Over at the Artisan Craft Blog, Dave Alexander reports about the road ahead for Team Kimbergarden and shares an email comment from Bill Schmalfeldt after Sarah Palmer was granted a No Contact Order in North Carolina.
His comment is as follows:
… My plans for Mr. Hoge’s case are the same today as they were yesterday. I will obey the judge’s orders. Messers. Hoge, Johnson, Grady and Mrs. Palmer should be thinking of their plans for my case.
This is both a lie and deception.
In Hoge v. Kimberlin et. al, in which Schmalfeldt is a defendant (yes I know, Schmalfeldt said it was going to be dismissed a long time ago, yes yes..), Hoge was looking to get Schmalfeldt to produce documents as part of discovery.
When Schmalfeldt failed to produce documents, Hoge motioned the court to compel Schmalfeldt to obey the discovery request. Schmalfeldt attended the hearing over Skype in which Schmalfeldt was ordered to comply with the lawful discovery request. He was also admonished to read and understand the rules of Maryland civil procedure.
Schmalfeldt then “responded” to the request by stating he didn’t have the documents requested. In his explanation, he claims the judge didn’t order him to produce documents, only to respond, which he did.
Later, Schmalfeldt makes posts where he shares information he says he didn’t have which matched discovery. When it was discovered, Hoge sent a letter giving Schmalfeldt a chance to comply. The result? A deleted blog post.
Schmalfeldt, it seems, doesn’t like to follow the rules. When a judge orders you to read and understand Maryland Rules of Civil Procedure and you say, “Yes, your Honor”, you are saying you will follow the Judge’s order.
Schmalfeldt didn’t. In fact, his response was so insufficient that Judge Hecker issues an order for sanctions that prevents Schmalfeldt from introducing any evidence that might have been required for discovery.
Of course, who can forget the The Lulzy Famous, “If the Judge doesn’t allow me to appear before Skype at my Show Cause hearing for violating Maryland Rules of Procedure, I’m going to sue Judge Hecker and Maryland for violating the ADA” episode.
After going to North Carolina, by himself, it is very clear he lied about not being able to attend. He chose not to. This will not sit well with Judge Hecker. Will Schmalfeldt have to live at night in a Westminster jail during the trial, and have Brett Kimberlin visit him and share stories about being behind bars?
As you can see by his actions, he doesn’t care about his responsibilities as a defendant. He’s not even thinking about the case. He pays lip service about following the Judge’s orders as an attempt to show he is faithful to the system. That’s the deception.
The irony is that he thinks defendants in his suit should be thinking about their plans. They have been thinking about it. And not in a good way for him.
Army of Murum aries attigit lawyers.