Bill Schmalfeldt and the California Penal Code

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

My growth as a blogger continues apace!  Today I am going to demonstrate that I have learned to create YouTube videos using audio files and one creepy picture of Bill Schmalfeldt and one of Neal Rauhauser.  Oh joy!

So yesterday Bill Schmalfeldt recorded a radio show.  He has a radio show where he brags of being listened to by a maximum of five hundred listeners and that was on a big news day for his show when he got charged with a crime.  In any case, on that show he did something he often does: he said something stupid.

Actually it was beyond stupid.  It was, in my opinion, potentially criminal conduct.  He threatened several people, including a Deputy District Attorney of Los Angeles.  Now for transparency’s sake, here’s a link to the show, so you can listen and verify all of this yourself, because I can imagine him claiming I have selectively and deceptively edited the audio.  So listen for yourself and decide if you think I have failed to include sufficient context.  And there is a lot of interesting stuff in the program if you happen to the whole thing.

First, let me get this straight... they are being sponsored by Audible?  Well, my guess is that they help bring us Blog Talk Radio in general, and they have no idea what their products are being associated with.

Second, he spends a great deal of time talking about Lee Stranahan having to prove this or having to prove that.  Which demonstrates to me that he doesn’t have the foggiest idea how the criminal justice system works.  Folks, do I have to explain this to you?  Well, in case I do, this is not the case of Lee Stranahan v. Bill Schmalfeldt.  This is The State of Maryland v. Bill Schmalfeldt.  Heck, you can even see it on this picture posted on Breitbart Unmasked (safe link):

The document he is holding up says very clearly “STATE OF MARYLAND VS.” and then it is cut off.  Well, the next words are almost assuredly “BILL SCHMALFELDT.”

The vast majority of criminal cases are like that.  Sometimes it is stylized as “State v. John Doe,” “Maryland v. John Doe,” and sometimes even “The People v. John Doe” depending on the style of the jurisdiction involved (leaving out federal criminal cases which are styled “United States v…” Such as “U.S. v. Brett Kimberlin”).  But in each of those cases, it is the state that is the other party and it is the state that is required to carry its burden of proof not the victim of the crime, which in this case is Lee Stranahan.  Now there was a time when a private party could bring a criminal action, but I believe that has been abolished in every state in the union and in any case that isn’t happening here.  In this case, Lee Stranahan has asked the State of Maryland to file charges and so far they have obliged.

And what is interesting is that Schmalfeldt boasts of having a legal team and yet he demonstrates that he doesn’t comprehend this very basic point in the law.  Think of that what you will.

The third interesting thing—before we get to his threats—is that he complains about having to work that day.  Right in the beginning of the broadcast he talks about how back when he used to work for the government he used to chuckle at the “chumps” who had to work on Presidents’ Day and therefore having to work on that day was some kind of bad karma come back to bite him.  In fact, I think this is significant enough that I made a clip (with his extra creepy photo which I shamelessly ripped of McCain) so you can listen for yourself.

It is an innocuous moment, but it reveals a great deal.  He has said before that he “works” for Breitbart Unmasked.  I mean that is his entire defense in paraphrase: “I work for this website and its journalism therefore I am a journalist.”  Of course Breitbart Unmasked is not journalism and as I have previously shown, Schmalfeldt is so utterly not a journalist that he resorts to lying about doing basic journalistic due diligence.  But I felt that he could be using the term “work” colloquially.  I mean I don’t get paid for doing this blog and I don’t have any boss, but I occasionally tell people I “work” at this blog.  So, I thought, perhaps he was not being precise in his use of the language.

But that’s not the case with that clip.  No, when complains about having to work, he is making two things clear: 1) this is not a hobby for him, but an actual job and 2) he is not his own boss.  I mean I suspect if I asked Lee Stranahan about his blog talk radio show, he would say it was work (really fun work, but still “work”), but because he is his own boss it is entirely up to him when and if he goes on.  During Weinergate, I have seen Stranahan get some new morsel of information and immediately start a radio show to talk about it for a while.  But in Schmalfeldt’s case he must go on and do his radio show, on President’s day even though he doesn’t want to, implying that he doesn’t have a choice in the matter.  I wonder if he gets sick days?

But let’s get to the threats.  After reading a great deal of my post from last Thursday, he said this:

And if you don’t want to listen, this is what he says:

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... Walker, Hoggy, Frey... and Frey... beware the Ides of March.

Incidentally, “Hoggy” is what he calls John Hoge of Hogewash.  And “Frey” in this context is pronounced “Fry.”

But that last part... “and Frey... beware the Ides of March.” was a clear threat.  After all, if you know your Shakespeare you know what that phrase refers to: the assassination of Julius Caesar, a murder.  It is most clearly a threat against Patrick Frey, but it can also be seen as a threat against myself, Hoge and Stranahan as well.

Now you can listen to today’s show here where he walks it back, some.  He tries to claim that it couldn’t possibly be a threat because he is so utterly helpless due to his Parkinson’s.  But when a man associated with a convicted terrorist—a man known to cause the death of others by leaving bombs in innocuous-looking objects—makes a threat like that, one has to take it seriously.  Besides, he can’t even drive a car?  He couldn’t drive to where I live, draw out a gun and shoot me from his car?

And in an additional irony, today’s podcast proves his connection to Rauhauser.  In this clip he briefly interviews Rauhauser as follows:

Now there are two things you can glean from that interview.  The first is that Rauhauser doesn’t plan to show up for this hearing—hardly surprising, given that he is currently a fugitive from justice regarding warrants issued in New Jersey in Mike Stack’s cases.  The second is that two times Schmalfeldt indicates that he is Rauhauser’s friend, calling him, “bud” and “buddy.”  This proves what we have believed to be the case for some time, that there is a nexus between Kimberlin and Schmalfeldt.  After all, Kimberlin has admitted in open court that Rauhauser is his associate.  And now Schmalfeldt has demonstrated his association with Rauhauser.

