to herself or anyone else. Prior to July 31, 2013, nothing I
said, wrote, or did was intended to cause Mrs. Kimberlin to harm herself or others, and, prior to
July 31, 2013, I had never said, written, or done anything that a reasonable person would
interpret as having that intent.
45.
R.

Based on those denials, I have stricken that entire sentence.

Mr. Walker has been using the Internet, blogs, Twitter, and other electronic means
to stalk and harass me. He is doing this to harm me and my reputation, and destroy
[m]y business and ability to earn a living. (Application, p. 2)
46.

The claim that I had stalked or harassed Mr. Kimberlin is repetitious and

previously denied. Further, since I didnt harass or stalk Mr. Kimberlin, I naturally didnt stalk
him for the purposes he assigned to me in this allegation.
47.

Based on those denials, I stricken that entire sentence.

S.

The above conduct violates the following Maryland Criminal Statutes: Section 3803Harassment[,] Section 9-102Subornation of perjury[,] [and] Section 9-306
Obstruction of justice. (Application, p. 2)
48.

In addition to my previous denials that I had committed harassment or

subornation of perjury, prior to July 31, 2013, I also have not committed any act that constituted
obstruction of justice.
49.

Based on those denials, I have stricken that entire sentence.

50.

That is the last of the specific rebuttals to Mr. Kimberlins Application, and as this

Court can see, nearly every line in the Application is false or misleading. The truthhowever
little of it that there is in the Applicationdid not justify the issuance of charges.
II.
DAMAGES ARISING FROM MR. KIMBERLINS APPLICATION FOR STATEMENT
OF CHARGES OF JULY 30, 2013
51.

I have been damaged as follows. First, although I put on a brave face in public, it

was upsetting to be falsely charged by Mr. Kimberlin yet again.


52.

To put this in some perspective, some background is needed. Previously, Mr.

Kimberlin had attempted to frame me for assault. Essentially, he had falsely claimed that I had
beat him up outside of Judge Rupps courtroom. He even produced alleged medical records and
photographs purporting to show such injuries.

He also repeatedly perjured himself when

discussing the alleged assault. However, Mr. Kimberlin forgot that there are security cameras in
the Montgomery County Circuit Courthouse, and when that footage emerged, I was completely
exonerated.
53.

At that point in time, I went to the Commissioners office and swore out an

Application for Statement of Charges of my own related to Mr. Kimberlins attempt to frame me
for a crime. I believed that once the States Attorney of Montgomery County (hereinafter

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SAMC) learned of how they had been used by Mr. Kimberlin, that Mr. Kimberlin would feel
their full wrath. I know if someone duped me into wrongfully harming another, I would be
angry, and I would do everything in my power and within the law to see to it that wrongs were
redressed and the wrongdoer regretted what he or she did.
54.

Despite the overwhelming evidence in my favor, the SAMC decided to nolle

prosequi the case, sending me an insulting letter suggesting that this was some kind of mere
spat instead of vile criminal conduct on Mr. Kimberlins part. This angered mea crime had
been committed against me, and they were refusing to take it seriously. Therefore, I protested by
going public with my story.
55.

As a result, Mr. Kimberlin filed for a temporary peace order against me, claiming

it was somehow criminal harassment to write negative stories to a general audience. I will not
recount how Mr. Kimberlin obtained a blatantly unconstitutional final peace order against me,
but I will note that then I was arrested based on false charges that I had violated the temporary
peace order.

That was the first time in my life that I had been arrested.

Consider how

outrageous that is: I went to the public seeking justice, and Maryland was duped by this criminal
into treating my free expression as a crime.
56.

After those charges were dropped, my attorney at the time, Reginald Bours III,

Esq., assured me that the States Attorney wrote a letter to the Commissioners office telling
them not to accept any more Applications for Statement of Charges from Mr. Kimberlin. I do
not offer this to prove it is true, but to show my state of mind. I had believed I would not be
charged again.
57.

However, that turned out to be a false hope. Having that hope dashed contributed

significantly to how upsetting it was to be charged again.

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58.

Further, there can be little doubt that Mr. Kimberlin intended precisely that effect.

Attached as Exhibit 4-A to this affidavit is a copy of the Plaintiffs Response to Defendant DB
Capital Strategies Motion to Dismiss filed by Mr. Kimberlin in Kimberlin v. National Bloggers
Club, et al. (I), No. GJH-13-3059 (D. Md. 2013) (ECF No. 30).

In that document, Mr.

Kimberlin himself says in paragraph 50 that: There are not many things in this country worse
than being falsely accused of crimes and logic dictates that convincing the government to make
the false accusation is even crueler.

Thus, by his own admission, Mr. Kimberlin was

intentionally doing to me what he believed to be one of the worst things a person could do to
another. There is no way to quantify this kind of pain and suffering, so I have asked for
$100,000 total.
59.

Further, in order to put an end to this outrage against freedom of expression and

the right to be represented by counsel, I ask for high punitive damages, based on the reasoning
presented in the accompanying motion for summary judgment.
III.
MR. KIMBERLIN STALKED MY WIFE
60.

Starting immediately after Mr. Kimberlin obtained his unconstitutional peace

order, I began to be contacted by a man named William Schmalfeldt, initially via Twitter. I
quickly suspected that Mr. Schmalfeldt was associated with Mr. Kimberlin because he kept
trying to goad me into violating the unconstitutional prior restraint on my speech under a peace
order Mr. Kimberlin obtained. Today, his association with Mr. Kimberlin is an admitted fact.2
2

See Exhibit 4-B, a copy of the instant Defendants Defendant Kimberlins Reply to Plaintiffs
Opposition to Vexatious Litigant Finding (Dkt. No. 47/2) filed in Hoge v. Kimberlin, et al., No.
C-16-70789 (Md. Carrol Co. Cir. Ct. 2016). In paragraph one of the motion, the instant
Defendants claim that the plaintiff in that case was misleading the court on the number of legal
actions filed against Defendants and their associates. The instant Defendants cite an Exhibit A
in an attempt to rebut the claim, which is an unattested letter by William Schmalfeldt. Thus, by
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Mr. Schmalfeldts antics went on for months until in February, 2013, he crossed the line by
making a threat that seemed to be tied to an annual event called BlogBash. Therefore, on
March 1, 2013, I drove to Howard County, where Mr. Schmalfeldt resided at the time, to file a
petition for a peace order and to take other actions.
61.

My wife, Mary Bravo, accompanied me on this trip. Ever since Mr. Kimberlin

attempted to frame me for a crime, I have made sure I have been accompanied by someone on
every trip to Maryland to make it more difficult for Mr. Kimberlin try to frame me again. Most
of the time, my wife has served in this role.
62.

At the Howard County District Courthouse, I filed a petition against Mr.

Schmalfeldt and was told to wait for the relevant courtroom to open. If memory serves, it was
closed for lunch. As my wife and I waited, I became aware that the petition had shown up on the
Maryland Judiciary Case Search and that one of Mr. Kimberlins allies had noticed it, discussing
the matter on Twitter.
63.

The Howard County District Courthouse has a large, curved glass wall with

several chairs in front of it, and the glass is treated so that from the outside it is difficulty to see
inside but from the inside the view is fairly clear. While I was looking out of that window, I saw
Mr. Kimberlin approaching the courthouse; because of the way the glass is treated and judging
by Mr. Kimberlins demeanor, I do not believe he saw me. Wanting to keep my wife far away
from this violent bomber with a grudge, I told her to go wait in the car, assuming Mr. Kimberlin
was there to watch the hearing. Meanwhile, to protect myself I went over to an area near the

the Defendants own admission, they are associated with Mr. Schmalfeldt. Although the copy
provided is not certified, if there is any question to its authenticity Mr. Walker will be happy to
provide a certified copy.
13

security station at the front door to wait. Mr. Kimberlin came into the courthouse, but when he
later left the courthouse, I did not see him.
64.

The next thing I knew I began receiving text messages from my wife telling me

that Mr. Kimberlin was terrorizing her at our car. I later learned these messages arrived after
several minutes delay because of the poor reception my phone had in that spot in the
courthouse. By the time I went out, he was not immediately visible. I called her on my phone as
I exited the building and she ran to my arms, terrified and crying. I say that reluctantly, because
I know that Mr. Kimberlin will enjoy the sense of power he gets from reading that.
65.

As she cried, she told me that she had sat in the passenger side of our car and that

Mr. Kimberlin had approached our car (our car was probably the only one in the lot with
Virginia plates). She told me that he had seen her in the car, and walked partially around the car.
Then he went back to his car, drove around, and parked directly in front of her, appearing to take
photographs with his iPhone. She told me that she was terrified, afraid to get out of the car
because she knew of his reputation and that she couldnt drive away because she was on the
passengers side and it was difficult to climb over the console to the drivers side. She was too
frightened to exit the car.
66.

I immediately called the police as Mr. Kimberlin fled the area. After speaking

with the police, we also called William Hoge III. He arrived soon after, taking time off work,
and provided valued support and assistance. We both told him what happened. Later that
evening, I saw photographs that could only have been taken by Mr. Kimberlin on the website
BreitbartUnmasked.
67.

Mr. Kimberlin, who has gone on and on falsely accusing me of saying Kelsie

Kimberlin should be targeted for destruction, had no compunction about terrorizing my wife in

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order to get to me. It is for this reason I ask this Court to protect my wife and both of our
families from Mr. Kimberlins terror.

I, Aaron Walker, solemnly affirm under the penalties of perjury that the contents of the
foregoing paper are true and that all attachments are true and correct copies of the originals.

Dated:

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