Team Kimberlin Post of the Day


In 2013, I sought a peace order against Brett Kimberlin. My petition was denied by the District Court, as was my appeal in the Circuit Court. I ran this post, Breitbart Unmasked Unmasked, seven years ago today in the afternoon after the appeal hearing. It outlines my case against Kimberlin. At the bottom today’s reposting I’ll explain the pieces of evidence that I didn’t have during the hearing that I believe would have convinced the judge to grant the peace order.

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OK, Gentle Reader, here’s the first installment in my side of the story. I know you tuned in looking for information on the Hoge v. Kimberlin peace order case, but in order for things to make sense, I need to begin with something about the editor of the Breitbart Unmasked website—

As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Bill Schmalfeldt has spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.

On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.cease tweet

Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.

OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web

Click on that link yourself and see.

He continued to send tweets to my @wjjhoge account. As a result, I filed a harassment charge against Schmalfeldt on 18 February. I also filed charges against Brett Kimberlin, Neal Rauhauser, and Bill Schmalfeldt related to another matter at the same time. This is not the place to deal with those issues.

Even though he was on notice and had had a criminal harassment charge filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me. He also broadcast a threat against me on his Internet talk show as well as three other individuals. Because of that activity, I filed for a peace order against Schmalfeldt.

This the last tweet, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:

LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web

Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: I have never been paid to write anything on this or any other blog. I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’m able to do this because I have an above average income working in a very senior engineering position. I’m getting old and may retire some day. When I do, I may put out a tip jar. But for now, my income is adequate to support this blog as a hobby.

At this point, Gentle Reader, you may be wondering what this has to do with Brett Kimberlin. Be patient. I need to lay the foundation for the story.

Schmalfeldt seemed quite agitated by the peace order. A few hours after being served, he rebroadcast the same threat he made earlier that week. @BreitbartUnmask tweeted for him to chill and “let legal handle it.”

BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing then don’t email him or anyone else. Let legal handle that from now on.
1:50 AM Feb 24th from Tweetbot for iOS

BreitbartUnmask @LiberalGrouch @OccupyRebellion @ Stranahan @AaronWorthing That would be a better course of action Bill. Let legal handle that.
1:51 AM Feb 24th from Tweetbot for iOS

BreitbartUnmask @LiberalGrouch @OccupyRebellion @Stranahan @AaronWorthing Understood Bill. Legal will deal with them 😉
1:53 AM Feb 24th from Tweetbot for iOS

The final hearing for that peace order was held on 28 February. The judge didn’t pick up on the fact that Schmalfeldt had had proper notice, so, relying on Schmalfeldt’s false statement that he had not, the judge let him off. But with a warning. He placed Schmalfeldt on notice to leave me alone, telling him that his activity would be harassment given notice and that he now had it.

Brett Kimberlin showed up at the courthouse to attend the hearing. He was excluded from the courtroom as a potential witness. Since he wasn’t called, he did not see any of the hearing, but he was present in the hall outside when the hearing ended. As some supporters and I were exiting the courtroom, we saw and heard Schmalfeldt’s lawyer loudly lecturing his client and Kimberlin. The gist of his warning was that they had been lucky that day, but if they kept it up, they’d go to jail. Note: I have appealed this case and won’t have any more to say about it until the appeal is heard.

Schmalfeldt kept it up, and, as we’ll see below, Kimberlin joined in.

But first a bit more Schmalfeldt.

One of those supporters exiting the courtroom with me was Aaron Walker. Aaron had come up to view the hearing so that he could blog about it. (OK, I need to do another aside: At that point in these peace order cases I was proceeding without a lawyer. I am now represented by Zoa Barnes. Aaron Walker does not now and never has represented me in any legal matter in Maryland.) Because it’s a two hour drive from Manassas, Virginia, to Westminster, Maryland, Aaron and his wife stayed at my house the night before and the night following the hearing. The next day, 1 March, Aaron stopped by the Howard County District Courthouse to file an harassment charge and a peace order against Schmalfeldt. Shortly after the peace order appeared online in the Maryland Judiciary Case Search database, Brett Kimberlin appeared at the courthouse trying to intervene. When he was unsuccessful at that, he took to stalking Mrs. Walker in the courthouse parking lot. Details here. Mrs. Walker was very shaken by the experience. I went to the courthouse and escorted the Walkers back to my house to rest.

While he was stalking Mrs. Walker, Kimberlin was photographed using a iPhone to take pictures of the Walkers. Some of his photos were subsequently published on the Breitbart Unmasked website. (No, I won’t link to it.)

Normally, the final peace order hearing comes a week after the temporary order is issued. In the Walker v. Schmalfeldt case, that hearing was put off for two additional weeks because of the death of Schmalfeldt’s mother. There were some interesting Kimberlin shenanigans related to the continuance, but they’re outside the scope of this post.

Beginning on 3 March, @BreitbartUnmask sent the following:

BreitbartUnmask @LiberalGrouch @DallasDumbass At anyrate , I think I will say @aaronworthing and @stranahan and @wjjhoge about as much as I want.
7:30 PM Mar 3rd from web

BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
8:51 PM Mar 3rd from WP Twítter

BreitbartUnmask Mr. W.J.J. Hoge Has Either Been Hoaxed, Or Is Very Stupid: http://t.co/bHA1eVIjfw #p2 #tlot
6:50 PM Mar 4th from WP Twítter

BreitbartUnmask @OsborneInk @SwitRead @NealRauhauser @OccupyRebellion none. All charges brought by bi-polar Mike Stack and Wjj Hoge who is insane.
4:41 PM Mar 10th from Tweetbot for iOS

BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the Conservative Political Action Conference. This year’s BlogBash at CPAC was held at a night club a couple of blocks from the convention center. On 7 March, one week before BlogBash, the venue received a call from someone who said he was Brett Kimberlin and who told the club that if they did not “cancel this event, I’m reaching out to the over 1000 organizations I am in contact with to put you guys out of business.” The club’s representative asked, “Are you threatening us, sir?” The caller replied, “No, I’m not threatening you I’m just pissed off. The guy who owns BlogBash has threatened me and my family and I am appalled that you would host his event.” The rant continued with a warning to expect a demonstration led by a fiery imam. Those threats, combined with the threat broadcast by Schmalfeldt, were taken seriously enough by the PG County Police that they beefed up security along the block where the event was held. You can see plenty of police cars in the pictures published about the event at Breitbart Unmasked. More about those pictures in a bit.

On 14 March, the date of BlogBash, @BreitbartUmask retweeted this from @OsborneInk:

OsborneInk .@ali @AaronWalker @wjjhoge Look out, it’s the Ides of March ! Obviously that means someone will explode Blog Bash w/their mind
1:25 PM Mar 14th from SocialOomph retweeted by BreitbartUnmask

Beginning at 6:21 pm that evening, he tweeted the following:

BreitbartUnmask @wjjhoge @Kimberlinunmask Zieg Heil Hoggy, Get your Nazi uniform on for zeee cameras you dumb piece of shit. Wait, you live in shit.
10:21 PM Mar 14th from web

BreitbartUnmask @Xcitizen10 @AkbartheFraud @ LiberalGrouch @yidwithlid Then it will be FILM AT 11..
10:22 PM Mar 14th from web

blogbashdemonstation

At around 9 pm, the threatened “demonstration” happened—a single guy with a camera who began accosting people coming and going from BlogBash. The photographer, who is believed to be Craig R. Gillette of Washington, DC, did not seem to be fully aware of everything that has been going on with Team Kimberlin’s harassment of bloggers. This is somewhat surprising given that Mr. Gillette has been associated with Justice Through Music Project for over seven years.

