I said it when this first materialized. Pingbacks was a straw-man. Shakey knew that he had violated the P.O. in more than ONE fashion. I wouldn’t be surprised if there were more instances that will be presented at the show cause.
Clearly the freakshow didn’t send that email. A program the freakshow entered our host’s email address into did it because our host didn’t confirm yet! It’s all HOOOOOOOGE’s fault! If he had confirmed the original email, this one wouldn’t have been sent!!!!!eleventy!!
I look forward to seeing the emails from RevebNation engineers telling us that Schmelzwursin2015 had NOTHING. TO. DO. WITH. SENDING. EMAILS. TO. HOOOOOOOOOOGE!!!
Seriously, all joking and mocking aside (though it’s DIFFICULT!), if I had to come up with an explanation, I’d bet that SchmalFOOL did sign our host up for his email list.
Recall how he goes on and on and on about how our host supposedly tried to follow him on twitter. Same/same. The idiot was likely trying to manufacture PROOF!!!eleventy!!
Please don’t ask me “proof of what?” I have no idea what the whole “follow” nonsense is supposed to “prove” much less what signing our host up for his email is supposed to show. It certainly does nothing to show that SchmalFAIL didn’t harass/stalk (as found by multiple courts), and it does nothing to show the freakshow didn’t violate the court’s order.
And yes, Vaginia, third party contact initiated by the contemnor is a violation of the court’s clear order.
I agree with Jane. My first thought on this was that Bill Schmalfeldt was hoping Hoge would absent-mindedly verify his email by clicking on the link provided, thereby giving Bill legal permission to contact him. Then Bill could tell the court that Hoge voluntarily asked to receive email from him, and therefore the peace order is voided with any charges against Schmalfeldt thrown out as well.
I see a significant legal problem with your argument, and it’s the same problem that Mayo Fingers struggles with.
A peace order/restraining order/order of protection/ stalking no contact order is NOT an arrangement between the parties involved.
It is an arrangement between the parties and the COURT. As such, the parties lack the authority change that arrangement without the permission of the court. Our Gracious Host has no more power to give the Harassing Troll permission to contact him than the Harassing Troll had to give Patrick Grady permission to “answer a question” while his temporary, petty, vindictive, weak, vexatious, egregious, ignorant, failed, lie-filled, pretendyland, bogus, libelous, unethical, fraudulent, dopey, idiotic, extortionate, malicious, frivolous, hypocritical, moronic, crybaby, pussy, mighty damn stupid fool’s errand (all his descriptors I just pulled from his TL) of a peace order was in place.
Only the court can do that. And only at the request of one or both parties.
But as with most things, his mind is far too consumed by abstract stupidity to understand how things work in the real world, where “intent” doesn’t matter.
“I didn’t intend to piss someone off so bad that they would pay to send me horseshit, but that’s what happened.”
I didn’t intend to break my face while leaning over to pet my dog, but that’s what happened.
I didn’t intend to estrange all of my children, but that’s what happened.
I didn’t intend to spend my retirement in a dilapidated trailer, but that’s what happened.
I didn’t intend intend to press the wrong speed dial button and contact my ex-girlfriend with the restraining order, but that’s what happened.
I didn’t intend to cause my many failed web pages to send emails to John Hoge, but that’s what happened.
The folks who have suggested he find a lawyer and play it absolutely straight are the only ones offering sound advice.
I hope he doesn’t follow that advice. Because here there be FUN!
PS – You can be certain the judge has seen lots of idiots who thought they’d figured out a clever way to contact their victim without violating the order. The order didn’t specifically say he couldn’t sent flowers… And you can be certain those who thought they were smarter than the judge went to jail.
The order says “no contact” and goes on to also forbid contact by a third party. It doesn’t list every possible means of contact and it doesn’t have to. No means no in this context as well.
I have to comment on your suggestion that Bill Schmalfeldt hire a lawyer and play it straight. If he hired a lawyer, the lawyer probably would try to plead out an arrangement that ends Schmalfeldt’s access to the internet. This would be in the best interest of his client since it would keep his client out of jail in the short run, and, it would have the secondary effect of help keeping his client out of jail in the long run.
Do you really think Bill Schmalfeldt is going to listen to anyone telling him, in essence, that he would be a lot happier if he forgot that Brett Kimberlin ever existed? Bill Schmalfeldt would demand that his lawyer try to make his paranoid world view work, somehow. In the last analysis, since only the folks at ACME law are going to argue to the Court that crazy has standing, it will be ACME that he hires. Bill Schmalfeldt has made his choice: he is going to ride the crazy train right to the train wreck.
You’ll get no argument from me on that point. I agree that lawyering up is in his best interest. But I also agree that he is way too far gone to believe it. In his fevered brain, he thinks he is smarter than everyone, so much so that he will dismiss even the best advice if it comes from the wrong corner. Or if it invalidates the preconceived notions of TOTAL VICTORY OVER HOOOOOOOOGE that dance in his head.
Like a petulant child, Bill Schmalfeldt wants to dance around the fire then acts baffled when the inevitable burn happens. Bill, Bill, Bill… Be sure to tweet some mind-boggling explanations about how this happened.
Remember, we haven’t ruled out someone else using that compute to stoke the conflict between Our Gentle Host and Schmalfeldt. Don’t let other suspects–particularly those with a history of cyber false flag operations that manipulate people into doing things adverse to their own interests–off the hook by focusing too narrowly on Schmalfeldt,
I, for one, think the judge will totally believe BS. You know, the judge that BS has implied is unethical, the one he has called ignorant, the one he stated had “the hots” for WJJH’s attorney…oh, wait. Maybe the judge won’t believe him after all.
William the Elder
@weltschmerz2015
If I am, in fact, served, my “showing of cause” will be quite simple. “I didn’t do it. Hoge cannot prove I did it. Therefore, no contempt.”
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3:48 PM – 1 Jan 2015
As I understand it, the matter on the 30th is civil in nature. It therefore stands to reason that the lower standard of “preponderance of the evidence” applies, rather than having to “prove” anything.
Given William the Conqueror’s repeated interactions with both law enforcement and the courts of multiple states over the last few years, what do you suppose that the preponderance of the evidence indicates?
