Motions from Inside Prison

Brian filed a letter with the Clerk of Court on August 30, in which he petitions the court:

Please have the court schedule a hearing at the earliest convenience.  I have filed several motions needing to be heard as soon as possible.

Filed with the court in a letter dated August 1st and pursuant to 15A-1242, I elect to represent myself.  Without further delay, please schedule a hearing for this motion.

I also move for a Speedy Trial.  Without further delay, please schedule a hearing for this motion.

The laptop that was seized as prosecutorial evidence contains medicine research notes that will be used as evidence by the defense.  Therefore, please hear my Motion to Preserve evidence, and order that the laptop be turned over to defense in preparation for trial.  Without further delay, please schedule a hearing for this motion.

Additionally, and consistent with the court determination of my indigent finances, I move for the court to pay for expert witness testimony regarding neuromedicine research at a rate of $700 per day, which is a discounted rate for a colleague of the medicine research community.  Without further delay, please schedule a hearing for this motion.

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Discovery?

The DA finally met Brian’s request for discovery – with eleven partial pages of at least five different documents, two pages of which are virtually duplicate.  Click here to read for yourself what the DA intends to introduce as evidence against Brian:  A search warrant based on hearsay is included, but notably missing is any reference at all to a bag of mushrooms – which was the probable cause for the June 21 arrest.

Brian’s laptop, which was also seized, is missing from the discovery, as is the chain-of-custody for their evidence.

The DA is prosecuting Brian for three felony charges in two separate cases:

  • 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
  • 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.

The DA claims that SBI produced LESS than .1 (that’s point one) grams of DMT from the entire destruction of Brian’s lab and its contents.

How much is LESS THAN .1 grams?  And how is the DA is going to argue that Brian’s WHOLE LAB AND INVENTORY was set up to manufacture DMT?

Did the Ashe County Sheriff’s Office have Brian Aberle’s entire lab destroyed – ahead of any hearings or trials – just to prove that plants have DMT in them?  Is the DA savvy to argue 116 grams of liquid DMT?

If you want to offer your expertise, Brian needs expert testimony.

 

Rampant Filth & Disease in the Ashe County Detention Center

The jail is very dirtyit has been unclean and mismanaged for a long time.  There is currently an outbreak of ear infections and skin infections.  In my dorm of 20 men, five have ear infections (including myself – I need antibiotics – external antibiotics failed so now I am on oral antibiotic ‘sulfamethoxazle’.

The skin conditions are even more numerous.  The nurse, Julie Foster, (a kind person) is busy.  She often prescribes an antihistamine first, fruitlessly, then external antibiotics mostly fruitlessly, then amoxicillin or the thing I am on are taken orally.

There is a lice outbreak in the female dorm.

OVER HALF THE DORM IS SICK.  I put in a request to waive the $20 nurse visit fees during this time of epidemic sickness in the jail.

I would push to get the Dept of Health to investigate the jail beginning in Dorm ‘F’ where air samples will fail.  However, I cannot do those things myself.”

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

“Many inmates with infections do not want to pay medical fees. Given the current epidemic that the nurse Julie Foster does recognize, most medical fees are now being waived in “F” dorm.  It may be a combination of two problems:  Bacterial, and a form of scabies.  We need the Dept of Health to inspect whether the cause is from the water, food preparation, or air ducts.

Julie Foster is working to solve the problem while Chief Jailer Captain Sharon Price is working to conceal the problem, angrily denying facts of liability in the presence of myself, the nurse, and guards. 

F dorm is housing mostly inmates from Cauldwell County, and predictably they show signs of infection, digestive disorders, and skin conditions within 10 days in the facilities.”

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

“In F dorm, there is a permanent puddle under the common sink.  The painted cement floor is very slippery when wet.  I saw 60 year old Kevin Drew slip and fall – he was hurt for a week.  The skylight also leaks when it rains.

