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.