Watching Schmalfeldt over the past year has been like watching youtube videos of russian car crashes. You can’t stop watching because you just know another crash is coming up.
What I love about giving Bill Schmalfeldt good advice is the certainty that the twit will immediately seek to do the opposite.
In a way, it’s a shame that Bill Schmalfeldt has one foot in the grave.
A person could achieve a marvelously successful life by simply asking Bill what they should do for every major decision… and then doing the exact opposite.
Come on, Bill. WordPress supplies tools for the customer to configure the account to the customer’s preferences. It’s up to you to configure your account to not contact someone. Get a lawyer. Or not. Whatever. It’s all entertainment for the popcorn crowd.
I have a hard time Schmalfeldt would have done something this stupid intentionally. I think it’s more likely a third party registered the email address with Schmalfeldt in an attempt to stir up trouble (and distraction). Seems like something a wannabe-hacker would do…
…I’m not trolling. (This isn’t my first comment here, either, but I don’t comment regularly.) I just don’t think he’s dumb enough to do this.
Put another way, what gain does Schmalfeldt get from this, even in his own mind? The pingback was genuine stupidity since he can’t let anything go, ever, that’s written here. The various other (367 – what a magical number) violations were him pushing the limits because he didn’t believe Hoge would do anything.
But this particular case looks like it’d be more likely to involve a third party, IMO. Hell, even TDPK might do something like this to attempt to get Hoge focusing on something other than the trainwreck that is Kimberlin vs the Universe.
Occams Razor does favor the Schmalfledt pushing-the-envelope and/or not-taking-care-to-comply-with-Peace-order hypotheses, but I would be careful to not rule out Neal Rauhauser involvement in this situation. He and Kimberlin may think they benefit from atoking the adversarial relationship between Our Gentle Hoat and Schmalfeldt,
Oh yes, the stupidity is unintentional. But the original action usually has some sort of twisted logic to it. I’m not finding any in this case, but given how Schmalfeldt is regularly manipulated by others (see: the recent egging encouraging BS to pursue our gracious host with all manner of legal avenues), I think it more likely this is a manipulation.
I get these all the time having a very simple email address. It is a good thing for these sort of sites to do a double check of email addresses. In this case someone sign up Mr Hoge for the mailing list, and it is an auto check to make sure it is really him. Whoever signed him up is the one at fault for this email, without access to the web sites logs we cannot tell who did it. Given the email address not a typo like most of mine are.
I’m also of the opinion that Bill didn’t send that mail directly but it was an automated mail sent by a third party on his behalf. HOWEVER…..a smart man would have blocked that signup system from accepting mail from Mr. Hoge’s email address. Not hard to do. Hell, Bill spends most of his time finding ways to block people both on twitter and his blogs. That he “overlooked” this is not a defense. He needs to step up his game. If he wants to play on the internet he better be sure his shit is locked down tight to that he doesn’t cause any third party contacts.
Have you looked into the setup of the reverbnation mailing list? It might not be possible to do what you describe. If it is, I don’t think CBBS is obligated to do it, even though it would be a prudent action to take. He’s enjoined from contact, himself, but is it reasonable to expect him to pre-emptively prevent others from attempting to add Mr. Hoge to his list? I’m not buying the irresistable hot stove scenario in this case.
For most people, your comment would seem reasonable, AJ. However, this isn’t most people, and the circumstances are uncommon as well.
If there were multiple peace/restraining orders from multiple states against me, I’d be very, very careful about opening doors for the many I had harassed/stalked/threatened to get the tiniest bit of retribution. It’s his responsibility to avoid contact; no one else’s.
Furthermore, he put himself in this position; no one else forced him to stalk/harass/threaten etc. so many people online. Remember, that very long list includes many more who do not hold a restraining order against him than those who do.
As I said, if he wants to play on the internet he better lock his shit down. If he can’t figure out how to keep from indirectly contacting the object of his peace order, then maybe he oughtn’t set up pages that automatically email those that have those peace orders against him. Simple concept really, but simple concepts often elude the very stupid. And make no mistake, he IS very stupid.
I’m SO excited about his gift tomorrow. He’s going to be FLOORED by it!!!! I just hope he doesn’t have any cuts or abrasions on his hands. That could be REALLY nasty. And [redacted] NOT use it for what it looks like its intended for. That could result in IV antibiotics.
Apparently, the mail came today and It wasn’t there. I was afraid of that. Oh well, The Post still comes on Saturday, so there is still time to make it before his birthday!!!!!
Parallel, I don’t recall seeing you post here for very long, so have no idea how long you’ve been following the case(s) and/or how much you know/have observed, about the freakshow. LLC, I do recall you’ve been sporadically posting for a while, so maybe the following will help to jog your memory a bit.
TL;DR: Bildo’s motive is to manufacture evidence to use at the show cause hearing.
As I wrote above earlier today, SchmalFOOL seems to think that at some point John tried to follow him on twitter. Whether or not this is true (and that the lying liar asserted it is a great reason to believe it’s not true), it has zero bearing on a court finding harassment and granting a peace order against SchmalFAIL. Yet he continues to regularly bring it up as if it’s proof of something. Someone who seems to (against all reason and evidence) believe the follow attempt (even if true) is evidence of anything would also likely believe attempting to join a mailing list would likewise be evidence that will not only (falsely) prove his innocence, but also totally turn the tables and result in our host being sentenced to decades at hard labor. /sarc
Given his very well established pattern, it seems more than possible (and well into the probable range), that the idiot would wrongly believe that somehow John attempting to join a mailing list would nullify the repeatedly cuckolded idiot’s repeated violations of the court’s clear order.
TL;DR: Projection from the freakshow is often better than an admission. See tweet embedded below.
If SchmalFOOL is anything, he’s consistent repetitive. Lacking imagination and a personality, he trods the same ground again and again, no matter how many times a landmine blows up in his face in the exact same spot.
Added to the above, SchmalFAIL has also sent out tweets insisting that our host attempted the sign up so as to manufacture evidence for the show cause hearing. Parallel, you may not have noticed yet, but I’m confident LLC is well familiar with the freakshow’s penchant for projection. That he not only asserted John signed himself up, but also suggested the cause, is better than an admission of guilt to many who’ve been following his disgusting antics for a while.
