Team Kimberlin Post of the Day


Toward the end of his direct examination of me during the Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin brought up the subject of Bill Schmalfeldt.

MR. KIMBERLIN: Have you filed any — do you know a reporter named — or an individual named Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you filed 367 —

MR. OSTRONIC: Objection.

THE COURT: Sustained —

MR. KIMBERLIN: — criminal charges against Bill Schmalfeldt?

THE COURT: — that is the most leading question I’ve ever heard.

MR. KIMBERLIN: Okay. Have you filed any charges against Bill Smallfeld?

MR. OSTRONIC: I’m still going to object.

THE COURT: Sustained. You can’t tell the person the answer to the question in the question. That’s what a leading question is.

MR. KIMBERLIN: Do you know Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you ever filed any charges against him?

MR. HOGE: Yes.

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. KIMBERLIN: How many?

MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.

MR. KIMBERLIN: So, 367 criminal charges. My question, what were the results? Simple question. Were they nolle prosed?

MR. HOGE: At my request.

MR. KIMBERLIN: And you — why did you file — what got Smallfeldt on —

MR. OSTRONIC: Objection, your honor. This —

THE COURT: Sustained.

MR. OSTRONIC: — can’t be possibly be defamation —

MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone. Innocent question. He’s a reporter. He wrote a story.

MR. OSTRONIC: Objection.

THE COURT: Well, that’s not a —

MR. KIMBERLIN: Okay. And what happens?

THE COURT: — cause of action. It’s not a cause of action whether they — even if they did that —

MR. KIMBERLIN: It goes to malice.

THE COURT: — that’s not a cause of action.

MR. KIMBERLIN: It goes to malice, sir.

THE COURT: But — for someone else to be — no. Ask another question if you have one.

TDPK got off that topic and moved on briefly to something else. My lawyer only had one question during cross examination.

MR. OSTRONIC: I just have one question, and — on the Bill Schmalfeldt bit. Your charges were — what was the brief disposition of those?

MR. HOGE: Because of — things were getting so out of hand, at the suggestion of the Carroll County State’s Attorney’s Office, Mr.Schmalfeldt and I engaged in a mediation session. At the mediation session, Mr. Schmalfeldt agreed to abide by the peace order going forward. If I was going to get him to abide by the peace order, there wasn’t any reason to go any further, and so I — if you’re going to do this, then let’s dismiss the charges.

This was the second instance of TDPK trying to make the case that my attempts to enforce the peace order against Bill Schmalfeldt demonstrated malice toward Brett Kimberlin. (The first was in a filing in the Kimberlin v. The Universe, et al. RICO Madness.) I find this more than a little interesting.

Now, it is true that the first time I wrote about Schmalfeldt, I was covering the news of his publication of sealed court documents on Kimberlin’s behalf. However, the basis of the peace order had to do with Schmalfeldt’s subsequent harassment of me. It was not based on any actions taken by TDPK—unless Schmalfeldt was acting as Kimberlin’s agent while harassing me.

Of course, that’s not an unreasonable assumption. Schmalfeldt famously proclaimed that he would not have to be “investigating” folks if they would leave Brett Kimberlin alone.

Whatever.

Bill Schmalfeldt is now effectively sidelined. He knows that any further attempts at using extortionate tactics for his “investigations” will result in pushback, the least of which could be yet another restraining order or peace order. He has no significant following. He sputters and rants about what he reads online to a minuscule audience. No one takes him seriously, and, except for a few people who poke fun at him, almost no one looks at his tweet feed or blog. Essentially all the copies of his recent books that he sold were purchased for use as evidence against him. None of his “friends” have answered any of his tweets for over a week. He’s last year’s train wreck.

He’s also is, or should be, an object lesson to the rest of Team Kimberlin. Their lying, cyberthuggery, and lawfare is doomed to failure when it meets determined opposition. The smarter members will likely try to disentangle themselves. The rest will go down with The Dread Pirate Kimberlin on his sinking ship.

Shameless Commerce


The easiest way to discredit Bill Schmalfeldt is to quote Bill Schmalfelt.

—Stacy McCain

Yep. And the easiest way to quote him wholesale is make his latest book more widely available. Why not let him embarrass himself in his own words?animus_nocendiYou can buy a copy from Amazon by clicking on this link. Of course, the Cabin Boy™ will make a few bucks on each sale, but so will I—and I’ll pass all the earnings through to the Bomber Sues Bloggers fund.

