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.

It Doesn’t Work the Way He Thinks

The Cabin Boy™ is big on making demands.WMS Radio Network201406101638ZWell, yes, I will have to prove the allegations that I’ve made to the court. To. The. Court. I don’t have to prove anything to The Dreadful Pro-Se Schmalfeldt™. He can yammer all he pleases online, but he won’t get any response from me. All my substantive communication with him will be through the court and related legal processes.

Meanwhile, all is proceeding as I have foreseen.


@PatO201404222334ZThat is for me to know and the Cabin Boy™ to find out. It is unlikely that he would enjoy the experience. Consider the following:

Of all the people that Bill Schmalfeldt has harassed, I’m the only one who has been able to do anything to hold him accountable for his actions. In the process of my doing that over the past year, the Cabin Boy™ has been exposed to the world for what he is—an ineffective, incompetent, talentless, vile, and cowardly loudmouth who is full of bluster but lacking in substance.

Stacy McCain has observed that “the best way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.” Indeed, allowing Schmalfeldt to act out, allowing him to show his true self over the past year, has allowed him to destroy his own credibility. The most benign view that anyone, including law enforcement, has of him is as a harmless loonie who is a bit of a pain-in-the-ass. That is true not only in Maryland, but in other states as well, and not everyone’s opinion is so benign.

Moreover, the past year has shown the Cabin Boy™ to be a loser. The peace order stuck. His motion for modification was denied. His appeal of the peace order was denied. The six-month extension was granted. There was no probable cause found when he tried to file a perjury charge against me in Carroll County. He’s had even poorer luck on his home turf in Howard County. The only reason he isn’t in the Carroll County Detention Center (or Springfield State Hospital) right now is because I agreed to drop charges. And the whole copyright infringement thing over the past few days … oh, never mind.

You get the picture, don’t you, Gentle Reader? Each new thing the Cabin Boy™ tries winds up showing him to be a bigger fool, a sorrier sore loser. So, beyond saying that I will keep allowing the Cabin Boy™ to make of fool of himself if he insists and to hand me another win, I see no need to give him any help.

I doubt that Bill Schmalfeldt has enough sense to leave me alone. I expect he will do something stupid.

Stay tuned.

Prevarication Du Jour

db201401101647ZOne of the items that the Cabin Boy will be required to file for his appeal to the Court of Special Appeals of the extension of the peace order will be a certified copy of the transcript of the hearing. When he gets the copies he’s required to distribute, one for the court and one for me, he can read for himself what Judge Stansfield said.

75bucksBTW, bound certified transcripts aren’t cheap. The transcription fee is about three bucks per page, and there are reproduction fees on top of that. The 15 bound copies of the appellant’s brief and 10 copies of the record extract won’t be cheap either. Given that Schmalfeldt says that he expects to lose and given that he’s been dead in the water with his fundraising, one wonders why he is determined to spend several thousand dollars on a lost cause.

Prevarication Du Jour

db201401100037ZHow does the Cabin Boy know whether or not there are witnesses to my reading his tweets while in my own home? Does he think he can prove that I only read them when I was closeted away in my office with the door locked? Can he prove that I never sat at the kitchen table with my laptop showing friends his tweets? Can he prove that I never sat in the living room with my family while reading his tweets aloud from my iPad?

But all of that is probably moot. The elements of the crime of failure to obey a peace order are 1) that an order was in place and 2) that the person committed an act prohibited by the order.

Schmalfeldt has conceded the existence of the order by appealing it. That establishes the first element.

Schmalfeldt admitted during the hearing on the extension that he sent the tweets. Such an admission against interest can be used as evidence in a criminal trial, so his admission establishes that the Cabin Boy committed the acts in question. Judge Stansfield found that all 470 tweets placed in evidence violated the order. Since all of the 351 tweets covered by the four pending cases were among the 470, that establishes that the acts were prohibited by the order. That establishes the second element, and I suspect that a District Court judge would defer to the finding of a Circuit Court judge in this case. It’s been suggested to me that it might be possible for the State’s Attorney to obtain a conviction using only the transcript of the extension hearing with no need for further testimony from me.

