The Hoge v. Schmalfeldt peace order has been extended.
The Hoge v. Schmalfeldt peace order has been extended.
I have just received the following email—
Dear Mr. Hoge:
As Section 3-803 of the Maryland Criminal Law Code allows for a person to make such a request on behalf of another, I am officially and legally asking you to cease and desist all harassment of William M. “Bill” Schmalfeldt of Elkridge, Maryland. This includes referring to Mr. Schmalfeldt by such derogatory and defamatory “nicknames” as “Cabin Boy” or “Oedipal Bill” or anything other than his actual name. This includes the filing of any additional frivolous charges against him. Mr. Schmalfeldt can not preclude you from writing about him, but he considers derogatory nicknames, especially when they are spread by your followers all over the Internet, to be a textbook definition of harassment. Also, as all your previous criminal charges against Mr. Schmalfeldt have been dismissed by the Carroll County, Maryland, State’s Attorney, but you continue to file charges with the expectation that the outcome will somehow be different, Mr. Schmalfeldt considers the continued filing of these charges as harassment and demands that you cease at once.
Failure to abide by this request will be seen as a violation of the above named section, and you can expect Mr. Schmalfeldt to take appropriate steps.
I will have no comment on this until after I have consulted with counsel.
UPDATE—After consulting with counsel, I choose to hold my response until 9 December.
… I do not think it means what you think it means.
Bill Schmalfeldt doesn’t like being referred to as “oedipal.” He says that it means that he wants to have sex with his mother. This is the sort of thinking that might be expected from someone who gets his education in psychology from Tom Leher songs.
There once lived a man named Oedipus Rex.
You may have heard about his odd complex.
His name appears in Freud’s index
‘Cause he loved his mother.
Those of us who actually took PSYCH101 (I did almost 50 years ago) have a different understanding of “oedipal,” as it refers to the Oedipus Complex. According to Freud, all children go through a stage of attachment to the opposite sex parent that results in repressed anxiety with respect to the same sex parent. Psychologically healthy individuals mature past that phase. Unresolved son–father competition might result in a phallic stage fixation conducive to a boy becoming an aggressive, over-ambitious, vain man. Maturing past that phase and identifying with his father allows the boy to internalize morality. As he matures, he will choose to comply with societal rules, rather than reflexively complying in fear of punishment.
I have no idea about the actual state of the Cabin Boy’s psycho-social development. However, I can understand why someone might believe that he has developmental issues and refer to him as “oedipal.” That does’t imply that he wishes to have sex with anyone.
It would seem that his ignorance of Freudian psychology approaches his lack of knowledge of law.
What kind of self-image does Bill Schmalfeldt have?
A reader sent me a link to a tweet with a YouTube video that the Cabin Boy posted this morning. The theme of the video is the lopsided defeat of one football team by another which I guess is supposed to symbolize the thrashing he imagines he will give me in court on 9 December. He’s used scenes lifted from an old Popeye cartoon.
One more thing … the Cabin Boy’s little video doesn’t show you what happens after Popeye has his spinach and who really wins in the end.
Apparently, Bill Schmalfeldt doesn’t think very much of the petitions I filed with the Circuit Court earlier this month. Here’s 21 seconds from a video he posted commenting on them.
Video Credit: pupsoc dot com. Fair use for commentary and criticism.
Elvis (aka Kimberlin Unmasked) continues his/her/their Oedipal Bill cartoon series. Stop by and check out the latest.
That’s a acronym for the Kübler-Ross model for the five stages of grief. Denial, Anger, Bargaining, Depression, and Acceptance. Bill Schmalfeldt seems to be oscillating through the middle three. When he pulled the plug on political radio and stopped using @wjjhoge in his tweets, it looked as if he might be moving into the Depression stage, but some of his recent tweets appear to show that he has slipped backward.
1. I don’t want Bill Schmalfeldt to go to jail for over 350 years, but I do want him held accountable for his harassment. It’s a judge’s job to sort that out, not mine. He is the one who chose to violate the peace order 351 times, to engage in a course of harassing conduct intended to alarm or seriously annoy me, and to do it by means of electronic messages sent to me and received by me. I have merely shown what he has done to the proper authorities.
