First, dear readers, I am sorry
for the silence on the blog last week.
Let us simply say that an event occurred Friday that I am working with
the police on, and it is soaking up a great deal of my time. I will tell you that story at the appropriate
time.
But this post is on a different
subject. I was told by friends that
Schmalfeldt is now claiming he would like to go to Milwaukee to be at the side
of his ailing mother. I have just sent
the following email to him and now post it here, to facilitate communication with
him:
Mr. Schmalfeldt,
I have learned
through others that you wanted to go to Milwaukee because your mother is ill,
but felt you could not.
Schmalfeldt, I am
not heartless. If you need to be at her
side, be there. We can work this out. We can protect my interests in one of two
ways. First, you can consent to have the
temporary peace order extended until you can come back and then have the hearing
over whether the final peace order will be issued. The second option is to consent to the peace order
itself. This will not represent a
finding that you actually did what I accused you of, but it will keep you from contacting
me, going to where I live, etc. for six months.
I do recommend that
you consult with your own independent counsel on this. I would prefer any further communications
take place through such counsel. But on
the chance that you do not presently have a lawyer, I give you permission to
contact me, politely and calmly, for
the limited purpose of effectuating a solution to your problem. Polite and calm communications designed to
work this out will not be treated as harassment or electronic harassment. That is only if you do not presently have a
lawyer. If you do, then simply give him
my contact information and we will work it out.
In any case, I do
hope your mother’s health improves.
Sincerely,
Aaron J. Walker,
Esq.
For those who are confused, last Friday
I filed charges against Schmalfeldt for harassment and electronic
harassment. On the same day I filed for
a peace order against him. A temporary
peace order was granted. A final peace
order hearing is scheduled for tomorrow.
Since writing this, I have seen
tweets from Schmalfeldt indicating that he will go to Milwaukee and an attorney
will ask for a postponement (he probably means a continuance). I sent this additional email.
I have seen since I
wrote the email below that you actually are on your way to Milwaukee and you
intend to ask your attorney for a postponement. Have him contact me, and
we will work it out.
And I will say a
prayer for her health, for what it is worth.
Aaron
So there you go.
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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.
I saw all the comments he was making about how the eldest son should be with his mother, etc. The cynic me me thought it was more an act to garner sympathy than an actual desire. I mean, as the eldest son, shouldn't he have had his mother close to him so he could look out for her best interest?
ReplyDeleteBut kudos to you for doing the right thing and this case. We'll see how far kindness gets you.
I think you're nuts to engage a guy who you're trying to get a peace order against. Looks bad - even if sincere and for the right reason. He won't play fair with it anyway, even if he's telling the truth. Just don't go there.
ReplyDeleteGod speed.
I can’t say I’ve read more than few sagas, but aren’t the works usually named after the hero? Naming the saga after the villain seems to 1960s Hollywood.
ReplyDelete