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.