Team Kimberlin Post of the Day


One of the ways that Team Kimberlin’s lawfare has backfired has related to restraining orders. The trigger for Everyone Blog About Brett Kimberlin Day, the event that focused attention on Kimberlin, was the unconstitutional peace order (that’s what they’re called in Maryland) he had issued against Aaron Walker in 2012. That order was overturned on appeal, and The Dread Deadbeat Pro-Se Kimberlin hasn’t had a successful peace order petition since then.

OTOH, Bill Schmalfeldt has collected a dozen or so restraining orders in multiple states since 2013. I was the first person to be able to hold him accountable for his harassment. Of course, he appealed that first peace order, and of course, it was upheld on appeal. And it was extended because of his failure to comply. This post, #BillSchmalfeldt, Ace Legal Scholar, from five years ago today dealt with one of the bogus legal theories the Cabin Boy™ thought would save him from that peace order.

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WMSBroad201311091607ZU.S. v. Sullivan? I wonder which of the U.S. v. Sullivan cases the Cabin Boy thinks is applicable to his situation.

In U.S. v. Sullivan, 274 U.S. 259 (1927), the Supreme Court ruled that profits from the sale of illegal liquor were subject to income tax.

U.S. v. Sullivan, 332 U.S. 689 (68 S.Ct. 331, 92 L.Ed. 297), deals with provisions of Federal Food, Drug, and Cosmetic Act of 1938.

I wonder if he’s going try to base his defense on being drunk or on drugs?

AFTERWORD—If the Cabin Boy meant New York Times Co. v. Sullivan, 376 U.S. 254 (1964), that deals with defamation, not harassment or failure to comply with a peace order. The appropriate Supreme Court case dealing with obeying court orders is most likely Walker v. City of Birmingham, 388 U.S. 307 (1967).

* * * * *

Ignorance will respond to education, but stupid is as stupid does.

Team Kimberlin Post of the Day


Five years ago, Bill Schmalfeldt was chaffing under the first of the many restraining orders lodged against him, the first of the peace orders granted to protect me. As spring was ending, the Circuit Court granted my appeal and issued the order, and the Cabin Boy™ filed an appeal with the Maryland Court of Special Appeals which was improper. Maryland has a four-tier court system. At the bottom are the District Courts which handle petty cases such as traffic tickets, simple misdemeanors, and small ciivil cases. And peace orders. There are no jury trials. Those are handled by the next level, the Circuit Courts. The Circuit Courts also hears the appeals of case originating in the District Courts. Maryland law grants a right to one appeal for all cases. The Court of Special Appeals exists to handle those as-a-matter-of-right appeals from the Circuit Courts. The guaranteed appeal of a case originating in a District Court is exhausted in the Circuit Court. Like the U. S. Supreme Court, the state’s highest court, The Court of Appeals, doesn’t have to take cases, except for a very few types where the State Constitution gives it original jurisdiction.

Because the Cabin Boy™ was proceeding pro se, the Court of Special Appeals didn’t simply reject Schmalfeldt’s improper appeal. Instead, they kicked it upstairs (literally, from the second floor to the third), converting it to a petition for a writ of certiorari to the Court of Special Appeals. The Cabin Boy™ claimed in his appeal that the peace order violated the Americans with Disabilities Act because Parkinson’s. He also filed a motion to amend the order with the Circuit Court citing … um … because Parkinson’s.

And because of his pro se skills, I was supposed to be facing the direst of dire direness. Five years ago today, I responded to one of his silly threats with this post about #Bill Schmalfeldt and Landmarks.

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HogeCemetryThe Cabin Boy has a scary post up over at Old Uncle Bastard (No, I won’t link to it.) titled Whistling Past His Own Graveyard. He advises me

Nothing to worry about, Hoge. Just keep telling yourself that. Nothing to worry about.

while posting a countdown clock for The End of the World (As They Know It). The clock times out at noon on Sunday, 15 September, so I guess I’ll have something special to pray about at church that morning.

In a typical example of his lazy, shoddy research practices, Schmalfeldt used some generic picture of a cemetery as the illustration of his post. If I’m supposed to be whistling past my graveyard, he should have used a picture of the Hoge Cemetery. It’s a landmark overlooking the Tennessee River just southwest of Jasper in Marion County, Tennessee. And it’s not that hard to find via Google. FWIW, the group of headstones in the upper right of the picture belongs to members of my immediate family. I have a spot reserved among them.

