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{{Short description|American drug trafficker and political activist (born 1954)}} | |||
{{Infobox criminal | {{Infobox criminal | ||
| name = Brett Kimberlin | | name = Brett Kimberlin | ||
| image_name = |
| image_name = | ||
| image_caption = |
| image_caption = | ||
| alt = Brett Kimberlin's 1973 mugshots | | alt = Brett Kimberlin's 1973 mugshots | ||
| birth_date = {{Birth year and age|1954}} | | birth_date = {{Birth year and age|1954}} | ||
| birth_place = | | birth_place = | ||
| conviction = Felony perjury, manufacturing and possessing a destructive device, malicious damage by explosives with personal injury, impersonating a federal officer, illegal use of a Department of Defense insignia, |
| conviction = Felony perjury, manufacturing and possessing a destructive device, malicious damage by explosives with personal injury, impersonating a federal officer, illegal use of a Department of Defense insignia, illegal use of the presidential seal, receipt of explosives by a convicted felon, conspiracy to distribute marijuana. | ||
| motive = | | motive = | ||
| conviction_penalty = 51 years in prison | | conviction_penalty = 51 years in prison | ||
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}} | }} | ||
'''Brett Kimberlin''' (born 1954) is |
'''Brett Kimberlin''' (born 1954) is an American political activist who was convicted in 1980 on drug charges and of perpetrating the 1978 ]. Since his release from prison, Kimberlin has co-founded the ] Justice Through Music Project and the activist organization Velvet Revolution. He has also been involved in various legal disputes, including those associated with a claim that he supplied marijuana to ]. | ||
==Personal life == | |||
During the 1970s, Kimberlin owned a business in Broad Ripple Indiana selling vegetarian health foods and earth shoes. He also ran a successful drug business. He had a relationship with a pre-teen girl during that time, with the last name Barton. News accounts differ on her first name. Her grandmother, Julia Scyphers, strongly objected to the relationship which included three consecutive weeklong vacations between 1974-1976 to Disney World, Mexico, and Hawaii and had her granddaughters move in with her, forbidding further contact. Kimberlin was reportedly despondent at this turn of events and threatened suicide. After Julia Scyphers was murdered in 1978 Kimberlin became a person of interest in the crime but the murder has still not been solved.<ref>http://theothermccain.com/2012/07/05/when-jessica-was-10-11-12/</ref> | |||
== Criminal convictions == | == Criminal convictions == | ||
{{See also|Speedway bombings}} | {{See also|Speedway bombings}} | ||
Shortly after graduating from high school, Kimberlin was convicted in 1973 of felony perjury for lying to a grand jury investigating drug trafficking.<ref name="CitizenK" |
Shortly after graduating from high school, Kimberlin was convicted in 1973 of felony perjury for lying to a ] investigating ].<ref name="CitizenK"/> Kimberlin had been called before a grand jury investigating drug use at his high school and was convicted for testifying that he had not sold ].<ref name="newy921005"/><ref name="law805f2d210"/> Kimberlin served only 21 days of a one-year sentence on this charge.<ref name="tny2"/> | ||
By 1976, Kimberlin's drug business was grossing hundreds of thousands of dollars a month.<ref name="SingerP57">Singer 1996, p. 57.</ref> |
By 1976, Kimberlin's drug business was grossing hundreds of thousands of dollars a month.<ref name="SingerP57">Singer 1996, p. 57.</ref> He invested his drug money profit in such businesses as a retail ], a vegetarian restaurant, and an ] franchise.<ref name="SingerP57"/><ref name="GeLarden" /> However, Kimberlin became a suspect in the murder of Julia Scyphers, the mother of a friend/employee of his in ], in 1978.<ref name="GeLarden" /><ref>Singer 1996, p. 58.</ref><ref name="Part2" /> | ||
In the first six days of September 1978, a ] struck Speedway. Initially there were no injuries; however, the last bombing led to the amputation of Vietnam veteran Carl DeLong's right leg, |
In the first six days of September 1978, a ] perpetrated by Kimberlin struck Speedway. Initially, there were no injuries; however, the last bombing led to the amputation of Vietnam veteran Carl DeLong's right leg, and left DeLong and his wife with several other injuries that required significant hospitalization and rehabilitation.<ref name="Part1"/> DeLong committed suicide in February 1983.<ref name="Part2"/> Investigators traced the Mark-Time timer and the ] used in the bombings to Kimberlin, and he was placed under surveillance.<ref name="GeLarden"/><ref name="Part2" /><ref>Singer 1996, pp. 59-60.</ref> The police believed that Kimberlin had conducted the Speedway bombings to divert attention from the murder investigation.<ref name="Part1" /> | ||
