Toward the end of his direct examination of me during the Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin brought up the subject of Bill Schmalfeldt.
MR. KIMBERLIN: Have you filed any — do you know a reporter named — or an individual named Bill Schmalfeldt?
MR. HOGE: Yes.
MR. KIMBERLIN: Have you filed 367 —
MR. OSTRONIC: Objection.
THE COURT: Sustained —
MR. KIMBERLIN: — criminal charges against Bill Schmalfeldt?
THE COURT: — that is the most leading question I’ve ever heard.
MR. KIMBERLIN: Okay. Have you filed any charges against Bill Smallfeld?
MR. OSTRONIC: I’m still going to object.
THE COURT: Sustained. You can’t tell the person the answer to the question in the question. That’s what a leading question is.
MR. KIMBERLIN: Do you know Bill Schmalfeldt?
MR. HOGE: Yes.
MR. KIMBERLIN: Have you ever filed any charges against him?
MR. HOGE: Yes.
MR. OSTRONIC: Objection.
THE COURT: Overruled.
MR. KIMBERLIN: How many?
MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.
MR. KIMBERLIN: So, 367 criminal charges. My question, what were the results? Simple question. Were they nolle prosed?
MR. HOGE: At my request.
MR. KIMBERLIN: And you — why did you file — what got Smallfeldt on —
MR. OSTRONIC: Objection, your honor. This —
THE COURT: Sustained.
MR. OSTRONIC: — can’t be possibly be defamation —
MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone. Innocent question. He’s a reporter. He wrote a story.
MR. OSTRONIC: Objection.
THE COURT: Well, that’s not a —
MR. KIMBERLIN: Okay. And what happens?
THE COURT: — cause of action. It’s not a cause of action whether they — even if they did that —
MR. KIMBERLIN: It goes to malice.
THE COURT: — that’s not a cause of action.
MR. KIMBERLIN: It goes to malice, sir.
THE COURT: But — for someone else to be — no. Ask another question if you have one.
TDPK got off that topic and moved on briefly to something else. My lawyer only had one question during cross examination.
MR. OSTRONIC: I just have one question, and — on the Bill Schmalfeldt bit. Your charges were — what was the brief disposition of those?
MR. HOGE: Because of — things were getting so out of hand, at the suggestion of the Carroll County State’s Attorney’s Office, Mr.Schmalfeldt and I engaged in a mediation session. At the mediation session, Mr. Schmalfeldt agreed to abide by the peace order going forward. If I was going to get him to abide by the peace order, there wasn’t any reason to go any further, and so I — if you’re going to do this, then let’s dismiss the charges.
This was the second instance of TDPK trying to make the case that my attempts to enforce the peace order against Bill Schmalfeldt demonstrated malice toward Brett Kimberlin. (The first was in a filing in the Kimberlin v. The Universe, et al. RICO Madness.) I find this more than a little interesting.
Now, it is true that the first time I wrote about Schmalfeldt, I was covering the news of his publication of sealed court documents on Kimberlin’s behalf. However, the basis of the peace order had to do with Schmalfeldt’s subsequent harassment of me. It was not based on any actions taken by TDPK—unless Schmalfeldt was acting as Kimberlin’s agent while harassing me.
Of course, that’s not an unreasonable assumption. Schmalfeldt famously proclaimed that he would not have to be “investigating” folks if they would leave Brett Kimberlin alone.
Whatever.
Bill Schmalfeldt is now effectively sidelined. He knows that any further attempts at using extortionate tactics for his “investigations” will result in pushback, the least of which could be yet another restraining order or peace order. He has no significant following. He sputters and rants about what he reads online to a minuscule audience. No one takes him seriously, and, except for a few people who poke fun at him, almost no one looks at his tweet feed or blog. Essentially all the copies of his recent books that he sold were purchased for use as evidence against him. None of his “friends” have answered any of his tweets for over a week. He’s last year’s train wreck.
He’s also is, or should be, an object lesson to the rest of Team Kimberlin. Their lying, cyberthuggery, and lawfare is doomed to failure when it meets determined opposition. The smarter members will likely try to disentangle themselves. The rest will go down with The Dread Pirate Kimberlin on his sinking ship.