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So, a synopsis: "Happy Springtime (Bush Is Over)" is more than five minutes of John 'n' Yoko footage, of birds fluttering past a billboard reading "Imagine Peace" and of beautiful children singing, cherubically, "Buuush is ooover!" which, incidentally, is also what their T-shirts say. "Bush Is Over. If You Want It." A credit at the end leads viewers to Justice Through Music, a civic engagement nonprofit run by Kelsie's father.
Petitioner, Brett Kimberlin, appeals the district court's dismissal of his second petition for a writ of habeas corpus alleging that respondent, United States Parole Commission ("the Commission"), violated his due process rights by vindictively redetermining his parole release date and failing to show good cause for a substantial upward departure from the parole guidelines. 798 F.Supp. 472. Finding no merit in these arguments, we affirm.
Kimberlin was convicted as the so-called "Speedway Bomber," who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife's leg. He was hospitalized for six weeks, during which he was forced to undergo nine operations to complete the amputation of his leg, reattach two fingers, repair damage to his inner ear, and remove bomb fragments from his stomach, chest, and arm. In February 1983, he committed suicide.
After being convicted of the bombings and related offenses, Kimberlin was sentenced to a fifty-year term of imprisonment for manufacturing and possessing a destructive device, and malicious damage by explosives with personal injury in violation of 26 U.S.C. §§ 5861(d) and (f), and 18 U.S.C. §§ 844(f) and (i). He received a concurrent twelve-year sentence for impersonating a federal officer, illegal use of a Department of Defense insignia, and illegal use of the Presidential Seal in violation of 18 U.S.C. §§ 912, 701, and 713, respectively, and a five-year term for receipt of explosives by a convicted felon in violation of 18 U.S.C. § 842(i)(1). Finally, he was given a four-year sentence by the United States District Court for the Southern District of Texas on an earlier, unrelated conviction for conspiracy to distribute marijuana.
Kimberlin's sentences were aggregated by the Bureau of Prisons and, pursuant to 28 C.F.R. § 2.5, were treated by the Commission as a single aggregate sentence of fifty-one years, six months, and nineteen days. He received an initial parole hearing by a two-person panel of the Commission on July 28, 1988.
you know, you read this
and you think you know... but I know Brett... and I know the story of his arrest and what really happened. he has been funding the voter fraud allegations, the afterdowningstreet people, etc... you simply don't know what you are talking about. oh, and he was also the same person who found Clint Curtis, and Diebthroat. wow, he must be a con man after all.
I understand... I am not
trying to attack you, i am simply shocked to see this, that is all. the latst time this came up was in a threat made tot him over his protest of the baker/carter election commission. so i apologize if i seem to be in attack mode, i am not at all. i am just shocked and surprised. anyway, i agree that you have a right to ask questions and i provided the answer below down thread. i wish this whole post could be deleted because the man has been through a great deal already. anyway, sorry if i seemed to attack. not my intention.
Only say that he was wrongly convicted, released, sued the government and won. As part of the agreement, he cannot discuss the particulars publicly. By the way, the real interest in those articles calling him a con man is that no one points out that he was the guy who - during the Regan/Quayle election, who came forward and blew the whistle on Dan's little drug problem... see, Brett sold him dope. I wonder why a guy who sued the government and won would suddenly be a con man? Swift boat anyone?
Anyway, I know him. I vouch for him. The reason he has so little money by the way, is that he spends it all on promoting causes, like election fraud. He helps Brad Friedman, Clint Curtis, and so forth.
Take it or leave it, but for what it is worth, I vouch for him.
convicted wrongfully and he even served time for something he did not do while is attorneys fought the conviction... it was overturned, he was exhonirated, and then he sued and won!
he was put into jail because he was talking about Danny Quayle's drug habbit... welcome to Amerika
Date / Time: 1/24/2008 1:00 AM
The L.A. Steel Show
Politically Independent talk show , activism, alternative news,and interviews with authors, activists, politicians and researchers. Tonight we interview Brett Kimberlin, the man behind e-voting investigations of BradBlog.com and the investigative internet journal Raw Story.com. Brett is a musician and was recently waterboarded for a music video. Interview is pre recorded.
APPEAL NO. 82-1025
A. TESTIMONY OF WITNESSES INTERVIEWED UNDER HYPNOSIS
A principal issue arises from the fact that six witnesses had been hypnotized during the investigation of the bombings in the fall of 1978....
Examination of the explosion sites revealed components of the explosive devices. DuPont Tovex 200 high explosive was identified at the sites of Nos. 1, 2, 4, 6, 7 and 8. At No. 3 there was identified a high explosive of the water gel type which could be Tovex. Leg wires from DuPont electrical blasting caps were found at Nos. 1, 3, 4, 5, 6, 7 and 8.
Defendant had been engaged in construction on his land in rural Jackson County, Indiana, and engaged an architect for that work. Certain blasting was decided upon. On May 14, 1975, defendant was present when the architect purchased 86 sticks of Tovex 200 and 50 blasting caps with leg wires. Between 13 and 22 sticks of Tovex were used on defendant's project. Confer, one of defendant's business associates, testified that in July, August, or September, 1975 defendant asked him to help unload a truck. In the process defendant warned Confer about two cardboard boxes of explosives in the trunk. He said these were some the architect had purchased for him and that the caps were in the cab. There was testimony by persons who worked on defendant's land that they observed no use of explosives on the property after the initial blasting.