Think of it this way – if he hadn’t done it himself, do you really believe he’d have been able to think up a motive for John to do so? When has he ever shown himself to have the mental capacity? To my mind it’s much more likely that the Bildo just didn’t think ahead far enough to consider the possibility of a confirmation email showing up to notify our host of what the blob had done.
Tweet admitting projecting the motive of the person who added John to the mailing list</strong:
There are other tweets along the same line of (what the freakshow does instead of) thinking, but posting multiple links gets the post tied up in a moderation queue, and this one’s pretty illustrative.
And for my final evidence that SchmalFAIL added John’s name in a transparent attempt to manufacture irrelevant “evidence” to use at the hearing, consider this: Did anyone here know he had a mailing list? Kinda difficult for John or any of us to sign him up to a list we had no idea existed. 😉
You may both remain unconvinced, but at least you now know why some of us believe the above.
You make a very convincing case and I don’t dispute any of it. You’ll notice that I invoked Occam’s Razor to support your position.
My only point is that Schmalfeldt’s obsession with and harassment of Hoge and others should always be viewed in the context of the lawfare and harassment being perpetrated by a group of people that extend beyond Schmalfeldt the individual.
Without diminishing any of Schmalfeldt’s personal responsibility, the moral liability for this situation should also attach to others who have capability, motive, opportunity and a history of encouraging Schmalfeldt’s bad behavior. Even if they didn’t actually do anything overt or covert to inflame the situation this time.
Put another way, I don’t think that Alinsky Rule #12 (Pick the target, freeze it, personalize it, and polarize it.) tactics are effective against networks of the personality disordered. Sociopaths don’t feel the pain of others, even their closest allies. Notice how Schmalfeldt’s “allies” have either abandoned him to his fate or are egging him on to further self-destructive lawfare.
I see that no one, much less Schmafeldt of course, has realized the key fact of this piece of information, and I’m certainly not going to enlighten him until after he has impaled himself on it like a bug in a display cabinet.
It says “From Bill Schmalfeldt.” In general, I suspect he had to sign up for a service. I also think Schmalfeldt should make sure that anybody he approves to send mail in his name should avoid Mr. Hoge and the handful of people who also have Peace Orders/Protection Orders.
Similar situation if Schmalfeldt asked somebody to market a Schmalfeldt service in Maryland. (freelance writing? online reputation management?) He’d want to avoid contacting Mr. Hoge by way of a third party.
The thing is, unless he did add Mr. Hoge’s address himself, BS did not initiate this contact. It appears to be an automatic function of his list, that prevents said list from being sent to those who don’t want to receive it. No matter how loathsome BS is, there doesn’t appear to be any evidence in this particular instance. If it was me, I’d set my email to auto-delete anything incoming from William Schmalfeldt and nail his tubby ass to the wall if he changed his own email to get around the rule.
The PO says no direct or indirect contacts. Schmalfeldt set up the RN page. Schmalfeldt set up a widget on said page so he can send emails to people. It’s up to Schmalfeldt to ensure the widget that HE placed on the page does not send unwanted contact to his victims that have PO’s against him. Very simple concept. I repeat for the 3rd time…He needs to lock his shit down to prevent it from sending unwanted contacts or he needs to remove the functionality. It really is that simple.
Regardless of who entered Hoge’s email address in Schmalfeldt’s site, the email was from Schmalfeldt to Hoge. Schmalfeldt had the ability to make sure that couldn’t happen. Schmalfeldt just sat by and let it happen. Bill really needs a lawyer.
You guys are conflating your desire to punish BS for all of his various misdeeds for what is actually reasonably applicable under this particular peace order. It annoys me too, but BS is correct on this one tiny point: he has the right to use reverbnation’s mailing list software. Like I said above, there’s no evidence that he entered Mr. Hoge’s email to the list, nor is there any that he knew before today that it had been entered. BS [apparently] didn’t cause this email to be sent by reverbnation, even though it bears his name; the person who entered Mr. Hoge’s email did that. No matter how vile BS is, he is responsible only for his own vileness.
Schamlfeldt also has the right to walk down the street. But if he sees Hoge coming he has to turn around and walk away. Schmalfeldt is obligated to do whatever it takes to make sure there’s no contact, even if he has to cease using a particular service to do so.
AJ, I don’t think any of us are conflating anything. We see it differently and have explained why. You seem stuck on one point, that you believe Mr. Hoge will be unable to prove the defendant sent the email. You haven’t specified the standard you believe is applicable, iirc, but it appears from my reading the standard you apply is close to beyond any doubt.
The actual standard is a preponderance of the evidence; 50.000000001%; slightly more likely than not that the defendant is responsible for the email. Note I used the word responsible. Regardless of whether he entered each email address himself (and he likely did), the defendant is responsible for every member of that list receiving email from him.
The email purports to be from the defendant. That is evidence it is from the defendant. Once a prima facie case has been made, the burden of proof shifts to the defendant.
That is not the only evidence available to show the defendant violated the court’s clear order, nor is it the only violation at issue at the upcoming hearing. I won’t argue the entire case here, even though we all know the defendant will not understand and lacks the ability to heed good advice.
To use the standard you imply, AJ, the no contact provision of any court order can be avoided simply by using an automated program, a different email address, and/or exercising one’s “right to a widget.” (hahahahaha still makes me laugh.) If the victim doesn’t have a key logger and/or video cameras installed to track the defendant, how could anyone prove a violation using that standard?
Instead, consider the totality of the circumstances. Consider the pattern, the prior violations. Consider what you know about the defendant, how reckless he is, his inattention to detail, his inability to think things through, etc. Before you assert the judge won’t know him like we do, remember the judge has seen hundreds of SchmalFOOLs. The judge likely knows him much, much better than we do, and is able to foresee what will happen if he doesn’t take action to stop SchmalFAIL. The judge knows defendants like the bildo almost never think “whew got lucky there; better clean up my act and fly straight from here on.” The judge knows it’s much more likely that there will be more violations, more hearings, and his pattern will continue to escalate.
