Team Kimberlin Post of the Day

Team Kimberlin is predictably vain and stupidly so. The Gentle Reader may remember that Breitbart Unmasked Bunny Billy Boy Brett Unread has be quiet for the past three months. The Dread Deadbeat Publisher Kimberlin has been unable to find the time to deal with any of that unimportant news that’s been cluttering the Interwebz since mid April. But yesterday, a story too important to ignore hit.

After TDPK’s hearing about the Maryland Court of Appeals decision in the Walker v. Maryland, et al. case, a story (No, I won’t link to it.) was hurriedly published at BU. Of course, the post is a mostly inaccurate representation of what has happened, but it’s the comments following the post that are the real hoot with their silly disconnection from reality. I particularly enjoyed this one:LMAO! It’s almost as if they run that site for the sole purpose of being the objects of pointage, laughery, and mockification.

The Dread Deadbeat Pirate/Pro-Se/Publisher/Perofrmer/Prevaricator/Pedo Kimberlin and his crew should have cut there losses and quit. I’m not through with them yet.

Team Kimberlin Post of the Day

The members of Team Kimberlin who have tried to engage in pro se lawfare have often stumbled over the meaning of Latin legal terms. Bill Schmalfeldt in particular has had trouble with other ancient languages, and I’ve had to provide translations for him as I did four years ago today.

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wmsbroadcasting201407111041ZIt’s just like the narrative in Daniel 5. A low-grade tyrant calls for a learned man to help him when he’s perplexed. I’ve got my Aramaic dictionary handy, so I can translate what it’s telling him.


MENE: Your works have been measured and are coming to an end.

TEKEL: You have been weighed in the balances and found overweight.

UPHARSIN: What’s left of your audience will be divided between Nigerian and North Korean spam bots.

Thus endeth the lesson.

Belshazzar's FeastUPDATE—William Walton wrote a musical retelling of the original story. A recording of his work is available from Amazon.

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The Gentle Reader should remember that the former GS-13 editor Cabin Boy™ once bragged that he scored a C- on an English test for non-native speakers.

Team Kimberlin Post of the Day

While we’re waiting for the Maryland Court of Special Appeals to rule in Aaron Walker’s appeal in the Walker v. Kimberlin, et al. lawsuit, I’ve been recycling Team Kimberlin related post on most days. The recycled post are generally from the same date one, two, three, four, five, or six years before. Yesterday was the fifth anniversary of the first court hearing in matters related to the Kimberlins’ marital difficulties, and I choose to run a different post. Hogewash! isn’t a checkout aisle tabloid, and I avoid such topics unless they are absolutely necessary to properly tell a story about something else. Today’s recycled post from 10 July, 2013, mentions the Kimberlins’ difficulties tangentially.

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It has been noised about on the Interwebs that I celebrate adultery or that this blog does. That is not true.

I take what God says about it seriously. I don’t encourage it. I don’t support it. I don’t celebrate it.

I also rarely talk or write about it. This blog isn’t about tabloid journalism. Adultery happens and is sometimes a driving factor in a story, but adultery per se is not a focus of this blog.

UPDATE—An anonymous coward from Team Kimberlin wishes to preach to me:TK20130710aYes, my son is overweight. The problem stems from a side effect of a drug he was taking for serious medical condition. He is now on a different regimen and has lost a significant amount of weight.

The anonymous coward preaches on …
TK20130710bHaughty eyes. Would that be like assuming you’re enough smarter than the average bear so that getting caught is simply bad luck?

A lying tongue. Is that kinda like perjury?

Hands that shed innocent blood. Could that blood come from a man’s leg after it had been blown off by a hidden time bomb?

A heart that devises wicked plans. Like smuggling contraband drugs, or plotting murder of a prosecutor, or lying about selling drugs to a political candidate, or … ?

Feet that make haste to run to evil. Like a recurring habit of stalking one’s critics and enemies?

A witness who breathes out lies. Like a guy who testifies that he did not engage in behavior for which there is clear documentation that he did?

One who sows discord among brothers. Like someone who falsely accuses his wife of mental illness in front of her children?

No, I haven’t forgotten that passage from Proverbs, and I think that it tells us a great deal about God’s sense of justice.

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A stone is heavy,
and sand is a burden;
but a fool’s provocation is heavier than both.
—Proverbs 27:3

Team Kimberlin Post of the Day

In June, 2013, the Circuit Court for Carroll County issued a peace order against Bill Schmalfeldt requiring him to refrain from contacting me in any way for six months. On the evening of 7 July, 2013, I checked my Twitter timeline and found a tweet which I published as the TKPOTD five years ago today.

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Contacting me via that tweet started the chain of events leading to the first of a half-dozen or so charges (over 360 counts) of failure to obey a peace order and harassment being issued against Schmalfeldt by District Court Commissioners. It was also the first of almost 500 instances of unwanted contacts that led the Circuit Court to renew the peace order in December, 2013.

