Bill Schmalfeldt keeps bringing up what he hopes is a loophole in the harassment statute that might save him from the peace order issued against him. The particular clause he tries to rely on reads
(b) Exceptions.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.
Schmalfeldt was afforded an opportunity to present his case in the Circuit Court assisted by able counsel. Judge Stansfield heard my testimony and the Cabin Boy’s. He heard my lawyer’s argument and Schmalfeldt’s lawyer’s argument. Schmalfeldt raised the issue of the peaceable activity exception during the trial.
Judge Stansfield, as the trier of fact in the case, found that Bill Schmalfeldt engaged in behavior that did not meet the requirements of that exception. He found that tweets like the ones below weren’t peaceable activity intended to express a political view or provide information to others. (Note: The timestamps on the tweets are in GMT.)
The judge found that they were part of a course of conduct intended to harass, alarm, or seriously annoy me.
Of course, the Sore Loserman is entitled to his appeal, but an appeal is based on the facts introduced at trial and nothing more. No new evidence is admissible. No new testimony is allowed. Schmalfeldt will not get a trial de novo in the Court of Appeals. The facts of the case are now a settled matter. What his appeal must argue is that, given the facts found from the evidence presented at the trial, the law was somehow misapplied. As far as the law is concerned, it is a fact that Schmalfeldt engaged in a course of conduct intended to harass, annoy, or seriously alarm me; it is a fact that he did so after being told to stop; and it is a fact that his actions were not a peaceable activity intended to express a political view or provide information to others. For his Motion to Modify or his appeal to succeed, he must convince whichever court he argues before that he should not be subject to the peace order in spite of those facts.
That doesn’t seem to fit with the Cabin Boy’s ideas of how he plans to proceed, but he is still getting his legal advice from Acme, and I am represented by an experience lawyer.