Again, I believe the defendant entered the email address himself, thinking himself very clever. I think he intended to use that sign-up as evidence at the hearing, for whatever point he hoped to prove by repeatedly claiming our host attempted to follow him on twitter. (Yeah, makes no sense to me, either.) I think he didn’t think it through, and didn’t realize our host would be notified. (And it would surprise me to learn that the cyberstalking freak was not notified of every sign up to his list.)
However, even if he didn’t personally enter our host’s email address, he is still responsible. It is his email list. If he can’t set up a mailing list in a way that ensures our host or any other holder of a restraining order against him will not be contacted by his list, then he is in danger of violating those court orders. Remember, third party contact is not allowed.
SchmalFOOL put himself in this position by being a cyberstalking freak, by harassing and threatening others. He caused those court orders restricting his ability to stalk and harass certain people. It is his responsibility to comply with those orders, or to face the consequences.
“It was an accidental butt-dial to my ex again,” is not going to fly in a show cause hearing. Remove the number from your phone or risk consequences. “But I didn’t know I couldn’t send her flowers,” isn’t going to fly, nor is claiming you didn’t personally deliver the flowers. Don’t try to figure out a way to remind your victim you exist and are still obsessed with them. Judges have seen people a lot more clever than you and put them in jail.
TL;DR Preponderance of evidence is the standard in a civil case, slightly more likely than not. Whether or not he entered our host’s email address (and I believe he did), SchmalFOOL is still responsible for the contact which violated the court’s clear order. If his phone contacts his victim, even if he doesn’t say a word, it’s a violation, and it’s also a violation if his widget contacts his victim.
By Mr. Hoge having received a second email it looks like you may be required to hit the last link shown in order to not receive any more. It will be interesting to know if a third email shows up next Thursday(assuming a weekly interval).
Anyway I think CB is the one requiring email registration not reverbnation. This is where the can of worms is open for any email address to be entered by anyone.
Often, email lists require email verification to prevent web-bots from jamming the list with fake email sign-ups. Still, our host’s email address had to be generated by someone in order to trigger the automated verification request.
William the Elder @weltschmerz2015 · 26m 26 minutes ago
Why is Hoge allowing his website to be used by people to threaten me? He can moderate out the threats. Why doesn’t he? More grist for 30th.
Bill, why don’t you point out exactly where there is a “threat” on this thread? Don’t be your usual pussy self and run away, man up and point it out.
Plus, it is a show cause hearing, not a whine and complain about blogs hearing. In other words, BS has to show why he should not be held in contempt for violating the PO.
Prior to every court hearing, BS carries on relentlessly about all of the irrelevant nonsense he will be able to blather on about in front of the judge — and, how this time… THIS TIME! ELEVENTY!!1!!1!… HOOOOOGE is going down once-and-for-all.
History has proven BS is entirely incapable of learning from past experiences. What a thick-headed dope he is.
William the Elder @weltschmerz2015 · 11m 11 minutes ago
2015 will be the year that Hoge learns how fucking with me can turn into an expensive proposition – unless he stops and stops now! #withdraw
What on earth?
EHRMAGERD!! EHRMERRLZ!!
Someone has emailed you TEH HORSE SHITZ SKRAITZ FROM TEH STABLE FLOORZ!!
I look forward to hearing that explained…
Sounds like it must be time to hook a sleep-walking-cam up at the Hoge house. (grin)
Maybe a ‘case’ of “Your honor, your honor, He’s been communicating with me first. I didn’t start it, he did. Elevenses!”
Oh, sweet Jesus. He’s completely lost the program.
ROTFLMFAO!!!!
Epic, biblical, breathtaking #SCHMALFAIL
Actually, thinking about it, you should have posted this Jan. 29th.
The Feldtdown would have been epic.
UNLESS, there’s more to come……..
I said it when this first materialized. Pingbacks was a straw-man. Shakey knew that he had violated the P.O. in more than ONE fashion. I wouldn’t be surprised if there were more instances that will be presented at the show cause.
If you recall, I also stated…
http://psychologicalresolutions.files.wordpress.com/2012/01/hot-stove.jpg
GIGGITY, Howard!
Is it even possible that the freakshow is starting to make the connection between his own idiocy and the hot stove?
https://twitter.com/weltschmerz2015/status/550757367936479234
Clearly the freakshow didn’t send that email. A program the freakshow entered our host’s email address into did it because our host didn’t confirm yet! It’s all HOOOOOOOGE’s fault! If he had confirmed the original email, this one wouldn’t have been sent!!!!!eleventy!!
I look forward to seeing the emails from RevebNation engineers telling us that Schmelzwursin2015 had NOTHING. TO. DO. WITH. SENDING. EMAILS. TO. HOOOOOOOOOOGE!!!
…with his name on them.
Seriously, all joking and mocking aside (though it’s DIFFICULT!), if I had to come up with an explanation, I’d bet that SchmalFOOL did sign our host up for his email list.
Recall how he goes on and on and on about how our host supposedly tried to follow him on twitter. Same/same. The idiot was likely trying to manufacture PROOF!!!eleventy!!
Please don’t ask me “proof of what?” I have no idea what the whole “follow” nonsense is supposed to “prove” much less what signing our host up for his email is supposed to show. It certainly does nothing to show that SchmalFAIL didn’t harass/stalk (as found by multiple courts), and it does nothing to show the freakshow didn’t violate the court’s order.
And yes, Vaginia, third party contact initiated by the contemnor is a violation of the court’s clear order.
I agree with Jane. My first thought on this was that Bill Schmalfeldt was hoping Hoge would absent-mindedly verify his email by clicking on the link provided, thereby giving Bill legal permission to contact him. Then Bill could tell the court that Hoge voluntarily asked to receive email from him, and therefore the peace order is voided with any charges against Schmalfeldt thrown out as well.
I see a significant legal problem with your argument, and it’s the same problem that Mayo Fingers struggles with.
A peace order/restraining order/order of protection/ stalking no contact order is NOT an arrangement between the parties involved.