The real pushback against the Cabin Boy’s™ cyberthuggery was beginning. Within a year, he would have filed and withdrawn his first LOLsuit against bloggers and commenters who wrote truthfully about him and his activities. It’s been downhill for him ever since, and I not through with him yet.

Team Kimberlin Post of the Day

Bill Schmalfeldt’s career of cyberthuggery has been on hold for a few days. It will be interesting to see how long the peaceful interlude lasts. Some of us who he’s tangled with over the past five or six years have managed to push back hard enough to … well … hard enough to cause this pause. However, if past is prologue, he’ll likely return to form. As this post from five years ago today shows, the Cabin Boy™ has trouble learning from his mistakes such as the first peace order issued against him.

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RadioWMS ‏And yet, certain parties continue to refer to me by derogatory nicknames. Is that not at least the same sort of conduct I am charged with?
5:19 PM – 6 Jul 13

The Sore Loserman doesn’t like to be referred to as Cabin Boy Bill. Perhaps he should review Judge Zwaig’s ruling in Walker v. Schmalfeldt. Surely, as the star of an Internet radio service, Bill Schmalfeldt, a public figure, should be required to put up with what is said about him at least to the same extent that Aaron Walker must. Or does being on the receiving end of the same defense he offered cause more Schmalfeldt pain than he can handle. It almost as if he can dish it, but he can’t take it.

Actually, that mockery is nonsense. The Cabin Boy hasn’t been charged because he referred to someone by a derogatory nickname. What Judge Stansfield found in Hoge v. Schmalfeldt was that Schmalfeldt engaged in a continuing pattern of conduct with the purpose of harassing, alarming, or seriously annoying me. The judge found that Schmalfeldt kept doing so after he was put on notice to stop contacting me and that Schmalfeldt was aware of the notice. The judge also found that Schmalfeldt did it without a legal purpose—any legal purpose—including those specified in the law. Furthermore, the judge found that Schmalfeldt was likely to continue his harassment of me, so he issued a peace order requiring that Schmalfeldt refrain from contacting, attempting to contact, or harassing me for 6 months.

The harassment I put up with from Schmalfeldt was nickel/dime stuff compared to what Aaron Walker has had to deal with. Given the Circuit Court’s finding that Schmalfeldt was harassing me and given that Aaron Walker was an addressee of many of the same messages, a similar finding with respect to Schmalfeldt’s behavior toward Walker would not be unreasonable. The difference is that my case was civil while the case involving Walker is criminal. If it goes forward, it will be State v. Schmalfeldt.

Lawyers have a rule of thumb that says when the facts are against you, stress the law; when the law is against you, stress the facts; and when the facts and the law are both against you, yell and bang on the table. Schmalfeldt has never had the facts on his side. Tae Kim, the Cabin Boy’s lawyer, did a fairly slick job of convincing District Court judges of loopholes to save his client, but when a case got to Circuit Court on appeal all of those alleged loopholes were plugged. With neither the facts nor the law on his side, Schmalfeldt is now engaged in table banging.

RadioWMS ‏Hoge knows my comments about “you can never mention my name ever never” were meant as a joke, still, he says I was serious.
6:53 PM – 6 Jul 13

I know no such thing. I have no way of knowing when Bill Schmalfeldt is serious or when he thinks he’s joking. I do know that he reacts poorly to being held accountable for his own actions.

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Of course, it’s possible that the Cabin Boy™ has found something constructive to do with his life, but I don’t foreseen things proceeding that way.

Stay tuned.

Team Kimberlin Post of the Day

As I’ve noted many times before, including in this post from five years ago today, Bill Schmalfeldt is a Liar.

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Cabin Boy Bill has posted what appears to be the text of an email to the Howard County State’s Attorney’s Office about Aaron Walker. In describing Aaron Walker’s presence at the three recent hearing in the two Hoge v. Schmalfeldt peace order cases, Schmalfeldt writes:

Walker sat right at Hoge’s side through all of this.

That is not true. At both of the District Court hearings (28 February and 29 March), I represented myself. I was alone at the Petitioner’s table in the courtroom. Mr. Walker was sitting in the public gallery. He was there for two purposes. First, although it turned out that his testimony was not necessary, he was a potential witness. Second, he was there in order to be able to blog  about what he saw. The Gentle Reader will notice that from the time I filed a complaint against Bill Schmalfeldt until I won the case in Circuit Court, I refrained from making any substantive comment about matters concerning the two of us that were before the courts. Just as I had written about Aaron’s cases last year, he has written about mine this year.

Aaron Walker was also present during the Hoge v. Schmalfeldt appeal in Circuit Court this month. He was there for the same two reasons. I was ably represent by Zoa Barnes at that hearing, and I sat with her at the Petitioner’s table. Aaron sat near the back of the courtroom on the opposite side from where Brett Kimberlin sat.