* * * * *

Nothing proceeded as the Cabin Boy™ had hallucinated.

And I misforesaw something as well. I had planned to move to my reserved spot in the Hoge Cemetery ahead of Mrs. Hoge.

Team Kimberlin Post of the Day


Four years ago today, we were about halfway through the term of the first peace order issued against the Cabin Boy™. One of the requirements of that order was that Schmalfeldt was to cease communicating with me. Of course, he disobeyed that order (that’s why it was extended), and one of the ways he did was to send pingbacks to the comment section of this blog.

The following was the TKPOTD for 18 September, 2013—

* * * * *

Bill Schmalfeldt says that I don’t understand how pingbacks work.TS201309171109ZI’ve always understood a pingback as a comment sent from one blogger to another to alert a blogger to a link to his blog, but I considered the possibility that I’ve misunderstood what pingbacks are. I’ve been receiving them and using them for a couple of years now, but I thought I’d check with WordPress support to verify my understanding.

Here’s what I found in the WordPress Introduction to Blogging

The best way to think about pingbacks is as remote comments:

• Person A posts something on his blog.

• Person B posts on her own blog, linking to Person A’s post. This automatically sends a pingback to Person A when both have pingback enabled blogs.

• Person A’s blog receives the pingback, then automatically goes to Person B’s post to confirm that the pingback did, in fact, originate there.

(Emphasis in the original.) So creating a link to a WordPress blog from another sends a comment to the linked blog. Creating such a link is one way of commenting on another’s blog. I receive such comment all the time from other bloggers.pingback1 pingback2

Unfortunately, pingbacks are an all-on or all-off function, so if I want to be able to receive them from legitimate bloggers, I have to leave the door open for all pingbacks. Since the middle of August, I’ve received over 80 pingback comments from Bill Schmalfeldt. They’ve been trapped by moderation, and I’ve never let one through.

The Cabin Boy claims that he isn’t generating the comments. He says WordPress is doing it. Really? Is WordPress creating the active links on his sites and blogs? WordPress is merely a conduit. A century ago, folks would have laughed at a person who had filled out a telegram blank when he tried to say that he didn’t send the message but that Western Union did. The same principle applies here.

Schmalfeldt has claimed that he must create the active links so that his readers can come check out my side of the story. Gentle Reader, I’ll bet you can find the Cabin Boy’s latest blog without my having to make teamschmalfeldt dot com an active link.

He also claims that I can solve the problem by turning off pingbacks for Hogewash!, but I am under no obligation to cripple the functionality of my blog because he refuses abide by an outstanding peace order to leave me alone.

I think both Bill Schmalfeldt and I both understand pingbacks and that the Cabin Boy is doing what he does on purpose.

Mens rea? Perhaps. Or perhaps mens aegra or mens infirma?

* * * * *

During the course of the first peace order, I reported some of the Cabin Boy’s™ violation of the order. As a result, the State of Maryland brought five or six different sets of charges against him with over 360 counts of failure to obey a peace order, harassment, and misuse of electronic communications.

Meanwhile, the Cabin Boy™ appealed the peace order to the Maryland Court of Appeal (the State’s highest court) claiming, among other things, that ordering him to leave me alone violated his rights under the American’s With Disabilities Act. Nothing in his appeal went as he foresaw. The Court of Appeals refused to grant certiorari and did not hear his appeal.

Team Kimberlin Post of the Day


One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounds like a good idea, so unless something big happens over the next few days, we’ll be looking at The Dread Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s biggest goofs to date.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife

8. Kimberlin Seeks a Peace Order Against John Norton While Kimberlin was embroiled with trying to get peace orders against Aaron Walker back in 2012, he also sought a peace order against a guy by the name of John Norton. The Dread Pro-Se Kimberlin accused Mr. Norton of lurking in the bushes outside of the Kimberlin house an taking photographs. Kimberlin gave chase after Mr. Norton in his car. Kimberlin’s peace order petition was utter nonsense, and Mr. Norton responded by filing a petition of his own against TDPK. The District Court granted both petitions for 30 days, and John Norton appealed to the Circuit Court.

During the period between the hearing, information came to light suggesting Kimberlin had lied during his testimony in the District Court. (This was before the Maryland courts had been made aware of TDPK’s federal perjury conviction.) By the time that the Circuit Court held the de novo trial, the dueling peace orders had expired. Apparently fearing that he was being set up for a perjury trap, TDPK moved to quash the Norton appeal as moot so that he would not have to testify in Circuit Court. The court denied that motion, so Kimberlin dropped his petition. The final result was that the peace order against Kimberlin remained on the books, and the petition against John Norton was recorded as denied.

