Subpoenas, Subpoenas, Subpoenas


Deranged Cyberstalker Deb Frisch thinks that she is going to be able to subpoena folks for here sentencing hearing in October. The hearing will be in Colorado. It’s a state case.

IANAL, but the reading I’ve done about Colorado sentencing hearings indicates that the defendant is able to call character witnesses. The folks listed in that tweet probably wouldn’t be the sort of witness Ms. Frisch would find helpful.

Gentle Reader, pretend for a moment that the court holding the hearing would issue those subpoenas. So what? They would only be enforceable in the State of Colorado unless Ms. Frisch took them to courts in the states where each of the witnesses reside and had them reissued as enforceable subpoenas in those states. Then she would have to pay to have the subpoenas served (a party in a case can’t serve subpoenas related to the case).

Then she would have to pay the travel, food, and lodging expenses of those out-of-state witnesses, and witnesses in some states must be paid in advance upon service of the subpoena.

Given Ms. Frisch’s present state of mind, it seems unlikely that she could accomplish all that anyway.

 

 

Team Kimberlin Post of the Day


Projection. It’s one of the few things that Team Kimberlin does well. They are very adept at assuming that other folks have motivations similar to theirs. If they try to use false criminal complaints to harass someone, then any complaint filed against one of them must surely be false and filed solely to harass. This post titled Whose Case? from five years ago today deals with their attempt to spin Tetyana Kimberlin’s criminal complaint her husband as bogus.

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In writing about Tetyana Kimberlin’s statutory rape charge against Brett Kimberlin, Sore Loserman Bill Schmalfeldt tweets:

RadioWMS ‏Of course, if the documents were not forged, no problem then. But that blows Hoge and Walker’s case out of the water.
1:15 PM – 1 Aug 13 GMT

Hoge and Walker’s case? Neither Aaron Walker nor I have anything to do with that case. Tetyana has made a charge which appears to be backed up by documents and other evidence. If the case goes forward, it will be State v. Brett Kimberlin. It’s the State of Maryland’s case. My relationship to the matter is strictly as an observer reporting facts and an occasional bit of commentary.

Here’s some commentary: The case is a state criminal matter unless, of course, the feds intervene. International sex trafficking in underage girls might be of interest of either ICE or the FBI, particularly if committed by someone who was out on parole at the time. There may be at least one potentially applicable federal statute where the statute of limitations has not run out. Another United States v. Kimberlin? Possibly.

UPDATE—

RadioWMS Perhaps Mr. Hoge might enlighten the class with a talk on what is done with immigrants with forged entry documents.
2:49 PM – 1 Aug 13 GMT

The State Department has published a report that addresses the Cabin Boy’s question. If he were to bother to read it, he would find that both the law and government policy would allow someone who was brought to the U. S. while underage and who was sexually abused to remain in the country and not be deported. Tetyana Kimberlin would have had such status while in the U. S. until she became a citizen.

UPDATE 2—Remember, Gentle Reader, that in Mr. Schmalfeldt’s case we are dealing with an award-winning journalist (he wrote PR releases for the government) who appears to be getting his legal advice from Acme.

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The Cabin Boy’s™ singular ability to get a story wrong seems to be one of the reasons he often winds up out of the frying pan and into the fire.

Team Kimberlin Post of the Day


Brett Kimberlin has engaged in a multi-year campaign of lawfare to attempt to silence people and organizations who have written truthfully about his past and present activities. He was quasi-successful in his initial lawsuit against Seth Allen in that he was able to obtain a default judgment when Allen did not take the proper steps to defend himself. The Dread Deadbeat Pro-Se Kimberlin has lost every other defamation case he’s filed since 2012

In his suit against Seth Allen, Kimberlin alleged that he had been defamed by Allen calling him a pedophile. However, he never presented any evidence that Allen had done so. This is from the transcript of the default hearing in Allen case. A is Kimberlin, Q is Allen.So it appears that Kimberlin was so concerned about possible accusations of pedophilia that he assumed they were present in Allen’s blogging—even when there was no evidence that such accusations had ever been made.

I’m reminded of Proverbs 28:1.

However, evidence surfaced in 2013 that did tend to support a conclusion that Kimberlin is a pedophile, and, along with others, I blogged about it. Team Kimberlin’s initial reaction via Breitbart Unmasked was to accuse his accuser of being mentally ill. When that didn’t get any traction, my fellow bloggers and I were attacked. Bill Schmalfeldt was editor of Breitbart Unmasked at the time. Five years ago today, I published the following post about #BillSchmalfeldt and Pedophilia.

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I don’t think Bill Schmalfeldt is a pedophile. I think that he is a vile and disgusting thug who delights in crudely splicing other people’s faces into homoerotic porn and who has a sick fascination with scatological “humor,” but the Cabin Boy has his limits. He isn’t a pedophile, and I believe him when he says he finds pedophilia repugnant.

However, I do believe that Brett Kimberlin most likely is a pedophile. As another blogger has noted, there’s too much smoke for there to be no fire. Given the relationship with the Barton girl described in Citizen K and what Tetyana Kimberlin has been able to document to date, yes, I believe that Brett Kimberlin is probably a pedophile. My confidence level for that belief is approaching my confidence in Newton’s Laws of Motion.

Similarly, there’s very little doubt in my mind of the connection between Bill Schmalfeldt and Brett Kimberlin. Schmalfeldt is Brett Kimberlin’s pal, and that association has resulted in some folks referring to the Cabin Boy as an enabler of a pedophile or as a PedoPal. If the shoe fits, …

If Bill Schmalfeldt were capable of honestly reviewing the evidence, I believe that he would come to the same conclusion about Brett Kimberlin that I and many others have, and I believe that, given such an understanding, the Cabin Boy would jump ship.

