Team Kimberlin Post of the Day

Four years ago, Mrs. Hoge was recovering from back surgery to repair damage done to her spine by breast cancer that had metastasized to her spine and had just begun chemotherapy for her cancer. Team Kimberlin sent her this email which I posted four years ago today.

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This arrived in Mrs. Hoge’s inbox today.

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Your husband is being criminally charged with stalking a teenage girl. That’s some sick stuff. Imagine what everyone at the Forestry Board is thinking when they read the newest article about your husband’s perversions. So embarrassing. Finally people at Goddard are taking an interest in John’s mental depravity and he will more than likely be suspended, if not let go totally. You have your own insurance, don’t you? I hope so. Remember what happened when John was responsible for his own mother’s care. He had to be taken to court twice to pay her bills. Sorry that you are suffering through a disease and a terrible marriage to a perverted man with a deteriorating mental capacity. The more your friends are made aware, the more support you will receive…. right?

[link to Breitbart Unmasked redacted]

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I suspect that Dante would have consigned whoever sent that to Bolgia 9 of the Eighth Circle.

Of course, the email was completely ineffective, as were the emails sent to Mrs. Hoge’s associates. She viewed the email as pathetic. Our friends and associates were puzzled by the emails they received, and asked what was going on. By the time I finished telling them a long story that began with “Do you remember the federal prisoner who claimed to be Dan Quayle’s dope dealer?”, they were either laughing or shaking their heads.

Failing failures gotta fail.

Team Kimberlin Post of the Day

I was the first person to hold Bill Schmalfeldt accountable for engaging in online harassment. In February, 2013, I filed a petition in the District Court of Maryland for a Peace Order against Schmalfeldt, and my petition was denied. Now, in Maryland one is entitled by law to one appeal of an adverse judgement, and that appeal is to the next higher court in the system. Appeals from the District Court go to the Circuit Court in the county where the District Court trial or hearing was held. Appeals from cases originating in a Circuit Court go the Court of Special Appeals. Once, a first appeal is exhausted, one may file a petition for a writ of certiorari with the Court of Appeals, the state’s highest court, but that court does not have to grant a second appeal.

When that first peace order was granted on appeal by the Circuit Court, that was the end of the appeal process as far as the lower courts were concerned. However, Schmalfeldt filed an appeal with the Court of Special Appeals. That court kicked the paperwork upstairs (literally, the Court of Special Appeals is on third floor and the Court of Appeals is on the fourth floor of the State Law Library and Courthouse in Annapolis), and the Court of Appeals treated his pro se filing as a certiorari petition, which the court denied.

When the peace order was extended, Schmalfeldt appealed again—to the wrong court. Again. This post ran five years ago today.

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Petition Docket No. 29 for the September, 2014, term of the Maryland Court of Appeals is Schmalfeldt v. Hoge, the Cabin Boy’s™ appeal of the extension of the peace order in place against him. His appeal paperwork (such as it is) is shown below. A respondent is allowed 15 days in which to answer a petition for a writ of certiorari. That time begins running either when the petition is completely filed (with any supplement) or, if no supplement is filed, when the time allowed for its filing runs out. The Cabin Boy’s™ time ran out yesterday without his filing a supplement, so I have until 13 May to file my answer.

I went by the Clerk’s Office at the Court of Appeals to see what he had actually filed. Since he has not raised any new issues of law and since the Court denied his petition for certiorari the last time around, I see no reason to file anything further. I doubt the Court will change its mind about the validity of Schmalfeldt’s legal arguments. There’s always the chance that they might, but the odds are small. Even if they grant his petition, all that means is that he has permission to appeal, not that he has won.

Let me make a couple more points.

First, the Gentle Reader should note that the Cabin Boy™ is only appealing the extension of the peace order. Even if he were to win his appeal, the original order would still stand, so he will be an adjudicated harasser regardless.

Second, a peace order is a civil proceeding. Maryland’s expungement statute applies only to criminal proceedings. Thus, peace orders cannot be expunged.

UPDATE—Fixed a typo. 13 April should read 13 May.

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Of course, the Court of Appeals threw out that appeal as well.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

One of the reason that Team Kimberlin has failed so often in their attempts to use lawfare against their perceived enemies is there continuing use of evidence which supports the other side’s case. The TKPOTD from a couple of years ago today cataloged one such incident.

