On 16 October, there was a hearing in the Circuit Court on Bill Schmalfedt’s motion to modify the peace order issued against him. The motion was denied, and the original order was left in place. The next day, the Court of Appeals denied Schmalfeldt’s appeal, essentially upholding the Circuit Court’s rulings. The peace order says that Schmalfeldt SHALL NOT (My caps lock didn’t stick; the order is all caps at that point.) contact me by any means. Period. @mentions and @replies on Twitter are within the scope of the order.
So what did the Cabin Boy do? He began tweeting to me within an hour-and-a-half of the judge’s ruling on the 16th, and he’s kept it up. Last Friday, I showed what he’d been doing to a District Court Commissioner. The Commissioner charged Schmalfeldt with one count of electronic mail harassment, one count under the general harassment statute, and 36 counts of failure to comply with the peace order—one for each tweet. (n.b.: The Commissioner has charged Schmalfeldt. I haven’t.)
So how has the Cabin Boy responded? He’s begun tweeting to me at an even greater rate. As of 11:45 ET last night, here’s how serial harasser Schmalfeldt was doing:
Gentle Reader, the possible penalties for the first count of violating a peace order is 90 days in the slammer or a $500 fine. All subsequent offenses can bring up to a year or up to 2500 bucks.
145 X $2500 + $500 = $363,000.
Given his grave financial condition, the fines may not be a real concern.
However, three hots, a cot, and free health care, albeit all of a low quality, might be an incentive for such an effort.
Or maybe he’s just batshit crazy…
Maybe Bill’s excellent friend Brett Kimberlin will pay the fines for him.
Or whoever is continuing to give him such sound legal advice. Remember, “investigative journalist” CBBS is the one who was vouching for Shuler, claiming that the non-lawyer was a lawyer.
Also, regarding Leroy’s comment about his being crazy. Nah. I think he just loves to do evil so much, that he twists things to justify his behavior so that he can keep doing it. He is, however, pretty slow-witted.
Unfortunately for the critics of Brett Kimberlin certain SAs have taken the view that what is happening here is just an internet fight. They have decided to not involve themselves in what they perceive to be an “internet fight.” Implicit in their decision is an assertion of duality: each side is to blame, both sides are equally responsible, and both sides use similar tactics. Their preconceived notions are blinding them to reality of the situation: Team Kimberlin is trying to assert its will through the use of extreme harassment techniques from lawfare to swattings, while his critics have been scrupulous in obeying the law.
The decision of those SAs to try to stay out of it was doomed to failure. It violates the broken windows theory of law enforcement. When the state turns a blind eye to illegal harassment it merely has the effect of emboldening those with no compunction against breaking the law to engage in ever more extreme and criminal forms of harassment. Bill Schmalfeldt’s actions towards John Hoge were so outrageous that a judge had no choice but to notice the obvious fact that Bill Schmalfeldt was illegally harassing him. A judge told Schmalfeldt to stop harassing John Hoge or he will go to jail. Bill Schmalfeldt immediately began violating the order, and the SA’s response was to declare in so many words, “We were just kidding about the, ‘…or go to jail,’ part!” Of course, he couched it in the language of mercy, and, ended it with a pro forma stern lecture. Bill Schmalfeldt heard what he was really say, “Just kidding!,’ and ignored the rest. Schmalfeldt’s escalation of harassment was a direct consequence.
Those SAs are going to have admit their error. Effectively, they have made the peace order process appear to be a joke. The SA has made the judge appear impotent, and himself naïve. At a certain point they are going to have to act to restore the sanctity of the peace order process. When they do, Bill Schmalfeldt is not going to like it. I don’t know if this will be the final straw. We will find out fairly soon.
Something along these lines re: enforcement happened to a friend of mine. She had to file a motion to compel enforcement by the police. It worked.
I’m hoping the Judge bypasses the SA and jails Schmalfeldt for contempt directly. I hope Schmalfeldt’s first stop is the mental hospital where his doctors are charged with evaluating whether, or not, his obsessive need to harass others precludes him being placed under house arrest under the condition that he not access the internet.
It would be an interesting experiment. Obviously, the doctors ought to report it is not possible and he is jailed. But, if he is released, it would interesting to see how Bill Schmalfeldt persists in attempting to harass others. It could be in the form of harassing phone calls. It could be in the form of harassing mail. He could seek enablers who either provide him internet access, or, flash sticks to manually relay content back and forth from a remote computer.
Meh. He should be imprisoned. Why treat malicious behavior as a disease?
I don’t see how an “Internet fight” is any less deserving of law enforcement than a bar fight.
Obviously, it isn’t. People are in conflict over various matters. Whether it is an “internet fight,” or a “bar fight” or neighbors feuding the duty of law enforcement is step in when one party crosses the line of legality.
Can you imagine the scene in the jail when the CBBS is admitted?
Other prisoners…” What’re you in for?”
CBBS…”Electronic harassment”…and they all moved away…” and creating a nuisance.”
They all became good friends and scrubbed each others’ backs and other mundane stuff prisoners do to each other, IYKWIM.
Perhaps another trip to CCC is in the offing.
On Cabin Boy’s court date in Carrol County, I would be more than happy to drive down from Pennsylvania with my 3500 dually and hook on to his trailer and drag him, his 3 million exhibits, and be able to get you a couple thousand towards the court bill.
Save his wife the effort to get him, his ego, and all his evidence in what I believe would be the equivalent mode of transportation to a 1970’s aluminum block Vega.
Think this is interesting and timely.
What percent of his tweets are to you? I keep coming up with about 95-97%.
And you’re being generous by starting to count at noon, since he started tweeting you before then. I think there were about 12 tweets before noon.
Thus far, I am limiting any criminal complaint(s) to action taken by the Cabin Boy after Judge Stansfield explained things to him for a second time during the 16 October hearing. The first violation occurred at 12:09 pm on the 16th, about an hour-and-a-half after the hearing concluded.
Oh, I was referring to your current scream-o-meter. He started Thursday night, didn’t he?
And yet sadly, there exists that slim possibility that some judge will fail to understand the true situation. Somebody has to take this seriously. Even 90 days and a fine might make an impression. (Although I do suggest somebody’s attorney bring up anger management/counseling and a sit-down with qualified medical doctors.)
Counseling? Any “counselor” will declare CBBS “cured” just to get him out of his office.
Prisons have practice handling malicious people; that’s his proper place.
Reblogged this on Dead Citizen's Rights Society.
Reblogged this on That Mr. G Guy's Blog.
In regards to the recent banning of a person from twitter making the headlines, be prepared for a defense of “but I make an income from this” referring to the numerous failed internet radio ventures.
A court will be reluctant to remove income from a person, hence the use of weekend sentences for minor violations.
IANAL but the only effective counter would seem to be to show how little real money he would be making from the venture due to low volumes of followers, the constant format changes, and constant site changes. A sample of the tripe he broadcasts including anal fixation, homophobic and racist slurs would negate that argument.
If he were to raise that defense he opens the door to the matter of whether he is actually being paid on behalf of the DPBK to facilitate harassment. That would allow the court to investigate.
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One problem for BS and his delusive phantoms of hope instructing him about what the law is WRT electronic harassment, is that violations of the peace order do not depend on his conduct rising to the level necessary to prove harassment and gain a peace order. He could send Mr. Hoge any harmless greeting at all and it would be a violation of the order. A subscription for delicious comice pears, with a gift card or a message directed to him with the SMS @ command
are violations of the order no matter how friendly and benign BS intends the contact to be.
He’s just thumbing his nose at the court and its order to not direct any message to Mr, Hoge.
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