Levy Affidavit (Redaction)

8/12/2019 Levy Affidavit (Redaction)

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Case 8:13-cv-03059-PWG Document 75-1 Filed 02/18/14 Page 1 of 18

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLANDGREENBELT DIVISION

BRETT KIMBERLINPlaintiff

v

NATIONAL BLOGGERS CLUB et alDefendants.

Case No. 8:13-cv-03059-PWG

LEVY FFI VIT

My name is Paul Alan Levy. I am lead counsel on the opposition o defendant Ace oSpades to pl inti s motion for leave to pursue discovery to identify Ace o Spades.

2. In approximately 1988 I represented Brett Kimberlin in connection with a Freedom oInformation Act request for documents pertaining to the reaction o the Bureau o Prisons to hisdiscussion with reporters about his claims to have sold drugs to Dan Quayle. I have not representedKimberlin since then although I consulted with other lawyers who represented him in a lawsuitrelating to that controversy.

After Ace o Spades contacted me for assistance in opposing Kimberlin s motion for leaveto take discovery I spoke to Kimberlin about his motion. After I told Kimberlin thatnotwithstanding arguments he had given me about why we should not provide such representationwe would be filing an opposition to his motion Kimberlin sent an email to Ace o Spades.Kimberlin personally confirmed to me that he had sent the email that is attached as Exhibit A

4 I attach as Exhibit B a copy o an article from the Indianapolis Star which I retrievedfrom its web site.

5 I attach as Exhibit C a copy o excerpts from a biography o Kimberlin which refers to


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an Indianapolis Star article and to Kimberlin s having learned about some the contents thearticle.

6 I attach as Exhibit D an excerpt from a hearing transcript in Kimberlin llenPursuant to 8 U.S.c. 1746 I hereby certify underpenalty perjury that the foregoing is true andcorrect. Executed on February 18 2014.


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Case 8:13 cv 03059 PWG Document 75 1 Filed 02 18 14 Page 3 of 18

From: Justice Through Music


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Case 8:13 cv 03059 PWG Document 75 1 Filed 2 18 14 Page 4 of 18

felt the need to tell his employer that he had been the publisher o the Muslim hate blog,Everybody Draw Mohammed. The employer then went to his office and found t filled withhateful depictions o the Prophet Mohammed and other evidence showing that he blogged oncompany time. Accordingly. he was fired and for more than two years has been unemployed andunemployable.So ponder my offer. You can communicate with me directly at this email, or call me, or have anattorney act as a go between.

Brett 301) 1 _


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Levy Affidavit

Exhibit B


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ITIZEN The eeplyWeird mericanJourney of rett Kimberlin

Mark Singer

LFRE A KNOPF NEW YORK 996

Levy ffidavitxhi it C


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prepareda U_b to. -ltalt[t to Beevilleand Jessie :. aWhen IWell, I never

of Me:>;:iInvolved Withut it. But shed, he calleditinerary led

d a few daysng the newst out an alI-put me in adown thereh a trailer

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e call fromJessica

f the coastaid. Shestin. Sheyou. Mytell her.

by a tropercial air

, I imberlin said he b ked a char ter jet to fly them, but it was[Cgffl ~ o u n e by the weather. Finally, three days after the murder,also g ere able to catch a flight. imberlinarranged for someone to[hey IVSandi s car to Indianapolis.) Meanwhile, the Speedway police

e t u r ~ e e i n g the press their unfolding theories of the crime. The n-VI ere polis Star ran a banner headline that said: HIRED GUNMANdtan; D WOMAN? The stOl y posed a series of hypothetical questionsKILL d h II k ll nocent victim a tragIc n1lx-up craze t n er.