At this point, the four cases are in the hands of the State’s Attorney’s Office. I’m waiting to see what they do this time.

UPDATE—The poor Cabin Boy’s angular momentum must be staggering considering how fast he’s spinning. He seems to think that I have to prove where I was. No. I don’t. If he files a motion for change of venue, he will have to prove his assertion that I was never in Carroll County when he violated the peace order. It’s the person making a motion who has to prove the “facts” backing it.

Oh, and the Cabin Boy also keeps insisting that Judge Stansfield didn’t find that his tweets violated the order.

Uh, huh.

In his findings, the judge described those tweets as contact “which Mr. Hoge should not have received.” The Cabin Boy’s ongoing violations of the peace order were the justification for extending it, the proof that he was likely to continue to engage in harassment.

Bonus Prevarication Du Jour

Bill Schmalfeldt is now trying to spin his misunderstanding of the legal concepts of jurisdiction and venue into a story that I agree that he should be tried in Howard County instead of Carroll County. He posted this over at Patriot-Ombudsman (No, I won’t link to it.).P-O20140109Unfortunately for the Cabin Boy, harassment occurs where the victim is located. Since I was at home in Carroll County when I read his tweets, the crime that he seems to be admitting to in his post occurred in Carroll County and is chargeable and triable there.

For me, the most interesting thing about the Cabin Boy’s post is how I learned about it. But I’ll save that for later.

UPDATE—The rule about the crime occurring at the location of the victim is old, old case law. An example of its application to a Maryland harassment case can be found in Galloway v. State, 781 A.2d 851 (2001). Galloway was a prisoner in a state facility in Washington County who harassed his victim by mail. The victim was in Anne Arundel County. Galloway was charged, tried, and convicted in Anne Arundel County. He appealed his case, and the Court of Appeals upheld his conviction. He appealed to the U. S. Supreme Court which declined to hear his appeal.

UPDATE 2—The Cabin Boy is trying claim that since Galloway had lived in Anne Arundel County prior to his incarceration, that he was a resident of that county when he mailed his letters from prison. That is, of course, wrong. Both the state and the federal census view the place of incarceration as a prisoner’s residence. Since 2010, Maryland has been rejiggering the federal census data with the pre-conviction address of prisoners in order to “move” them from rural areas (where most prisons are) to the urban areas for the purpose of drawing legislative districts. This has the effect of reducing the apparent population of rural counties (Republican voting) so that they receive fewer seats in the Legislature. However, Galloway was charged and tired over a decade before that law was enacted, so he would have been considered a resident of Washington County even for legislative reapportionment at the time of his harassment trial. Indeed, a prisoner in Washington County is still considered resident there by the State of Maryland for every purpose except gerrymandering.

The Cabin Boy Strikes Back

So Bill Schmalfeldt says that he’s challenging the extension of the Hoge “verses” Schmalfeldt peace order (in iambic pentameter, I hope). I haven’t been served yet, but, considering that he is saying he’s doing something foolish, it’s probably safe to believe him.

This whole peace order thing is beginning to remind me of a scene from Monty Python and the Holy Grail. I’ve whacked the Cabin Boy twice now, the peace order and the extension, and he thinks he is going to kick my ass.Monty Python Black KnightI suspect his bluster during his appeal will be analogous to the Black Knight’s, and he’ll probably enjoy the same level of success.

BLACK KNIGHT: Just a flesh wound. [Kicks Arthur]
ARTHUR: Look, stop that.
BLACK KNIGHT: Chicken! Chicken!
ARTHUR: Look, I’ll have your leg. Right! [Cuts off a leg]
BLACK KNIGHT: Right, I’ll do you for that!
ARTHUR: You’ll what?
BLACK KNIGHT: Come ‘ere!
ARTHUR: What are you going to do, bleed on me?
BLACK KNIGHT: I’m invincible!
ARTHUR: You’re a loony.

The big difference is Holy Grail is a silly movie while the Cabin Boy’s antics are all too real.