My Morning in Court

We were called in to the courtroom at around 10 am, and after a few preliminary matters, Bill Schmalfeldt called me as his witness. I was on the stand for about 25 minutes and answered fewer than 10 questions. Most of the time was spent either by my lawyer objecting (and the judge sustaining her objection) on matters of relevance or Judge Stansfield correcting Schmalfeldt’s misunderstandings of legal concepts. In particular, the judge repeatedly had to explain that a hearing on a motion to modify deals with what has happened since a court order has been issued, not the evidence that led to the court order. The judge explained that there would be no new trial unless the Court of Appeals remanded the case back to the Circuit Court ordering one.

The judge explained to Schmalfeldt that there is no exception to Maryland’s harassment statute for “journalism.” He also explained why the U.S. v. Cassidy case did not bear on the facts or the law in Hoge v. Schmalfeldt.

None of Schmalfeldt’s exhibits were received into evidence.

When Schmalfeldt rested his case, the judge dismissed the petition on his own motion. My lawyer did not have to present my side of the case.

UPDATE—Schmalfledt never got around to making his argument based on the wild idea that the peace order violated the Americans with Disabilities Act.

UPDATE 2—Stacy McCain has some thoughts here.

48 thoughts on “My Morning in Court

  1. It’s amazing how you can think this means victory for you. You sir, are obviously deluded. Clearly Schmalfeldt prevailed here because…. uh…. PARKINSONS!!!

    • Come, come now Keys’. Mr. Hoge is obviously in the denial phase of grief. Anger and bargaining should be next. I mean truely, being named co-conspirator by a pedophilic convicted bomber has got to set his heart afluttter. Or maybe it’s the celebratory burrito in the courthouse cafe….. meh.

      Congrats Mr. H.

  2. Surely you jest, Mr. Hoge.

    Bill Schmalfeldt is a PROFESSIONAL. JOURNALIST. He said that he would humiliate you today. He say he would prove you committed perjury. He said you would be charged with a crime. He said the Peace Order would be lifted. He said he would prevail.

    How can we believe you that none of that happened?

    If none of that happened Mr. Schmalfeldt might not be a PROFESSIONAL. JOURNALIST. He might just be a deranged cyberstalker. He might just be a disturbed freak. He might just be a lifelong failure at everything he has undertaken.. He might just be someone who wears the title “journalist” the way Buffalo Bill wears women’s skin. He might just be someone who derives whatever remaining sordid pleasure of which he is capable by threatening witnesses and their children, making sexual jokes about the teenaged kids of his opponents, hounding mourning parents, making racist comments about the wives of opponents, indulging in scatalogical homophobia, uttering rape and murder fantasies, and being the compliant lap-dog of terrorists.

      • You unlock this door with the key of imagination. Beyond it is another dimension—a dimension of sound, a dimension of sight, a dimension of mind. You’re moving into a land of both shadow and substance, of things and ideas. You’ve just crossed over into the Twilight Zone.

    • He kind of does look like the Tooth Fair.

      Thanks for remembering the perjury thing. For something that he railed and ranted about endlessly he sure did memory hole it PDQ.

    • “…the way Buffalo Bill wears women’s skin.”

      I hadn’t thought of that. Nobody bothered to ask BS if he wears women’s skin. And I’m pretty thorough. And note…his name is Bill too. Coincidence? Maybe. But don’t forget, there was talk of bodies not long ago. Hey, I’m just connecting dots here. That’s what I do. I’m a professional dot-connector.

  3. BS last night:
    “As of tomorrow, I move from active participant in this melodrama to amused spectator. Very amused.” 2:09 PM – 15 Oct 13

    That’s what he thinks.

    BS, also last night:

    “2. I am not Perry Mason, but I know my rights, and I understand the rules of court procedure.”
    5:19 PM – 15 Oct 13

    That tweet contains one accurate statement, and it’s the first one.

    • For someone who stated that he was no longer an active participant, he sure seems to have been and continues to be participating a lot. And defaming people. You know, I bet you could get some decent money for a mobile home. He is indeed a deranged cyberstalking troll, and he won’t stop unless he’s locked up, committed, or prohibited from accessing the net.

  4. Glad to hear it. In fact it is funny.

    I’ve been threatened to being named as part of the RICO case simply because I tweeked the Cabin Boys nose about not winning today. He seems to think that HE can name people to the RICO case by virtue of breathing or some such.

    Cabin Boy also swears that all that happened in court today was the Judge saying that the Court Of Appeals will have to decide the case. In fact he KNEW that was going to happen today and he was expecting it.

  5. The fat has gone to his brain. He is claiming that the defendants HAVE TO DISPROVE Kimberlin’s allegations. No, sweetie, just the opposite. Kimberlin has to prove his claims.

  6. Sounds like it went a bit like predicted then.
    I’ve missed a few posts, but I’m fairly certain you had at least one mentioning that Cassidy didn’t apply and other noting this was not a de novo trial, so Acme Law should have at least been prepared.
    Huh, it’s like they’re inept or something.

  7. Well done. You know he’s gonna violate the order, right? Lawfare seems to be a one-way street. So what phase can we use? “Adjudicated serial harasser Bill Sch…” I need something to go with “Convicted bomber Brett Kimberlin.”

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  9. Hard to believe, but BS is having a meltdown. He is posting KimberlinUnmasked’s filings saying they are all lies.

