HomePhotos: US Athlete Before the AccidentInjury DescriptionYouTubeLinksTwitterMarch 2, 2011 - New Zealand

 

* In May 2002, Kimberly2004.com was originally launched as a very different site - it was a fundraising site for US Sailing Team athlete Kim Birkenfeld's Athens 2004 Olympic Campaign when she was ranked 1st in her sport in the US.x

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The US Olympic hopeful athlete could make no statement. She was comatose and near death from head injury/near drowning.
 
The coach from the New Zealand Olympic Sailing Team swore to police that the US athlete had sailed into the back left side of his powerboat - causing her own catastrophic injury.
But the coach's statement is contradicted by evidence which demonstrates that the powerboat ran over the windsurfing athlete while she was stopped in the water.
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The Greek police simply reported that the accident was the fault of the athlete - omitting the evidence seen below. The accident happened shortly before the 2004 Athens Olympics.

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New Zealand Olympic Sailing Team Powerboat (YNZ)
YachtingNewZealandPowerboat.jpg

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The Greek report blames the accident on the US athlete - while omitting evidence seen on the right of this page including:
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1. that the athlete's injuries included blunt force trauma to the back of her skull, 12 fractured teeth, and fractured jaw, and 
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2. that damage to the athlete's equipment is limited to the middle of her windsurfing board.

When US athlete Kim Birkenfeld woke from coma a month after the accident in September 2002, she found herself back in the US, but was unable to speak or walk.  Shortly thereafter, in spite of head-injury, she was prescribed narcotics.

In 2004, while on narcotics, she was advised not to file proceedings in the US, but to instead file in New Zealand. See below as to NZ court proceedings.

In January 2010,  in spite of continued prescriptions from doctors, Birkenfeld took herself off all narcotic-based medication.

Soon after - following the death of luge athlete Kumaritashvili at the Vancouver 2010 Olympic Games - she found reason and strength to publish this website.

Says Birkenfeld:  "God Bless Nodar Kumaritashvili. When the Olympic movement immediately blamed the luge accident on the athlete, I became angry.  

I found inspiration to fight back so the voiceless athlete's side of story is heard - this time."

 

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New Zealand Court Proceedings 2004-2011
 
In August 2004, with her thinking distorted by prescribed narcotics, Birkenfeld was advised to file proceedings in New Zealand. Her NZ attorney told her it was an admiralty proceeding. 

After 7 years of unremitting motions and pre-trial hearings, New Zealand courts have effectively said that neither the public, the athlete, nor her family have right to know how the accident happened that left Birkenfeld crippled for life.  There has never been a determination on the merits.

Hearing of the US athlete's appeal is scheduled for March 2, 2011 at 10 AM in the Court of Appeal, Wellington, New Zealand.

Birkenfeld v Bruce Anthony Kendall and Yachting New Zealand Inc. CA 793/2009

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CourtsofNewZealand.jpg

 

At 2012, the former US Sailing Team athlete resides in Miami - homebound due to severe disabilities resulting from the 2002 Olympic Test Event accident. 

 

Court of Appeal, Wellington, New Zealand Nov. 2008
BirkenfeldCourt_AppearanceNewZealand.jpg
Former US Olympic hopeful Birkenfeld is unable to walk ten feet without assistance.

US athlete: Evidence shows stopped in the water
SittingonOlympicWindsurfingBoard.jpg

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xEvidence omitted from the police report:

KimBirkenfeldHeadInjury1.JPG
1. US athlete: blunt-force trauma to back of skull (depressed skull fracture)

 

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Olympicwindsurfphoto.jpg
2. US athlete's Olympic windsurfing board is damaged only in the middle

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