How does the Cabin Boy know whether or not there are witnesses to my reading his tweets while in my own home? Does he think he can prove that I only read them when I was closeted away in my office with the door locked? Can he prove that I never sat at the kitchen table with my laptop showing friends his tweets? Can he prove that I never sat in the living room with my family while reading his tweets aloud from my iPad?
But all of that is probably moot. The elements of the crime of failure to obey a peace order are 1) that an order was in place and 2) that the person committed an act prohibited by the order.
Schmalfeldt has conceded the existence of the order by appealing it. That establishes the first element.
Schmalfeldt admitted during the hearing on the extension that he sent the tweets. Such an admission against interest can be used as evidence in a criminal trial, so his admission establishes that the Cabin Boy committed the acts in question. Judge Stansfield found that all 470 tweets placed in evidence violated the order. Since all of the 351 tweets covered by the four pending cases were among the 470, that establishes that the acts were prohibited by the order. That establishes the second element, and I suspect that a District Court judge would defer to the finding of a Circuit Court judge in this case. It’s been suggested to me that it might be possible for the State’s Attorney to obtain a conviction using only the transcript of the extension hearing with no need for further testimony from me.
At this point, the four cases are in the hands of the State’s Attorney’s Office. I’m waiting to see what they do this time.
UPDATE—The poor Cabin Boy’s angular momentum must be staggering considering how fast he’s spinning. He seems to think that I have to prove where I was. No. I don’t. If he files a motion for change of venue, he will have to prove his assertion that I was never in Carroll County when he violated the peace order. It’s the person making a motion who has to prove the “facts” backing it.
Oh, and the Cabin Boy also keeps insisting that Judge Stansfield didn’t find that his tweets violated the order.
In his findings, the judge described those tweets as contact “which Mr. Hoge should not have received.” The Cabin Boy’s ongoing violations of the peace order were the justification for extending it, the proof that he was likely to continue to engage in harassment.