Gillette was not the only person there in support of the “demonstration.” @BreitbartUnmask was there as shown by this tweet which was sent around 10:28 pm that evening:

BreitbartUnmask @catsrimportant @LiberalGrouch Seriously, the music sucks. Sorry for those who prefer piano bars, but my ears are hurting at off key music.
2:48 AM Mar 15th from web

Gillette was not the only one taking pictures either, and several pictures from across the street were published on the Breitbart Unmasked website. I won’t go into any detail here, but forensic evidence links pictures taken at the Howard County District Courthouse and at BlogBash. I believe that evidence shows that Brett Kimberlin is @BreitbartUnmask.

Meanwhile, back with Schmalfeldt, because of his continued tweeting to me in spite of being put on warning by a judge, I filed for a second peace order, and when he kept at it after that, a petition for contempt.

On 22 March, the Walker v. Schmalfeldt peace order case came up in Howard County. The final order was denied when the judge bought the theory advanced by Schmalfeldt’s lawyer that since Schmalfeldt was a journalist and Aaron Walker was a public figure, Walker had to put up with the harassment. Hold on to that idea that Schmalfeldt is a journalist, at least in the eyes of his lawyer.

On 25 March, my second peace order case with Schmalfeldt came up. This time the defense offered by Schmalfeldt’s lawyer was that neither Schmalfeldt nor I are journalists; we’re just a couple cranky old men having a shouting match on the Internet, and, in any case, the peace order statute doesn’t cover electronic harassment any way. The judge bought the electronic-harassment-isn’t-covered argument and denied the peace order.

Note: On Friday, Schmalfeldt’s a journalist worthy of protection. On Monday, he isn’t.

Moving back to Kimberlin, between 1:32 pm on the afternoon of 21 March and 9:42 pm that night, he sent these tweets:

BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing Hoge has things. Walker=garnishment Stranahan =default judgment he will skip out on.
1:40 AM Mar 22nd from Tweetbot for iOS

BreitbartUnmask @Xcitizen10 @Stranahan @wjjhoge @AaronWorthing All pretty close 😉
1:40 AM Mar 22nd from Tweetbot for iOS

BreitbartUnmask @Xcitizen10 @wjjhoge Could it be that Hoge is on mental disability? Either way he will soon be feeling a hot poker up his wallet.
1:42 AM Mar 22nd from Tweetbot for iOS

The next day, I filed for a peace order and a second criminal harassment charge against Kimberlin. The criminal charging document only listed the harassing tweets. However, he was charged under the general harassment statute. At the beginning of the hearing on 29 March, Kimberlin’s lawyer, the same lawyer who defended Schmalfeldt, offered a motion to dismiss citing the previous Monday’s ruling in the Schmalfeldt case. The judge agreed and dismissed the case without a hearing on the merits.

I believe that the judge erred as a matter of law, so I appealed the case to the Circuit Court. The case was set for today.

On 23 April, I received a copy of a motion filed by Brett Kimberlin seeking to have his case consolidated with Bill Schmalfeldt’s. He filed that motion without bothering to tell his own lawyer. Now, it’s OK to write your own motions, but if you are represented by a lawyer, all communication with the court and the opposing party is supposed to go through your counsel. I immediately contacted Kimberlin’s lawyer and asked what was going on, but I received no reply.

I responded to Kimberlin’s motion on 25 April. The net of my response was that I see the two trials as dealing with separate acts by different individuals at different times and that I believe they should be tried separately. However, I had no objection to trying the case on the same day, so long as that date is no sooner that the 14 June date of the Schmalfeldt trial. At the same time, I also submitted a Motion to Reinstate Peace Order Pending Appeal citing the error I believe that the District Court had made and seeking to have the temporary peace order reinstated if the Kimberlin trial is delayed a month or more.

The normal flow of motions in the Circuit Court would bring Kimberlin’s motion, my response, my motion, and any response he filed before a judge on last Monday, 13 May. The judge found technical deficiencies in both of our filings and left the case scheduled for today.

Since filing those papers on my own, I have hired Zoa Barnes to represent me in both of the Kimberlin and Schmalfeldt peace order appeals. A couple of days ago, I received service on a Motion to Strike from Tae Kim, the lawyer who had handled the cases for Schmalfeldt and Kimberlin in the District Court, saying that he had been let go as Kimberlin’s lawyer and asking to be removed from the case. Kimberlin had decided to proceed pro se. Kimberlin filed a Motion to Dismiss based on the same theory that Kim had used to get him off in District Court.

A subpoena duces tecum was served on Bill Schmalfeldt ordering him to attend the hearing as a witness and to produce certain documents related to the case against Kimberlin. Kimberlin was served with a subpoena duces tecum for related documents as well. The hearing was scheduled for the Historic Courthouse in Westminster, Maryland, which is an old (1838) building with lots of stairs and no elevators. At my lawyer request, the case was moved from the main courtroom upstairs to a small courtroom on the main floor in order to accommodate Schmalfeldt’s disability. He didn’t bother to show up.

The hearing was before Judge Stansfield. He announced that he was deferring a ruling on the Motion to Dismiss until after he heard the evidence. I was the only witness. On direct examination, I testified to my qualifications to do forensic analysis, on the tweets that I had received from BreitbartUnmask and their annoying and alarming nature, and on results of the forensic analysis of data contained in the tweets and a certain blog post that tied the BreitbartUnmask identity to Brett Kimberlin.

On cross examination, Kimberlin asked a series of mostly non-germane questions. (For example, he wanted me to identify the person who blogs as Kimberlin Unmasked. For the record, I don’t know who that is.) He asked why I believed he was BreitbartUnmask and I explained a bit of the process.

And the Petitioner rested.

Before Kimberlin could offer any testimony, my lawyer pointed out that he was a convicted perjurer. She reminded the judge of MD Courts & Judicial Proc. §9-104:

A person convicted of perjury may not testify.

The look on Brett Kimberlin’s face when he realized that the judge wasn’t going let him testify and that there were no other witnesses he could question to get evidence into the record … priceless!

Kimberlin ranted for a while about how this was a clear violation of his First Amendment rights, yada, yada, yada, … (Ah, no. The Fifth Amendment is the one about due process.) Then the judge asked if he had any other witnesses. Since there were none, the case proceeded to closing arguments.

My lawyer did an effective summation of the facts and the law. We asked for a show-cause order against Schmalfeldt for his noncompliance with our subpoena. Kimberlin delivered another rant about his First Amendment rights and how he’s not the harasser. He’s the one being dragged into court by people like Aaron Walker and Walker’s surrogates like me.

The judge took the case under advisement. He will deliver a written ruling. I look forward to it.

So that, Gentle Reader, is a bit of my side of this story, but only a bit. It’s as much as I can tell you for now.

Stay tuned.

