Post Judgment thoughts

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Over at Hogewash!, in the case of Hoge v Kimberlin et al, Judge Hecker made a couple of findings of importance and then proceeded to either dismiss or find for the defendants on all counts.

This was one of the many possible outcomes in any trial.  It is probably the number one outcome when you consider that going to court as a plaintiff, you have a very high burden to meet at trial. Your case must be a slam dunk on the claims you made: The defendant did X and caused Y damages for which I’m entitled to recover and here is the proof with evidence and witnesses.

Proving damage is a very high standard. Lots of people sue all the time and never get to trial for various reasons in the process. If you’re lucky to get past all the procedural steps to a trial, it’s never a sure thing that you’ll win no matter the strength of your case.

The sad part is, even if you play by the rules and the other side doesn’t through the process, none of that matters. You can get away with shenanigans, unless you’re a lawyer or someone with ethics.

Unfortunately, the defendants named in the case did all they could to thwart the process and bragged about it. Despite that, at least two of the defendants were able to show up and defend themselves. One spent time under the porch in his extended living hotel room.

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Judges have a hard time playing referee when the case is all pro-se’s. Some pro-se’s use that to their advantage by trying to game the system. A judge who is a stickler for the rules will give some leniency to a pro-se who openly mocks the court. Others may not.

All the Judge is trying to do is prevent the case coming back on appeal. I wasn’t there, but I would imagine the Judge did all he could to make it as fair as possible. The burden was extremely high for Hoge, and he deserves all our admiration for taking it to them.

Unsolicited Plug: Buy a coffee mug, T-Shirt, or other accessory from The Hogewash! Store.  I have two mugs and Murum Aries Attigit travel mug. You won’t regret it and feel good supporting an honorable man in his fight against the bad guys.

With that being said, the case in Hoge v. Kimberlin et al. had two important findings: Brett and Tetanya Kimberlin knowingly lied on an application of charges against John Hoge, and that Bill Schmalfeldt violated the terms of a Settlement Agreement.

To me, that just shows the Judge understood what everyone knows:  Kimberlin and Schmalfeldt are not very good people and certainly without integrity.

However, the Judge ruled that Hoge was unable to prove damages to him in which he is entitled to recovery and so the Judge ruled in favor of the defendants for all counts not dismissed. While John had to spend time and money to repair the damage caused by the willful actions of Team Kimberlin, he didn’t suffer enough for the law.

So in essence, today’s ruling has essentially done nothing to tip the scales in court for Team Free Speech, and while certain elements living in a extended stay motel are all about mouthing off about victory, they should realize just what they won:  The Status Quo, which means..

Nothing.

Sure, they have evaded monetary judgment and damage to their financial portfolios which were a real possibility, but they gained more attention and probably not in the good way.

The important thing to note here is that while Kimberlin and Schmalfeldt have not won any cases against any member of Team Free Speech, their litigation strategy has drawn a larger audience of individuals who are taking note and wanting to help.

The irony is when Schmalfeldt doxxes commenters, he thinks by bringing them into the open they will scurry away and be “reasonable” or even be silent.  In reality, the opposite has happened. I would be one of those he “exposed”.

My hope is that others will take up the cause for a few minutes a day and start writing on the internet about Team Kimberlin. There can’t be enough “Blog about Team Kimberlin” days.  Even when the judicial system offers little refuge, the internet can help. You don’t even have to lie, you just have to quote them.

There is still much more mockery to come because someone is still on stupid and thinks they have a case.  You would think certain persons would recognize just how close they came to having a different outcome but…

Actually, most intelligent people would have recognized how close they came to being in a much more dire situation than before had the Judge ruled the other way. They would take stock to count their blessings and change course. But then again, what do you expect from someone who plays video games and lives in a motel room with an expensive cat.

9 thoughts on “Post Judgment thoughts

  1. I suspect the reason the court didn’t want to touch the application of charges and civil malicious prosecution is because the courts fear opening a can of worms. Many women make false claims against men whether it be domestic violence or rape and they want to continue to sweep false charges under the rug without routine civil lawsuits following. Most men falsely accused will never seek civil remedies and they want to keep it that way. The system is designed that way.

    As for Schmalfeldt, my guess is after finding him in breach one of the factors was Schmalfeldt couldn’t damage Hoge or his reputation. He has no credibility or influence to cause any damage was the court’s thought process. I wouldn’t consider that winning to have been adjudicated as impotent in reach and influence to damage.

    Schmalfeldt and Kimberlin are like the age old question: “If a tree falls in a forest and no one is around to hear it, does it make a sound?”

    Liked by 3 people

    • Not for nothing, one woman who made such “false claims” in an application for charges against her husband is named Tetyana Kimberlin. Both Kimberlins have said so, and Schmaleldt claimed that it was due to her being a maniac.

      Liked by 5 people

  2. Very well said, MJ. I don’t have a seal of approval, so how about a toast of my Chianti instead?

    I commented over at Hogewash! that if Kimby and Schmalballz were smart, they would do their best to just disappear, but they are not that smart. Especially Schmalballz. He doesn’t seem to realize how big a bullet he dodged today. That’s OK. Let him crow like the Dumbfuck he is. As he is racing towards an 0-8 record in his own cases.

    There is light at the end of the tunnel, Team Kimberlin. Best hope it’s not an oncoming train.

    Liked by 3 people

  3. Proving all this stuff is really hard. The one downside is that now the Kimberlins may decide they can file false charges with impunity. Enough of that, the prosecutors may eventually charge them with providing false information, but I expect that would it take a lot false filings to reach that level.

    Liked by 3 people

  4. That table may point to the possibility that the Cabin Boy™ is trying to drive his web traffic so low that he can claim he never defames anyone because nothing he publishes is seen by a third party.

    Liked by 5 people

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