In why an active church member and grandmother? -and then.. ~ c l u d e d that Police know of nothing in the background of anytmilY member that would explain the slaying.a Meanwhile, Kimberlin had initiated his own investigation, in theform of a plea to his psychic adviser. I called Dykshoorn and said Ineeded his help. 1 told him a friend of mine s mother got murderedand the killer got away. He asked what happened and I told him whatI knew and he said, 1 can t get involved. I don t get involved in murders involving drugs. And I said, Nobody said anything about drugs.This was a robbery. And he said, This case involves drugs. I tapedthe conversation. I argued with him. I implored him to come.

Kimberlin said Dykshoorn s insistence that the killing was drugrelated left him feeling kind of pissed off, and as a result, I neverspoke to Dykshoorn again. In other words, Kimberlin was rejectinga scenario Dykshoorn evidently had envisioned through the mediumof his superior intuition-the very attribute that had drawn Kimberlin to him in the first place. The plotline Kimberlin preferred beganwith some sort of robbery and ended abruptly in a random act ofanonymous violence. A drug-related script didn t fit any reality thathe wished to reckon with.

By THE time Sandi reached Indianapolis, the police were eager to talkwith her and so was Kimberlin. When he arrived at the Scyphers residence that evening, however, she ran outside and warned him that hewasn t welcome. Her father was brandishing a gun and claiming thatBrett was somehow responsible for the murder. Sandi was being interrogated about her trip, and she was all freaked, he told me. Andher sister starts asking her all these fucking questions. And she wastelling it like I d told her-that the trailer was loadedwith furniture. Butthe circumstances were terrible. tlooked like she was being very eva-


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ITIZ N Ksive. It s like being caught with your pants down when you re not try_ing to fuck somebody, you re just trying to look at a scar on their ass

Naturally, Kimberlin said, he was thoroughly taken aback by thisdevelopment, and there was nothing he could do to mollify FredScyphers or Louise Crosby. But he did have the tape recording of hisconversation with Dykshoorn to play for Sandi: f there wa everany doubt in her mind that I was even remotely tangentially involvedin the murder-she never said so, but it might have been in the backof her mind-listening to that tape eliminated any doubts.

The police were more skeptical, and the next day they summonedKimberlin to headquarters for questioning. He arrived in the Com-pany of an attorney. Press accounts, which did not mention Kimber-lin by name, stated that he was advised of his rights, offered noresponse to several pertinent questions, and declined to take apsychological stress evaluation test, or polygraph. The t r saidthat Julia Scyphers reportedly had a series of bitter disputes with awealthy Marion County businessman that stemmed from the busi-nessman s refusal to stop associating with certain members of Mrs.Scyphers family, and that the victim had informed friends she wasconsidering filing a peace bond to pu t a legal stop to his visits.

Kimberlin s refusal to submit to a polygraph, he said, was his at-torney s idea. As far as the murder was concerned, he had nothing tohide. Any questions about Sandi s trip to Texas, however, would re-quire an evasive response that would flunk him. At first I was will-ing to take a polygraph, he told me. I said, Sure, but you have tohave everybody else in the family take a polygraph too. But then myattorney wouldn t let me.

A NEWSPAPERMAN in Indianapolis has referred to the Speedway Po-lice Department of this era as Barney Fife and Company. Early on,public pronouncements by Robert Copeland, the chief of police, sug-gested that a solution was imminent: MAJOR BREAK IN MURDERSEEN and KILLER SUSPECTS NARROWED TO Before long, though, itbecame apparent that the murder investigation was testing the author-ities beyond their capacities. The department had only three detectives,one ofwhom was assigned as a juvenile officer. Crime in Speedwaywasa tiny industry: half a dozen robberies a year and only fifty or sixtyburglaries.


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, I a week and a half the police were nakedly frustrated. f l t almost sure we know what happened, Copeland com-W e (But ill t go try to prav it. We were very optimistic lastplaine but the investigation is taking a lot longer than we expected.week unning into a Jot of roadblocks. On the advice of an attorW re re Sandi formally refused to submit to a polygraph, and she failedney od her mother s funeraL The police wanted to know exactlyo atter h Ill Texa sh had been and what she was doing at the time ofV eremurder, but according to the Star she refused to answer severaltheestiOns posed by investigator. Fred Scyphers and the two witqusses who d seen the killer pu t the attache case in his trunk weren ~ e d under hypnosis by a Marion County sheriff s deputy, in thehope that they might recall more precise details. A Star headline said:poLICE BAFFLED BY MURDER VICTIM S DAUGHTER, In the ndianapolis ewswas a short item: SCYPHERS CASE NEAR STANDSTILL.

