One of the fouler forms of attack suffered by the Team Kimberlin’s critics (and quite often by bystanders caught by Bill Schmalfeldt’s poor aim) was online harassment. Although he wasn’t the first and may not have engaged in the very worst acts, Schmalfeldt was the most prolific of the Team Kimberlin harassers. One of my early contributions toward bring some justice to Team Kimberlin was being able to secure a peace order (that’s what Maryland calls a restraining order between two non-related persons) against the Cabin Boy™.
Brett Kimberlin hired a lawyer to handle Schmalfeldt’s defense, but after the order was issued, Schmalfeldt was on his own for his appeal and other subsequent legal actions. Six years ago today, we were in the throws of his appeal of that first peace order, and this post chronicling one aspect of his legal ineptness appeared. BTW, it was only the third of what has become a long series of posts titled Prevarication Du Jour.
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pre·var·i·cate intransitive verb \pri-ˈver-ə-ˌkāt, -ˈva-rə-\ : to speak or act in an evasive way.
If Bill Schmalfeldt can’t find the tweet that I sent him on 15 February, it’s because he isn’t looking very hard. It looked like this:
If he had typed “oldunclebastard,” the Twitter handle he was using in mid February, into the search box on the upper right here at Hogewash!, he would have found the post linked to in the tweet— The tweet and the blog post were among the evidence introduced in both the District Court and Circuit Court trials.
During the District Court trial, the Cabin Boy implied that he never received that notice. It appears that he lied. During the Circuit Court trial, a tweet was introduced into evidence to prove that Schmalfeldt was aware of the notice.
The link shown in that tweet goes to the post shown above, demonstrating that Schmalfeldt was aware of my demand for him to stop contacting me. He continued to do so in ways that harassed, alarmed, and/or seriously annoyed me in violation of the Maryland harassment statute, and the court found that he did so without any lawful purpose. That’s why he was adjudicated a harasser, and that’s why a peace order was issued.
LAST MINUTE ADDITION—Schmalfeldt has begun to try to weasel his way out of this one.He says he doesn’t remember either the tweet or the blog post that were a major pieces of evidence in two trials in which he was the respondent.
Could it be that the Cabin Boy is trying to use his “forgetfulness” to set the groundwork for some sort of twinkie defense?
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It has been remarked that a Twinkie is unlikely to be able to defend itself against Bill Schmalfeldt.
OTOH, the Cabin Boy™ really did try to enter a diminished mental capacity plea once, but he withdrew it when the judge informed him that she would order him to undergo an involuntary hospitalization for a psych evaluation.