It is an arrangement between the parties and the COURT. As such, the parties lack the authority change that arrangement without the permission of the court. Our Gracious Host has no more power to give the Harassing Troll permission to contact him than the Harassing Troll had to give Patrick Grady permission to “answer a question” while his temporary, petty, vindictive, weak, vexatious, egregious, ignorant, failed, lie-filled, pretendyland, bogus, libelous, unethical, fraudulent, dopey, idiotic, extortionate, malicious, frivolous, hypocritical, moronic, crybaby, pussy, mighty damn stupid fool’s errand (all his descriptors I just pulled from his TL) of a peace order was in place.
Only the court can do that. And only at the request of one or both parties.
But as with most things, his mind is far too consumed by abstract stupidity to understand how things work in the real world, where “intent” doesn’t matter.
“I didn’t intend to piss someone off so bad that they would pay to send me horseshit, but that’s what happened.”
I didn’t intend to break my face while leaning over to pet my dog, but that’s what happened.
I didn’t intend to estrange all of my children, but that’s what happened.
I didn’t intend to spend my retirement in a dilapidated trailer, but that’s what happened.
I didn’t intend intend to press the wrong speed dial button and contact my ex-girlfriend with the restraining order, but that’s what happened.
I didn’t intend to cause my many failed web pages to send emails to John Hoge, but that’s what happened.
The folks who have suggested he find a lawyer and play it absolutely straight are the only ones offering sound advice.
I hope he doesn’t follow that advice. Because here there be FUN!
And all I have is FUN.
Stogie – I don’t think he thought far enough ahead to consider a confirmation email when he signed John up.
Paul – YES! Applause, applause. Very Well Done.
PS – You can be certain the judge has seen lots of idiots who thought they’d figured out a clever way to contact their victim without violating the order. The order didn’t specifically say he couldn’t sent flowers… And you can be certain those who thought they were smarter than the judge went to jail.
The order says “no contact” and goes on to also forbid contact by a third party. It doesn’t list every possible means of contact and it doesn’t have to. No means no in this context as well.
Paul K.,
I have to comment on your suggestion that Bill Schmalfeldt hire a lawyer and play it straight. If he hired a lawyer, the lawyer probably would try to plead out an arrangement that ends Schmalfeldt’s access to the internet. This would be in the best interest of his client since it would keep his client out of jail in the short run, and, it would have the secondary effect of help keeping his client out of jail in the long run.
Do you really think Bill Schmalfeldt is going to listen to anyone telling him, in essence, that he would be a lot happier if he forgot that Brett Kimberlin ever existed? Bill Schmalfeldt would demand that his lawyer try to make his paranoid world view work, somehow. In the last analysis, since only the folks at ACME law are going to argue to the Court that crazy has standing, it will be ACME that he hires. Bill Schmalfeldt has made his choice: he is going to ride the crazy train right to the train wreck.
BSB,
You’ll get no argument from me on that point. I agree that lawyering up is in his best interest. But I also agree that he is way too far gone to believe it. In his fevered brain, he thinks he is smarter than everyone, so much so that he will dismiss even the best advice if it comes from the wrong corner. Or if it invalidates the preconceived notions of TOTAL VICTORY OVER HOOOOOOOOGE that dance in his head.
Fun to watch. Not fun to experience.
Popcorn & binoculars.
Like a petulant child, Bill Schmalfeldt wants to dance around the fire then acts baffled when the inevitable burn happens. Bill, Bill, Bill… Be sure to tweet some mind-boggling explanations about how this happened.
This must be Schmalfeldt’s idea of following Acme law’s directive to “…unleash on hoge all the way.”
Hoge and Krendler, sittin’ in a tree:
https://www.youtube.com/watch?v=iqKS-hkhhh4
Troublemakers.
(now we know where Bill’s red mark of shame really came from)
It makes me sad that I can only up twinkle this comment once.
Reblogged this on A Conservative Christian Man.
He didn’t do it. A computer in Brazil did, during Superstorm Making Bigs.
Remember, we haven’t ruled out someone else using that compute to stoke the conflict between Our Gentle Host and Schmalfeldt. Don’t let other suspects–particularly those with a history of cyber false flag operations that manipulate people into doing things adverse to their own interests–off the hook by focusing too narrowly on Schmalfeldt,
This very much.
I, for one, think the judge will totally believe BS. You know, the judge that BS has implied is unethical, the one he has called ignorant, the one he stated had “the hots” for WJJH’s attorney…oh, wait. Maybe the judge won’t believe him after all.
Well, on the bright side for Bill, he does have an exemplary record for judges believing him……………oh wait.
The judge will get those screenshots around next Thursday. I have it on very good authority.
Pingbacks!!!! Don’t you understand!?!? FOCUS!!!! PING. BACKS!!!!!!
Clear evidence that Shakey violated the peace order.
Checkmate, Admiral.
It appears that Bill set up an automated process that would send email to Hoge.
Indeed. Time to pay the man, Commodore.
This is precious.
William the Elder
@weltschmerz2015
If I am, in fact, served, my “showing of cause” will be quite simple. “I didn’t do it. Hoge cannot prove I did it. Therefore, no contempt.”
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3:48 PM – 1 Jan 2015
As I understand it, the matter on the 30th is civil in nature. It therefore stands to reason that the lower standard of “preponderance of the evidence” applies, rather than having to “prove” anything.
Given William the Conqueror’s repeated interactions with both law enforcement and the courts of multiple states over the last few years, what do you suppose that the preponderance of the evidence indicates?
Indeed. Also, the judge gets to assess the credibility of the witnesses.
And I’m sure the judge will not appreciate the screenshots of The Admiral insulting him and questioning integrity.
Those can never help…
Bill “I’m a harasser” Schmalfeldt does not know how to keep his thoughts (as it were) to himself.
Classic oversharer.
The Bart Simpson Defense:
“I didn’t do it. Nobody saw me do it. You can’t prove anything.”
SMDH
His mental illnesses seem to really be hindering his judgement and limits his ability to not react to his harmful, illegal impulses.
He really needs to be put away. Give him a bib and a drool bucket and just forget about him.
SMDH indeed, Krendler.
Maybe BS can employ a “Because I Said So!” line of defense for the judge’s listening pleasure, as well.
