As I noted yesterday, The Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit is due to the Court of Appeals for the Fourth Circuit by close of business today. We’ll see if he makes it. While we wait, I’ve republished the series of posts from four years ago today that dealt with Bill Schmalfeldt’s motion to modify the first peace order issued against him. That running account of the Cabin Boy’s™ follies, beginning with the day’s TKPOTD, is below the fold.
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Team Kimberlin Post of the DayThe giant gas bag prepares to travel to Westminster.
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Today is the day for the hearing in Circuit Court on Bill Schmalfeldt’s motion to modify the peace order issued against him. The net of what he is asking for is to be allowed to harass me if he calls what he’s doing “journalism.”
I have an early morning appointment with my lawyer after which we will head over to the courthouse. I’ll blog about the result of the hearing when it’s over.
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Oh, the Humanity!It burst into flames! It’s fire—and it’s crashing! It’s crashing terrible! … Oh, the humanity … it’s just laying there, a mass of smoking wreckage. … This is the worst thing I’ve ever witnessed.
The Cabin Boy did not do well today. Res judicata won the day, and the peace order remains in force.
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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.
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Bill Schmalfeldt is fantasizing that Brett Kimberlin’s frivolous RICO suit has struck fear into the hearts of the five defendants in his similarly meritless state lawsuit, and that our lawyers are no longer interested in representing us.Fear? Well, not exactly in my case. I learned of the case by checking the Cabin Boy’s blog at 9 this morning. My lawyer for this morning’s hearing had stepped out of the conference room to check on something, and when she returned, I was laughing at the major stupidity of Brett Kimberlin’s action. On advice of counsel, I’ll say no more than that.
And as to the matter of having counsel to advise me, no one who is on board the current legal team has expressed any interest in leaving. A second attorney will likely be lead counsel for the RICO suit, but there’s plenty of time to sort that out.
UPDATE—Kimberlin Unmasked is also suitably unimpressed. [bad link]
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Bill Schmalfeldt is a false prophet, or perhaps I should say he has a rather poor record of predicting my future.As Judge Stansfield told him, the things already decided by the Court weren’t up for review in a motions hearing. Res judicata and all that. And the 24 alleged perjuries in my lawyers answers to his motion were never discussed. My disagreement with his point of view did not constitute perjury, and, even if it did, it wasn’t relevant to his motion.Schmalfeldt seems to be confused about the relationship between civil torts and crimes. There was essentially no chance of my being arrested today.I pointed out in an earlier post that I already have a nice pair of Smith & Wesson Stainless handcuffs left over from previous employment. I really do. I found this old picture of them.UPDATE—To answer inquiries, it’s a Colt Detective Special (Third Model).
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… on today’s hearing in Hoge v. Schmalfeldt—
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Everything proceeded as I had foreseen.