Thick dust clings to every vertical surface – walls and pillars – 15 feet high.  Filth on horizontal surfaces – especially in the air ducts – is even thicker accumulation.  It appears that the ventilation system is badly in need of service.  Ventilation and temperature are affected by closing the food trap near the door:  It has been closed to punish us for reaching out the hole to obtain sheets and bedding.  Closing the trap door restricts air flow and raises the temperature.

We also have been punished by being forbidden access to the broom (someone misused the broom handle to lift water bags).  There is no trash can in the dorm. Sometimes there is a trash BAG, but sometimes there is even no trash bag and trash piles up in that spot.

If there is ever soap at the sink, it’s only because an inmate put it there.  Most often there is no soap at all because prisoners use it to wash clothes:  The weekly laundry service is often delayed and always smells musty, inspiring inmates to wash their clothes by hand.  Occasionally there are gnats in the shower area. The mop is only available every few days. Disinfectant spray has only been brought to the dorm 1 time during my stay.

The jail issues a denim outfit for inmates to wear.  Inmates must rely on care packages, usually from friends and family, to obtain things like socks, underwear, or a shirt.  The jail issues an inmate ONE single denim outfit, creating a crisis when attempting to obtain clean laundry – inmates can’t go naked while their clothes are being washed, so many prisoners simply do not wash their clothes, and some wear bed sheets while awaiting clean clothes – an incredible liability in a place where fights break out frequently.”

 

Notes from the investigation

The Ashe County Sheriff’s Office just got served a lawsuit.  Seems like the felonious problems with their last sheriff won’t just end in public outrage and a sweetheart plea – there is now the civil matter of “flagrant and unlawful abuse of power” wherein “former employees who dared to speak truth to power faced unlawful consequences in the form of retaliatory firings, malicious prosecution, and a defamatory public relations smear campaign.”  If that’s how the ACSO treats its own employees, how does it treats its prisoners who try to speak truth to power?  And what was going on that one of the plaintiffs is a four-year-old child?

1.  They found two 10 kilo bags of peganum harmala – almost gone – evidence suggests that this was NOT a DMT lab but an Acetyl-cholinesterase-inhibitor (AChI) medicine lab – which is consistent with the research publication he has made at ResearchGate.net.

2.  Brian is also researching anti-depressant alternative natural medicines.  DMT is an analog of serotonin.  SSRI’s and sNRI’s work by indirectly raising serotonin levels.  Yopo seeds and some grasses contain serotonin (and DMT) – one extraction pulls both but then they must be split.

3.  Brian has posted very detailed answers about extraction and splitting of the medicines found within Syrian rue (peganum harmala).  He is looking forward to using evidence from his laptop for his defense.

Criminal Injustice

My name is Brian Aberle.  I am a chemist and plant medicine researcher. I have professional experience in oncology with Siemens Medical and management-level experience in health care systems at Kaiser Permanente.  I research natural plant medicines that are alternatives to pharmaceutical anti-depressants.  I publish a website about my work:  http:\\SyrianRue.org\happy.

I also research plant medicine to cure neurodegenerative diseases like Alzheimer’s, which are generally treated with a class of medicine called Acetyl-Cholinesterase-Inhibitors (or AChI’s).  I published a Ph.D. level thesis outline titled “Neurodegenerative Disease Cure 2018” at ResearchGate.net where I publicly answer chemistry questions about my work.  I have posted answers about how to properly neutralize caustic mixtures for environmentally safe disposal as well as more advanced questions about how to isolate individual alkaloids such as harmaline found in Syrian Rue.

Shortly after I relocated to Ashe County, deputies of the Ashe County Sheriff’s Office illegally searched my home.  North Carolina does not recognize my California medical permits, and the illegal search yielded marijuana, most of it decarboxylated, which makes it orally active, and has been found to be the most effective form for cancer treatment or use as an AChI medicine.  Although it was discovered illegally, and despite the fact it was not being sold, I plead guilty to two felonies and was placed on probation.

I was assigned to a probation officer named Timothy Moretz.  When I introduced myself to Officer Moretz, I explained to him my work in chemistry,  and how I research the effects of plant medicines on neurotransmitter levels in the brain – how anti-depressants such as SSRI’s, SNRI’s, and MAOI’s work by raising serotonin and DMT levels, which exist naturally, or endogenously, in the human brain.  And that some plants such as Yopo contain both serotonin and DMT…  Timothy’s response to me was that “the world is overpopulated” and that “advancements in healthcare and medicine are to blame”.

After being on probation for about a month, my home was once again maliciously raided and aggressively searched.  On June 21, 2018, Timothy Moretz overstepped the law and with nine other officers, came into my home unannounced and for two hours searched my house.  One of the officers produced, a small amount of mushrooms from within my freezer.  Officer Moretz presumed them to be hallucinogenic, whereupon he arrested me and had me charged with a felony.

I was then thrown into an isolation cell at the Ashe County Detention Center for 41 days.  I was initially deprived of phone access as well as the communication kiosk during my weekly trip to the shower.

Once Timoty Moretz had me falsely imprisoned, he returned to my home that very evening to trespass onto my property and continue his unlawful ransack of my papers, plants, my laboratory – my entire home.

Ahead of any evidence, Timothy Moretz got a search warrant from Judge Puckett, absurdly based on a statement I made to him about plants and urine containing DMT.  He returned with his absurd search warrant, and as Michael Sheron from the North Carolina State Bureau of Investigation described it, a “fiasco” ensued.

Upon the execution of Timoty Moretz’s search warrant on June 26, no shortage of emergency services were summoned:  What Timothy presumed to be an explosive device turned out to be just an oil lamp and an incense burner – as confirmed by the bomb squad, who were there after being dispatched to respond to Moretz’s emergency situation.  Three fire departments were dispatched:  Todd, Fleetwood, as well as the Meat Camp Fire Department.  The Ashe County Rescue Squad was also at the scene, along with NCSBI and the Health Department:  Timothy also falsely presumed that my chemistry equipment was a meth lab.  However, the Health Department verified it was NOT a meth lab, and refused to dismantle and dispose of anything, going so far as to cite the legal entanglement of destroying someone’s property.  This did not stop the Ashe County Sheriff’s Department from having my entire lab dismantled and destroyed.

I had in my inventory many different legally-obtained plants, seeds, tree resins, chemicals, and equipment used for the making of medicine crucial to my research.  In total, 138 items were confiscated and destroyed.  For all of the Sheriff’s Office’s destruction, they claim to have found LESS than 1/10th of a gram of DMT with serotonin in it.

After Timothy’s fiasco on the 26th, he then charged with three Class A felonies:  This time for allegedly manufacturing and selling DMT – charges even more ridiculous than the first.  However, because Timothy had upped the ante with more felony charges, my bond was then raised from the initial $50,000.00 to $300,000.00.

On August 23, 2018, WSOCTV.com reported on the evening news that the Ashe county Sheriff’s Office has been charged with “False Arrests” and “Malicious Prosecution” amid other charges of misconduct, including forcing deputies to lie in statements.  I have personally witnessed and will testify that these allegations are only the beginning of the corruption and malfeasance within the Sheriff’s Office.

I have been imprisoned in the Ashe County Detention Center since June 21st.  My case has been repeatedly “continued” now until October 18th – despite my written request to the court to speak at a hearing.  I have not had an opportunity to speak a single word before a judge-prosecutor.  According to North Carolina General Statutes Chapter 15A Article 30, the court has failed to conduct a “Probable Cause” hearing within the maximum time allowed by law.  As of August 30, lab results have still not determined if the mushrooms were hallucinogenic or simply just vegetables.

Please share this injustice with other medicine research groups or internet groups concerned with human advancement, or truth and liberty; the criminality going on in the Ashe County Sheriff’s Office must be exposed.