So why does Schmalfledt stay on board?

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Schmalfeldt’s watched Kimberlin lose multiple defamation suits, including the one in which he sued Aaron Walker, Stacy McCain, Ali Akbar, and me for calling a pedophile (among other things) and failed to prove that we had said or written anything false about him.

So why has Schmalfeldt stayed on board?

Team Kimberlin Post of the Day


One of the things that keeps tripping up Team Kimberlin (and especially the Cabin Boy™) is copyright. Five years ago today, Schamalfeldt was issued a bogus DMCA Threat which resulted in some images being temporarily taken down by Hogewash!‘s web host.

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Bill Schmalfeldt threatens to file a DMCA takedown notice over this image:Thecrew

The image is a parody of StarWar VI. Does he claim to own the rights to that film? Disney would contest that.

Does he claim to own the copyright on the image of Brett Kimberlin when he was arrested for impersonating a federal officer? Sorry, that is a public domain image.

Does he claim to own the copyright on the image of Neal Rauhauser? Fine. Produce an affidavit that he is the photographer or the purchase records of the rights.

Does he claim to own the copyright on the image of himself? Fine. Produce an affidavit that he is the photographer or the purchase records of the rights.

Does he claim to be the agent for any of the copyright holders? OK. Produce the documentation appointing him as the agent.

Otherwise, he should realize that filing a bogus DMCA claim could cause him to wind up in court as a defendant rather than a plaintiff. He’s already pushing his luck, but perhaps he wants to double down on stupid.

Perhaps I can get pro bono help from a blogger who helps others subject to bogus censorship …

UPDATE—I’m told that Bill Schmalfeldt has asked nicely that the picture be taken down. Who did he ask? Is he saying that he asked me?

UPDATE 2—Bill Schmalfeldt seems to think that because he is the subject of a photograph or because it was published on his website that he has a copyright on the picture. That’s not necessarily true. The copyright to a picture belongs to the photographer who takes the picture. Schmalfeldt has a copyright on the his website, but unless he took that picture himself, he would have no more ownership of it than he would of a quote from Mark Twain.

Remember, folks, I don’t own my headshot. I use it under license from the photographer who took the picture. He owns the copyright as Bill Schmalfeldt found out.

Furthermore, the parody image was not my creation. I have no rights to it other than permission from the artist to publish.

Schmalfeldt either needs to come up with proof that took the picture himself or that he acquired ownership of the copyright in some other way. Or he needs to knock it off.

UPDATE 3—I just pulled it out of the file to check. I have document signed by the President of the United States saying that I am a gentleman. Actually, an officer and a gentleman. And it’s signed by Richard Nixon. Oh well …

UPDATE 4—Once more, in simple words: The copyright to a work belongs to the creator of the work. The photographer owns the copyright photograph not the subject. The photographer who owns the copyright to my headshot sent the takedown notice on my headshot. Peter Ingemi requested that my image from his copyrighted video not be photoshopped into a pornographic picture. I have never claimed a copyright on any image of me published by Bill Schmalfeldt.

UPDATE 5—This will have to do for now:thecrew2

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The Cabin Boy’s™ Copyright Karma eventually caught up with him. During one of his sojourns as editor of Breitbart Umasked Bunny Billy Boy Brett Unread, he used material from Hogewash! in a post at BU. I filed a DMCA notice with BU‘s web host who informed BU that access to their site would be blocked for 10 days if they did not respond with a counter notice. A DCMA counter notice must contain information that will allow service of process. Rather than identify the owner or an agent for BU, the site was taken off shore.

Cowardly cowards gotta cower.

Team Kimberlin Post of the Day


Five years ago, Bill Schmalfeldt had had his first peace order issued against him and The Dread Pro-Se Kimberlin was in the throes of his court battles relating to his marital problems. Neither one of them seemed happy with the attention they were receiving from bloggers. So about that time a bunch of harassment websites were rolled out on servers that hosted Kimberlin- and Schmalfeldt-related sites. Those site piqued my interest, and I found another interesting web domain during my investigation. I wrote about it in this post published five years ago today.

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unmaskedhosting dot com is a name server located in The Netherlands that used to be the the name server for Breitbart Unmasked and still provides that service for a bunch of domains associated with Team Kimberlin in general and Bill Schmalfeldt in particular. It also is the name server for globalpharma dot biz. (No, I won’t link to it.)

globalpharma_bizglobalphrama dot biz posts a phone number with a 480 area code. That would be in the Phoenix, Arizona, area. They say they ship via the US Postal Service. All that implies an American operation.

If you read the About Us page on the web site, you find the following paragraph:

It is now the country’s largest dedicated internet and mail order pharmacy, serving the growing number of people who are unable or unwilling to visit high street pharmacies. It allows prescriptions, over the counter medicines and personal care products to be delivered direct to your doorstep without having to leave the comfort of your own home – and many at prices lower than the high street.

High street? That’s an unusual term for an American to use. It sounds British. Read on, and you’ll find:

Global Pharma Services is run by pharmacists and operates to the highest professional standards. It is registered as a mail order pharmacy with The General Pharmaceutical Council (GPhC) and holds an NHS mail order pharmacy contract.

The General Pharmaceutical Council describes itself as follows:

The General Pharmaceutical Council (GPhC) is the regulator for pharmacists, pharmacy technicians and pharmacy premises in Great Britain.

And NHS usual refers to the publicly funded health care systems of the UK.

Hmmmmm.

I went shopping (and didn’t buy anything) at the site. It offered to sell me Viagra 100 mg tablets for $1.00 each. That’s roughly 10% of the price of Viagra from a legitimate pharmacy in my neighborhood.

Hmmmmm.

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Things got interesting over the next few months. I post a summary in a few days.

Stay tuned.