Team Kimberlin Post of the Day

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.)BS_20130220

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.

6 thoughts on “Team Kimberlin Post of the Day

  1. I think you gave ol Cabin Boy too much helpful advice this time. Then again, I doubt he’ll know how to use it and will still try to bring in new “evidence” that will be inadmissible. Either way it is looking more and more like a bad day for the Cabin Boy.

    I would love it if the judge rules he can no longer use the Internet or a PC since he uses it to commit his crimes. It would be a fitting punishment, IMO. In many ways I think that would punish Cabin Boy Bill Schmalfeldt more than incarceration ever could, and would be much cheaper for the Taxpayers who would have to foot the bill for his healthcare and room and board.

    • A judge has already ruled that Bill Schmalfeldt may not use the internet or a PC to harass John Hoge. Bill Schmalfeldt continued to do so in open defiance of the court’s order. There is no reason to believe that Bill Schmalfeldt would do anything other than defy a judicial order not to operate a PC or access the internet.
      The threat is, “Obey this Court’s order or you will be jailed.” What message does it send to not follow through on that threat? Maybe that could be a condition of parole after spending some hard time.

      Suppose the judge confiscates his computer and cancels his internet access. What is to stop ACME law from dropping off an iPad with cellular service connecting him to some server in Arizona? What is to stop “friends” from stopping by and offering him use of their internet on the phone? If some technology could intercept and stop such use, what is to stop Federal Express from delivering a print out of every Hogewash post and comment with a self-addressed stamped reply envelope for Schmalfeldt to return his hand-written replies to yesterday’s posts for upload to some server in Holland? Any parole with restriction must be based on Bill Schmalfeldt showing some self-restraint. Since he exhibits absolutely no self-control any such attempt is merely granting the Cabin Boy yet another get-out-of-jail-free card.

      • Hey I’m with ya. I want ol Cabin Boy Bill Schmalfeldt punished as much as the next guy. I just think there are probably some intermittent steps that will be put up before he gets hard time.

        I get the feeling Cabin Boy doesn’t think a judge will actually punish him with some sort of fine or time. I think the judge is going to dissuade him of that notion PDQ.

      • Eventually, Deb Frisch was barred from having a computer and any accounts. It seems to have worked.

        Maybe something similar can be done with Schmalfeldt?

      • Apparently, Deb Frisch either didn’t have enablers or had the self-control to realize that subverting the order would result in her incarceration. Bill Schmalfeldt does have enablers who fundamentally don’t care if he ends behind bars, and, he lacks the necessary self-control to obey any court restrictions.

      • Deb Frisch had enablers.

        No, what stopped Deb was when she impersonated a public official.

        As long as she confined herself to harassing the hoi polloi, the authorities were hands-off. Oh, sure, she was arrested plenty of times, but her parents paid for fines and treatment, and kept her out of jail.

        When she impersonated a county official, however, they couldn’t prosecute her fast enough.

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