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During July and August of 2013, I was able to conduct interviews with Brett Kimberlin’s wife Tetyana. She stated that she had been one of the five people present with Kimberlin during BlogBash. The other four were Brett Kimberlin, Craig Gillette, and Mrs. Kimberlin’s two daughters. She said that she took several pictures using Brett Kimberlin’s iPhone that were published on Breitbart Unmasked. Forensic data tends to support that those pictures were taken with the same iPhone Kimberlin used to photograph Mrs. Walker during the stalking incident at the Howard County Courthouse a few days before BlogBash. Thus, there is an eyewitness to Kimberlin’s presence at BlogBash and evidence tying his phone to pictures published at Breitbart Unmasked.

Finally, the time stamps on the BU tweets sent during BlogBash show that some of them were made while Craig Gillette had his hands full (literally) taking pictures on the sidewalk outside the BlogBash venue. There’s no way Gillette could have sent the tweets, Mrs. Kimberlin says she was tending her children, so that leaves Brett Kimberlin as the person who could have sent some of the @BreitbartUnmask tweets from BlogBash. It seems Kimberlin lied when he said he never used that account.

The Maryland law preventing testimony from convicted perjurers has been repealed. However, a previous conviction for perjury can be brought to the court’s attention as a part of impeaching a witness’ credibility. So can subsequent false statements. Brett Kimberlin should expect to have a rough time if he’s ever on the witness stand again.

UPDATE—This blog was a hobby until I retired (for the first time) in July, 2013. At the time the post above was written, I hadn’t been paid for any of my blogging. Now, this is a for-profit operation. Please feel free to hit the Tip Jar or buy something at The Hogewash Store.

Team Kimberlin Post of the Day


One of the running gags in the pointage, laughery, and mockification of Team Kimberlin’s lawfare has been the assumption that they have been buying their legal advice from the same Acme that sells all those wonderful gadgets to a certain coyote. Whether that true or not, it’s a plausible explanation for their mind-boggling misunderstand of legal principles. This post called Hoge Logic Explained first ran six years ago today and takes a poke at Bill Schmalfeldt’s inability to comprehend why send a message via Twitter is a violation of a no-contact order.

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DBR201312061621ZYep. That’s it. And it’s the same logic that makes my AT&T ring my iPhone if you dial my number. It’s the same logic that makes the U. S. Postal Service deliver mail to my mailbox if you put my address on the envelope. It’s the same logic that makes the Internet route email to my account if you use my email address. It’s the same logic that makes …

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There’s a reason why the Twitter account the Cabin Boy™ was using was referred to as Derp Brain Radio.

Team Kimberlin Post of the Day


One of the reasons that I (sort of) jokingly refer to Team Kimberlin getting their legal advice from the same outfit that sells stuff to Wile E. Coyote is that the theories they advance are usually as harebrained and effective as all those fine Acme products. Six years ago, I became the first of several individuals to hold Bill Schmalfeldt accountable for his online harassment, and he spent most of 2013 trying to figure out how to get that first peace order issued against him set aside. This Prevarication Du Jour from six years ago today dealt with one of his failed approaches.

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ftrrnews201310092359ZDoes Eugene Volokh agree with Bill Schmalfeldt’s interpretation of U. S. v. Cassidy? Well, it’s certainly true that Prof. Volokh agrees that writing about someone on the Internet is protected speech. But how about writing to someone? I’ll let the good professor speak for himself. Here’s what he had to say when writing about the patently unconstitutional peace order Brett Kimberlin secured against Aaron Walker last year, an order that forbade Mr. Walker from writing about Kimberlin—

The old narrow restrictions might well be constitutional (see, e.g., Rowan v. U.S. Post Office Department), but precisely because they deal with essentially one-to-one speech — restricting such unwanted speech to an unwilling listener leaves the speaker free to keep talking to other, potentially willing listeners.

Of course, it is just that sort of one-to-one speech that the Cabin Boy engaged in after being asked to stop which violated Maryland’s harassment law. Prof. Volokh also notes that

[p]erhaps a specific statute that bars the deliberate sending of one-to-one messages to a person who has asked that the messages stop, or who would otherwise clearly be substantially distressed by the messages, might be constitutional.

So it looks as if Prof. Volokh might agree that old-fashioned harassment statutes apply to behavior on the Internet just as they do in the real world. Perhaps the Cabin Boy should ask Eugene Volokh to file an amicus brief.

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In fact, Eugene Volokh did wind up filing an amicus brief in one of the Kimberlin case. He filed it in support of Aaron Walker, and as I understand his brief, he agrees with the point of view I expressed in my post.

Team Kimberlin Post of the Day


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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frr201310041321Zpre·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:cease tweet

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— TK&3-805The 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.oub201302151837Z

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.

Sigh.

LAST MINUTE ADDITION—Schmalfeldt has begun to try to weasel his way out of this one.frr201310041514ZHe 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.

Uh huh.

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.

Team Kimberlin Post of the Day


One of the reasons for Team Kimberlin’s string of failure in the LOLsuits they brought to try to suppress the free speech rights of their critics is their ineptitude in court. Yesterday’s TKPOTD dealt with one example of that. However, their inability to present a coherent case to a judge or jury shouldn’t be a surprise to anyone who has experienced their incompetence presenting their stories on the Internet. Consider the TKPOTD from six years ago today.

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BS201308311448ZjudgestansfieldAs the Gentle Reader can see in the tweet above, Sore Loserman Bill Schmalfeldt has been posting his complaints about a “bowtie [sic] wearing” conservative judge who ruled against him. Judge Thomas F. Stansfield of the Circuit Court of Maryland for Carroll County does often wear bow ties.

Here we have another example of Schmalfeldt’s careful, in-depth research.

Judge TitusThe Cabin Boy’s beloved U. S. v. Cassidy opinion was written by Judge Roger W. Titus (photo at left). Judge Titus was nominated by President Bush in June, 2003.

Of course, it is not only conservative jurists who wear bow ties. For example, here is the Supreme Court’s official photo portrait of Justice John Paul Stevens.justicestevensI can’t understand how Schmalfeldt thinks his strategy of attempting to try his various motions and his appeal on the Internet is supposed to work. For example, I’d never let anything like the following Twitter exchange see the light of day if I wanted to stay on the good side of the judge deciding my case.

BU:BS201308311408Z

Zoa Barnes is my lawyer.

I also wouldn’t have posted anything like this on a blog:

Hoge’s lawyer mopped the floor with us. The Circuit Court Judge sat, making “smoochy-eyes” at Zoa as she YELLED at me like a 3rd Grade Teacher to an errant student. Oh, my lawyer tried to get the judge to hear about how US v. Cassidy had a direct impact, but (and I hope I’m recalling this correctly), Zoa objected to Cassidy as irrelevant and the Judge sustained. So using the LAW as it applied in our case was out the door.

BTW, my recollection of the trial as refreshed by the audio transcript is that Ms. Barnes never raised her voice to Schmalfeldt and that she did not object to the Cabin Boy’s lawyer bringing up Cassidy. Indeed, she expected it to be raised and, when Schmalfeldt’s lawyer didn’t have a copy of the case for the court, she provided one for Judge Stansfield along with a clear explanation of why Cassidy had no application in Hoge v. Schmalfeldt. Judge Stansfield agreed.

It really seems that Schmalfeldt is making it up as he goes along and hoping someone important will believe his story. That won’t cut it when confronted in court by rules of evidence and the court’s procedural rules.

Acme Law at it’s finest!

UPDATE—I agree with The Doctor in the Comments—bow ties are cool.bowtie_me

UPDATE 2—Here’s a picture of Chief Judge (retired) of the Maryland Court of Appeal Robert M. Bell.RobertMBell

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I’ve thought highly of Judge Stansfield’s judicial temperament since I observed his reaction to seeing a copy of those tweets by BU and the Cabin Boy™ in the evidence before him during the December, 2013, hearing on renewing the first peace order issued against Schmalfeldt. When he got the page with those tweets, his only reaction was raised eyebrows and a brief nod of his head.

I don’t think the Cabin Boy’s™ tweet helped his case.

Team Kimberlin Post of the Day


Essentially all of Team Kimberlin’s attempts to use lawfare to punish their enemies have backfired since the beginning of 2012. However, some of the pushback against them have been successful. One of the earliest successes was the granting of a peace order against Bill Schmalfeldt as a result of his online harassment of me. That success led to yet another failure of Team Kimberlin’s lawfare. Rather than quietly accept his lose in court, Bill Schmalfeldt appealed that first peace order. Six years ago today, I ran this post titled #BillSchmalfeldt Thinks He’s Appealing.

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The question to be decided is whether or not the Maryland Court of Appeals will agree.

I received a Notice of Appeal from Bill Schmalfeldt in the Hoge v. Schmalfeldt peace order case.  I note that it was sent by Schmalfeldt himself and not a lawyer, so I suppose that means that he is proceeding pro se. I will be interested to see how well he does drafting his Petition for Writ of Certiorari to the Court of Appeals. My lawyer will, of course, be filing a Response, and we’ll see if the Court takes the case.

I doubt that Schmalfeldt has any real grounds for appeal. OTOH, the Court of Appeals might take the case in order to specifically clarify that electronic harassment is covered by the peace order statute.

Meanwhile, the Circuit Court’s order remains in effect.

UPDATE—Assuming the Court of Appeals takes the case, by the time certiorari is granted, briefs filed, and oral arguments heard, the Peace Order may have expired—making the case moot.

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As the Gentle Reader who has been following The Saga of Team Kimberlin for a while may remember, Schmalfeldt failed to obey that peace order. As a result, it was extended, so it was in force longe enough for the Court of Appeals to reject his appeal—not for mootness but for lack of merit.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back five years at The Dreadful Pro-Se Schmalfeldt’s appeal of the extension of the first peace order issued against him. Today, we look back the following day’s TKPOTD.

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It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

* * * * *

Speaking of res judicata, The Hogewash Store has lots of mugs, t-shirts, and other tchotchkes available with the Res Judicata logo. There’s also junk branded Murum Aries Attigit, and Johnny Atsign. If you stop by, spend some money, and support this blog, I’ll be thankful.

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.

* * * * *

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.

* * * * *

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

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Today is the fifth anniversary of the hearing which resulted in the extension of the first peace order issued against Bill Schmalfeldt. I have many pleasant memories of that hearing, but my favorite was of being the witness stand while the judge had interrupted the Cabin Boy’s™ questioning of me in order to explain yet another point of law that Schmalfeldt misunderstood—and looking past him into the gallery to see The Dread Deadbeat Prius-Driver Brett Kimberlin (who had driven the Cabin Boy™ to court) chuckling over Schmalfeldt’s stupidity.

I suspect my memories of the day are more pleasant that Schmalfeldt’s.

Team Kimberlin Post of the Day


I have occasionally observed that the members of Team Kimberlin have delusions of adequacy, but that’s not the only delusional behavior. Five years ago today, I poked fun at one of Bill Schmalfeldt’s attempts at chest-thumping as he prepared to defeat my petition for extension of the first peace order issued against him. The post was titled #BillSchmalfeldt and Bluto.

* * * * *

What kind of self-image does Bill Schmalfeldt have?

A reader sent me a link to a tweet with a YouTube video that the Cabin Boy posted this morning. The theme of the video is the lopsided defeat of one football team by another which I guess is supposed to symbolize the thrashing he imagines he will give me in court on 9 December. He’s used scenes lifted from an old Popeye cartoon.

popeye-canIn that cartoon, Bluto’s team is a bunch of large thugs who start out winning by brute force and violating the rules. Does Bill Schmalfeldt really self-identify with Bluto?

One more thing … the Cabin Boy’s little video doesn’t show you what happens after Popeye has his spinach and who really wins in the end.

UPDATE—Final Scorepopeye v bluto

* * * * *

On second thought, the Cabin Boy™ was thoroughly defeated at the court hearing on my petition and his subsequent attempt to have me charged with perjury went nowhere. So like Bluto, he’s a bully and a loser.

And I like spinach.

Team Kimberlin Post of the Day


Bullies always whine when they are confronted. They don’t think it’s fair when you hit them back, and indeed, Bill Schmalfeldt was very cross when a court held him accountable for his harassment of me and ordered him to stop. This post called A Snapshot of My Twitter Mentions from five years ago today dealt with some of his whining about that first peace order.

* * * * *

I’m told that Bill Schmalfeldt is now claiming that I’m crazy because he thinks I follow his every word. I don’t, but I do see all of the tweets he sends me. (Click the image to embiggen it.)@wjjhoge_Mentions201311111420Z@WMSBroadcasting is one of Schmalfeldt’s Twitter accounts.

The Cabin Boy seems to think that I’m under some obligation to block him on Twitter. He has things backwards. The peace order issued against him says that he is supposed to avoid contacting me. If that isn’t convenient for him, too bad.

OTOH, I am free to look at his writing, and I occasionally do. The Cabin Boy sometimes writes things in which I have a legitimate interest. For example, Schmalfeldt’s rantings have been a source of leads for the legal team supporting the defendants in the various vexatious lawsuits filed by Brett Kimberlin.

Meanwhile, the adjudicated and confessed harasser keeps flouting that peace order.

UPDATE—Confessed harasser? Yep. He confessed. He posted this email on Twitter last August.BSemail2SAO

* * * * *

As can be seen in the BCC line of that email, the Cabin Boy™ isn’t too sharp on OPSEC either. That gave away … well … let’s just say there were folks who found useful information in that email address.

Team Kimberlin Post of the Day


Bill Schmalfeldt tries to pass himself off as a journalist. Back in 2013, he joined the Society of Professional Journalists, apparently in an attempt bolster his claim in his appeal of the first peace order issued against that he really, truly was a working journalist and that the mean, nasty peace order infringed his First Amendment rights. Of course, his bragging about being a member of that society prompted some pointage, laughery, and mockification, beginning with this post about Professionalism from five years ago today.

* * * * *

Bill Schmalfeldt is bragging that he’s now a member of the Society of Professional Journalists. I presume that means that he went to our website, ticked the right boxes on the online form, and paid his $75 dues.

In a few years, his dues will be cut in half to the rate I pay as an “Over 62 Retired Member.”spj_memberYawn.

UPDATE—Apparently, the Cabin Boy has his panties in a knot because I’m a member of SPJ.frr201309262355ZA [redacted] fraud? Oh, come now! I presume that we were both are currently qualified for membership under the same standards, and I’m at a loss to understand why the date I joined (or rejoined, as the case may be) is of any relevance to qualification for membership. Basically, anyone who will say that he spends half-time or more doing something related to “journalism,” who is retired from doing such work, or who is studying to do such work and who pays the appropriate dues may be a member. There’s no background check or letters of recommendation required.

I was a working journalist doing broadcast news before Bill Schmalfeldt got to high school. I’m doing it again (part time) as a blogger. In between, I’ve had a career as a soldier, an engineer, and a businessman.

The Cabin Boy did get one thing right.frr201309262355aZThere’s no way I’d waste good money just to pull his chain.

* * * * *

One of the reasons that Team Kimberlin’s various schemes fail is that the lies they tell to support them are so transparent. Later in the day, five years ago today, I wound up posting about the Forgery the Cabin Boy™ published to try to keep his whining narrative alive.

* * * * *

Bill Schmalfeldt has tweeted this concerning my membership in the Society of Professional Journalists …frr201309270006Z… and included this image with his tweet.

BVIMC1jCUAEkKMOHis image has some interesting properties. For example, it’s exactly the same dimension (450 X 572 pixels) as this image I published.spj_memberThere are also some differences. Take a look at the Join Date shown on the Cabin Boy’s version. Now, look at the redaction bar for the same information in mine. The reason the bar is so long on mine is that the date and time were shown when I screen capped the information. If Schmalfeldt had removed the redaction bar from mine, the time stamp should be visible.

Also, the numbers shown for the Join Date on the Cabin Boy’s version are slightly larger than those shown on the Birth Date line. It’s almost is if someone pasted a large white rectangle over my redaction bar and then typed in a date with almost, but not quite, the right size font.

BTW, no one would have access to the my membership maintenance page without my username and password. That’s one of the reasons why the last part of my username is obscured.

Hmmmmm.

UPDATE—One commenter asks why the Join Date isn’t in a box. It isn’t a changeable item on the form so it doesn’t have a data entry box.

Speaking of boxes, here are the Birth Date and Join Date from the Cabin Boy’s version with the small box superimposed around them. Note that the slash marks for the Birth Date do not extend the full height of the box, but those for the Join Date do. Close inspection will also show that the numerals are of different height as well.dates_spj
UPDATE 2—The Gentle Reader will kindly note that I have not said that the Cabin Boy made any representation that the image he posted was of my actual information. I very carefully quoted him by reproducing his tweet. Still, the question remains—is what he posted a forgery?

UPDATE 3—The Cabin Boy says that his personal blog posts and tweets aren’t “journalism.” That’s probably what he thinks is the loophole that gets around this part of the Society of Professional Journalists Code of Ethics with respect to that modified image:

Journalists should: … Never distort the content of news photos or video.

* * * * *

None of this did anything to help the Cabin Boy’s™ appeal. The Court of Appeals denied his petition, and the Circuit Court denied his motion to amend the order and eventually renewed it for an additional six months. It was a completely wasted effort—except as a source of pointage, laughery, and mockification.

Dealing with the Cabin Boy™ has often been a battle of wits with an unarmed man.

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.

* * * * ** * * * *

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


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

* * * * *

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?

* * * * *

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.

An Anniversary


It was five years ago today that the first peace order was issued against Bill Schmalfeldt. He’s racked up a dozen or so since then.

Here’s the story of what he did to earn that first one.

* * * * *

As those of you who have been following the Saga of The Dread Pirate Kimberlin and Team Kimberlin will remember, Cabin Boy Bill Schmalfeldt spent months harassing Lee Stranahan and his family with disgustingly crude filth, including incessant and impertinent questions regarding the death of a child during childbirth. On Monday, 11 February, Lee came to Maryland from Texas to file a harassment charge against Schmalfeldt. I picked Lee up at BWI airport, took him to dinner, took him to the District Court Commissioner’s Office, put him up for the night at my house, and dropped him back at the airport on Tuesday morning. BWI is just off of one of the routes I take to work.

On 14 February, I received 40 tweets in less than one hour from @BreitbartUnmask ranting about Lee Stanahan, Aaron Walker, and me. Just after midnight on 15 February, I posted a notice on this blog and on Twitter addressed to @OldUncleBastard, @BreitbartUnmask, and @OccupyRebellion demanding that they stop communicating directly with me. Note: The date/time stamps on the tweets in this post are in GMT; I’ll convert important ones to Eastern Time for clarity.cease tweet

Later that day, Schmalfeldt sent a tweet via his @OldUncleBastard identity referencing my demand. He was clearly on notice.

OldUncleBastard @Xcitizen10 @BreitbartUnmask A commentator on @wjjhoge’s blog post http://t.co/uZkIc4lA explains what the right wing mafia cabal wants.
6:37 PM Feb 15th from web

Click on that link yourself and see. The time stamp on the tweet converts to 1:37 pm Eastern Time.

He continued to send tweets to my @wjjhoge account. Between the tweet cited above and around 7:27 pm on 18 February, 2013, Schmalfeldt sent 11 more tweets to @wjjhoge. Because of this continued messaging following my demand to cease as well as other matters, I filed an Application for Statement of Charges on 18 February, 2013. Schmalfeldt was charged with both Harassment under §3-803 and Misuse of Electronic Communication under §3-805. Even though he was on notice and had had criminal harassment charges filed, Schmalfeldt kept sending me tweets and addressed a blog post to me—not a post about me, one addressed to me.

At midday on 18 February, 2013, during his Internet radio broadcast, Schmalfeldt made the following threat at around 1:02:40 into the program:

It’s all horseshit. It’s all absolute horseshit. And I and my family have been put through pain and suffering because Lee Stranahan has a grudge. Because somebody, in my opinion, is paying Lee Stranahan to file these charges against me, in the hopes that I will either break or die.  I got some fucking news for you, Stranny [pause] Walker, Hoggy, Frey [pause] and Frey [pause] beware the Ides of March.

Here is an mp3 file of the threat.

If Schmalfeldt were not associated with Team Kimberlin, I would have taken that threat as empty bloviating. But, given his connection to Kimberlin, the persons threatened, and our upcoming schedules, we all took the threat seriously. You see, the Ides of March fell during the Conservative Political Action Conference this year, and three of the persons threatened planned to be at CPAC and to attend BlogBash. BlogBash is a blogger party/awards ceremony that is loosely associated with other events, one of which is the CPAC. As it turned out, there were additional threats made to BlogBash which caused the PG County Police to beef up security around the event. So I was not the only person to take such a threat seriously.

After he was charged on the 18th, he sent an additional 31 tweets. This the last of those tweets, time stamped at 8:17 am ET, Schmalfeldt sent out prior to being served with the peace order:

LiberalGrouch I wonder what @wjjhoge got by way of payment. Something to comb out the poop flakes from his beard? Hah. I kid. I’m a kidder. I kid that way.
1:17 PM Feb 17th from web

Aside from the juvenile attempt at potty humor, this tweet implies that I have been lying about being paid to blog or making money off donations or that I’ve been helping my friends Lee Stranahan and Aaron Walker from any motivation other than friendship. Let me state this very clearly: Until I recently set up a tip jar after my retirement from working full-time, I had never been paid to write anything on this or any other blog. Even today, I have never received any donation or benefit from any of the bloggers or organizations I have promoted on this or any other blog. This blog is a hobby and an expensive one. I have personally borne all of the expense associated with it, including legal costs. I’ve been able to do this because, until the end of May, I have had an above average income working in a very senior engineering position. I’m getting old and have now retired from full-time work. I’ve put up a PayPal tip jar and and Amazon Associate’s link. In the first two weeks, I’ve earned almost as much money as I net from 0.2 hour of part-time work at my current billing rate. If I’m lucky, I may earn enough to keep up with the web hosting expenses for this site.

On 19 February, 2013, the Breitbart Unmasked website published a post with Schmalfeldt’s Liberal Grouch byline. This was not a post about me. It was a post addressed to me. The about versus to is an important distinction. Bill Schmalfeldt, or anyone else for that matter, has a First Amendment right to write and speak about me (assuming he can stay with in the bounds of defamation or illegal threats), but he has no right to speak to me. I have a right to be left alone. The headline addressed the post to me by name:

Stranahan. McCain. Akbar. Worthing. Hoge. Frey. THIS IS ON YOU!

The post contains the following:

Will it make you feel more like a man instead of some crawling thing, Hoge?

and

Hoge. You are filth. You add nothing to the world. You are a stain. You know it. I know it. And that is why I must be killed.

Neither I nor, so far as I know, any of the others addressed in that post have ever threatened Bill Schmalfeldt.

Because these annoying and alarming communications directed to me continued after I had demanded that they stop, continued after the demand was tacitly acknowledged, and even continued after I had filed a harassment charge, I filed for a peace order on 21 February, 2013, and a temporary order was granted by Judge Rasinsky. According to the report from the Howard County Sheriff’s Office (as reported to me by the Carroll County Sheriff’s Office), Schmalfeldt was served at approximately 9:15 am on 22 February, 2013. At or around 9:17 am on that date, he sent the following tweet:

LiberalGrouch A person who I will refer to by the pseudonym “Hoggy” has served me with a Peace Order. Two very nice Sheriff’s deputies just dropped by.

During the hearing for the permanent peace order on 28 February, 2013, Schmalfeldt authenticated all of the tweets, blog post material, and audio presented to the Court. However, Judge Rasinsky did not understand that Schmalfeldt had sent a tweet that acknowledged the notice to cease and desist, and Schmalfeldt lied, saying that he had received no notice. Lacking notice, Judge Rasinsky did not issue the permanent order, but he put Schmalfeldt on notice to stop:

The warning I want to give you is very specific, and it’s not an unusual warning for me to give. The battle line is drawn. He doesn’t want to hear from you, and that means no specific things addressed to him. If I was convinced that you had been put on notice and there were a course of conduct specifically addressed to him, I believe that that is something in the ordinary context of events that this statute would cover. Ah, I didn’t write the statute, but it’s constitutional up to this point, and it can circumscribe various freedoms that you might, in fact, have. Plus, it can also subject you ultimately, as it already has, to a criminal case where you may or may not win, I don’t know, [inaudible] look at the criminal case. I have it here. [inaudible] You’ve got to ask yourself, “Is it worth it?” You may conclude that it is. Some people, ah, are willing to go to jail for their beliefs, but I see that as a risk in this, ah, ongoing exploration of Internet First Amendment rights. Just a thought to share with you. I’m not going to grant the Peace Order for the reason I stated, but you are on notice, and hopefully, ah, you’ll abide by the conditions that Mr. Hoge has imposed in terms of your contact with him, and, ah, continue your debate in a peaceful, civil, and legal manner.

While I was exiting the courtroom after the hearing, I overheard a very loud conversation between Tae Kim (Schmalfeldt’s counsel), Bill Schmalfeldt, and Brett Kimberlim informing them that they had been lucky that day but could expect to go to jail if they kept up the harassment. This conversation was also overheard by two other witness.

Judge Rasinsky explicitly rejected Schmalfeldt’s contention that as a journalist he has a right to continue to “ask questions” of someone after being told to cease and desist. However, in another peace order hearing in Howard County (Walker v. Schmalfeldt), Judge Zwaig ruled, in what seem to be an odd extension of New York Times v. Sullivan, that Aaron Walker was enough of a public figure that he had to put up with Schmalfeldt’s harassment. In both cases, Schmalfeldt’s lawyer argued that he was a journalist entitled to some sort of special protection.

During early March, Schmalfeldt had continued communicating with me in spite of Judge Rasinsky’s warning. I filed for a second Peace Order. At the final hearing on 25 March, 2013, Judge Ellinghaus-Jones ruled that because the communications were electronic, she could not issue a peace order. After beating that peace order, Schmalfeldt, believing that he could do whatever he pleases, kept up tweeting. During that hearing, Mr. Kim argued the neither his client nor I were journalist but that we were a couple of old cranks having a shouting match on the Internet.

So as of the end of March, Bill Schmalfeldt was able to brag that he had beaten three peace orders. Once by lying and twice by alternately claim that he was or wasn’t a journalist. In mid April, the Carroll County States Attorney’s Office decided not to prosecute any of the charges filed against Scmalfeldt that were related to the peace orders, their reason being that if I couldn’t convince a District Court judge to a clear and convincing standard, they wouldn’t convince the same judge beyond reasonable doubt. The State’s Attorney’s Office did tell me that the charges could be refiled if I were to win a peace order on appeal.

Because I believed that I had air-tight documentation to refute the lie about not being on notice, I appealed the first peace order to the Circuit Court. During the District Court hearings, I had represented myself. I hired a lawyer (Zoa Barnes) to handle the appeal. As part of that appeal, she subpoenaed documents that might be shed light on Schmalfeldt’s motivation to harass me. His lawyer filed a Motion to Quash the subpoenas. The Gentle Reader who has been following this saga may remember that Schmalfeldt was subpoenaed for documents and as a witness for the Hoge v. Kimberlin peace order appeal in May and that he didn’t bother to provide the documents or show up to the hearing. Mr. Kim also filed a Motion to Dismiss based on the same electronic-harassment-isn’t-covered argument that worked in the District Court.

It didn’t work with Judge Stansfield today, and he quickly threw out the Motion to Dismiss. Rather than argue the Motion to Quash, my lawyer asked if Schmalfeldt had brought the subpoenaed document. He hadn’t, so the judge ruled the motion moot, and the hearing began.

After opening statements by the lawyers, I took the stand and outlined for the judge (with greater detail) the facts you’ve just read. On cross examination, Mr. Kim tried to make the case about my “wanting to get” Brett Kimberlin. I replied that the case was based on Bill Schmalfeldt’s behavior toward me. And the petitioner rested.

Bill Schmalfeldt took the stand on his own behalf. He misrepresented Twitter’s Rules and Best Practices about the use of @Replies, but my lawyer had already introduced Twitter’s actual rule into evidence, so the judge was not misled.

During his closing argument, Kim brought up a federal case, U. S. v. Cassidy, that he tried to use a precedent for a First Amendment defense of Schmalfeldt. As Ms. Barnes pointed out, that case was not gemane; it deals with whether Internet harassment is covered under the Violence Against Women Act.

Judge Stansfield ruled in my favor. He found that Bill Schmalfeldt engaged in a continuing pattern of conduct to harass or annoy me, that he continued to do so after being told to stop, and that he did so without any lawful purpose. He also found that Bill Schmalfeldt was likely to continue that behavior and, on that basis, he issued a peace order.