On September 20, 1978, Kimberlin was |
On September 20, 1978, Kimberlin was arrested by the FBI for entirely different charges—possession and illegal use of ] insignia, illegal use of the ], and impersonation of a federal officer, after the FBI received a tip from a print shop owner.<ref name="GeLarden" /><ref name="Part2" /><ref name="SingerP60">Singer 1996, p. 60.</ref> Between one and two weeks later, he was released although the charges were not dismissed.<ref name="GeLarden" /><ref name="SingerP60"/> A few months later, on February 16, 1979, Kimberlin was at a makeshift airport in Texas to supervise the unloading of an airplane when bad weather and low fuel led the airplane's crew to jettison a shipment of 10,000 pounds of marijuana from Colombia (in 50-pound bales) over a wide area of southeastern Texas so the plane could land at a real airport.<ref name="GeLarden" /><ref name="SingerP60"/> Kimberlin was arrested a few hours later while trying to retrieve the bales.<ref name="GeLarden" /><ref name="Part2" /><ref name="SingerP60"/> | ||
In June 1980 Kimberlin was convicted in a Texas federal court of conspiracy to possess marijuana with intent to distribute and given a four-year sentence.<ref name="SingerP60"/><ref |
In June 1980, Kimberlin was convicted in a Texas federal court of conspiracy to possess marijuana with intent to distribute and was given a four-year sentence.<ref name="SingerP60"/><ref name="law692f2d760"/> In a separate trial in November 1980, he was convicted of possession and illegal use of Department of Defense insignia, illegal use of the seal of the president of the United States, and impersonation of a federal officer.<ref name="SingerP60"/><ref name="law673f2d1335"/><ref name="law675f2d866"/> Finally, Kimberlin was convicted of the Speedway bombings in a trial that took 53 days and included 118 witnesses, and his sentences for all of his convictions were aggregated to a total sentence of 50 years.<ref name="Part2" /><ref name="SingerP60"/><ref name="law7f3d527"/> Kimberlin was released on parole in February 1994 after serving 13 years, but his parole was revoked in 1997 "for submitting a fraudulent mortgage loan application and for failure to pay a civil judgment to victims of the bombings", and he was returned to prison for four more years before his release in 2001.<ref name="Part2" /><ref name="2022 case">{{Cite web|url=https://law.justia.com/cases/federal/appellate-courts/ca7/21-1691/21-1691-2022-01-06.html|title = Brett Kimberlin v. USA, No. 21-1691 (7th Cir. 2022)}}</ref> Kimberlin appealed his convictions in 2021, alleging the misuse of microscopic hair evidence, the loss of biological evidence, and jury tampering by the government.<ref>{{Cite web|url=https://www.indystar.com/story/news/local/2021/11/01/speedway-indiana-bombings-brett-kimberlin-high-school-bomber-40-year-anniversary-indianapolis/8280495002|title = The Indianapolis Star}}</ref> The Seventh Circuit rejected his appeal in 2022.<ref name="2022 case"/> | ||
==Dan Quayle marijuana |
==Dan Quayle marijuana allegations== | ||
In November 1988, while Kimberlin was in federal prison, ] reporter ] reported that Kimberlin claimed to have sold marijuana to Republican |
In November 1988, while Kimberlin was in federal prison, ] reporter ] reported that Kimberlin claimed to have sold marijuana to Republican vice presidential candidate ] while Quayle was in law school in Indianapolis.<ref>Singer 1992, p. 117-119.</ref><ref name="dqcase"/> Kimberlin was put in administrative detention on three separate occasions when he had planned to hold press conferences regarding his claims, leaving him unable to speak to reporters until the week after the election.<ref>Singer 1992, pp. 120-122.</ref><ref name="dqcase" /> Kimberlin's claims received renewed attention prior to the 1992 election, when Quayle was running for re-election.<ref>Singer 1992, p. 108.</ref><ref name="lat921003"/> During this time, Kimberlin proclaimed his innocence with regard to the Speedway bombings and blamed his late younger brother, Scott, for the presence of the evidence that linked him to them.<ref>Singer 1992, pp. 114-115,</ref> | ||
After |
