Are You Pondering What I’m Pondering?

Narf, I think so, Brain. If you’re pondering the fact that the Court of Appeals has adjourned until the 17th without a decision on Bill Schmalfeldt’s motion to reconsider his motion to stay his peace order pending an appeal, making it necessary for Bill to have to trundle his ass into a car to be transported to Westminster, and he’s in a wheelchair because he blew out a hamstring just from standing up today, and this is caused by his tendons tightening because of the Parkinson’s disease, the progression of which was exacerbated by WJJ Hoge III’s constant threats of jail and arrest and new criminal charges, and the fact that he is now completely unable to walk, added to the fact that he almost choked to death on a glass of water last night, and he blames Hoge for the increased rate of progression of his illness and his wife blames Hoge for the increased rate of progression of his illness and his neurologist blames Hoge for Bill’s increased rate of progression of his illness, and that unless Hoge drops his stupid, useless, doomed-to-fail peace order, Bill is going to put Hoge under oath, point out his lies under oath already stated, draw out new lies under oath for Hoge to try to get away with, making an utter fool of Hoge and ruining his reputation forever as he prepares for his being sued by Brett Kimberlin.

Or were you pondering monkeys again?

Hoge Seems to Misunderstand the Purpose of an Appeal

Poor John Hoge. Such an ego, and with such little reason for it. Now I’m being criticized for “arguing a case I’ve already lost.” Dude. That’s what appeals are. He should know. He had two judges tell him “no” to his peace order demand before he finally found one who gave it to him.

I am going to say the same thing now to WJJ Hoge that I said to the Wisconsin Knotheads about their phony “Occupy Madison” website.

John, the peace order. Either give it up willingly or be humiliated when I take it from you.

I really don’t know if it’s hubris, stupidity, ego, or a mixture of all three. In my last post, I showed you this.

Screen Shot 2013-10-05 at 4.26.43 PMIt’s from the Maryland Legislature discussing their accomplishments of 2012. One of which was their passage of a bill that added “electronic communication” to the electronic mail harassment law.  If you look at the underlined portion, you see that the Attorney General of Maryland said that harassment online may not include Twitter.

Add to that this wrapup from the 2013 legislative session.

Screen Shot 2013-10-05 at 5.52.30 PMThey toughened the law in regard to minors.  But left intact the prohibition on Twitter as a source of harassment. This goes hand in hand with the US v. Cassidy ruling in the Federal courts that says Twitter can not be used to harass.

Here’s Hoge’s rebuttal.

His lawyer submitted a motion to dismiss based on the notion that the misuse of electronic communications statute the Cabin Boy writes about in his post is not one of he triggering crimes for a peace order. My lawyer’s response was that the broader harassment statute covered electronic harassment as well, that my petition was based on my being harassed, that the harassment being electronic was incidental to my petition, and that the possibility Schmalfeldt might be charged with both crimes didn’t affect my case.

The judge agreed with my lawyer.

WHAT? This doesn’t even make SENSE! I was charged under the broader harassment statute and those charges were dismissed. I was also charged with electronic harassment, and those charges were dismissed.  Just how does Hoge allege he was harassed?

BY TWITTER!!!

And the Attorney General of the State of Maryland along with the Federal Court in US v Cassidy both say YOU CAN NOT HARASS A PERSON ON TWITTER!!!

He continues.

The judge also wound up finding that Schmalfeldt engaged in harassment. That’s as much as he had to find in order to issue the peace order.

The Cabin Boy is trying to engage in an argument that he’s already lost.

Well… DUH! That’s what an appeal IS! Hoge should know that. He had to appeal an argument HE lost to get the Circuit Court judge to grant his peace order that TWO District Court judges told him he could not have.

Hoge’s sole argument seems to be, “The judge decided.” Well, if that were the case there would be no appeal courts. Judges make mistakes.  According to the Federal Court and the Attorney General of Maryland, THIS judge MADE A MISTAKE!

I’ve given Hoge a chance to back out of this and save a scrap of his face. If he doesn’t take it, he will have to deal with the results.

How Can Hoge Get a Peace Order to Protect Himself from Something That Does NOT EXIST?

I was working on my presentation to the Carroll County Circuit Court when I stumbled onto the smoking gun that just shot a great big hole in WJJ Hoge’s Peace Order, causing it to fly around like a leaking balloon, making a farting sound (and smell) as it got smaller and smaller until it just fell to the Earth with a plop.

I am looking forward to see how Mr. Hoge will answer the fact that the Attorney General of the State of Maryland says “no harassment occurred” therefore there can be no Peace Order to protect Hoge from harassment that never happened.

Let us recall that Hoge, Aaron Walker and Lee Stranahan have tried to hang harassment and electronic harassment beefs on me before. All were dismissed by the Howard County and Carroll County State’s Attorneys.

There’s a reason for that. It’s a law passed in April 2012 by the Maryland Legislature.

Go to page 176.

Screen Shot 2013-10-05 at 4.26.43 PMWhat does this all mean? It means Hoge has no case for a Peace Order, and either the Court of Appeals or the Circuit Court will have to overturn the Circuit Court’s erroneous decision.

Now, if I sent Hoge an e-mail calling him a ragged old popcorn fart and he told me to stop sending him e-mails, he might have a case if he could prove that my intent was to harass and annoy.

HOWEVER:

Since anything I sent to the @wjjhoge Twitter account doesn’t JUST show up on Hoge’s Twitter timeline. It shows up on the timeline of everyone who follows me. It shows up on the timeline of everyone who follows Hoge. Therefore, according to Maryland Attorney General Doug Gansler, it does not meet the “sent to a person and received by a person” requirement for harassment.