What does that mean?

First, Bill Schmalfeldt has been adjudicated as a harasser.

Second, if he doesn’t leave me alone for the next six months, he can be charged with a crime.

What does it not mean?

It doesn’t mean that the First Amendment is trouble, at least not because of this ruling. Bill Schmalfeldt is still free to write about me so long as he steers clear of threats or defamation. He simply needs to stop addressing me directly.

It does not mean that any Twitter user is in any jeopardy as long has he abides by Twitter’s Rules and Best Practices if he has been told to stop bothering someone else.

As I’m finishing this post, the Cabin Boy is frothing at the keyboard about how his loss in court may shutdown Twitter and end online journalism.

My final word is this—

Bullshit!

UPDATE—One more thing … Bill Schmalfeldt has written in the past of how the District Court judges dealt with me. I wish to state that much of what he wrote is categorically untrue. At all times while I was in their courtrooms, Judges Effinghaus-Jones and Green acted professionally and treated me with respect. Indeed, I was particularly impressed with Judge Green’s demeanor and the kindness he showed to everyone who appeared before him.

* * * * *

It’s been downhill for the Cabin Boy™ from there.

Team Kimberlin Post of the Day


Four years ago today, the first peace order against the Bill Schmalfeldt was renewed following a hearing in Carroll County Circuit Court. After the hearing, I posted about What I Saw in Court.

* * * * *

I was called to the stand by my lawyer Zoa Barnes, and we presented evidence of Bill Schmalfedlt’s violations of the existing peace order. The peace order requires that Schmalfeldt not contact, attempt to contact, or harass me. We presented evidence of over 470 times that he contacted me after the order was issued. We presented evidence of at least one attempt to contact me through third parties. We presented evidence of harassment in the form of three pornographic images Schmalfeldt created using my likeness. Even dealing with lots of objections, that only took about 20 minutes.

I spent the next hour on the stand being cross examined by Schmalfeldt. Most of that hour was taken up by his ranting rather than actually asking me questions. He tried to get the court to consider many of the legal theories he had offered before. The result is best summed up with the word res judicata. At one point Schmalfeldt asked me what I thought would happen if the the peace order were extended. I replied that I expected that he would continue to violate it until it was enforced.

When Schmalfeldt tried to bring up the Attorney General’s opinion letter, Judge Stansfield quoted a Court of Appeals decision back to him that said that the Attorney General’s opinion is just one lawyer’s opinion.

After my grilling on the stand, we rested my case, and the court took a brief recess. When we were called back, Schmalfeldt tried to make his case. He was sworn and offered some testimony.

During her closing argument, Zoa Barnes made the point that if the order were extended and Schmalfeldt were to violate it, we would be back with a motion for contempt seeking jail time.

Judge Stansfield granted the six-month extension of the peace order. In doing so, he found that the 470 tweets that I had received between noon on 16 October and last night were contact that I should not have received under the existing peace order. He also found that the pornographic images were harassment sufficient to permit the order to be extended.

That’s what happened today.

Oh, one more thing …

Brett Kimberlin drove Bill Schmalfeldt to the courthouse today. What appeared to be the same silver Toyota Highlander photographed at BlogBash was parked at the courthouse.

* * * * *

Recently, the Cabin Boy™ has claimed that he never posted pornographic images containing my likeness on the Internet. Judge Stansfield examined the images, found them to be pornographic, and ordered the evidence submitted at the hearing to be sealed.

Schmalfeldt was lying.

Team Kimberlin Post of the Day


One of the finest examples of the Dunning-Kruger Effect is the Cabin Boy’s™ estimation of his understanding of legal principles. This Prevarication Du Jour from four years ago today deals with his misunderstanding of the rather simple concepts behind Maryland’s harassment and peace order statutes.

* * * * *

Bill Schmalfeldt seems to think … no, that’s the wrong word … Bill Schmalfeldt seem to believe that I am under some obligation to block his various accounts on Twitter and other social media.WMSBroad201311150134ZSchmalfeldt is an adjudicated harasser who has had a peace order (see below) issued against him. It orders that he SHALL NOT contact (in person, by telephone, in writing, or by any other means), attempt to contact, or harass me. What does that mean?

Contact means any sort of interaction not just communication.

In person requires that he stay away from me. If, for example, he were shopping in a store and I walked in, he would be required to leave if necessary to avoid me. He is the one obligated to break contact.

By telephone means no phone calls. The Cabin Boy is supposed to refrain from calling me. I am under no obligation to change my phone numbers or leave my phone off the hook. Aside: the case law that makes each separate contact a separate violation stems from the case of a jerk who kept hitting the redial button on his phone, Triggs v. State, 852 A.2d 114 (2004).

In writing includes all forms of written communication. No notes slipped under the door. No mail. He not supposed to send me anything. I don’t have to stop my mail delivery or start using a blind post office box.

Any other means means just that. Contact via smoke signals, ham radio, semaphore flags, even Twitter and blog comments, are all prohibited. He is supposed to refrain from contacting me. I don’t have to change my email address. I don’t have to stay off the 20 meter amateur radio band. I don’t have to disable any functionality on my blog comment system. I don’t have to block him on Twitter.

The Cabin Boy is supposed to leave me alone. Moreover, he isn’t even supposed to try to contact me, and that includes getting someone else to deliver a message for him.

There are very few exceptions for such things as service of legal process and in-court communication.

Finally, he’s not supposed to harass me. That includes engaging in the sort of behavior which caused the peace order to be issued, i.e., continuing to contact me without a legal purpose after having been told to stop. Note that the judge explained to him that meant and that the Cabin Boy has chosen to ignore those instructions.

But the net is this—Bill Schmalfeldt’s criminal behavior resulted in a peace order. If he is inconvenienced by it, that’s his problem and not anyone else’s.

* * * * *

The Cabin Boy™ likes to claim that he’s only lost in court when lies have been told about him. In the case of the first peace order, he claimed that my lawyer lied by stating that @mentions on Twitter cause tweets to be delivered to the @mentioned account. Of course, that’s true. When he tried to appeal that peace order, he claimed that my lawyer lied by stating that there was not exceptions in the Americans With Disabilities Act which exempted Schmalfeldt from the harassment statute. Of course, that’s true too. In the case of the extension of that first peace order, he claimed that my lawyer lied by claiming that an image of two men engaging in anal sex with my face photoshopped onto one of them was pornographic. Of course, the image was pornographic, and the Cabin Boy™ bragged on Twitter about it being obscene.

I’ll leave to the Gentle Reader to form his own opinion about who is a liar.

Team Kimberlin Post of the Day


The Fourth Circuit Court of Appeals has given The Dread Deadbeat Pro-Se Kimberlin until close of business today to straighten out the paperwork related to his informal opening brief for the Kimberlin v. Frey RICO Remnant LOLsuit appeal. While we wait to see exactly how that case will join all the other failed Team Kimberlin LOLsuits and their appeals, here’s a post called Game Over! from four years ago today. It deals with the final disposition of the Cabin Boy’s™ appeal of the first peace order issued against him.

* * * * *

Res ipsa loquitor.