After Kimberlin's parole the next year, he signed a contract with '']'' staff writer Mark Singer, who had written a positive profile of Kimberlin in 1992, to publish a book about his claims regarding both his conviction and his relationship with Quayle.<ref>Singer 1996, p. 56</ref><ref name="parole" /> However, Singer "decided that had been lied to repeatedly by Kimberlin."<ref name="npr"/> Singer concluded that Kimberlin “was not telling the truth about Quayle.”<ref name="CitizenK" /><ref name="npr" /> In print, Singer said he believed Kimberlin had known someone who had claimed to sell marijuana to Quayle and had then appropriated the story as his own.<ref>Singer 1996, p. 70.</ref> | ||
==Political activism and nonprofit work== | ==Political activism and nonprofit work== | ||
While in prison, Kimberlin became known as an "exceptionally adroit ]."<ref>Singer 1996, p. 55.</ref> |
While in prison, Kimberlin became known as an "exceptionally adroit ]."<ref>Singer 1996, p. 55.</ref> He became involved in the cause of an emigre from the former Soviet Union who was convicted of heroin possession and trapped in ] detention limbo since he could not be released in the U.S. and also could not be returned to Russia because of his drug conviction.<ref name="chit940313"/> | ||
Following |
Following Kimberlin's release from prison, he attracted attention with an offer to pay $100,000 (later $500,000) to anyone with evidence that the ] had been "stolen" by ].<ref name="odd"/> Kimberlin also achieved some national prominence as an opponent of ], including theories related to rigging elections by using them.<ref name="odd" /> | ||
According to '']'' magazine, he leveraged this public attention to organize both the |
According to '']'' magazine, he leveraged this public attention to organize both the "Velvet Revolution" activist site and the "Justice Through Music Project" nonprofit organization.<ref name="odd" /> He has given interviews discussing "music activism" on behalf of the Justice Through Music Project to groups such as ].<ref name="yout111114"/> The Justice Through Music Project also has posted music videos opposing torture by the United States and opposing referendum efforts to ban ].<ref name="reut091103"/><ref name="prnw100222"/> | ||
==Litigation== | ==Litigation== | ||
Kimberlin, the son of a lawyer, has been involved in extensive litigation over the years.<ref name="CitizenK" /> By 1992, he had already filed over 100 motions and lawsuits in federal courts on his own behalf,<ref>Singer 1996, p. 62.</ref> |
Kimberlin, the son of a lawyer, has been involved in extensive litigation over the years.<ref name="CitizenK" /> By 1992, he had already filed over 100 motions and lawsuits in federal courts on his own behalf,<ref>Singer 1996, p. 62.</ref> including a lawsuit against Senator ] in 1999. The case against Hatch was dismissed by the federal district court in the District of Columbia.<ref name="tloc991119"/> | ||
=== Blog About Brett Kimberlin Day === | === Blog About Brett Kimberlin Day === | ||
In March 2012, writer ] announced “Everybody Blog about Brett Kimberlin Day.<ref>{{cite web |url=http://leestranahan.com/friday-may-25th-is-everybody-blog-about-brett-kimberlin-day/ |title=Friday, May 25th Is "Everybody Blog About Brett Kimberlin Day" |website=leestranahan.com |url-status=dead |archive-url=https://web.archive.org/web/20120524075033/http://leestranahan.com/friday-may-25th-is-everybody-blog-about-brett-kimberlin-day |archive-date=2012-05-24}}</ref> | |||
⚫ | In May 2012 '']'' reported that conservative bloggers were criticizing Kimberlin in an event called "Blog About Brett Kimberlin Day," apparently based on litigation brought by Kimberlin against the bloggers.<ref name=slate052512 |
||
⚫ | In May 2012 '']'' reported that conservative bloggers were criticizing Kimberlin in an event called "Blog About Brett Kimberlin Day," apparently based on litigation brought by Kimberlin against the bloggers.<ref name=slate052512/> Two bloggers who had written about Kimberlin said they were the victim of ], hoaxes that brought armed police officers to their homes.<ref name=slate052512 /><ref name="xx" /> Kimberlin denied any connection to the incidents.<ref name="xx"/> | ||
⚫ | On June 6, 2012, Senator ] sent a letter to Attorney General ] requesting an investigation of the ] cases. Kimberlin repeated his denial of any involvement in the |
||
<ref>http://abcnews.go.com/blogs/politics/2012/06/senator-asks-doj-to-investigate-swat-ting-attacks-on-conservative-bloggers/ ABC News</ref> | |||
⚫ | ==References== | ||
⚫ | {{Reflist| |
||