I am going to unblock Mr. Hoge on Twitter, and if he wishes to contact me to discuss his surrender, he will find me quite accommodating.

When did WJJ Hoge tell me to stop contacting him? NEVER!

Simple answer? Never.

I like to think of these little blog posts as being instructive.  Here’s an old investigative journalist trick.

You want information and you know your quarry has an ego the size of all outdoors.

1. Play stupid or forgetful. I tweeted this morning that I didn’t recall Hoge having ever asked me to stop contacting him. I’m sure he did, but darned if I can find it anywhere in my records.”

2. Show a vulnerability. I am sure he sent me one, but my memory isn’t what it has been lately.

Then, sit back and wait until you hear the trap snap shut.  First, the blog post in its entirety, after which we will break it down and demonstrate why, if he has any hopes of not being humiliated on Oct. 16, he should pray that the Court of Appeals grants my motion, or that I die before Oct. 16. Barring that, he would need to talk to his attorney.

Screen Shot 2013-10-04 at 1.24.53 PMScreen Shot 2013-10-04 at 12.51.39 PMScreen Shot 2013-10-04 at 12.51.54 PMNow, let’s examine what we’ve learned here.

1. WJJ HOGE NEVER SENT ME A CEASE AND DESIST DEMAND. Oh, he sent one to Old Uncle Bastard. He also sent one to Breitbart Unmasked and Occupy Rebellion who continue to contact him to their hearts’ delight. I am the only one to have charges filed against me. But my name is NOT “Old Uncle Bastard.” A proper “cease and desist” has to be addressed to the individual you wish to stop contacting you.

Screen Shot 2013-10-04 at 1.38.45 PMWilliam M. Schmalfeldt never received a signed, cease and desist order from WJJ Hoge. “Old Uncle Bastard” got a “cease contact” Tweet. As far as we legally know, Hoge’s son sent it. There is no proof that would stand up in court that Hoge ever ordered that I, William M. Schmalfeldt, cease contact with him.

2. HOGE’S “SECOND WARNING” WAS ACTUALLY A “FIRST WARNING” AND HE FILED CHARGES JUST DAYS LATER. In his blog post, Hoge refers to his Feb. 15 “stop contacting me” post as a “second warning.” He links to what he says was his “first warning,” which was this…

cease-tweet

IN WHAT UNIVERSE IS “save your breath” a demand to “cease contact?”

Screen Shot 2013-10-04 at 1.45.41 PM

“Old Uncle Bastard” isn’t even MENTIONED in this post so how can the OTHER post be a “second warning?”  And do you see any reference to William M. Schmalfeldt anywhere in this post?  Me neither.

3. HOGE’S SCREENCAP OF “OLD UNCLE BASTARD’S” TWEET DOESN’T PROVE A THING: For one thing, the link he says proves “Old Uncle Bastard” was AWARE of the Cease Contact Demand goes NOWHERE! And the comment made in the tweet could be true of the comments in 95% of Hoge’s posts. In the Tweet do you see any reference to a “Cease Contact Demand?” Me neither.

4. DID “OLD UNCLE BASTARD” CONTINUE TO SEND MESSAGES THAT HARASSED, ALARMED OR SERIOUSLY ANNOYED MR. HOGE?  It doesn’t seem that way.  But again, let’s look at the legal definition of Harassment in Maryland.

Screen Shot 2013-10-04 at 1.52.02 PMDid Old Uncle Bastard “intend” to “harass, alarm or annoy” Mr. Hoge? Well, a Carroll County Circuit Court judge who didn’t even know what Twitter WAS says William M. Schmalfeldt did, but did Hoge ever tell William M. Schmalfeldt to leave him alone?  And is Mr. Hoge aware of the fact that criminal complaints are signed “under penalty of perjury”?

Screen Shot 2013-10-04 at 11.17.55 AM

A “malicious course of conduct” in which William M. Schmalfeldt “approached or pursued” Mr. Hoge with INTENT to place him in “REASONABLE FEAR OF SERIOUS BODILY INJURY OR DEATH?”

SERIOUSLY???  POOP FLAKES IN YOUR BEARD WILL KILL YOU?  Did William M. Schmalfeldt THREATEN to put those poop flakes in Mr. Hoge’s beard, or was it a vulgar but satirical observation?

5. MR. HOGE SEES MY BAIT AS AN ATTEMPT TO CLAIM A “TWINKIE DEFENSE.” Nope. It’s an attempt to prove that he never told William M. Schmalfeldt to stop contacting him, he told “Old Uncle Bastard,” “Breitbart Unmasked” and “Occupy Rebellion” to stop contacting him after lying that it was a “second warning.”

On Oct. 16, if we get that far, this is a tiny, smidgen of the evidence I plan to present to discredit and impeach Hoge’s honesty. I will use every scrap of proof I have gathered, and will continue to gather, to prove that Mr. Hoge’s “peace order” is nothing more than an attempt to use the courts as a weapon against me for the crime of pointing out the very obvious fact that he has poop flakes in his beard.

Of course, if Mr. Hoge would rather NOT be humiliated in a public setting, he knows what he has to do.  But we have the feeling that Mr. Hoge rather enjoys public humiliation, given the fact that his 13 charges against me have all gone into the dumper and he needed three shots to get a judge to agree with his constitutionally-flawed peace order.  If humiliation is what he craves, I will do my level best to deliver.