Team Kimberlin Post of the Day


Four years ago yesterday, the Circuit Court for Carroll County extended the first peace order granted against Bill Schmalfeldt. During the course of the hearing on my petition for the extension, Judge Stansfield patiently explained the law to the Cabin Boy™ in an attempt to correct his misunderstandings of various points. The next day, Team Kimberlin was on the Twitterz making stupid claims about the law—and that resulted in this Prevarication Du Jour.

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Here’s a doozie …DERPSEC201312101221Z

When asked to cite a case where the Supremes had so ruled, the response was …

[crickets].

The reason is quite simple. There is no such ruling; the question hasn’t been considered by the Supreme Court. Meanwhile, the applicable case law says the opposite, including Hoge v. Schmalfeldt (Md. Cir.Ct. Carr.Co. 2013) Case No. 06-C-063359 (cert. denied). Schmalfeldt raised the “@mention isn’t contact” argument in paragraph 2 of his Supplement to Petition for a Writ of Certiorari during his appeal in that case. The Court of Appeals didn’t buy it, finding “there is no showing that review by certiorari is desirable or in the public interest.”

A large part of the hopeful confusion among the pro-harassment crowd relied on their focusing on the fact that Internet harassment is specifically covered by a Maryland statute, but the missed the fact that it violates another Maryland law as well, one that can be a trigger for a peace order. That law, the statute dealing with harassment generally, is the one which the Circuit Court found Schmalfeldt transgressed.

There is no safe harbor in Maryland law for harassment via the Internet.

UPDATE—After referring to those questioning his legal scholarship as “lickspittles,” @LibtardMedia has taken his account private. Now, who would call his opponents “lickspittles”?

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During the hearing, I stated that I believed that Schmalfeldt would continue to violate the peace order until it was enforced. Alas, everything proceeded as I had foreseen.

August Ames was unavailable for comment.

Team Kimberlin Post of the Day


Four years ago today, the first peace order against the Bill Schmalfeldt was renewed following a hearing in Carroll County Circuit Court. After the hearing, I posted about What I Saw in Court.

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I was called to the stand by my lawyer Zoa Barnes, and we presented evidence of Bill Schmalfedlt’s violations of the existing peace order. The peace order requires that Schmalfeldt not contact, attempt to contact, or harass me. We presented evidence of over 470 times that he contacted me after the order was issued. We presented evidence of at least one attempt to contact me through third parties. We presented evidence of harassment in the form of three pornographic images Schmalfeldt created using my likeness. Even dealing with lots of objections, that only took about 20 minutes.

I spent the next hour on the stand being cross examined by Schmalfeldt. Most of that hour was taken up by his ranting rather than actually asking me questions. He tried to get the court to consider many of the legal theories he had offered before. The result is best summed up with the word res judicata. At one point Schmalfeldt asked me what I thought would happen if the the peace order were extended. I replied that I expected that he would continue to violate it until it was enforced.

When Schmalfeldt tried to bring up the Attorney General’s opinion letter, Judge Stansfield quoted a Court of Appeals decision back to him that said that the Attorney General’s opinion is just one lawyer’s opinion.

After my grilling on the stand, we rested my case, and the court took a brief recess. When we were called back, Schmalfeldt tried to make his case. He was sworn and offered some testimony.

During her closing argument, Zoa Barnes made the point that if the order were extended and Schmalfeldt were to violate it, we would be back with a motion for contempt seeking jail time.

Judge Stansfield granted the six-month extension of the peace order. In doing so, he found that the 470 tweets that I had received between noon on 16 October and last night were contact that I should not have received under the existing peace order. He also found that the pornographic images were harassment sufficient to permit the order to be extended.

That’s what happened today.

Oh, one more thing …

Brett Kimberlin drove Bill Schmalfeldt to the courthouse today. What appeared to be the same silver Toyota Highlander photographed at BlogBash was parked at the courthouse.

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Recently, the Cabin Boy™ has claimed that he never posted pornographic images containing my likeness on the Internet. Judge Stansfield examined the images, found them to be pornographic, and ordered the evidence submitted at the hearing to be sealed.

Schmalfeldt was lying.

Blognet


NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A cyberstalker has filed a nuisance lawsuit against a group of bloggers and has disappeared, apparently to avoid service of court papers. Your job … find him.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Blogsmoke


SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


My, how time flies! Three years have passed since the Cabin Boy™ said he was siccing the Postal Inspectors on all and sundry for the felonious act of mailing him a plastic tub of horse manure. This Bonus Prevarication Du Jour is from three years ago today.

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CBPR201411300042ZPerhaps Tupperware isn’t allowed, but zip-lock bags are apparently OK packaging for manure sent through the mail.

A simple bit of googling shows plenty of companies offering to sell various kinds of manure with shipping via U. S. Mail. It’s most commonly offered by businesses catering to mushroom growers who only need small quantities for use as fertilizer. BTW, horse manure seems to be preferred for mushrooms.

UPDATE—OK, let’s assume that the Cabin Boy™ files a complaint with the Postal Inspection Service. So what? The only result will be that there’s one more government office where eyes roll when they hear the name Schmalfeldt.

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After all this time, it’s probably reasonable to assume the Cabin Boy™ isn’t going to achieve fecal cohesion.

Yours Truly, Johnny Atsign


ANNOUNCER: From Westminster, it’s time for—

SOUND: Caller’s POV. Phone rings twice. Line picked up.

ZOMBIE: (Telephone Filter) Hello.

JOHNNY: Good morning, Pete. It’s Johnny Atsign. You left a message on my answering machine.

ZOMBIE: (Telephone Filter) Right. I was checking to see how the investigation was going on The Grouch’s story about his banking problem.

JOHNNY: I was just writing up my notes. I can give you a brief summary over the phone.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Blognet


NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A copyright troll has attempted to register a copyright on a work consisting of material plagiarized from bloggers. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading