Mite be Scabies

I was threatened in front of the whole dorm:  I told the jailer that this [lice] outbreak is the fault of the administration here – and a deputy went off!  Yelling and threatening to have me “sent to the hole for my opinion” – he was pissed.

The inmates moved away from the deputy and encouraged me to do likewise; they feared that I would be beaten off-camera, then accused of assaulting the jailers:  I was not even disrespectful when I stated that uncleanliness lead to the outbreak, and that the administration is responsible for the cleanliness [of the detention center].

There is plenty of debate in this dorm about mites or scabies being in here – there seems to be more than lice:  There is an unknown skin condition affecting about a third of us. One person has what several of us think is a staph infection.  Another person has a positively identified case of ringworm – and has been given the correct anti-fungal medicine for it.

After my first arrest for marijuana – my landlord told me that several of the guys he works with from this area were arrested and held for 72 hours – and they came out of the jail with lice.  This is a VERY reoccurring problem here in the detention center, and the administration has “their own way of handling it” – which some might call insufficient.

Some family members are complaining from the outside.  One prisoner here – his mother worked in another jail for McDowell County, so she called a sergeant at that county to get resources about lice outbreaks.  It was not handled properly here – when she worked as a jailer at McDowell County, lice outbreaks were handled much differently.

They made everybody strip their bedding and sit around in underwear for about five hours today – when the laundry came back, it was still damp.  There is a rumor that we will all be forced to shave our heads bald – or be moved to isolation if we refuse.  Since I have court tomorrow, I may choose isolation and treat my infected scalp properly – certainly if I am released.

We are all itching.  We constantly ask for cleaning supplies – and we are constantly denied.

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Discovery #2 of 3 – and Counting

This won’t be the last discovery; Motions to Compel notwithstanding, still missing are the lab results from the mushrooms, i.e. the probable cause for the original arrest.  Interestingly about the mushrooms that Brian harvested from his front yard, while they likely contained no psilocybin, they absolutely contained DMT.

Brian has truth and righteousness on his side, ACSO has search and seizure warrants based on hearsay if anything at all, and the public is witness to how they could be treated by ACSO.  As for the spectacle of how ACSO handles its business, certainly its “Grievance Process”:  I bet Sheriff Hartley is looking forward to December 31st.

Brian has his biggest “hearing” to-date tomorrow.  His third in as many weeks, in as many months.  I hope he gets to go home.

I still haven’t heard from the Sheriff.  He got my letters last Thursday.

No Grievances? No Problem!

My grievance was returned by Captain Sharon Price, dated Sept 18:

My request for legal reference material was responded to with “only specific information relating to your charges can be requested,” which is simply not true.  Nevertheless, I replied requesting current state and federal code, motions, and general court proceedings for reference material, plus current information regarding DMT laws:  The jail says it is only liable to give me the legal code for the crimes for which I am charged, which again is not true:  They owe defendants legal research material including case law, court proceedings, example motions, state and federal code – a typical jail or prison law library.

So, a deputy came and gave me “legal reference material” – I have been asking verbally, in writing and with grievances to get law books that will help me prepare for trial.  I was handed five printed pages of drug laws that make no mention of DMT anywhere on them.  The deputy was kind about it when I pointed out the insufficiency in what he handed me.  I had to sign that I received it, so next to my signature I put (1 of 4 requests) because the Motions, Case Law, and Federal code which I asked for were not included – and the state code that was given to me made mention of Marijuana, Cocaine, Methamphetamine, and MDMA – but nothing regarding DMT – so it is of little use.

As for all outstanding digital grievances:  The administration dismissed thousands of outstanding “grievances”. “Those grievances were not delivered,” was the reason given.  The jail rules handbook states that grievances should be filed on the digital kiosk.  That is were ALL inmates have been filing them since last year – none of which have been responded to – all of which are now deleted.

Of Lice and Men

Today (9/16), there was a confirmed case of lice in my dorm, “F”, that houses 20 men:  We were all deloused.  The female dorm had an epidemic lice outbreak just last month.  This filth is part of the punishment of a jail that provides no outside yard time with fresh air.

Just two days ago, there was some problem with the air conditioning system and the air became damp and muggy.  We keep a bucket in the small walking area that catches dripping water from the skylight; when it lands on the floor, it becomes very slippery.

Fish or Cut Bait

Brian caught the court with their pants down last week with his Pro Se defense; so this week, at his second appearance, the court accepted his dire motion to preserve evidence and then granted the DA’s request for a continuance – until the end of November!  Brian is already waiting for another hearing which is currently scheduled for October.

By the time I talked to Brian that afternoon, he was preparing for another two months inside the Ashe County Detention Center.  He’s already been there for three months.

Now, that was Thursday, but somehow by Friday afternoon, ALL FOUR of Brian’s cases were on the docket to be heard NEXT WEEK – on Thursday, September 20!  How about that?  All of a sudden, the DA has five days to make ready to indict or withdraw six felonies in four separate cases:

Case Number:  2018050638 CR  (Offense Codes on the left, Statutes on the right):

  • 3522      Felony FELONY POSSESSION SCH I CS               90-95(A)(3)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (3) To possess a controlled substance.

Case Number:   2018050658 CR

  • 3346       Felony PWIM PRECURSOR-NOT METH             90-95(D1)(1)A
    (d1)(1) Except as authorized by this Article, it is unlawful for any person to:
    a. Possess an immediate precursor chemical with intent to manufacture a controlled substance;

    9968       Felony MAINTN VEH/DWELL/PLACE CS (F)      90-108(A)(7)

    (a) It shall be unlawful for any person:
    (7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article;

Case Number:  2018050892 CR

  • 3501      Felony MANUFACTURE SCH I CS                      90-95(A)(1)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
  • 3522      Felony FELONY POSSESSION SCH I CS           90-95(A)(3)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (3) To possess a controlled substance.

Case Number:  2018050893 CR

  • 3515       Felony PWIMSD SCH I CS                                  90-95(A)(1)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

 

Here’s the short-list of the charges, color-coded for clerical error/maliciousness:

2018050638 3522  Felony FELONY POSSESSION SCH I CS  90-95(A)(3)
2018050658 3346  Felony PWIM PRECURSOR-NOT METH  90-95(D1)(1)A
  9968  Felony MAINTN VEH/DWELL/PLACE CS (F)  90-108(A)(7)
2018050892 3501  Felony MANUFACTURE SCH I CS  90-95(A)(1)
  3522  Felony FELONY POSSESSION SCH I CS  90-95(A)(3)
2018050893 3515  Felony PWIMSD SCH I CS  90-95(A)(1)

 

I’m glad the Waiting Game is over.  Methinks next is Hot Seat, or Hot Potato – maybe both.

My advice to Brian:  Don’t make the same mistake twice – don’t accept any plea bargains; ride this one out.

How the Detention Center Grievance Process “Works”

Today, I hand-wrote the following grievance on an ACSO grievance form supplied by the deputy and handed it to a deputy who had a sergeant witness that it was placed where Captain Sharon Price would get it:

**************

Name:  Brian Aberle

Date:  September 14, 2018

Problem/Issue:

All outstanding grievances on the digital kiosk that had never been responded to and remained unacknowledged for months were deleted yesterday without ever having been responded to.

Likewise my previous written grievances had never been responded to.  Nearly every prisoner had open grievances that were delete without ever being answered or receipt of them ever having been acknowledged.

A proper grievance process should be signed “received” by an officer and responded to within a reasonable time.  During my stay here there has been no grievance process and no access to current state and federal legal reference books.

**************

The ACSO grievance form has a signature line, which I signed.  It also has a section titled “Response” and nothing else on it.  I also have a grievance form from another county.  It has several more items on the form including:

  1. Time along with the date filed by inmate,
  2. Cell location,
  3. Date Received,
  4. Officer signature,
  5. Resolution,
  6. If rejected – a rejection code, rejection justification, and date,
  7. Grievance Officer signature

 

Motion to Dismiss Retaliatory Charges

Brian has his second hearing today for his second round of felony charges.  Brian is moving to have them dismissed:

Sept 12, 2018
Now comes Brian Aberle, represented Pro Se, with this Motion to Dismiss.  These three felony charges were filed with Malice, Ignorance, and possibly Retaliation.

Malice – because they are nearly duplicate charges. They are nearly the same charge filed differently.  This is nearly double jeopardy.  This charge is also filed to be intentionally misleading because when a fraction of a gram is dissolved in 320 grams of liquid, the weight of the liquid is irrelevant.

Ignorance – because DMT is only one of the neurotransmitters present in the solution, along with the object of my research – serotonin.  Both are found naturally in the human body and in plants.  The District Attorney currently has DMT in his body.  Should he be charged for manufacturing 170 pounds of DMT, or would that be an incorrect charge?

Retaliation – because these charges were filed immediately after I called the Department of Health to inspect the jail due to over 50% of ‘F’ dorm having bacterial and skin conditions contracted while in custody.

Tiger by the Tail

Officer Chris Eldreth never called me back, but Sheriff Jim Hartley did:  He advised that I put my grievance in writing and mail it to him, so I did:  Certified mail goes out tomorrow, and emails have already been dispatched.  I post my grievances here for the record, and because I’m concerned about Brian’s safety and well-being.

My first grievance concerns the abjectly unprofessional treatment I received from Officer Chris Eldreth on the morning of Friday, September 7, 2018:  I agree with Officer Chris Eldreth’s assessment that if I was physically in Ashe County, I would be unable to oppose the violence of ACSO – I hope my 1,500 mile distance is enough of a firewall to keep the boots of ACSO off my neck.

My second grievance concerns the incomplete and out-of-date contents of the legal library at the ACSO detention center:  By all accounts, the condition of the law library, and possibly the detention center as a whole, is abysmal.

Traffic on this site is overwhelmingly coming from the local community, and largely by way of GoAshe.com, so I know his message goes out to all of Ashe County when I say:   The comments section is open, and you may give your story here anonymously, without fear of reprisal or retribution.

How the ACSO Grievance Process “Works”

I called the ACSO this morning to file a grievance with them about the condition of their legal library in their detention center:  Their library is grievously out-of-date and incomplete.

After calling them back (they put me through to voicemail first), I was transferred to and greeted on speakerphone by at least one person who identified himself as Officer Chris Eldreth.

I introduced myself to Officer Eldreth and thanked him for helping me to file a grievance.  I explained to him the nature and substance of my complaint, and I told him I am looking for two things from the grievance:

  1. I’d like to know who is responsible for the legal library in the detention center.  If it’s not ACSO, then who?
  2. I’d like to have an inventory list of the legal library in the detention center.

When I asked Officer Eldreth how the grievance process gets started, he didn’t answer my question and instead began to interrogate me very aggressively.  For a few minutes, I answered his barrage of questions, despite his hostile interruptions.

After Officer Eldreth had refused to answer every single question I asked him, I finally asked him if he was going to refuse to accept my grievance.

Silence.

So I asked the question again:  “Are you refusing to accept my grievance?”

Still no answer.

I asked him if we were on a recorded line, and for a third time, “Officer Eldreth, are you refusing to accept my grievance?”  Finally, he answered my question – by hanging up the phone.

The secretary sounded confused when I greeted her for the third time:  I called back – maybe the call got disconnected…  She put me through to Officer Eldreth – and I got his voicemail.

How’s THAT for a grievance process?

Breakthrough Hearing

Brian’s two new felony cases – retaliation and punishment for a complaint to the Department of Health – were slipped into the Add-on docket of today’s Regular docket of the Main Courtroom.  The Add-on docket is for last-minute, unplanned cases – Brian’s case, as of today, is 77 days old – and he is still being held at the Ashe County Detention Center.

There are no transcripts or audio recordings from the District Court so only those present witnessed Brian wisely represent himself Pro Se, thus forcing the court to finally recognize him; he has thus far been denied an appearance before a court – in fact, he has not even been indicted on the first two felony cases.

Finally in the presence of public court, Brian reiterated his motions and filed them again with the Clerk of the Court and the District Attorney, which are republished again here:

“September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion To Preserve Evidence. Specifically, the laptop that was confiscated by ACSO contains my research work.  I research and publish in BOTH technology and medicine forums on the internet promoting academic and industry advancement.  My technology work is published at CodeProject.com under the project titled XMLFoundation and my medicine research is published at ResearchGate.net under the project titled “Neurodegenerative Disease Cure 2018”.

I need the laptop returned in the same condition it was taken – specifically do NOT wipe the hard disk and do NOT erase browser cookies containing website login information.

In the interest of justice and honest defense, as explained to the court on September 6, 2018 please order this Motion To Preserve Evidence and return the property to the defense since the prosecutorial team has had it in their possession for 77 days and had ample opportunity to seek for evidence of narcotic sales which I know for certain does not exist on the laptop because I do not sell the small amounts of research items I experiment with.

September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for Discovery.  This motion was presented orally to the court on September 6 after asking the District Attorney if the 3 new felony charges were based on new evidence.  The District Attorney refused to answer the question, therefore I pray the court orders prosecution to release all evidence to myself without further delay.  The delays to date have been unacceptable and can no longer be tolerated because we are now under the time restraints of the Motion for a Fast and Speedy Trial which was also spoken orally to the court on September 6 and served in writing to the District Attorney, the copy served to the DA was marked received by the Clerk of Court on August 7, 2018.

September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for a Fast and Speedy Trial.  This motion was first filed in a letter dated August 1, 2018 and received and filed with the Clerk of Court on August 7, 2018 along with my motion to represent myself Pro Se pursuant to 15A-1242.  This motion asserts and reaffirms intentions filed on August 7, 2018.

September 6, 2018
Clerk of Court:
On September 6, 2018 Brian Aberle was before the court and on that day the District Attorney claims he did not receive documents that were marked received by the Clerk of Court on August 7, 2018.  I served him with my only copy of these documents other than the handwritten originals which are still in my possession.  Please mail me copies of these documents and copies of all Motions, Statements, and Letters on file with the Clerk of Court for the case of Brian Aberle who is represented Pro Se.

Thank you for your time on this important matter.”

In Brian’s own words:

I just got back from court.  I hope to God that the news was there.  I elected to represent myself in front of the courtroom.  I asked what my maximum sentence was:  130 months on just the three felonies that were before the judge.

First things first – Motion to Preserve Evidence – I told the court I am a medicine researcher and that the laptop contains evidence essential to my defense.  The judge said that the motion must be served to the DA’s office, I said “I thought that a motion filed with the Clerk of the Court is serving the DA.”  The judge was unsure of the procedure.

I said, “Since there were three new felonies filed, was there any new evidence?”  The District Attorney could not say or did not know?  WTF?  So I filed a Motion for Discovery of Evidence.  The judge said that the motion must be filed with the DA, I said it already was, and I have that motion right here stamped ‘received’ by the Clerk of the Court.  I served my copy to the DA right there.

The judge recommended that I use appointed-counsel.  I asked if I could retain my previously-appointed counsel as standby counsel.  The judge said, “I don’t think that North Carolina allows that anymore.”  I told him that the jail only gives me access to a law book that is 25 years old – and that book says that the court can appoint counsel as standby.  I asked the court to have the jail give me current legal reference – the judge said, “I don’t know what the jail must provide you with.”

See if the court proceedings were recorded, and if can you obtain the transcripts.

I hope the news was there.

God was with me.”