UPDATE—The purpose of promoting this book is not to embarrass the Cabin Boy™. To do that, he would need to have a sense of shame, so embarrassment is clearly off the table. No, the purpose is to discredit him.

Team Kimberlin Post of the Day


My copy of Animus Nocendi, Bill Schmalfeldt’s latest cut-and-paste opus, arrived Thursday afternoon. I’ve read it. It uses some of his old blog posts and various court papers stitched together with a bit of connective text to attempt to tell his side of “the story.” I can’t really recommend it as an accurate, nothing-but-the-truth, recounting of the interactions between him and me over the past couple of years.

He does share one interesting anecdote. At the very beginning of the book, he relates a conversation he had with Brett Kimberlin in which the subject of Kimberlin’s claim of being Dan Quayle’s dope dealer came up. He quotes Kimberlin as saying, “Of all the things I’ve been charged with, that’s the one thing I DID do!” That summarizes the factually challenged nature of the book. Brett Kimberlin was never charged with selling marijuana (or any other drug) to Dan Quayle, and, if Mark Singer’s research for Citizen K, Kimberlin’s authorized biography, is to be believed, he never sold Dan Quayle any dope either. Similarly, many of the events discussed in the book did not actually transpire as Schmalfeldt describes them.

As I said, I can’t recommend Animus Nocendi. Howerver, if you insist on buying a copy, may I suggest that you use the Amazon shopping link on the Home page? I’ll get a cut of the action, and any earnings from sales of the book will be sent to Bomber Sues Bloggers to help with the expense of defending against The Dread Pro-Se Kimberlin’s vexatious lawsuit aimed at suppressing the First Amendment rights of bloggers.

One more thing … animus nocendi is Latin for “intending to harm.” That appears to be an accurate description of the purpose of the book.

In Re a Peace Order


Last month, I sought a peace order against Bill Schmalfeldt. It was denied by a District Court judge who does not believe that Internet harassment can trigger the Maryland peace order statute. I appealed. The de novo appeal trial was scheduled for this morning in Circuit Court.

Bill Schmalfeldt and I had a discussion immediately after the settlement conference for the copyright infringement suit I filed against him. During that discussion, he made representations to me about his plan for his Internet presence going forward. I told him that, if he followed that plan, there would be no reason to follow through with my peace order petition. I encouraged him to pursue the course he outlined. I asked him to give me a reason to drop the matter, and we shook hands.

While he seemed to be following his plan for a week or so, Schmalfeldt quickly began giving me reasons to question his sincerity. His behavior over the past week convinced me that I should not withdraw my petition.

Bill Schmalfeldt was a no-show in court this morning. Based on my petition and testimony, Judge Galloway granted the peace order.

UPDATE—There have been some questions about the sort of evidence I presented while seeking the peace order. First, I presented evidence that I had demanded that the Cabin Boy™ to refrain from contacting or harassing me. Second, I presented evidence that he had received and was aware of my demand. Third, I presented evidence of contact and harassment in the form of emails and comments directed to this blog, a bogus DMCA takedown notice, and an extortionate threat to file criminal charges if I did not provide him with the identity of “Paul Krendler.”

For example—BS201407080049ZUPDATE 2—The Dreadful Pro-Se Schmalfeldt™ had filed a motion to dismiss based on a claim that Carroll County was an improper venue for my petition. Given that my petition was granted, the Gentle Reader should not be surprised to hear that the motion was denied.

On Taste


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The only problem with Microsoft is that they just have no taste. They have absolutely no taste, and I don’t mean that in a small way, I mean that in a big way. They don’t think of original ideas, and they don’t bring much culture into their product. You say, why is that important? Proportionally spaced fonts come from type-setting and beautiful books, that’s where one gets the idea. If it weren’t for the Mac, they would never have that in their products. So I’m saddened—not by Microsoft’s success, I have no problem with their success. They’ve earned their success, for the most part. I have a problem with the fact that they just make really third-rate products. Their products have no spirit to them. They have no spirit of enlightenment about them. They are very pedestrian. And the sad part is that a lot of customers don’t have a lot of that spirit either.

—Steve Jobs