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The images on the left have been extracted from the exhibits in the contempt motion the Cabin Boy™ sent me last week, a motion he may or may not have filed in the Hoge v. Kimberlin, et al. lawsuit. The top image shows the timestamp on the photograph he made of his flat tires that he alleges were vandalized. The bottom image is from the police report that he included as an exhibit with his motion. Note that he photographed the tires around noon on the 1st but that he didn’t call the cops until the next day.

Maybe he got a busy signal when he dialed 9-1-1.

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OTOH, their abject stupidity and poor attention to the facts provided grist for the Lickspittle Broadcasting System mill. Without their foibles, we wouldn’t have Blogsmoke; Blognet; or Yours Truly, Johnny Atsign.

Team Kimberlin Post of the Day

Something that you’ll find in almost statement from any member of Team Kimberlin is one or more misused words. Five years ago today this post titled You Keep Using Those Words … cited several examples.

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… I do not think they mean what you think they mean.

Perjury. Extortion. Reasonable Belief. Harassment. These are words with well defined meanings in law. Regardless of the apparent likeness, the Cabin Boy™ is not Humpty Dumpty, and he cannot bend these words to fit his imagination. He can rant on Twitter and his blog all he wants. It won’t change the law, and it won’t change the facts.

While I will still probably take note of Schmalfeldt’s nonsense and offer occasional corrections, the Gentle Reader should understand that my real engagement with the issues relating to the Cabin Boy’s™ behavior has been and still is with the appropriate authorities. I’m not in a position to say any more than that for now. The Gentle Reader may draw his own conclusions about things based on what has and has not happened.

Meanwhile, I’ve had enough of the Cabin Boy for today, and there’s still spring cleaning that needs to be done around stately Hoge Manor.

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Lying liars gotta lie?

Stupid is as stupid does?

I believe we can embrace the power of AND in this case.

Team Kimberlin Post of the Day

Bill Schmalfeldt was one of the defendants in the Hoge v. Kimberlin, et al. lawsuit. During the course of the suit, he moved several times, and he usually failed to inform the court of his new address in a timely manner. It was almost as if he was trying to dodge service of court papers. When he moved to Clinton, Iowa, he failed to provide a proper address for his residence, but I was able to serve him at his workplace until he lost that job. Then I made a effort to find the house he was renting. A post two years ago today called Location, Location, Location dealt with his displeasure at being found.

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I woke up this morning to find a bunch of tweets from the Cabin Boy™ cluttering my Notifications on the Twitterz. He seems to have had a meltdown caused by a post of mine from yesterday evening. He’s acting as if he lives in the house in the picture from Google Maps.

Does he?

He has been evading service of court papers since he fled Wisconsin. When he tweeted the picture in question back in January, I considered the possibility that it might show where he had moved. Close inspection of the image showed a blurred area on the porch railing. That is consistent with how Google obscures some things for privacy purposes, so I checked Clinton, Iowa, Street View images and found that they were taken in the summer of 2013. The picture Schmalfeldt posted on Twitter shows trees and bushes leafed out which is consistent with summer rather than the winter, and that made it likely that the tweet image was from Google rather than something the Cabin Boy™ had taken in December or January. Indeed, I got lucky and found the same image.

Why was I looking?

The Cabin Boy™ has not been meeting his discovery obligations in the Hoge v. Kimberlin, et al. lawsuit. This has resulted in Judge Hecker granting my petition for a show cause order for contempt against Schmalfeldt, and the Clerk has sent me papers to serve on him. I can’t serve the Cabin Boy™ at work because he is no longer at KMCN, so I needed another good address.

The Gentle Reader should note that I did not publish the address of the house shown in the Cabin Boy’s™ tweets. That’s because I still don’t know that he lives there, and if he doesn’t, there’s no reason to impinge on the actual residents’ privacy. However, Schmalfeldt clearly wants the world to believe he lives there. According to the time stamp on a picture he tweeted to me overnight, he made that picture of himself standing in front of the place several hours after my post. Of course, he could have driven across town and stood in someone else’s yard to take such a picture, so there’s still no proof he lives there. All that picture proves is that the Cabin Boy™ knows where that house is. It doesn’t prove he lives there.

But he may yet provide that proof. Schmalfledt has made noise about talking to a judge about the picture as evidence of stalking. If he brings the subject up to Judge Hecker, he may find that the judge will want to know why he failed to inform the Clerk of his change of address in a timely manner. That conversation might make an interesting sidebar during the Cabin Boy’s™ contempt hearing on 5 May. Meanwhile, I’ll continue to do my due diligence to serve him with notice of that hearing.

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Cowardly cowards gotta cower.