There was testimony that monomethylamine nitrate (MMAN) is found in DuPont Tovex and Tovan, and those are the only products containing it. Traces of MMAN were found in swabbings taken from defendant's Mercedes automobile in December, 1978 and from a blue over white Chevrolet Impala searched September 21 and used by defendant from about September 13 to 20. Although it is possible for MMAN to exist in natural materials, there was expert testimony that its concentration would be too low for detection.
Patricia Strait is the sister of Sandra Barton, defendant's friend and one of his alibi witnesses. She lives a short distance from Austin, Texas. On March 10, 1979, Patricia was working in her yard and pulled out from under a tree three DuPont blasting caps and 14 sticks of Tovex 200. There was evidence that defendant had been in the general vicinity during the period from September to December, 1978. Although there had been an attempt to obliterate the date shift code on that Tovex, ATF analysts testified that it was the same as that on the Tovex purchased May 14, 1975.
Examination of the explosion sites also revealed a Mark Time timer at Nos. 6 and 8, and timer parts consistent with 60 minute Mark Time or Micronta timers at Nos. 1, 2, 3, 4, 5 and 7....
Four Mark Time timers, altered so as to start an electric device rather than turn one off, were found in the trunk of the Impala on September 21, 1978, and two timers were found by Patricia Strait in her yard March 10, 1979.
The affidavit was carefully detailed. Personal observations and information from named officers and others were described. Complete repetition here is unnecessary. Lucas had been called to a printing establishment. He observed defendant wearing clothing with badges and insignia. The insignia was identical to that of the Security Police of the Defense Department. Defendant had in hand a facsimile of the Presidential Seal and other documents, one or more of which he attempted to chew up. He had been at the establishment the day before to have copies of the documents printed. He had been wearing the same clothing. At the printer's instructions, he had returned to give final approval of the layout. Army investigators were also present. They had just previously observed defendant drive the Impala into the parking lot and enter the establishment. The Impala had remained there since defendant's arrest.
Concededly, Agent Lucas did not claim that anyone had observed badges, identification cards, insignia, or facsimiles within the Impala. The documents he had seen in defendant's possession had been in the print shop since the day before. Under the circumstances, however, it seems reasonable to believe that similar badges and documents and related items had been left inside the automobile. We think the magistrate could reasonably find probable cause.
At the 1980 trial of all counts, defendant was acquitted of Count 25. There it was charged that he, having been convicted of perjury, knowingly transported two boxes of .223 caliber Remington ammunition from Ohio to Indiana.
The government's proof was that this ammunition was found in the Impala in the search on September 21 in Indianapolis; that like ammunition had been sold a few days earlier to a person, not identified, by a store in Dayton, Ohio; that defendant was observed driving the Impala in Dayton September 17, and in Indianapolis September 21. The government also proved that a person using the name Eaton purchased the Impala in Dayton on September 13 from a dealer named Wiltheiss. The government expected Wiltheiss to identify defendant as the purchaser, but he identified someone else at the first trial. There was other evidence, however, of defendant's driving the car in Ohio.
The government expected the jury to infer from defendant's possession of the car in Ohio and later in Indiana, the purchase of the ammunition in Ohio and its later presence in Indiana, that defendant, or someone acting for him, had driven the car from Ohio to Indiana, and that defendant knew the ammunition was in the car.
The government produced evidence that defendant purchased and possessed uniforms, badges, and other items related to his impersonation of Defense Department security personnel. He was engaged in this project at the time of his arrest, moments after stepping out of the Impala which he had driven to the scene.
Defendant objected, and argues that the evidence was irrelevant, or at least that its probative value was substantially outweighed by the danger of unfair prejudice.
Other evidence very clearly showed that defendant had driven the Impala in Ohio and Indiana as early as September 13 and as late as September 20. When he took the stand he so testified. A very much disputed issue was whether he had access to the trunk of the vehicle, where the incriminating evidence was found.
The fact that some of the "impersonation" items were also found in the trunk made highly relevant and probative on this issue of access the evidence that defendant purchased and possessed such materials. We are also satisfied that possible unfair prejudice did not outweigh their probative value. Defendant argues that the admission of the impersonation material forced him to offer an explanation. The explanation was that they were to be used to facilitate a marijuana smuggling operation he was carrying on, centered in Texas. Under the circumstances, we do not agree that possible prejudice from his explanation was chargeable to the government, or caused the probative value of this evidence to be outweighed.
Reference has been made to the testimony of Lynn Coleman. Coleman had not testified at the 1980 trial. He was called by the government at the third trial and identified Kimberlin as the person he had seen at the site of the September 1 explosion. Defense trial counsel made no objection nor motion to strike....
Coleman testified that no government agent had shown him a picture of defendant. He had seen defendant's picture on television at the time of his arrest and later.
ATF Agent Donovan testified that in a search of defendant's home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.
Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.
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