⚫ | On June 6, 2012, Senator ] sent a letter to Attorney General ] requesting an investigation of the ] cases. Kimberlin repeated his denial of any involvement in the hoax calls.<ref name="abc120606"/> | ||
{{Persondata | |||
| NAME = Kimberlin, Brett | |||
⚫ | ==References== | ||
| ALTERNATIVE NAMES = | |||
⚫ | {{Reflist|33em|refs= | ||
| SHORT DESCRIPTION = | |||
<ref name="newy921005">{{cite magazine |first=Mark |last=Singer |magazine=] |title=The Prisoner and the Politician |url=http://www.newyorker.com/archive/1992/10/05/1992_10_05_108_TNY_CARDS_000362184 |date=October 5, 1992 |pages=110–111 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120528043500/http://www.newyorker.com/archive/1992/10/05/1992_10_05_108_TNY_CARDS_000362184 |archive-date=2012-05-28 |url-status=live }} (later "Singer 1992")</ref> | |||
| DATE OF BIRTH = 1954 | |||
<ref name="tny2">{{cite magazine |first=Mark |last=Singer |title=Unfinished Business |magazine=] |url=http://www.newyorker.com/archive/1996/10/07/1996_10_07_054_TNY_CARDS_000375398 |date=October 7, 1996 |page=58 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120530070407/http://www.newyorker.com/archive/1996/10/07/1996_10_07_054_TNY_CARDS_000375398 |archive-date=2012-05-30 |url-status=live }} (later "Singer 1996")</ref> | |||
| PLACE OF BIRTH = | |||
<ref name="Part1">{{cite web |url=http://www.indystar.com/article/99999999/NEWS06/100919012/StarFiles-Speedway-Bombings-Part-1 |title=StarFiles: The Speedway Bombings, Part 1 |newspaper=] |date=October 6, 2010 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120522042622/http://www.indystar.com/article/99999999/NEWS06/100919012/StarFiles-Speedway-Bombings-Part-1 |archive-date=2012-05-22 |url-status=dead }}</ref> | |||
| DATE OF DEATH = | |||
<ref name="Part2">{{cite web |url=http://www.indystar.com/article/99999999/NEWS06/100919013/StarFiles-Speedway-Bombings-Part-2 |title=StarFiles: The Speedway Bombings, Part 2 |newspaper=] |date=October 6, 2010 |access-date=May 27, 2012 |archive-url=https://web.archive.org/web/20120522042627/http://www.indystar.com/article/99999999/NEWS06/100919013/StarFiles-Speedway-Bombings-Part-2 |archive-date=2012-05-22 |url-status=dead }}</ref> | |||
| PLACE OF DEATH = | |||
<ref name="GeLarden">{{cite news |url=http://indystar.com/assets/pdf/BG164276919.PDF |title=Kimberlin Case a Maze of Murder, Deceit |newspaper=] |last=Gelarden |first=R Joseph |pages=1, 18 |date=October 18, 1981 |access-date=May 27, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120526093504/http://www.indystar.com/assets/pdf/BG164276919.PDF |archive-date=May 26, 2012 }}</ref> | |||
<ref name="abc120606">{{cite news |first=Arlette |last=Saenz |work=] |title=Senator Asks DOJ to Investigate SWAT-ting Attacks on Conservative Bloggers |url=https://abcnews.go.com/blogs/politics/2012/06/senator-asks-doj-to-investigate-swat-ting-attacks-on-conservative-bloggers/ |date=June 6, 2012 |access-date=June 8, 2012}}</ref> | |||
<ref name="xx">{{cite web |url=https://www.foxnews.com/politics/conservative-bloggers-say-theyre-targets-of-dangerous-swat-ing-prank/ |title=Conservative bloggers say they're targets of dangerous 'SWAT-ing' prank |first=Joseph |last=Weber |publisher=] |date=June 1, 2012 |access-date=June 4, 2012 |archive-url=https://web.archive.org/web/20120604021813/http://www.foxnews.com/politics/2012/05/31/conservative-bloggers-say-theyre-being-harassed-for-postings/ |archive-date=2012-06-04 |url-status=live }}</ref> | |||
<ref name=slate052512>{{cite web |first=David |last=Weigel |authorlink=David Weigel |publisher=] |title=Opening act: Blog about Brett Kimberlin Day |url=http://www.slate.com/blogs/weigel/2012/05/25/opening_act_blog_about_brett_kimberlin_day.html |date=May 25, 2012 |access-date=May 30, 2012 |archive-url=https://web.archive.org/web/20120529165748/http://www.slate.com/blogs/weigel/2012/05/25/opening_act_blog_about_brett_kimberlin_day.html |archive-date=2012-05-29 |url-status=live }}</ref> | |||
<ref name="tloc991119">{{cite web|url=https://www.congress.gov/congressional-record/1999/11/19/senate-section |title=Congressional Record - 106th Congress (1999-2000) - THOMAS (Library of Congress) |publisher=Thomas.loc.gov |date=November 19, 1999 |access-date=October 12, 2018}}</ref> | |||
<ref name="reut091103">{{cite press release |title=Justice Through Music Releases Music Video Opposing Torture |url=https://www.reuters.com/article/2009/11/03/idUS116692+03-Nov-2009+PRN20091103 |date=November 3, 2009 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20130221224023/http://www.reuters.com/article/2009/11/03/idUS116692+03-Nov-2009+PRN20091103 |archive-date=2013-02-21 |url-status=dead }}</ref> | |||