2/3. I do not recall ever leaving a comment on one of Bill Schmalfeldt’s blogs. Perhaps he is upset because so much of what he publishes makes into my Prevarication Du Jour feature. An easy way to avoid that is to stop lying. If didn’t want me to know what he was blogging, he shouldn’t have sent me pingback comments or tweets announcing the posts.
4. What makes the Cabin Boy think that I’ve gone to any significant effort to search for his Twitter accounts? There are lots of folks who have been looking for information about him, and some of them share it with me. Of course, it’s trivially easy to do a search for “Schmalfeldt” on Twitter. That returns such interesting accounts as @SchmalfeldtTeam.
5. I prefer not to get into the Cabin Boy’s scatological fixation.
6. I have my reasons.
7. I don’t. However, on any day that I have received a tweet from Schmalfeldt, I have backed up his Twitter account because of his habit of deleting tweets or whole accounts. I’m not the only person who does such logging.
8. If the Cabin Boy believes that I am stalking him, then he probably thinks that Mrs. Walker was stalking Brett Kimberlin when she photographed him stalking her in the parking lot of the Howard County Courthouse. It’s as if he’s saying, “No fair! You’re documenting what I’ve done.”
There’s one other significant, I hope, thing I see in those tweets. They refer to me without using @wjjhoge. Perhaps this means that the Cabin Boy has finally figured out how to write about me without writing to me.
We will see.
Bill Schmalfeldt has posted a marvelously hallucinatory piece over at his Patriot-Ombudsman web site (No, I won’t link to it.) in which he lays out yet another version of the history behind the peace order issued against him and his ongoing violations. It’s full of whoppers, but I’ll only consider two in this post.
That is a lie, and the Cabin Boy knows it. When he first made that claim, I responded by publishing the first two pages of the Application for Statement of Charges filed on 12 November (the remaining 39 pages contain nothing but the texts of tweets sent by Schmalfeldt). There is nothing in my complaint which seeks his arrest, and I was surprised when a warrant was issued. The Cabin Boy has now been served all 41 pages. If his claim were true, he has the evidence to confirm it. Why doesn’t he publish it? He can’t because it doesn’t exist.
The warrant was later rescinded, but a rumor began circulating that it had be reinstated. Here’s a lie about that—
No, I didn’t. The first time I heard anything about the warrant being reinstated was when these tweets appeared on my Interactions page—Note the timestamps—4:23 pm, 13 Nov 13. The first mention on Hogewash! of the possibility of the warrant being reinstated was in an update to my post linked above. The original post is timestamped 4:25 pm, so I was preparing that post when the Cabin Boy’s tweets went out. The update, which was written after I read the tweets above, is timestamped 4:54 pm. While there was some Twitter traffic by others, I didn’t tweet anything about the warrant until 9:17 am the next day.
Bill Schmalfeldt was the source of the rumor about the warrant being reinstated.
The Cabin Boy doesn’t seem to comprehend that “facts” are checkable. Internet traffic is timestamped, and there are people who are capturing all of his Internet traffic. Deleting tweets and posts, even whole websites, won’t erase what he’s done.
Accountability is lurking just around the corner.
He must not have looked very hard. The second tweet listed in the first Application appears to be his part of this exchange taken from the @LobotomyRadio timeline.That’s pretty good evidence that the Cabin Boy sent his tweet by clicking the Reply button at the bottom of @LNSmithee’s. Here is Twitter’s definition of a @reply:Thus, we see that my allegation that Bill Schmalfeldt was using both @mentions and @replies is supported by evidence.
UPDATE—Yes, indeed, Gentle Reader, the Cabin Boy wants us to believe that he didn’t use the reply button on this tweet to generate his tweet addressed to the accounts in the Reply to line shown here. Do you believe that it’s just a coincidence that the addresses on the Cabin Boy’s tweet are exactly the same accounts in exactly the same order with exactly the same capitalization as would have resulted from hitting the Reply button on the tweet he was commenting upon?