Kimberlin said that after being questioned, he tried to resume hisroutines.. The police had been fucking with me, but he thought ofthem as like Keystone Cops, a bunch of bungling fools. He wasworking on building an addition to the Good Earth. He stayed busy,as always, with his smuggling scams. Sandi s boyfriend at the time, amedical student, moved out-of-state. She had rented a new apartment, in the western suburb of Brownsburg. Jessica and Yvonne hadmoved in with their grandfather, and Sandi didn t really have anybody to be with, so Kimberlin said he spent a lo t of time with her.

Four weeks following the murder, after a ten-day hiatus in newspaper coverage, the ews revealed a fragmentary detail of Sandi strip to Texas: she allegedly had initialed rental papers when the trailerwas picked up in Indiana and dropped off in Texas. The story alsonoted that federal narcotics agents had previously investigated Kimberlin, identified not by name but as a primary suspect. Mainly, thenewspaper report reiterated the theory from which the police had notbudged: Julia Scyphers was the target of a revenge murder ; the investigation centered around a relationship between a female relativeof the victim and a young Indianapolis businessman ; Julia Scyphershad argued with the businessman on several occasions.Six days later, the bombs started going off.

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then she drove him home to Eagle Creek. The next morning, he saidhe went to the safe location where the Impala was to have beentowed-a car dealership. He was unpleasantly surprised when toldthat the car had never been delivered, and after a round of phoneversations, he learned why: the FBI had impounded the vehicle. Earlythat afternoon, Kimberlin went downtown to meet with Forrest Bow_man. Along the way, he said, he passed a newspaper vending machineand saw the ndianapolis News s proclamation BOMBING SUSPECT LINKED TO MURDER

I saw this headline about the bombing investigation and Ibought a newspaper and started reading it, he told me. I think: Oh,this might be interesting. And then I read the first couple of p a r a ~graphs-about a Broad Ripple businessman-and I realize theY retalking about me and I m just floored. I didn t even read the rest ofthe article. I just ran to Bowman s office. He didn t know anythingabout i t yet.

In his haste and alarm, Kimberlin added, he initially didn t focuscarefully on the newspaper story s details-for instance, in the fourthparagraph: t also has been learned that Federal officials have con-fiscated timing devices from a car reportedly owned by the suspect.))

For a vehicle intended to be thrown away, meticulous attentionwas being lavished on this Chevrolet. Several FBI agents, as well as apeer from the ATF Bernard (Ben) Niehaus, were present when thesearch got under way in the print ing shop parking lot. The originalwarrant was limited to evidence related to the misdemeanor posses-sion charges. The agents would later testify that after forcing open thetrunk-and this would become central to the prosecution of thebombings case-they discovered objects that had nothing to do withthe misdemeanors. Niehaus phoned a fellow ATF agent, PatrickDonovan, and described particulars that provided for yet anothersearch warrant . The most provocative item Niehaus saw that morn-ing was a black leather suitcase imprinted in gold with the initialsBCK-the monogram of Brett Coleman Kimberlin. Inside, the gov-ernment would one day explain to a jury, were four Mark Timetimers. Each had been altered so that i t was identical to the devicesthat triggered the bombs in Speedway. ,

ITIZ N K


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I

Kimberlin andrt-time trapPerand then stuckhristi by a pairthe way, I i l ~

arrest for?marijuana

place the presly in the mudil, Kimberlin .deral building

and Sillamount was ahe d broughtecked his wadthe Indianapo-s tempered byIndianapolisTO KEEP KIM-five days afterared he wouldwas justified..