<ref name="prnw100222">{{cite press release |url=http://www.prnewswire.com/news-releases/justice-through-music-releases-new-music-video-to-galvanize-support-against-californias-prop-8-referendum-opposing-marriage-equality-84945897.html |title=Justice Through Music Releases New Music Video To Galvanize Support Against California's Prop 8 Referendum Opposing Marriage Equality |date=February 22, 2010 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20110720013708/http://www.prnewswire.com/news-releases/justice-through-music-releases-new-music-video-to-galvanize-support-against-californias-prop-8-referendum-opposing-marriage-equality-84945897.html |archive-date=2011-07-20 |url-status=live }}</ref> | |||
<ref name="yout111114">{{cite web |publisher=] |title=Justice Through Music on Public Radio Exchange |url=https://www.youtube.com/watch?v=Z9Wa1UBN7Uc&feature=player_embedded |date=November 14, 2011 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20160620133030/https://www.youtube.com/watch?v=Z9Wa1UBN7Uc&feature=player_embedded |archive-date=2016-06-20 |url-status=live }}</ref> | |||
<ref name="odd">{{cite magazine |first=Massimo |last=Calabresi |magazine=] |title=The Wizard of Odd |url=http://www.time.com/time/magazine/article/0,9171,1574161,00.html |date=January 5, 2007 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120530205136/http://www.time.com/time/magazine/article/0,9171,1574161,00.html |archive-date=2012-05-30 |url-status=dead }}</ref> | |||
<ref name="chit940313">{{cite news |first=James |last=Warren |newspaper=] |title='Speedway Bomber' Sitting Pretty |url=https://www.chicagotribune.com/1994/03/13/speedway-bomber-sitting-pretty/ |date=March 13, 1994 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120523183823/http://articles.chicagotribune.com/1994-03-13/features/9403130267_1_brett-kimberlin-prison-convicted |archive-date=2012-05-23 |url-status=live }}</ref> | |||
<ref name="npr">{{cite web |url=https://www.npr.org/templates/story/story.php?storyId=1011167 |title=Lying: an interview with Mark Singer |first=Ray |last=Suarez |work=] |publisher=] |date=December 3, 1996 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120531023513/http://www.npr.org/templates/story/story.php?storyId=1011167 |archive-date=2012-05-31 |url-status=live }}</ref> | |||
<ref name="lat921003">{{cite news |url=https://www.latimes.com/archives/la-xpm-1992-10-03-mn-280-story.html |title=Senator Says Inmate Was Isolated to Quiet Quayle Drug Allegations |first=Douglas |last=Frantz |newspaper=] |date=October 3, 1992 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20121224074531/http://articles.latimes.com/1992-10-03/news/mn-280_1_dan-quayle |archive-date=2012-12-24 |url-status=live }}</ref> | |||
<ref name="dqcase">{{cite web|url=https://scholar.google.com/scholar_case?case=1987733040975291659&hl=en&as_sdt=2&as_vis=1&oi=scholarr|title=Kimberlin v. Quinlan, 199 F.3d 496 (D.C. Cir. 1999)|archive-url=https://archive.today/20130125124425/http://scholar.google.com/scholar_case?case=1987733040975291659&hl=en&as_sdt=2&as_vis=1&oi=scholarr|archive-date=2013-01-25|url-status=dead|access-date=2017-10-31}}</ref> | |||
<ref name="parole">{{cite web |url=http://www.leagle.com/xmlResult.aspx?xmldoc=199849912FSupp2d487_1456.xml&docbase=CSLWAR2-1986-2006 |title=Kimberlin v. DeWalt, 12 F.Supp.2d 487 (D. Md. 1998)}}</ref> | |||
<ref name="law7f3d527">{{cite web|url=http://law.justia.com/cases/federal/appellate-courts/F3/7/527/479269/|title=Kimberlin v. U.S. Parole Commission, 7 F.3d 527 (6th Cir. 1993)|access-date=May 28, 2012|archive-url=https://web.archive.org/web/20130311043808/http://law.justia.com/cases/federal/appellate-courts/F3/7/527/479269/|archive-date=2013-03-11|url-status=live}}</ref> | |||
<ref name="law692f2d760">{{cite web |url=https://scholar.google.com/scholar_case?about=6359690590981246880&hl=en&as_sdt=2,22&as_vis=1 |title=United States v. Kimberlin, 692 F. 2d 760 (7th Cir. 1982) |archive-url=https://archive.today/20130125051418/http://scholar.google.com/scholar_case?about=6359690590981246880&hl=en&as_sdt=2,22&as_vis=1 |archive-date=2013-01-25 |url-status=dead |access-date=2017-10-31 }}</ref> | |||
<ref name="law673f2d1335">{{cite web |url=https://scholar.google.com/scholar_case?about=9475530692783220484&hl=en&as_sdt=2,22&as_vis=1 |title=United States v. Kimberlin, 673 F.2d 1335 (7th Cir. 1981) |archive-url=https://archive.today/20120713062729/http://scholar.google.com/scholar_case?about=9475530692783220484&hl=en&as_sdt=2,22&as_vis=1 |archive-date=2012-07-13 |url-status=dead |access-date=2017-10-31 }}</ref> | |||