Neither do I.
One thing about Bill Schmalfeldt, he never lets the truth get in the way of his nonsensical allegations.“… a fierce hatred of Muslims?” I’m not a Muslim. I’m a Christian, so I believe that Muslims are mistaken in their religious views, but that doesn’t mean that I hate them.
Furthermore, while I have published criticism of Islamic terrorists, Hogewash! has never tried to tar all Muslims with their guilt.
Schmalfeldt needs to put up or shut up on this one. Either he needs to cite a specific post from this blog that a reasonable person would construe as expressing hatred for Islam or Muslims as a whole, or he needs to offer a retraction and apology. If he can find such a post, I will retract it and apologize for it—and I will donate $1,000 to the National Parkinson Foundation.
SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET
MUSIC: UP AND UNDER—RECORDED—CUT 1
ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!
MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2
ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)
JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.
MUSIC: MAIN TITLE—RECORDED—CUT 3
SOUND: CAR STARTING INTERIOR POV
JOHN: Who knows? Maybe a second set of harassment charges will chill him out?
SOUND: CAR ACCELERATES AND ROAD NOISE FADES Continue reading
During the run up to the hearing on Bill Schmalfeldt’s failed motion to modify the peace order issued against him, he kept ranting about how he was going to relitigate the Hoge v. Schmalfeldt peace order case during the hearing on the motion. My response to him was to offer a lesson in the meaning of the Latin phrase res judicata (“the thing decided”). As a legal principle, it means that a final judgment is just that; it’s final and not to be relitigated.
The Cabin Boy has committed an absurd number of violations of that peace order, so he is now facing an absurd number of criminal counts of failure to comply with a peace order. He’s taken to the Interwebz to lecture what few readers he can muster on his crackpot legal theory of why he really hasn’t done what the judge told him not to do. It may be time for him to learn a new Latin phrase.
Those word come from the legal maxim stare decisis et non quieta movere which means “to stand by decisions and not disturb the undisturbed.” As a legal principle, this means that courts abide by precedent and don’t disturb settled matters.
So what are the precedents and settled matters with respect to the Hoge v. Schmalfeldt peace order?
First, it is a settled matter of fact that Bill Schmalfeldt engaged in a course of conduct to harass me.
Second, it is a settled matter of fact that he used @mentions and @replies to do so. The only evidence offered in the trial in the Circuit Court was from Twitter, so if the judge found that harassment occurred, it must have been via Twitter.
Third, it is a settled matter of fact that the Circuit Court issued a peace order requiring that Schmalfeldt should not contact, attempt to contact, or harass me and that the order is effective until 14 December, 2013.
Fourth, it is a settled matter of law as far as the Circuit Court is concerned that Schmalfeldt’s use of @mentions and @replies on Twitter is within the scope of the Maryland harassment statue. The Court of Appeals refused to review the Circuit Court’s ruling.
Fifth, it is a settled matter of law as far as the Circuit Court is concerned that neither the ruling nor the dicta in U.S v. Cassidy are applicable to the Maryland harassment or peace order statutes. Cassidy turns on speech about someone. The harassment statute involves speech to someone. The Court of Appeals refused to review the Circuit Court’s ruling.
Sixth, it is a settled matter of law that one must obey a court order, even an unconstitutional one, until it is either rescinded or overturned on appeal. The Supreme Court said so in Walker v. City of Birmingham.
When the four cases (for now) dealing with the 351 counts (for now) of failure to comply with a peace order go before the District Court, the principles of res judicata and stare decisis should require the District Court to take the first three points above as a given. Also, since the Circuit Court is a higher court, the District Court should also be bound by higher court’s determination of the meaning of the law in points four and five. It will certainly be bound by Walker.
So the questions to be decided by the District Court should boil down to these:
1. What did the peace order forbid?
2. Did Bill Schmalfeldt commit a forbidden act?
Nothing that the Cabin Boy has been going on about should be relevant.
UPDATE—Some people will only learn Latin the hard way …
UPDATE 2—Minor correction for clarity.
