#BillSchmalfeldt Gets It Wrong. Yet Again.

RadioWMS ‏And yet, certain parties continue to refer to me by derogatory nicknames. Is that not at least the same sort of conduct I am charged with?
5:19 PM – 6 Jul 13

The Sore Loserman doesn’t like to be referred to as Cabin Boy Bill. Perhaps he should review Judge Zwaig’s ruling in Walker v. Schmalfeldt. Surely, as the star of an Internet radio service, Bill Schmalfeldt, a public figure, should be required to put up with what is said about him at least to the same extent that Aaron Walker must. Or does being on the receiving end of the same defense he offered cause more Schmalfeldt pain than he can handle. It almost as if he can dish it, but he can’t take it.

Actually, that mockery is nonsense. The Cabin Boy hasn’t been charged because he referred to someone by a derogatory nickname. What Judge Stansfield found in Hoge v. Schmalfeldt was that Schmalfeldt engaged in a continuing pattern of conduct with the purpose of harassing, alarming, or seriously annoying me. The judge found that Schmalfeldt kept doing so after he was put on notice to stop contacting me and that Schmalfeldt was aware of the notice. The judge also found that Schmalfeldt did it without a legal purpose—any legal purpose—including those specified in the law. Furthermore, the judge found that Schmalfeldt was likely to continue his harassment of me, so he issued a peace order requiring that Schmalfeldt refrain from contacting, attempting to contact, or harassing me for 6 months.

The harassment I put up with from Schmalfeldt was nickel/dime stuff compared to what Aaron Walker has had to deal with. Given the Circuit Court’s finding that Schmalfeldt was harassing me and given that Aaron Walker was an addressee of many of the same messages, a similar finding with respect to Schmalfeldt’s behavior toward Walker would not be unreasonable. The difference is that my case was civil while the case involving Walker is criminal. If it goes forward, it will be State v. Schmalfeldt.

Lawyers have a rule of thumb that says when the facts are against you, stress the law; when the law is against you, stress the facts; and when the facts and the law are both against you, yell and bang on the table. Schmalfeldt has never had the facts on his side. Tae Kim, the Cabin Boy’s lawyer, did a fairly slick job of convincing District Court judges of loopholes to save his client, but when a case got to Circuit Court on appeal all of those alleged loopholes were plugged. With neither the facts nor the law on his side, Schmalfeldt is now engaged in table banging.

RadioWMS ‏Hoge knows my comments about “you can never mention my name ever never” were meant as a joke, still, he says I was serious.
6:53 PM – 6 Jul 13

I know no such thing. I have no way of knowing when Bill Schmalfeldt is serious or when he thinks he’s joking. I do know that he reacts poorly to being held accountable for his own actions.

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