Watching Schmalfeldt over the past year has been like watching youtube videos of russian car crashes. You can’t stop watching because you just know another crash is coming up.
Let me see if I understand Schmaltfeldian logic:
The earlier email to Hoge isn’t contact because WordPress sent the email, even though Bill caused it to be sent.
This latest email to Hoge wasn’t isn’t contact because even though it is from Bill, he didn’t cause it to be sent.
So, in the first instance, who caused the email to be sent is irrelevant. In the second instance, who caused th email to be sent is paramount.
Get a lawyer Bill.
Seriously, Bill, you really do need to obtain competent legal counsel. The multiple court orders from multiple states should be a clue.
What I love about giving Bill Schmalfeldt good advice is the certainty that the twit will immediately seek to do the opposite.
In a way, it’s a shame that Bill Schmalfeldt has one foot in the grave.
A person could achieve a marvelously successful life by simply asking Bill what they should do for every major decision… and then doing the exact opposite.
In a way, it’s a shame that Bill Schmalfeldt has one foot in the grave.
and the other on a banana-peel.
Finished that for you …
Wait. I thought he was under a “no contact” order.
Come on, Bill. WordPress supplies tools for the customer to configure the account to the customer’s preferences. It’s up to you to configure your account to not contact someone. Get a lawyer. Or not. Whatever. It’s all entertainment for the popcorn crowd.
I have a hard time Schmalfeldt would have done something this stupid intentionally. I think it’s more likely a third party registered the email address with Schmalfeldt in an attempt to stir up trouble (and distraction). Seems like something a wannabe-hacker would do…
Never underestimate the stupidity of the Blob. Also. don’t bother trolling here.
…I’m not trolling. (This isn’t my first comment here, either, but I don’t comment regularly.) I just don’t think he’s dumb enough to do this.
Put another way, what gain does Schmalfeldt get from this, even in his own mind? The pingback was genuine stupidity since he can’t let anything go, ever, that’s written here. The various other (367 – what a magical number) violations were him pushing the limits because he didn’t believe Hoge would do anything.
But this particular case looks like it’d be more likely to involve a third party, IMO. Hell, even TDPK might do something like this to attempt to get Hoge focusing on something other than the trainwreck that is Kimberlin vs the Universe.
There’s another player out there with multiple arrest warrants outstanding, who Robert Stacy McCain has linked to the Barrett Brown meltdown that ended up with Mr. Brown in a Federal prison. (http://theothermccain.com/2012/10/26/neal-rauhauser-as-carlito2000-how-barrett-brown-went-down/).
Occams Razor does favor the Schmalfledt pushing-the-envelope and/or not-taking-care-to-comply-with-Peace-order hypotheses, but I would be careful to not rule out Neal Rauhauser involvement in this situation. He and Kimberlin may think they benefit from atoking the adversarial relationship between Our Gentle Hoat and Schmalfeldt,
Your premise assumes Bill does something stupid intentionally. He doesn’t. All his stupidity is unintentional. He is literally clueless.
Oh yes, the stupidity is unintentional. But the original action usually has some sort of twisted logic to it. I’m not finding any in this case, but given how Schmalfeldt is regularly manipulated by others (see: the recent egging encouraging BS to pursue our gracious host with all manner of legal avenues), I think it more likely this is a manipulation.
Just my two cents.
I get these all the time having a very simple email address. It is a good thing for these sort of sites to do a double check of email addresses. In this case someone sign up Mr Hoge for the mailing list, and it is an auto check to make sure it is really him. Whoever signed him up is the one at fault for this email, without access to the web sites logs we cannot tell who did it. Given the email address not a typo like most of mine are.
Hi Neal!
Something nice and simple like; ineedtonsofdentalwork@deadbeatdad.com
FWIW, since I don’t think any Lickspittle/Hogeist/Zombie did this, it has to be someone stirring the pot at CB’s expense.
I’m also of the opinion that Bill didn’t send that mail directly but it was an automated mail sent by a third party on his behalf. HOWEVER…..a smart man would have blocked that signup system from accepting mail from Mr. Hoge’s email address. Not hard to do. Hell, Bill spends most of his time finding ways to block people both on twitter and his blogs. That he “overlooked” this is not a defense. He needs to step up his game. If he wants to play on the internet he better be sure his shit is locked down tight to that he doesn’t cause any third party contacts.
Have you looked into the setup of the reverbnation mailing list? It might not be possible to do what you describe. If it is, I don’t think CBBS is obligated to do it, even though it would be a prudent action to take. He’s enjoined from contact, himself, but is it reasonable to expect him to pre-emptively prevent others from attempting to add Mr. Hoge to his list? I’m not buying the irresistable hot stove scenario in this case.
For most people, your comment would seem reasonable, AJ. However, this isn’t most people, and the circumstances are uncommon as well.
If there were multiple peace/restraining orders from multiple states against me, I’d be very, very careful about opening doors for the many I had harassed/stalked/threatened to get the tiniest bit of retribution. It’s his responsibility to avoid contact; no one else’s.
Furthermore, he put himself in this position; no one else forced him to stalk/harass/threaten etc. so many people online. Remember, that very long list includes many more who do not hold a restraining order against him than those who do.
As I said, if he wants to play on the internet he better lock his shit down. If he can’t figure out how to keep from indirectly contacting the object of his peace order, then maybe he oughtn’t set up pages that automatically email those that have those peace orders against him. Simple concept really, but simple concepts often elude the very stupid. And make no mistake, he IS very stupid.
What an idiot.
I’m SO excited about his gift tomorrow. He’s going to be FLOORED by it!!!! I just hope he doesn’t have any cuts or abrasions on his hands. That could be REALLY nasty. And [redacted] NOT use it for what it looks like its intended for. That could result in IV antibiotics.
I’m just guessing here, but…
Did Mrs. Colonel recently con you into watching The Help by telling you Emma Stone was in it?
Did you send him a terrible-awful chocolate pie?
We will have to wait and see!!!! Could show up any minute, now!!!
For what it’s worth, I’m married to the Corps!!!!
I’m breathless with antici…..”say it!!!”…pation.
The downness that will be schmelted shall be legendary.