In one sense, my friend Aaron Walker has been at my side through all this nonsense with Bill Schmalfeldt. More important, he’s had my back. And so have a lot of other people—if I tried to name them all, I’d probably screw up and forget some of them, but they know who they are. I want to thank all of them.

Schmalfeldt is not only a liar, he’s a loser. The Circuit Court reversed the findings of the District Court in the first Hoge v. Schmalfeldt peace order case. In throwing out Schmalfeldt’s Motion of Dismiss, it effectively ruled that the District Court erred in it’s dismissal of the second peace order case. (I didn’t appeal that case because I felt certain of winning the appeal of the first. Why go to the expense of a redundant peace order appeal?) The Circuit Court found that Schmalfeldt did, in fact, engage in the harassment underlying the peace order petition. The related criminal charges were nolle prossed by the State’s Attorney’s Office. Nolle prosequi is not an adjudication on the merits of the prosecution or on the guilt or innocence of the accused. It isn’t a guarantee that the defendant will not be later recharged. Indeed, prosecutors use nolle prosequi instead of outright dismissals so that a defendant may be recharged without running afoul of a double jeopardy claim. Schmalfeldt has never been found not guilty; he has only temporarily beaten the rap. Now that a higher court has found that Schmalfeldt engaged in harassment, the State’s Attorney could recharge him with a reasonable expectation of getting a conviction in the District Court.

Bill Schmalfeldt is huffing and puffing about legal action again. Before he brings a lawsuit against anyone, he should consider that a plaintiff who does not cooperate with the discovery process can expect to have his case dismissed with prejudice.

He can huff and puff all he pleases. If he’ll look at the pictures of my house he downloaded, he’ll see that I’m the one who lives in a house made of bricks.

UPDATE—Any decision to recharge Bill Schmalfeldt is a matter for the Carroll County State’s Attorney’s Office. Their decision to nolle pros the cases was based on the failure of the related peace order petitions in the District Court where the same judges would try the criminal cases. I was told that a successful appeal might lead them to reevaluate the cases.

My appeal was successful. The State’s Attorney’s Office has the option of refiling some or all of the charges.

I am gratified to know that the Cabin Boy intends to share this post with the Howard County State’s Attorney’s Office, but I don’t understand why. This post documents one of the falsehoods that he uses to try to establish that Aaron Walker has practiced law in Maryland. That may tend to diminish his credibility with the State’s Attorney’s Office. Moreover, it’s one thing to have a hazy recollection of a past event, but it’s quite another to get a whole story substantially wrong. There’s enough provably false material in his email that the Cabin Boy may have bought himself some trouble. See Md. CRIMINAL LAW Code Ann. § 9-503. The idea that Aaron Walker was practicing law in Maryland in the Kimberlin v. Allen case was also part of a accusation Brett Kimberlin made in a bar complaint in Virginia last year. I’ll bet that the Virginia State Bar will be willing to share their findings with their Maryland colleagues. They found the complaint to be baseless.

I’ll also point out that a Circuit Court has found that he has engaged in harassment. If memory serves, the Howard County charges against Schmalfeldt were nolle prossed as well. Is he trying to get the Howard County State’s Attorney to reexamine the complaints by Lee Stranahan and Aaron Walker in light of the Carroll County finding?

As to a malicious prosecution lawsuit such as the Cabin Boy has mentioned, one of the elements he would have to prove is a lack of probable cause in the criminal cases. The Circuit Court’s finding that he engaged in harassment would support that I had probable cause to believe that he was engaged in harassing me by various means. Wouldn’t that gut any potential case?

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There’s a reason why the Cabin Boy™ is referred to as The Dreadful Pro-Se Schmalfeldt. In the case of the first peace order, the facts and the law were so conclusively against him that he couldn’t win even with the assistance of a real lawyer.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

One of the ironclad rules of this blog’s coverage of The Saga of Team Kimberlin is that the family members of the individuals in Team Kimberlin who do not interject themselves into TK’s activities are off limits and their privacy is respected to the greatest extent possible. OTOH, Team Kimberlin views the members of my family as fair game. This post about Another Down Twinkle Stooge from five years ago shows an example of TK drivel.

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larry“Larry” has an IP address from a German ISP noted for hosting spammers. I wonder where Moe and Curly will check in from?

UPDATE—You know, “Larry’s” question deserves an answer, and the answer is, “Yes.”

And, “Larry,” I’m quite proud of my son. He’s not an idiot, not in either the medical/psychological or the colloquial sense. The medical definition of idiocy is a very low IQ that ranks in the bottom 1%. Will’s IQ is actually in the upper range of the upper 1%. Like many young men, he doesn’t have all the experience that brings wisdom with age, but he’s no fool either.

So, yes, he’s my best shot.

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Will and I had a great time together Tuesday evening at a picnic held after the installation of a plaque honoring Mrs. Hoge and her work with the Carroll County Forestry Board.