Bill Schmalfledt has dug himself so deep a hole that many are now unclear just what he’s been charged with doing. At this point, there are four summonses that have been issued.
The first summons relates to conduct from 16 October to 8 November. Based on the evidence submitted, a District Court Commissioner charged Schmalfeldt with one count of misuse of electronic communication (Md Criminal Law § 3-805), 36 counts of failure to comply with a peace order (Md Courts & Judicial Proceedings § 3-1508), and one count of harassment (Md Criminal Law § 3-805).
The second summons relates to conduct from 8 November to 11 November. Based on the evidence submitted, a Commissioner charged Schmalfeldt with 198 counts of failure to comply with a peace order. These are the counts for which a warrant was originally issued. That warrant was converted to a summons.
The third summons relates to conduct on 13 and 14 November. Based on the evidence submitted, a Commissioner charged Schmalfledt with 88 counts of failure to comply with a peace order.
The fourth summons relates to conduct on 14 and 15 November. Based on the evidence submitted, a Commissioner charged Schmalfeldt with 29 counts of failure to comply with a peace order.
Meanwhile, Schmalfeldt keeps digging. The next time the Scream-O-Tweet counter updates, it will be well above 400.
UPDATE—Those are the current pending criminal charges. The trial date for the first summons is 29 January, 2014. The trial date for the other three summonses is 12 February, 2014.
I have also filed two petitions concerning the existing peace order with the Circuit Court. The peace order is a civil matter, although violating it is a crime. The first petition asks that the order be extended for six months. The second seeks an order to Schmalfeldt requiring that he show cause why the court should not hold him in contempt because of his disobedience of the peace order. Neither petition has been scheduled for a hearing as yet, but I am told the petition for the extension should be heard before the peace order expires on 14 December.
Bill Schmalfeldt has imagined a way that he would like for Twitter to work and uses that as a basis to try to support his continuing violation of the no contact provision of the peace order issued against him.
The Cabin Boy imagines that sending an @mention to me causes his tweet to appear in the timelines of my followers. Does it?
As a demonstration of that fact, consider these tweets that the Cabin Boy sent at 4:07 and 4:08 pm this afternoon.Now, take look at the timeline of the @hogewash Twitter account. That account follows @wjjhoge and does not have @WMSBroadcasting blocked. You can click on the image to embiggen it.
Notice that the account received tweets from Suzie Q. at 4:06 pm and Stacy McCain at 4:09 pm but did not receive Schmalfeldt’s tweets at 4:07 and 4:08. Simply put, Twitter doesn’t work the way the Cabin Boy claims it does.
He keeps asking if there is a way to communicate with my followers on Twitter without using @wjjhoge. There are several. One would be to go down the list of my followers and tweet or DM directly to them. Another would be to write something sufficiently interesting that his readership significantly intersected with mine.
He needs to try something because tweeting to me via @wjjhoge doesn’t reach my followers and isn’t necessary to reach his. But it is a violation of the peace order.
As of 5 pm this evening …UPDATE—Not long after this post went up, the Cabin Boy was on the Twitterz doing a bit of arm waving to try to convince the gullible that things work like he says. They don’t.
After his “demonstration,” I ran a controlled test using @wjjhoge (my main account), @hogewash (my backup account), and a third cooperating account. When the third account was following both accounts, it received @mentions of wjjhoge from hogewash. When it was following wjjhoge only, it did not receive the @mentions from hogewash.
The Cabin Boy’s scheme only works for accounts that follow both of us.
I hope he’s wearing Nomex Depends.
Bill Schmalfeldt seems to be trying to create the impression that I’m a wuss.The Gentle Reader should not be surprised to find that the Cabin Boy’s assertion is wrong. The peace order issued against him is based on the authority of Md Courts and Judicial Proceedings § 3-1503, and his failure to comply with the order is a violation of § 3-1508.
Protective orders that abused persons seek against significant others or family members are issued under the authority of Md Family Law § 4-506.
The processes for obtaining the different kinds of orders are somewhat similar but not identical.