ed a visit fromsearch of thehe filed, theirrned the fold lawyer hadNiehaus s re-

ort began by s ~ a t i n g that he h ~ p r ~ p r l y informed Kimberlin of hisP titutional nghts, then contmued:consWhen advised that the topic of conversation was to be theSpeedway bombings, he said he was happy to talk aboutthem. He said he wasn t involved and was willing to do whathe could to cooperate with the government to prove his innocence. He stated he would be willing to take a polygraph examination concerning the bombings. When asked if he hadnot been offered a polygraph on other occasions and hadagreed to submit to the test until the actual time of the examination and then refused, he said that was true, and that hehad done so on his attorney s advice. When asked if thatwould happen this time, he said probably, but I don tknow. He also said he would like to testify before the grandjury concerning the bombings.

Kimberlin also said he was being framed for the bombingsand the ATF should be looking for three F I agents who hada vendetta against him, and had been conducting the vendettafor years. He said the vendetta was a result of the fact that hisfather, an attorney for Public Service of Indiana, had won thelargest cash settlement in history from the United States government, and that the only way the government could getback at Mr. Kimberlin was through Brett. When asked thenames of the three F I agents, Kimberlin refused to namethem and said he refused because he is not a snitch and didnot want to get anyone in trouble even if they were framinghim.

Kimberlin also said he had read in the newspaper that thebombs were set off as pranks by racing fans and wondered ifthis had been explored.

Kimberlin also said he did not know where he had beeneach night during the bombings except that he had been doingthe floors at his health food store part of the time.

Relative to Sandra Barton, Kimberlin told me to get offher goddamn back. He said she is straight as an arrowand would not do anything wrong. He also referred to JuliaScyphers, Barton s mother and the victim of a murder, as agoddamned bitch. He further stated that if we wanted to


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THE Y of the indictment, 28 February I 9 7 9 was, for Indianapolis, uncommonly eventful. T ho ug h a n account of the grand jury s action occupied a prominent position in that evening s ndi n polis

ITIZ N Kl 0 Jfind ou t who murdered Mrs. Scyphers, we should considerSandra Barton s brother-in-law in Austin, Texas, who Kimberlin said was a CIA agent.

s to his arrest in Texas on federal drug charges, Kimberlin stated that he ha d just happened to be ou t in the desert inthe middle of the night and was wrongly arrested. He said thesituation would be cleared up. When asked why he presentedfalse identification at the time of the arrest, he said that he ha dno t given false identification to the agents, they ha d found itin his wallet.Several days after being arraigned, Kimberlin attended a bail

reduction hearing, by which time he was represented by Gerald Goldstein, a high-dollar drug-defense specialist from San Antonio. Hisfellow defendants, all o f wh om ha d comparatively modest bond re-quirements, were already free on bail. The morning of the hearing,Kimberlin said, he was placed in a holding tank in the federal courthouse. From the wire-mesh cell, he could see a teletype machine spitting ou t paper with his name on it; the machine chugged away, itseemed, for at least half an hour. Kimberlin couldn t make ou t thecontent of the printout. The thought occurred that it might be a copyof his criminal record, bu t his wasn t th t extensive. When he wastaken before the magistrate, an assistant U.S. attorney was holdingthe document. t was about thirty feet long, it was dragging on thefloor, Kimberlin said. Th e government attorney, Robert Berg, ex-plained to the magistrate that the dispatch, freshly arrived from Indianapolis, was the text of a thirty-four-count federal indictment: six ofthe eight bombings; possession of unregistered firearms; unlawfulpossession of explosives; unlawful transport of ammunition; unauthorized possession of military insignia an d the presidential seal; impersonating a federal officer; an d the injury to Carl Delong. TheTexas magistrate declined to reduce Kimberlin s bail. Meanwhile, inIndiana, the barrier to freedom ha d been raised by several multiples.The judge there ha d set a separate bail of 8 00 000 .

Documents

Levy Affidavit (Redaction)