<ref name="law675f2d866">{{cite web|url=https://scholar.google.com/scholar_case?case=9496173700962878168&hl=en&as_sdt=2,22&as_vis=1 |title=United States v. Kimberlin, 675 F.2d 866 (7th Cir. 1982)(Posner, J.) |archive-url=https://web.archive.org/web/20181015163337/https://scholar.google.com/scholar_case?case=9496173700962878168&hl=en&as_sdt=2,22&as_vis=1 |archive-date=2018-10-15 |url-status=dead}}</ref> | |||
<ref name="CitizenK">{{cite book |title=Citizen K: The Deeply Weird American Journey of Brett Kimberlin |publisher=] |last=Singer |first=Mark |year=1996 |isbn=978-0679429999 |url-access=registration |url=https://archive.org/details/citizenkdeeplywe00sing }}</ref> | |||
<ref name="law805f2d210">{{cite web |url=http://openjurist.org/805/f2d/210/united-states-v-c-kimberlin |title=United States v. Kimberlin, 805 F.2d 210 (7th Cir. 1986) |date=3 December 1984 |volume=F2d |issue=805 |page=210 |access-date=May 28, 2012 |archive-url=https://web.archive.org/web/20120531233514/http://openjurist.org/805/f2d/210/united-states-v-c-kimberlin |archive-date=2012-05-31 |url-status=live |last=Circuit |first=Seventh }}</ref> | |||
}} | }} | ||
{{Authority control}} | |||
{{DEFAULTSORT:Kimberlin, Brett}} | {{DEFAULTSORT:Kimberlin, Brett}} | ||
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Latest revision as of 23:17, 9 November 2024
American drug trafficker and political activist (born 1954)Brett Kimberlin | |
---|---|
Born | 1954 (age 70–71) |
Occupation(s) | Musician, political activist |
Criminal status | Released |
Conviction(s) | Felony perjury, manufacturing and possessing a destructive device, malicious damage by explosives with personal injury, impersonating a federal officer, illegal use of a Department of Defense insignia, illegal use of the presidential seal, receipt of explosives by a convicted felon, conspiracy to distribute marijuana. |
Criminal penalty | 51 years in prison |
Brett Kimberlin (born 1954) is an American political activist who was convicted in 1980 on drug charges and of perpetrating the 1978 Speedway bombings. Since his release from prison, Kimberlin has co-founded the non-profit Justice Through Music Project and the activist organization Velvet Revolution. He has also been involved in various legal disputes, including those associated with a claim that he supplied marijuana to Dan Quayle.
Criminal convictions
See also: Speedway bombingsShortly after graduating from high school, Kimberlin was convicted in 1973 of felony perjury for lying to a grand jury investigating drug trafficking. Kimberlin had been called before a grand jury investigating drug use at his high school and was convicted for testifying that he had not sold LSD. Kimberlin served only 21 days of a one-year sentence on this charge.
By 1976, Kimberlin's drug business was grossing hundreds of thousands of dollars a month. He invested his drug money profit in such businesses as a retail health food store, a vegetarian restaurant, and an Earth shoe franchise. However, Kimberlin became a suspect in the murder of Julia Scyphers, the mother of a friend/employee of his in Speedway, Indiana, in 1978.
In the first six days of September 1978, a series of bombings perpetrated by Kimberlin struck Speedway. Initially, there were no injuries; however, the last bombing led to the amputation of Vietnam veteran Carl DeLong's right leg, and left DeLong and his wife with several other injuries that required significant hospitalization and rehabilitation. DeLong committed suicide in February 1983. Investigators traced the Mark-Time timer and the Tovex 200 used in the bombings to Kimberlin, and he was placed under surveillance. The police believed that Kimberlin had conducted the Speedway bombings to divert attention from the murder investigation.
On September 20, 1978, Kimberlin was arrested by the FBI for entirely different charges—possession and illegal use of Department of Defense insignia, illegal use of the seal of the president of the United States, and impersonation of a federal officer, after the FBI received a tip from a print shop owner. Between one and two weeks later, he was released although the charges were not dismissed. A few months later, on February 16, 1979, Kimberlin was at a makeshift airport in Texas to supervise the unloading of an airplane when bad weather and low fuel led the airplane's crew to jettison a shipment of 10,000 pounds of marijuana from Colombia (in 50-pound bales) over a wide area of southeastern Texas so the plane could land at a real airport. Kimberlin was arrested a few hours later while trying to retrieve the bales.