    He should probably read them. They are prepared very well. I suspect the judge will grant the motion to dismiss for KU.

    And now that K has launched all of this harassing lawfare, he has established a reason for people to come after him for abuse of process and all that.

    • So who gave him Kimberlin Unmasked’s court filings? The same person who gave him Aaron Walker’s sealed discovery?

      I’m just connecting dots here.

  10. Figured it was time I made a comment here. I stumbled into an old courthouse in Maryland today and what to my wonder eyes did appear but a Schmalfeldt being wheeled into the courthouse by Kimberlin and his bodyguard. (As an aside, I guess if I was a man as small in stature and humanity as Kimberlin I might need a bodyguard too.) One of the first issues was the original court room was on the second floor. Now here is where I will give Bill credit. He did offer to walk up the stairs. He said he could go up stairs one at a time. And then he said, “I’m not paralyzed, I have Parkinsons” Funny, just the other day he said he was confined to a wheelchair permanently, but today, he would have walked up a flight of stairs. It’s a miracle cure!

    In the courtroom Bill made an impassioned opening statement that resembled many of his rants on Twitter. Journalist, He was the victim, etc. There was a very large stack of papers on the table in front of Bill. Exhibits dontcha know. Mr. Hoge was called as a witness and sworn in. Bill jumped right in by asking about his status as a journalist. Mr. Hoge allowed has how he didn’t think Bill was a journalist. Bill was reaching for his Society of Professional Journalist exhibits when Zoa objected and asked why it was relevant if he was a journalist or not. The judge patiently explained to Bill that there are limits that even journalists, if he was indeed one and that had not been proven, needed to observe and they had already tried this particular point in granting the peace order and to move on.

    Bill moved onto…not sure exactly where he was going. Something about writing about hate groups and Mr. Hoge being part of a hate group. Zoa objected again. Again the judge instructed Bill that this had all be covered and it did not pertain to the modification of the peace order.

    Bill tried several other avenues of questioning with the same result. He kept being told by a very patient judge that he was tying to go back and prove the Peace Order should not have been granted and that was a question for his appeal and not a modification hearing. Bill was visibly upset. Pounded the table, raised his voice, tried to cut off Zoa several times. I swear Kimberlin let out small laughs several times. Good thing Bill had his back to him.

    In the end, all the exhibits were put away since they could not be used and Bill asked to make a closing statement. Zoa allowed as how she had no witnesses and that Bill had presented nothing that would permit a modification of the order. The judge agreed and ruled as Bill was objecting that he didn’t get the last word. Poor Bill.

    All in all it was like watching a baby seal get clubbed over and over. You could see the defeat on Bill as each and every one of his Acme Legal arguments were shredded by the judge.

    I will say the judge was very patient with Bill and took extra time to instruct him on points of law and why they did not apply to what he was trying to accomplish. The judge even gave Bill the benefit of the doubt repeatedly telling him, Even if what you are saying is true, it does apply because…. I’ve already seen Bill on twitter denigrating the judge and I’m here to say that the judge was patient, well versed in the applicable law….and spiffily attired with a bow tie.

    It was nice meeting Mr. Hoge and Zoa today. (Wait, didn’t Bill brush off Zoa and just a “family law” lawyer? Wow, must be doubly humiliating to be shut down so completely by someone you think you’re superior to.) I wish Mr. Hoge well on the Appeal as it’s apparent that Bill holds himself to be above the law. That was on clear display today.

      • I’m sure you were nattily dressed sir. I’ve still got you in my prayers as the attacks keep coming in different forms from different quarters.

        I hope you stopped by the SA office and had some new violations drawn up. I know I certainly would keep hammering the Cabin Boy with every violation he makes..eventually they HAVE to see it is a pattern and prosecute. I would hope at least.

      • Yep, he kept trying to prove that the original order should not have been granted. I’ll say it again, the judge was very patient with him. Oh, and Mr. Hoge is an excellent job of not laughing in Bill’s face. I know it must have been a struggle.

        What’s the word I’m looking for….oh yeah….Res Judicata

    • “Bill was visibly upset. Pounded the table”

      Reminds me of an old joke, advice from an old lawyer to a new lawyer.

      “If you have the facts on your side, pound them into the jury. If you have the law on your side, pound it into the judge. If you have neither, pound on the table.”

  11. Ya know…I think I would have been mean and asked him WHY he didn’t make that argument before he rested his case…just so he could be shown how asinine his argument is. I don’t think the judge would have had the stomach for it though.

  12. This is the cyberstalker showing contrition after his embarrassing failure in court. BUT, HE KNOWS HIS RIGHTS!!! Ahem:

    @rsmccain @BomberSues You don’t scare me. You really don’t. You tried. You failed. I am still free. And tomorrow or Friday, the PO is toast.

    @rsmccain @BomberSues So? Take it to the State’s Attorney. He’s already said no 8 times to “violating the peace order” charges.

    In other words, screw the judge, screw the states attorney, and I’ll keep tweeting Hoge at @BomberSues as much as I want.

    • Taunting is extremely poor form. At some point the States Attorney is going to have to realize that all his attempts to bend over backwards in favor of Bill Schmalfeldt have only been meet with demands that he bend over forwards. At some point the SA is going to have to realize that his actions, or more accurately his inactions, has brought both himself and the peace order process in disrepute.

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  14. Great job Mr. H, glad the hearing went well for you. Keep up the good fight and don’t let the Cabin turd, i mean dude, get to you.

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