Bill Schmalfeldt is now trying to spin his misunderstanding of the legal concepts of jurisdiction and venue into a story that I agree that he should be tried in Howard County instead of Carroll County. He posted this over at Patriot-Ombudsman (No, I won’t link to it.).Unfortunately for the Cabin Boy, harassment occurs where the victim is located. Since I was at home in Carroll County when I read his tweets, the crime that he seems to be admitting to in his post occurred in Carroll County and is chargeable and triable there.
For me, the most interesting thing about the Cabin Boy’s post is how I learned about it. But I’ll save that for later.
UPDATE—The rule about the crime occurring at the location of the victim is old, old case law. An example of its application to a Maryland harassment case can be found in Galloway v. State, 781 A.2d 851 (2001). Galloway was a prisoner in a state facility in Washington County who harassed his victim by mail. The victim was in Anne Arundel County. Galloway was charged, tried, and convicted in Anne Arundel County. He appealed his case, and the Court of Appeals upheld his conviction. He appealed to the U. S. Supreme Court which declined to hear his appeal.
UPDATE 2—The Cabin Boy is trying claim that since Galloway had lived in Anne Arundel County prior to his incarceration, that he was a resident of that county when he mailed his letters from prison. That is, of course, wrong. Both the state and the federal census view the place of incarceration as a prisoner’s residence. Since 2010, Maryland has been rejiggering the federal census data with the pre-conviction address of prisoners in order to “move” them from rural areas (where most prisons are) to the urban areas for the purpose of drawing legislative districts. This has the effect of reducing the apparent population of rural counties (Republican voting) so that they receive fewer seats in the Legislature. However, Galloway was charged and tired over a decade before that law was enacted, so he would have been considered a resident of Washington County even for legislative reapportionment at the time of his harassment trial. Indeed, a prisoner in Washington County is still considered resident there by the State of Maryland for every purpose except gerrymandering.