Team Kimberlin Post of the Day


The following is from the TKPOTD published three years ago today.

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res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog an the air.

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And your support is greatly appreciated!

Team Kimberlin Post of the Day


Here’s another vintage TKPOTD. It ran three years ago today.

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The Dread Pro-Se Kimberlin has apparently had the record of the third degree sexual offense charges filed by his wife and that were nolle prossed by the Montgomery State’s Attorney’s Office sealed or expunged. However, before that happened, I obtained a certified copy of the charging document from the court and published it. While it can’t be used in court, it is still available on the Internet. That was straightforward reporting of a crime story. TDPK tried to spin that truthful reporting into defamation as part of his Kimberlin v. Walker, et al. nuisance lawsuit.

MR. KIMBERLIN: After those charges were nolle pros, did you take a trip down to this courthouse and get a certified copy of those charges, and post them on your Scribd account?

MR. HOGE: No. Not this courthouse. They’re not kept here.

MR. KIMBERLIN: Well, whatever courthouse?

MR. HOGE: Across the street. District Court —

MR. KIMBERLIN: But — so the charges are dismissed, you come down and get a certified copy, and post them on Scribd.

MR. HOGE: Yes.

MR. KIMBERLIN: And are those charges — do you know whether those charges were not only nolle pros, but expunged and sealed by the court?

MR. HOGE: The charges are not on the Maryland Judiciary Case Search right now, so I can’t tell you what the court may have done with them.

MR. KIMBERLIN: Well —

MR. HOGE: I can’t tell you what the court did.

It wasn’t very smart of TDPK to bring up those charges. A prosecutor entering a nolle prosequi on a charge does not mean that the accused is innocent. Here’s how, first, Judge Johnson, and, second, Stacy McCain, explained nolle prosequi at various points during the trial.

The objection was sustained to that question. How is it relevant if the State entered a nolle prosequi? All that means is that the State elected not to go forward. It doesn’t mean anything to do with the substance of the charges.

Nolle pros does not mean you were falsely accused. I’ve had traffic tickets that were nolle pros. That didn’t mean I wasn’t going 85 miles an hour.

However, it did bring up the question of why, if they were bogus charges, wasn’t his wife in court to support him by testifying that we had suborned perjury and that he had not had sex with her when she was 15—was he innocent, or did he simply get away with something? That was not a good question for him to plant in the minds of the jurors.

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Of course, the case never got to the jury. Judge Johnson put it out of its misery when TDPK rested his case by granting judgment for the defendants under Rule 2-519 because Kimberlin had failed to present any evidence that we had made any false statements about him. Considering what we were prepared to offer in out defense, TDPK was lucky. He really didn’t want any of it in the record.

Yours Truly, Johnny Atsign


We’re presenting another vintage episode this week. It’s from three years ago—

Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Cell phone rings four times.

JOHNNY: Johnny Atsign.

AARON: (Telephone Filter) Hey, Johnny, where are you?

JOHNNY: Off fishing. I told you guys that I was taking a break.

AARON: (Telephone Filter) I know, but where?

JOHNNY: It’s a secret spot. I’m near the headwaters of a river. I’m standing in in one state, and the stream is so narrow up here that I can bounce flies off the bank of the next state.

AARON: (Telephone Filter) I don’t need to know your exact location. What I want to know is how quickly you can get back.

JOHNNY: If I have things my way—several days. If it’s important, I can be back tomorrow morning.

AARON: (Telephone Filter) It’s important.

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

Team Kimberlin Post of the Day


Four years ago today, we were about halfway through the term of the first peace order issued against the Cabin Boy™. One of the requirements of that order was that Schmalfeldt was to cease communicating with me. Of course, he disobeyed that order (that’s why it was extended), and one of the ways he did was to send pingbacks to the comment section of this blog.

The following was the TKPOTD for 18 September, 2013—

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Bill Schmalfeldt says that I don’t understand how pingbacks work.TS201309171109ZI’ve always understood a pingback as a comment sent from one blogger to another to alert a blogger to a link to his blog, but I considered the possibility that I’ve misunderstood what pingbacks are. I’ve been receiving them and using them for a couple of years now, but I thought I’d check with WordPress support to verify my understanding.

Here’s what I found in the WordPress Introduction to Blogging

The best way to think about pingbacks is as remote comments:

• Person A posts something on his blog.

• Person B posts on her own blog, linking to Person A’s post. This automatically sends a pingback to Person A when both have pingback enabled blogs.

• Person A’s blog receives the pingback, then automatically goes to Person B’s post to confirm that the pingback did, in fact, originate there.

(Emphasis in the original.) So creating a link to a WordPress blog from another sends a comment to the linked blog. Creating such a link is one way of commenting on another’s blog. I receive such comment all the time from other bloggers.pingback1 pingback2

Unfortunately, pingbacks are an all-on or all-off function, so if I want to be able to receive them from legitimate bloggers, I have to leave the door open for all pingbacks. Since the middle of August, I’ve received over 80 pingback comments from Bill Schmalfeldt. They’ve been trapped by moderation, and I’ve never let one through.

The Cabin Boy claims that he isn’t generating the comments. He says WordPress is doing it. Really? Is WordPress creating the active links on his sites and blogs? WordPress is merely a conduit. A century ago, folks would have laughed at a person who had filled out a telegram blank when he tried to say that he didn’t send the message but that Western Union did. The same principle applies here.

Schmalfeldt has claimed that he must create the active links so that his readers can come check out my side of the story. Gentle Reader, I’ll bet you can find the Cabin Boy’s latest blog without my having to make teamschmalfeldt dot com an active link.

He also claims that I can solve the problem by turning off pingbacks for Hogewash!, but I am under no obligation to cripple the functionality of my blog because he refuses abide by an outstanding peace order to leave me alone.

I think both Bill Schmalfeldt and I both understand pingbacks and that the Cabin Boy is doing what he does on purpose.

Mens rea? Perhaps. Or perhaps mens aegra or mens infirma?

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During the course of the first peace order, I reported some of the Cabin Boy’s™ violation of the order. As a result, the State of Maryland brought five or six different sets of charges against him with over 360 counts of failure to obey a peace order, harassment, and misuse of electronic communications.

Meanwhile, the Cabin Boy™ appealed the peace order to the Maryland Court of Appeal (the State’s highest court) claiming, among other things, that ordering him to leave me alone violated his rights under the American’s With Disabilities Act. Nothing in his appeal went as he foresaw. The Court of Appeals refused to grant certiorari and did not hear his appeal.

Team Kimberlin Post of the Day


One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.

I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.

Team Kimberlin Post of the Day


It’s been a while since there was any noticeable activity in Schmalfeldt v. Grady, et al. LOLsuit VIII: Avoiding Contact. I haven’t been paying much attention to the details of the case because those are being handled by our pro bono lawyer.

I have my own theory on how the case will end, but I’m interested in knowing what the Gentle Readers believe will be the outcome.

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 is harassing 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