Over at his rabid response blog, Sore Loserman Bill continues to misrepresent what happened along the path to his losing in the Hoge v. Schmalfeldt peace order.
There are some basic differences in the ways Aaron “Worthing” Walker, William John Joseph Hoge and Lee Stranahan presented their cases against me to the Howard County and Carrol County (Hoge), Maryland States Attorney’s offices.
1. They filled out Applications for Statements of Charges without consulting a lawyer — except, of course, for Aaron Walker.
As you will see below, I did generally discuss my options with several lawyers before I reported the matters in my Applications for Statements of Charges to the Carroll County Sheriff’s Office and was told by the responding deputy (who is not, so far as I know, a lawyer) that I should file charges with the District Court Commissioner. That is to say, I reported a suspected crime to law enforcement and followed the direction given to me. I filed the subsequent peace order petition when Schmalfeldt continued his harassment after the charges were filed.
5. When Walker, Hoge and Lee Stranahan lost the 13 charges and peace orders they took out against me …
The Cabin Boy is having trouble with his score keeping. The most charitable allowance would be two wins. He prevailed in the Walker v. Schmalfeldt and the second Hoge v. Schmalfeldt peace order petitions. However, since the basis for the ruling in the second Hoge v. Schmalfeldt petition was used as the basis for his Motion for Dismissal and the Circuit Court found that to be erroneous, that “win” should have the same sort of asterisk next to it as Pete Rose enjoys. Moreover, he flat out lost the first Hoge v. Schmalfeldt peace order case in the Circuit Court, so his “win” in the District Court is effectively erased. I should note that I filed the second petition when Schamfeldt refused to abide by the warning to leave me alone that Judge Rasinky gave him from the bench during the first hearing and because the appeal hearing was still more that two months off.
Now, let’s consider the criminal charges. They were nolle prossed. That means that the Howard County and Carroll County State’s Attorneys decided that it was not in their interests to pursue the cases. Nolle prosequi is not an acquittal. It’s more like having the game called for rain. It’s my understanding that the possibility of each of those charges being refiled will hang over the Cabin Boy’s head until its statute of limitation expires.
So here’s the actual score in Carroll County. Peace Orders: Hoge 1, *Schmalfeldt 1. Criminal Charges: on hold.
But once a Carroll County judge decided to award Mr. Hoge’s appeal of the peace order, thereby allowing Mr. Hoge to insult and defame me any time he wishes while I am not allowed to respond to him, he’s been waving that around like it’s the Constitution of the United States.
There is nothing in the peace order (read it here) that allows me to defame Bill Schmalfeldt or anyone else. There is nothing in the peace order that prevents him from writing about me. He does have to refrain from contacting or attempting to contact me, but anyone willing to read his blog (No, I won’t link to it.) can see that he responds to my writing.
People are allowed to refer to Bill Schmalfeldt in ways that he may find insulting. Given his behavior since losing in Hoge v. Schmalfeldt, I believe that Sore Loserman is an reasonably accurate label for the Cabin Boy. Now, about the designation Cabin Boy—that stems from his behavior as a member of Team Kimberlin last year when Kimberlin put up his pirate-themed Bloggers Offense Team website (NIWLTI). One of my readers referred to Schmalfeldt as “Cabin Boy Bill Schmalfeldt,” and it stuck. Meanwhile, Schmalfeldt was addressing me as “f___er” long before the term Cabin Boy appeared. I do find it a bit insulting to be called a “cowardly c*nt” or a demented old man, but “Hoggy” doesn’t bother me at all. Folks have called me that since kindergarten.
Let’s talk a bit about the Constitution, starting with the First Amendment. I’ve written in this blog and stated in Court that I support Bill Schmalfeldt’s First Amendment right to speak and write about me so long as he stays within the law’s limits regarding threats and defamation, but speaking about me is not the same thing as speaking to me. I have a Ninth Amendment right to be left alone. That’s what the peace order protects. I raised my right hand, took a step forward, and took an oath to defend that Constitution. I’ve been shot at while defending it. I take it seriously.
That seriousness is was what led me to take a two-step process in dealing with Bill Schmalfeldt’s harassment. I didn’t file the peace order petition along with the initial charges. Several of the lawyers I discussed the matter with were concerned about using Maryland’s peace order statute. They pointed to Brett Kimberlin’s abusive use of peace orders against Aaron Walker and the possibility of setting a constitutionally dangerous precedent. I initially concurred, but when the criminal charges didn’t get Schmalfeldt’s attention, I was forced to turn the heat up a notch.
Fortunately, Judge Stansfield stuck to the limits of the statute and the Constitution. Twitter and online journalism have survived. Cabin Boy Bill’s style has been cramped. Tough.
The Sore Loserman continues to huff and puff. If he files a civil suit, he should expect that the documents sought during the peace order cases will be but the tip of the discovery iceberg, and I’m told that discovery in criminal cases can be even more extensive.