Coverage of the Circuit Court hearing ratcheted up the Streisand Effect another couple of notches.

Prevarication Du Jour


The Dread Pro-Se Kimberlin included a copy of a Breitbart Unmasked post by Xenophon the Troll (No, I won’t link to it) as an exhibit in that motion he filed after the judge order him to stop filing motions in the Kimberlin v. The Universe, et al. RICO Madness. That got me to reread the post, and I found this howler.BU20120221

“Dozens of peace orders”? Plural? At least 24?

Let’s fact check that.

Looking at the Maryland Judiciary Case Search database, we find the following peace orders petitions have been filed against Bill Schmalfeldt: 06C13063359, 1002SP002432013, and 1001SP003432013. That’s a total of three. One of them was granted and then extended.

Running the same check on The Dread Pro-Se Kimberlin turns up these petitions: 06C13063590, 0601SP033922012, and 0601SP003412013. I am also aware of another peace order petition filed against TDPK which is now sealed and no longer appears in the public record. That’s a total of four. One of them was granted against Kimberlin. Over the past couple of years, TDPK has filed four peace order petitions against three individuals, and all failed either at the final hearing or on appeal.

The last time I checked, seven is substantially less than “dozens.” IIRC, when sealed protective orders are added in as well, TDPK has filed more petitions against others than have been filed against him, and every single one of his has failed in the end.

#Loser

A Comment on Not Commenting


There is a great deal that I could say about, for example, the pending court matters in the Hoge v. Schmalfedt peace order case and the Schmalfeldt v. Hoge appeal of the peace order. I could publish the various motions and such that have been filed and comment on the contents of each one. Looking the history of traffic to this blog leads me to believe that the number of hits the site receives would increase significantly it I were to post such things.

So why not?

Because I’m a party to those cases, and, as a party, I believe I should put my side of the case before the appropriate court and not try the case on the Internet. I have no objection to someone else who thinks the cases are newsworthy writing about the them. However, any comment beyond acknowledging that a filing was made or stating that I expect to prevail in the case is not in my best interest. The papers filed with the courts do not show everything my lawyer and I know or will eventually have to say about the cases. The bulk of the evidence and arguments are saved for use in hearings, and I have no desire to improve my adversary’s game by showing him my hand.

The Gentle Reader should remember what has transpired thus far. I brought the Hoge v. Schmalfeldt case in February and lost in the District Court. I appealed for a trial de novo in the Circuit Court and finally won the case in June. For the 3-1/2 months between the two trials I put up with a great deal of harassment. I let Bill Schmalfeldt rant while I waited patiently. I did not publicly discuss any significant details of the case. And I won. Only after that win in the Circuit Court did I offer my side of the case in any detail.

I’m sticking with that strategy.

I expect that the Court of Appeals will deny Schmalfeldt’s motion to reconsider their denial of a stay of the peace order. I expect that the Circuit Court will deny his motion to modify the peace order. I have no expectation one way or the other concerning the Court of Appeals granting a writ of certiorari and actually taking the appeal.

I could be wrong. We’ll see, but don’t look for any detailed comments about pending matters from me until after a court ruling.

BTW, I will most likely use the same strategy as one of the et al. in Kimberlin v. Walker et al.

Another Day in Court for #BrettKimberlin


I’ve just left a hearing at the District Courthouse in Silver Spring, Maryland. The hearing dealt with two peace orders and a protective order. The protective order was sought by Mrs. Kimberlin against her husband Brett. It was not granted. One peace order was sought by Brett Kimberlin against one Jay Elliot. It was also denied. Elliot also sought a peace order against Brett Kimberlin. It was granted.

As you might guess, things are complicated. I’ll have more to report later today.

Stay tuned.

UPDATE—An anonymous coward from Team Kimberlin sends this comment:TK20130709b

#BillSchmalfeldt 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?

Team Kimberlin Post of the Day


The Gentle Readers who have been following the Saga of the The Dread Pirate Kimberlin and his crew for a while may remember that I have appealed the results of two of the peace order hearings in District Court. Please understand that I cannot comment in any substantial way on these matters until after the trials in Circuit Court.

I can say that things are proceeding apace with no surprises.

Stay tuned.