In June 1980, Kimberlin was convicted in a Texas federal court of conspiracy to possess marijuana with intent to distribute and was given a four-year sentence. In a separate trial in November 1980, he was convicted of possession and illegal use of Department of Defense insignia, illegal use of the seal of the president of the United States, and impersonation of a federal officer. Finally, Kimberlin was convicted of the Speedway bombings in a trial that took 53 days and included 118 witnesses, and his sentences for all of his convictions were aggregated to a total sentence of 50 years. Kimberlin was released on parole in February 1994 after serving 13 years, but his parole was revoked in 1997 "for submitting a fraudulent mortgage loan application and for failure to pay a civil judgment to victims of the bombings", and he was returned to prison for four more years before his release in 2001. Kimberlin appealed his convictions in 2021, alleging the misuse of microscopic hair evidence, the loss of biological evidence, and jury tampering by the government. The Seventh Circuit rejected his appeal in 2022.
Dan Quayle marijuana allegations
In November 1988, while Kimberlin was in federal prison, National Public Radio reporter Nina Totenberg reported that Kimberlin claimed to have sold marijuana to Republican vice presidential candidate Dan Quayle while Quayle was in law school in Indianapolis. Kimberlin was put in administrative detention on three separate occasions when he had planned to hold press conferences regarding his claims, leaving him unable to speak to reporters until the week after the election. Kimberlin's claims received renewed attention prior to the 1992 election, when Quayle was running for re-election. During this time, Kimberlin proclaimed his innocence with regard to the Speedway bombings and blamed his late younger brother, Scott, for the presence of the evidence that linked him to them.
After Kimberlin's parole the next year, he signed a contract with New Yorker staff writer Mark Singer, who had written a positive profile of Kimberlin in 1992, to publish a book about his claims regarding both his conviction and his relationship with Quayle. However, Singer "decided that had been lied to repeatedly by Kimberlin." Singer concluded that Kimberlin “was not telling the truth about Quayle.” In print, Singer said he believed Kimberlin had known someone who had claimed to sell marijuana to Quayle and had then appropriated the story as his own.
Political activism and nonprofit work
While in prison, Kimberlin became known as an "exceptionally adroit jailhouse lawyer." He became involved in the cause of an emigre from the former Soviet Union who was convicted of heroin possession and trapped in INS detention limbo since he could not be released in the U.S. and also could not be returned to Russia because of his drug conviction.
Following Kimberlin's release from prison, he attracted attention with an offer to pay $100,000 (later $500,000) to anyone with evidence that the 2004 United States presidential election had been "stolen" by George W. Bush. Kimberlin also achieved some national prominence as an opponent of direct-recording electronic voting machines, including theories related to rigging elections by using them.
According to Time magazine, he leveraged this public attention to organize both the "Velvet Revolution" activist site and the "Justice Through Music Project" nonprofit organization. He has given interviews discussing "music activism" on behalf of the Justice Through Music Project to groups such as Public Radio Exchange. The Justice Through Music Project also has posted music videos opposing torture by the United States and opposing referendum efforts to ban same-sex marriage.
Litigation
Kimberlin, the son of a lawyer, has been involved in extensive litigation over the years. By 1992, he had already filed over 100 motions and lawsuits in federal courts on his own behalf, including a lawsuit against Senator Orrin Hatch in 1999. The case against Hatch was dismissed by the federal district court in the District of Columbia.
Blog About Brett Kimberlin Day
In March 2012, writer Lee Stranahan announced “Everybody Blog about Brett Kimberlin Day.
In May 2012 Slate reported that conservative bloggers were criticizing Kimberlin in an event called "Blog About Brett Kimberlin Day," apparently based on litigation brought by Kimberlin against the bloggers. Two bloggers who had written about Kimberlin said they were the victim of swatting, hoaxes that brought armed police officers to their homes. Kimberlin denied any connection to the incidents.
On June 6, 2012, Senator Saxby Chambliss sent a letter to Attorney General Eric Holder requesting an investigation of the swatting cases. Kimberlin repeated his denial of any involvement in the hoax calls.
References
- ^ Singer, Mark (1996). Citizen K: The Deeply Weird American Journey of Brett Kimberlin. Alfred A. Knopf. ISBN 978-0679429999.
- Singer, Mark (October 5, 1992). "The Prisoner and the Politician". The New Yorker. pp. 110–111. Archived from the original on 2012-05-28. Retrieved May 28, 2012. (later "Singer 1992")
- Circuit, Seventh (3 December 1984). "United States v. Kimberlin, 805 F.2d 210 (7th Cir. 1986)". p. 210. Archived from the original on 2012-05-31. Retrieved May 28, 2012.