Apparently, the mail came today and It wasn’t there. I was afraid of that. Oh well, The Post still comes on Saturday, so there is still time to make it before his birthday!!!!!
Parallel, I don’t recall seeing you post here for very long, so have no idea how long you’ve been following the case(s) and/or how much you know/have observed, about the freakshow. LLC, I do recall you’ve been sporadically posting for a while, so maybe the following will help to jog your memory a bit.
TL;DR: Bildo’s motive is to manufacture evidence to use at the show cause hearing.
As I wrote above earlier today, SchmalFOOL seems to think that at some point John tried to follow him on twitter. Whether or not this is true (and that the lying liar asserted it is a great reason to believe it’s not true), it has zero bearing on a court finding harassment and granting a peace order against SchmalFAIL. Yet he continues to regularly bring it up as if it’s proof of something. Someone who seems to (against all reason and evidence) believe the follow attempt (even if true) is evidence of anything would also likely believe attempting to join a mailing list would likewise be evidence that will not only (falsely) prove his innocence, but also totally turn the tables and result in our host being sentenced to decades at hard labor. /sarc
Given his very well established pattern, it seems more than possible (and well into the probable range), that the idiot would wrongly believe that somehow John attempting to join a mailing list would nullify the repeatedly cuckolded idiot’s repeated violations of the court’s clear order.
TL;DR: Projection from the freakshow is often better than an admission. See tweet embedded below.
If SchmalFOOL is anything, he’s
consistentrepetitive. Lacking imagination and a personality, he trods the same ground again and again, no matter how many times a landmine blows up in his face in the exact same spot.Added to the above, SchmalFAIL has also sent out tweets insisting that our host attempted the sign up so as to manufacture evidence for the show cause hearing. Parallel, you may not have noticed yet, but I’m confident LLC is well familiar with the freakshow’s penchant for projection. That he not only asserted John signed himself up, but also suggested the cause, is better than an admission of guilt to many who’ve been following his disgusting antics for a while.
Think of it this way – if he hadn’t done it himself, do you really believe he’d have been able to think up a motive for John to do so? When has he ever shown himself to have the mental capacity? To my mind it’s much more likely that the Bildo just didn’t think ahead far enough to consider the possibility of a confirmation email showing up to notify our host of what the blob had done.
Tweet
admittingprojecting the motive of the person who added John to the mailing list</strong:https://twitter.com/weltschmerz2015/status/550831110377455617
There are other tweets along the same line of (what the freakshow does instead of) thinking, but posting multiple links gets the post tied up in a moderation queue, and this one’s pretty illustrative.
And for my final evidence that SchmalFAIL added John’s name in a transparent attempt to manufacture irrelevant “evidence” to use at the hearing, consider this: Did anyone here know he had a mailing list? Kinda difficult for John or any of us to sign him up to a list we had no idea existed. 😉
You may both remain unconvinced, but at least you now know why some of us believe the above.
Like asking “Did anyone know that Ebola patient had a hot tub?”
You make a very convincing case and I don’t dispute any of it. You’ll notice that I invoked Occam’s Razor to support your position.
My only point is that Schmalfeldt’s obsession with and harassment of Hoge and others should always be viewed in the context of the lawfare and harassment being perpetrated by a group of people that extend beyond Schmalfeldt the individual.
Without diminishing any of Schmalfeldt’s personal responsibility, the moral liability for this situation should also attach to others who have capability, motive, opportunity and a history of encouraging Schmalfeldt’s bad behavior. Even if they didn’t actually do anything overt or covert to inflame the situation this time.
Put another way, I don’t think that Alinsky Rule #12 (Pick the target, freeze it, personalize it, and polarize it.) tactics are effective against networks of the personality disordered. Sociopaths don’t feel the pain of others, even their closest allies. Notice how Schmalfeldt’s “allies” have either abandoned him to his fate or are egging him on to further self-destructive lawfare.
I see that no one, much less Schmafeldt of course, has realized the key fact of this piece of information, and I’m certainly not going to enlighten him until after he has impaled himself on it like a bug in a display cabinet.
Realized, yes.
Educating the monkey? NO.
Hey, Bill! You know that sense of impending doom you’ve been feeling?
It’s not just your imagination. Or your failing health. Or your ever-worsening case of dementia. Nope… It’s a SURPRISE.
Make sure you pack a few extra pairs of diapers for your trip to court!
It says “From Bill Schmalfeldt.” In general, I suspect he had to sign up for a service. I also think Schmalfeldt should make sure that anybody he approves to send mail in his name should avoid Mr. Hoge and the handful of people who also have Peace Orders/Protection Orders.
Similar situation if Schmalfeldt asked somebody to market a Schmalfeldt service in Maryland. (freelance writing? online reputation management?) He’d want to avoid contacting Mr. Hoge by way of a third party.
The thing is, unless he did add Mr. Hoge’s address himself, BS did not initiate this contact. It appears to be an automatic function of his list, that prevents said list from being sent to those who don’t want to receive it. No matter how loathsome BS is, there doesn’t appear to be any evidence in this particular instance. If it was me, I’d set my email to auto-delete anything incoming from William Schmalfeldt and nail his tubby ass to the wall if he changed his own email to get around the rule.
The PO says no direct or indirect contacts. Schmalfeldt set up the RN page. Schmalfeldt set up a widget on said page so he can send emails to people. It’s up to Schmalfeldt to ensure the widget that HE placed on the page does not send unwanted contact to his victims that have PO’s against him. Very simple concept. I repeat for the 3rd time…He needs to lock his shit down to prevent it from sending unwanted contacts or he needs to remove the functionality. It really is that simple.
Yep. One way or another, Schmalfeldt had the ability to make sure his process would not send email to Hoge, yet failed to take action.
Regardless of who entered Hoge’s email address in Schmalfeldt’s site, the email was from Schmalfeldt to Hoge. Schmalfeldt had the ability to make sure that couldn’t happen. Schmalfeldt just sat by and let it happen. Bill really needs a lawyer.