As of 11 pm this evening, the Cabin Boy’s @wjjhoge tweet count stands at—As of now, Bill Schmalfeldt has been charged with one count each of harassment and misuse of electronic communications and 351 counts of failure to comply with a peace order. These only relate to his activity since the 16 October hearing on modification of the order. The potential penalties for all the charges amount to 351 years and 180 days in jail or fines up to $877,000.
I am very thankful for all the support you all continue to provide while I’m dealing with the likes of Bill Schmalfeldt.
I have great confidence in the authorities here in Carroll County to find a good long-term solution to his campaign of Internet harassment. However, this is an unusual case, and they need to carefully work their way through it. It probably won’t be helpful to joggle their elbows with letters and emails of support for me or criticism of the Cabin Boy.
There are really only two types of communication with the State’s Attorney’s Office that might be helpful. One might be comments from residents of Carroll County. The other might be a formal legal memo from an attorney with expertise in this sort of case.
If your comment doesn’t fall into either category, please don’t distract the public officials dealing with the cases.
Meanwhile, comments are open (but moderated) here.
This afternoon, evidence of Bill Schmalfeldt’s continuing behavior was presented to a District Court Commissioner who found probable cause that Schmalfeldt has committed 29 additional violations of the peace order issued against him. A summons was issued.
I do not plan to make any further comment on this matter until advised to do so by either the State’s Attorney’s Office or my counsel.
As of now, Bill Schmalfeldt has been charged with one count each of harassment and misuse of electronic communications and 322 counts of failure to comply with a peace order. These only relate to his activity since the 16 October hearing on modification of the order. The potential penalties for all the charges amount to 322 years and 180 days in jail or fines up to $804,500.
Yesterday afternoon, evidence of Bill Schmalfeldt’s continuing behavior was presented to a District Court Commissioner who found probable cause that Schmalfeldt has committed 88 additional violations of the peace order issued against him. A summons was issued.
I do not plan to make any further comment on this matter until advised to do so by either the State’s Attorney’s Office or my counsel.
Bill Schmalfeldt seems to think … no, that’s the wrong word … Bill Schmalfeldt seem to believe that I am under some obligation to block his various accounts on Twitter and other social media.Schmalfeldt is an adjudicated harasser who has had a peace order (see below) issued against him. It orders that he SHALL NOT contact (in person, by telephone, in writing, or by any other means), attempt to contact, or harass me. What does that mean?
Contact means any sort of interaction not just communication.
In person requires that he stay away from me. If, for example, he were shopping in a store and I walked in, he would be required to leave if necessary to avoid me. He is the one obligated to break contact.
By telephone means no phone calls. The Cabin Boy is supposed to refrain from calling me. I am under no obligation to change my phone numbers or leave my phone off the hook. Aside: the case law that makes each separate contact a separate violation stems from the case of a jerk who kept hitting the redial button on his phone, Triggs v. State, 852 A.2d 114 (2004).
In writing includes all forms of written communication. No notes slipped under the door. No mail. He not supposed to send me anything. I don’t have to stop my mail delivery or start using a blind post office box.
Any other means means just that. Contact via smoke signals, ham radio, semaphore flags, even Twitter and blog comments, are all prohibited. He is supposed to refrain from contacting me. I don’t have to change my email address. I don’t have to stay off the 20 meter amateur radio band. I don’t have to disable any functionality on my blog comment system. I don’t have to block him on Twitter.
The Cabin Boy is supposed to leave me alone. Moreover, he isn’t even supposed to try to contact me, and that includes getting someone else to deliver a message for him.
There are very few exceptions for such things as service of legal process and in-court communication.
Finally, he not supposed to harass me. That includes engaging in the sort of behavior which caused the peace order to be issued, i.e., continuing to contact me without a legal purpose after having been told to stop. Note that the judge explained to him that meant and that the Cabin Boy has chosen to ignore those instructions.
But the net is this—Bill Schmalfeldt’s criminal behavior resulted in a peace order. If he is inconvenienced by it, that’s his problem and not anyone else’s.