- Singer, Mark (October 7, 1996). "Unfinished Business". The New Yorker. p. 58. Archived from the original on 2012-05-30. Retrieved May 28, 2012. (later "Singer 1996")
- ^ Singer 1996, p. 57.
- ^ Gelarden, R Joseph (October 18, 1981). "Kimberlin Case a Maze of Murder, Deceit" (PDF). Indianapolis Star. pp. 1, 18. Archived from the original (PDF) on May 26, 2012. Retrieved May 27, 2012.
- Singer 1996, p. 58.
- ^ "StarFiles: The Speedway Bombings, Part 2". Indianapolis Star. October 6, 2010. Archived from the original on 2012-05-22. Retrieved May 27, 2012.
- ^ "StarFiles: The Speedway Bombings, Part 1". Indianapolis Star. October 6, 2010. Archived from the original on 2012-05-22. Retrieved May 28, 2012.
- Singer 1996, pp. 59-60.
- ^ Singer 1996, p. 60.
- "United States v. Kimberlin, 692 F. 2d 760 (7th Cir. 1982)". Archived from the original on 2013-01-25. Retrieved 2017-10-31.
- "United States v. Kimberlin, 673 F.2d 1335 (7th Cir. 1981)". Archived from the original on 2012-07-13. Retrieved 2017-10-31.
- "United States v. Kimberlin, 675 F.2d 866 (7th Cir. 1982)(Posner, J.)". Archived from the original on 2018-10-15.
- "Kimberlin v. U.S. Parole Commission, 7 F.3d 527 (6th Cir. 1993)". Archived from the original on 2013-03-11. Retrieved May 28, 2012.
- ^ "Brett Kimberlin v. USA, No. 21-1691 (7th Cir. 2022)".
- "The Indianapolis Star".
- Singer 1992, p. 117-119.
- ^ "Kimberlin v. Quinlan, 199 F.3d 496 (D.C. Cir. 1999)". Archived from the original on 2013-01-25. Retrieved 2017-10-31.
- Singer 1992, pp. 120-122.
- Singer 1992, p. 108.
- Frantz, Douglas (October 3, 1992). "Senator Says Inmate Was Isolated to Quiet Quayle Drug Allegations". Los Angeles Times. Archived from the original on 2012-12-24. Retrieved May 28, 2012.
- Singer 1992, pp. 114-115,
- Singer 1996, p. 56
- "Kimberlin v. DeWalt, 12 F.Supp.2d 487 (D. Md. 1998)".
- ^ Suarez, Ray (December 3, 1996). "Lying: an interview with Mark Singer". Talk of the Nation. National Public Radio. Archived from the original on 2012-05-31. Retrieved May 28, 2012.
- Singer 1996, p. 70.
- Singer 1996, p. 55.
- Warren, James (March 13, 1994). "'Speedway Bomber' Sitting Pretty". Chicago Tribune. Archived from the original on 2012-05-23. Retrieved May 28, 2012.
- ^ Calabresi, Massimo (January 5, 2007). "The Wizard of Odd". Time. Archived from the original on 2012-05-30. Retrieved May 28, 2012.
- "Justice Through Music on Public Radio Exchange". YouTube. November 14, 2011. Archived from the original on 2016-06-20. Retrieved May 28, 2012.
- "Justice Through Music Releases Music Video Opposing Torture" (Press release). November 3, 2009. Archived from the original on 2013-02-21. Retrieved May 28, 2012.
- "Justice Through Music Releases New Music Video To Galvanize Support Against California's Prop 8 Referendum Opposing Marriage Equality" (Press release). February 22, 2010. Archived from the original on 2011-07-20. Retrieved May 28, 2012.
- Singer 1996, p. 62.
- "Congressional Record - 106th Congress (1999-2000) - THOMAS (Library of Congress)". Thomas.loc.gov. November 19, 1999. Retrieved October 12, 2018.
- "Friday, May 25th Is "Everybody Blog About Brett Kimberlin Day"". leestranahan.com. Archived from the original on 2012-05-24.
- ^ Weigel, David (May 25, 2012). "Opening act: Blog about Brett Kimberlin Day". Slate.com. Archived from the original on 2012-05-29. Retrieved May 30, 2012.
- ^ Weber, Joseph (June 1, 2012). "Conservative bloggers say they're targets of dangerous 'SWAT-ing' prank". Fox News. Archived from the original on 2012-06-04. Retrieved June 4, 2012.
- Saenz, Arlette (June 6, 2012). "Senator Asks DOJ to Investigate SWAT-ting Attacks on Conservative Bloggers". ABC News. Retrieved June 8, 2012.