When Brett Kimberlin launched his campaign of lawfare as a means of brass knuckles reputation management, he set himself up for one of the biggest failures of his career. The rest of Team Kimberlin has been similarly unsuccessful, but none of them as spectacularly as Bill Schmalfeldt. Six years ago today, his ineptitude led me to ask What Does the Cabin Boy Have in Common with OJ?
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OJ was acquitted at his murder trial. Bill Schmalfeldt had the first set of criminal charges relating to his harassment of me dropped. Both beat the rap as criminals.
OJ was found to be responsible for the death of his wife and was adjudicated a murderer in a civil trial. Bill Schmalfeldt was found to be responsible for my harassment and was adjudicated a harasser in a civil trial.
A civil adjudication does not bring the same penalties as a criminal conviction, but it is a finding by a court. Bill Schmalfeldt is an adjudicated harasser. His appeals related to that matter have been exhausted, and that finding has not been overturned. None of his whining will change the legal fact that he is an adjudicated harasser.
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Of course, Brett Kimberlin went into his lawfare campaign having already been convicted of perjury, drug smuggling, bombings, and other crimes. His poor legal strategy of suing for defamation resulted in a court ruling that he was “defamation proof.” In other words, a court found that his reputation was already so bad when my codefendants and I wrote about him that it was impossible for us to damage it.