And I am willing to bet that his relationship with Kimberlin is even closer than that.

Also for bonus points, don’t you love Neal’s expert reportage when he declares that a friend of his told him that I had supposedly totally owned up being behind all the charges.  Yes, once again, we are back to the conspiracy theory that I, your humble writer, somehow command the entire internet.  Except I have said nothing of the sort and indeed I am not “behind” any of it.  As far as I know, both Lee Stranahan and now John Hoge have filed charges of their own volition and of their own motivations.

This was, by far, not the only menacing thing he has said.  For instance consider what Schmalfeldt another day:

When a man associated with a terrorist talks about rolling out a bomb, that is at the very least menacing.  When he says, “you won’t know when, you don’t know where, you won’t know how, but you will know why” that is equally threatening language.

And consider this as well:

He says: “I don’t make threats.  I make promises.”

Of course the greater context was where he falsely denied once threatening to sue me.  Dear reader, here is the email he wrote:

   Email From Liberal Grouch to Walker Threatening More Lawfare by   AaronWorthing

Decide for yourself whether he threatened to sue me or not.

So he has repeatedly been menacing in his language, and this time he crossed the line into an actual threat.  Threats are considered a form of harassment under Maryland law if they meet the other elements of the statute and they are otherwise illegal in most other states.  In fact, this might even be seen as Obstruction of Justice in Maryland, which prohibits the following (in Md. Crim. Code §9-302):

(a) Prohibited. -- A person may not harm another, threaten to harm another, or damage or destroy property with the intent to:

(1) influence a victim or witness to testify falsely or withhold testimony; or

(2) induce a victim or witness:

(i) to avoid the service of a subpoena or summons to testify;

(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or

(iii) not to report the existence of facts relating to a crime or delinquent act.

Oh, and for bonus points, the penalty for such an act is up to five years in prison.  Is anyone keeping track of how many years Schmalfeldt is risking in prison?

But I admit I enjoy particularly what he could face under California law.

First, there is a general statute addressing threats.  You can read a copy of that statute, here.  And then you have their harassment statute, which you can read here.  The interesting part of that is that the statute specifically requires a threat to be made, but we have that here!  And finally, it is potentially another crime: threatening a public official.  You can read the section of the California penal code addressing that, here.

In addition there are laws in Virginia that this conduct violates and it is likely to violate the law in Texas, where Lee Stranahan lives, too.  So after being charged with crimes in Howard county where he lives, and about thirty miles away in Caroll County, Maryland with Mr. Hoge’s latest charges, apparently Schmalfeldt wishes to be prosecuted in Virginia, Texas and even California, too.  Indeed, I haven’t even touched on the Federal Laws that prohibit the interstate transmission of threats.  I wonder if his employer—the one who requires him to work on Presidents’ Day—will pay his travel expenses?  Will they be funding his legal defense?

Indeed who is the lawyer that Bill Schmalfeldt claimed went all the way to Westminster, Maryland to find out what the new charges against him were?  A lawyer who suddenly flew off to do that, but didn’t tell Schmalfeldt to quit talking about the case!

Inquiring minds and all that.

And indeed in the course of today’s broadcast, he not only gave all of this wonderful evidence against himself, he also attacked both Lee Stranahan’s wife and children.  Yes, really.  He ran a comedy skit starring a thinly-disguised parody character named “Lee Strammyham.”  And you really have to hear it to believe it:

And as bad as that, the next ad suggests that his children would be prostituted out when they were of age, and a few years early if you paid an extra fee.  Yes, really:

Of course Schmalfeldt declares that that the names sound totally different, or that character is not based on any real person, but who exactly does he think he is fooling?

It wouldn’t surprise me if the charges Lee has filed in Maryland are amended to include additional counts, committed since last Tuesday when the charges were filed.

Just how many years in prison does Schmalfeldt wish to risk?  How many jurisdictions does he wish to commit crimes in?

Well, I guess only time will tell.

Finally, I would like to return to that clip involving the death threat.  Let’s listen to it again:

And here is what he says:

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... Walker, Hoggy, Frey... and Frey... beware the Ides of March.

Now this time I want to highlight something else he does.  First, he says that this was all because Lee Stranahan has a grudge.  Then suddenly he changes gears and goes back to his conspiracy theory that someone is paying him off.

I think for just one moment, he accidentally let the truth of it kinda, sorta slip out.  I mean “have a grudge” is a unfairly negative way to put it, but don’t you think it is reasonable to believe Stranahan is actually angry about how this man is treating him and his wife and children?  I mean you just heard Schmalfeldt describe his wife as a used up whore and talked about his children being used as prostitutes.  What is motivating Stranahan?  Occam’s Razor would say it is because of Schmalfeldt’s creepy and indeed harassing conduct.  The term “grudge” doesn’t quite admit that this is all Schmalfeldt’s fault that he is being charged with these crimes, that the reason why he is being charged with a crime is because he has been harassing Lee Stranahan (and others), but it is very close to doing so, isn’t it?  Which is why he quickly shifted back to the theory that Lee is being paid.  Because his audience, all twelve of them, might be left to wonder what did this man do to so anger him?  And they might even start to find information like this and realize that Stranahan’s anger is entirely justified.  He is right to go to the courts and ask that Mr. Schmalfeldt be put in prison.  His conduct is truly beyond the pale.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.