You guys are conflating your desire to punish BS for all of his various misdeeds for what is actually reasonably applicable under this particular peace order. It annoys me too, but BS is correct on this one tiny point: he has the right to use reverbnation’s mailing list software. Like I said above, there’s no evidence that he entered Mr. Hoge’s email to the list, nor is there any that he knew before today that it had been entered. BS [apparently] didn’t cause this email to be sent by reverbnation, even though it bears his name; the person who entered Mr. Hoge’s email did that. No matter how vile BS is, he is responsible only for his own vileness.
Schamlfeldt also has the right to walk down the street. But if he sees Hoge coming he has to turn around and walk away. Schmalfeldt is obligated to do whatever it takes to make sure there’s no contact, even if he has to cease using a particular service to do so.
AJ, I don’t think any of us are conflating anything. We see it differently and have explained why. You seem stuck on one point, that you believe Mr. Hoge will be unable to prove the defendant sent the email. You haven’t specified the standard you believe is applicable, iirc, but it appears from my reading the standard you apply is close to beyond any doubt.
The actual standard is a preponderance of the evidence; 50.000000001%; slightly more likely than not that the defendant is responsible for the email. Note I used the word responsible. Regardless of whether he entered each email address himself (and he likely did), the defendant is responsible for every member of that list receiving email from him.
The email purports to be from the defendant. That is evidence it is from the defendant. Once a prima facie case has been made, the burden of proof shifts to the defendant.
That is not the only evidence available to show the defendant violated the court’s clear order, nor is it the only violation at issue at the upcoming hearing. I won’t argue the entire case here, even though we all know the defendant will not understand and lacks the ability to heed good advice.
To use the standard you imply, AJ, the no contact provision of any court order can be avoided simply by using an automated program, a different email address, and/or exercising one’s “right to a widget.” (hahahahaha still makes me laugh.) If the victim doesn’t have a key logger and/or video cameras installed to track the defendant, how could anyone prove a violation using that standard?
Instead, consider the totality of the circumstances. Consider the pattern, the prior violations. Consider what you know about the defendant, how reckless he is, his inattention to detail, his inability to think things through, etc. Before you assert the judge won’t know him like we do, remember the judge has seen hundreds of SchmalFOOLs. The judge likely knows him much, much better than we do, and is able to foresee what will happen if he doesn’t take action to stop SchmalFAIL. The judge knows defendants like the bildo almost never think “whew got lucky there; better clean up my act and fly straight from here on.” The judge knows it’s much more likely that there will be more violations, more hearings, and his pattern will continue to escalate.
Again, I believe the defendant entered the email address himself, thinking himself very clever. I think he intended to use that sign-up as evidence at the hearing, for whatever point he hoped to prove by repeatedly claiming our host attempted to follow him on twitter. (Yeah, makes no sense to me, either.) I think he didn’t think it through, and didn’t realize our host would be notified. (And it would surprise me to learn that the cyberstalking freak was not notified of every sign up to his list.)
However, even if he didn’t personally enter our host’s email address, he is still responsible. It is his email list. If he can’t set up a mailing list in a way that ensures our host or any other holder of a restraining order against him will not be contacted by his list, then he is in danger of violating those court orders. Remember, third party contact is not allowed.
SchmalFOOL put himself in this position by being a cyberstalking freak, by harassing and threatening others. He caused those court orders restricting his ability to stalk and harass certain people. It is his responsibility to comply with those orders, or to face the consequences.
“It was an accidental butt-dial to my ex again,” is not going to fly in a show cause hearing. Remove the number from your phone or risk consequences. “But I didn’t know I couldn’t send her flowers,” isn’t going to fly, nor is claiming you didn’t personally deliver the flowers. Don’t try to figure out a way to remind your victim you exist and are still obsessed with them. Judges have seen people a lot more clever than you and put them in jail.
TL;DR Preponderance of evidence is the standard in a civil case, slightly more likely than not. Whether or not he entered our host’s email address (and I believe he did), SchmalFOOL is still responsible for the contact which violated the court’s clear order. If his phone contacts his victim, even if he doesn’t say a word, it’s a violation, and it’s also a violation if his widget contacts his victim.
By Mr. Hoge having received a second email it looks like you may be required to hit the last link shown in order to not receive any more. It will be interesting to know if a third email shows up next Thursday(assuming a weekly interval).
Anyway I think CB is the one requiring email registration not reverbnation. This is where the can of worms is open for any email address to be entered by anyone.
Often, email lists require email verification to prevent web-bots from jamming the list with fake email sign-ups. Still, our host’s email address had to be generated by someone in order to trigger the automated verification request.
I understand the need for the ‘accept’ verification feedback but question the need for the ‘not accept’ verification.
William the Elder @weltschmerz2015 · 26m 26 minutes ago
Why is Hoge allowing his website to be used by people to threaten me? He can moderate out the threats. Why doesn’t he? More grist for 30th.
Bill, why don’t you point out exactly where there is a “threat” on this thread? Don’t be your usual pussy self and run away, man up and point it out.
He is like a fat, cuckolded, dumb, broken record. AMIRIGHT!?!?
Plus, it is a show cause hearing, not a whine and complain about blogs hearing. In other words, BS has to show why he should not be held in contempt for violating the PO.
Tis the same old song and dance courtesy of Blob.
Prior to every court hearing, BS carries on relentlessly about all of the irrelevant nonsense he will be able to blather on about in front of the judge — and, how this time… THIS TIME! ELEVENTY!!1!!1!… HOOOOOGE is going down once-and-for-all.
History has proven BS is entirely incapable of learning from past experiences. What a thick-headed dope he is.
Before all is said and done , I see the captive nurse “falling down” again.
Poor woman’s eye sockets can only take so much.
William the Elder @weltschmerz2015 · 21m 21 minutes ago
Anonymous pussy wants explanation? Anonymous pussy can ask me himself. Right here.
The pussy runs away. Color me surprised.
Translation: “I got NOTHING!”
We’ve reached the unfounded bravado phase…..
William the Elder @weltschmerz2015 · 11m 11 minutes ago
2015 will be the year that Hoge learns how fucking with me can turn into an expensive proposition – unless he stops and stops now! #withdraw
Good Christ he is a bore.
And predictable.
Exactly. *yaaawn*
https://twitter.com/weltschmerz2015/status/551144245126770688
I’ve seen planaria with more self awareness.