* * * * *

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


As I noted yesterday, The Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit is due to the Court of Appeals for the Fourth Circuit by close of business today. We’ll see if he makes it. While we wait, I’ve republished the series of posts from four years ago today that dealt with Bill Schmalfeldt’s motion to modify the first peace order issued against him. That running account of the Cabin Boy’s™ follies, beginning with the day’s TKPOTD, is below the fold. Continue reading

Team Kimberlin Post of the Day


Yesterday was a holiday, but today the courts should be back at work, so it’s possible that we’ll have some news in one of the Team-Kimberlin-related cases. While we wait, here’s another recycled post from four years ago. As time drew nearer to the hearing on the Cabin Boy’s™ motion to modify the first peace order against him, I published this post titled A Pattern Emerges.

* * * * *

1. Bill Schmalfeldt pontificates on some “fact” or matter of law.

2. Someone (Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, one of my other “lickspittles,” or me) documents what really happened or what the law really says.

3. Bill Schmalfeldt snarkily responds without contradicting the other person’s correction of the Cabin Boy’s errors.

4. Lather. Rinse. Repeat.

* * * * *

Plus ça change, plus c’est la même chose,

 

Team Kimberlin Post of the Day


Today is Columbus Day (Observed), and the courts will be taking a day off. That means we won’t be getting any further news concerning the Team-Kimberlin-related cases until tomorrow at the earliest. Yesterday, I republished a post about the silly claim the Cabin Boy™ made four years ago that he had found 24 instances of perjury in the answer my lawyer filed to his motion to amend the first peace order issued against him. 24 Part Deux was the followup post from four years ago today.

* * * * *

Bill Schmalfeldt has been frothing at the keyboard about 24 instances of perjury in the Answer my lawyer filed to his Motion to Modify Peace Order. See if you can find them among the 13 sentences in the answer.

Here’s the Cabin Boy’s Motion in case you want to crosscheck items.

I can’t find the perjury either.

* * * * *

Of course, the Cabin Boy’s™ motion was denied.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Here’s another recycled post for the Gentle Reader to savor as we wait for news of the pending court cases related to Team Kimberlin. This one, originally posted under the title 24, is from four years ago today. It deals with the Cabin Boy’s™ bluster concerning the then upcoming hearing on his motion to modify the first peace order issued against him.

* * * * *

Bill Schmalfeldt says that he has found 24 instances of perjury in the Answer my lawyer filed to his Motion to Modify Peace Order and that he is looking forward to getting me on the stand during the upcoming hearing on his motion. I’ve been scratching my head and trying to find anything erroneous in the answer. Certainly, there’s no perjury. But if the Cabin Boy wants to come up to Westminster and talk about it in front of the judge on the 16th, that’s his right.

For my part, I promise to look him in the eye and to try not to laugh as he makes my case for me.

* * * * *

If the Cabin Boy™ really believed that he had caught me lying to the court, he should have grilled me on the stand about it, during the hearing, he never asked me any questions related to the opposition my lawyer filed to his motion. Nothing. Nada. Zip.

BTW, his motion was denied, and I just barely managed to keep my promise not to laugh at him in front of the judge.

Team Kimberlin Post of the Day


And we’re still waiting for news in several of the Team-Kimberlin-related court cases. While reviewing material to recycle during the time we’re in this holding pattern, I been enjoying rereading some of Bill Schmalfeldt’s comically inept tweets about the dozen-plus failed LOLsuits that he and The Dread Pro-Se Kimberlin have filed.

On October 15, 2013, TDPK filed his first RICO Madness LOLsuit. The next day, the Cabin Boy™ tweeted this—@BomberSues was the Twitter account for the website setup to collect donations to defray the cost of TDPK’s LOLsuits against bloggers. There never was a RICO “charge.” There was a Racketeering Influenced and Corrupt Organization civil claim in the RICO Madness LOLsuit, but no criminal charge was ever filed as a result of the LOLsuit. And the RICO Madness LOLsuit had no significant effect on the Kimberlin v. Walker, et al. nuisance LOLsuit filed in state court. The pro bono lawyer defending my codefendants and me stuck by us to the end of that suit and through TDPK’s appeal. Further, he successfully defended me pro bono in the subsequent RICO Retread LOLsuit TDPK filed in state court after his first federal RICO suit was dismissed, and successfully represented me in the RICO Retread appeal.

The Cabin Boy™ appealed the first peace order issued against him to the Maryland Court of Appeals. The court refused to hear his appeal. He sought to have the peace order modified. The Circuit Court denied his motion.

As usual, Schmalfeldt got it wrong. First, I dream of a world where I don’t have to sue anyone. Second, I don’t pull the wings off of flies. I zap ’em with one of these.Click on the image to buy one from Amazon.

Team Kimberlin Post of the Day


There’s still no news in any of the pending Team Kimberlin LOLsuits, so here’s another recycled post. This Bonus Prevarication Du Jour is from four years ago today.

* * * * *

Bill Schmalfeldt now seems to think that he can “prove” that he was never put on notice to stop contacting me. (H/T, @kylekiernan) (H/T, Bill Schmalfeldt, who sent me a link to his post at teamschmalfeldt dot com)

The Circuit Court looked at the evidence presented, including Schmalfeldt’s admission that he was the user of the @oldunclebastard account, and determined that he was on notice. Now he’s trying to claim that the link in his tweet doesn’t connect to my blog post.ffr201310041642Z

Bullshit!

Gentle Reader, click on the link and see for yourself: http://t.co/uZkIc4lA

Does he really think that no one would fact check such a claim?

* * * * *

If the Gentle Reader clicks on the link to Kyle Kiernan’s tweet, he will find that it is still available. All of the Cabin Boy’s™ tweets from 2013 were memory-holed long ago.

Team Kimberlin Post of the Day


While we’re waiting for further news in the ongoing Team Kimberlin court cases, I’ve been reposting interesting items from the past. The following ran as the TKPOTD four years ago today. It deals with the Cabin Boy’s™ attempt to wriggle out of the first peace order issued against him—

* * * * *

Bill Schmalfeldt has been whining over the past few days about the terse filings my lawyer Zoa Barnes has made in answer to his motion to stay the peace order issued against him pending appeal and his petition for a writ of certiorari to the Court of Appeals. This isn’t surprising behavior from a pro se litigant who is apparently being advised by a jailhouse lawyer.

All that is required in those answers are denials of the “facts” or interpretations of law that the Cabin Boy offered.

If the Court of Appeals takes the case and, given the shakiness of Schmalfeldt’s arguments, my lawyer and I consider that a pretty big if, the Court may ask for briefs. In the normal course of events mine would be filed in response to the Cabin Boy’s and then he would have an opportunity to file one more brief before the Court heard oral arguments. If briefs are called for, mine will be filed as the Court directs. Until then, I don’t plan to give Schmalfeldt any further information that might be used to his advantage.

Also, the Circuit Court will soon hold a hearing on Schmalfeldt’s motion to modify the peace order. Ms. Barnes will present our side of the case at that hearing, and I don’t plan to comment any further about it other than to say that I believe we will prevail in that hearing. Why would I tip the Cabin Boy off to our arguments so that he can be better prepared against me?

Until the two courts take their decisions, I do not wish to discuss the merits of the cases beyond saying that I expect to win.

Stay tuned.

* * * * *

Everything proceeded as I foresaw.