Thank you for reading, and God bless.

Brian needs help!

Inside many of the private, for-profit prisons, the only money prisoners are allowed to have is through JailATM.com.  It is through this account that prisoners must purchase phone/email service and other essential items.  Please take a minute to create an account and send literally anything – $.50.  Brian is “resident” #40107 of the Ashe County, NC Detention Center.

Harassment & Intimidation

On Wednesday, June 20th, two uniformed officers of the Ashe County Sheriff’s Office drove onto Brian Aberle’s property, unannounced.  When Brian approached to greet them in the front yard, they drove away without offering even a hello.  This wasn’t Brian’s first time being harassed by the Sheriff’s Office – and it likely wasn’t going to be his last.  He immediately called and emailed the FBI in Atlanta to report the harassment.  But little did he know that the next day, he’d be in sitting in solitary confinement at the Ashe County Detention Center with his house ransacked and unsecured:

On June 21, Timoth Moretz, Brian’s probation officer, came to Brian’s home with nine of his friends.  They searched Brian’s home for almost two hours before arresting him for having a small bag of mushrooms in his freezer – mushrooms which he had harvested from his front yard.

When he was taken to jail, the officers refused to allow him to get his shoes, shirt, or any money from inside the house.  They also refused to allow Brian to lock the door to his home.  His bond was set at $50,000.00.  Brian overheard their plan to return to his home and the plan was confirmed by an intake jailer.  Two more felony charges were filed against him:  One for possessing precursor chemicals and one for maintaining a home for the purpose of selling controlled substances.  His bond was raised to $300,000.00.

Brian was held in isolation under 24-hour lockdown for 41 days.  Much of this time he was assigned to the female dormitory.  By assigning him to the female dormitory, it prevented hi from outside communication.  Brian went six days in a row, then five days in a row without a shower.

On July 6th, only after filing a written grievance form and threatening Chief Jailer Captain Sharon Price with a civil lawsuit Brian was finally granted access to the phone, but only during late night hours.  Toward the end of his lengthy stay in isolation, showers became more frequent.

Brian does not sell any controlled substances:  He is in financial distress, lives without a vehicle, and pays $500 per month in rent obtained by legitimate computer networking consultation.

On the 3rd, 4th, and 5th weeks in isolation that was classified as medical Brian repeatedly attempted to be see by a nurse to no avail.  Finally on July 18, he was seen by a doctor who prescribed sleeping pills which Brian refused.  Then the doctor prescribed an antihistamine, which Brian also refused.

Brian has filed grievances through every deputy on every shift.  As the unnecessary isolation became apparent, jailers began to break protocol to allow Brian to shower in general population.  Administration still had a communication block which was witnessed by a sergeant who had never seen such a communication restriction before.

Please put an end to this gross injustice by placing phone calls to legal officials who can stop the harassment and malicious prosecution of the Ashe County Sheriff’s Office.”

The Sheriff’s Office posted their raid to Facebook, and the local newspaper ran a similar article.

Pro Se

The following letter from Brian Aberle dated August 1st was recorded with the Clerk of the Court for Ashe County, North Carolina:

Pursuant to North Carolina Code 15a-1242, I elect to represent myself.  I will retain my court appointed counsel as standby counsel, if the court will permit.

According to 15a-611a3, I wish to testify as a witness at my long awaited Probable Cause hearing.  I submit to the court that my case is misunderstood by over-zealous prosecution and some easily verifiable fact will eliminate this misunderstanding thereby justifying this:

A)  Motion to Dismiss, and this
B)  Motion to Suppress Evidence at this trial that I want to happen ASAP according to this
C)  Motion for a speedy Trial.

The evidence was obtained unlawfully according to 15a-974.  I am a credited neuromedicine researcher with clients and research publications potentially protected by code 122c-210.  Expert testimony called according to 8c-1 702 and my professional experience in oncology at Siemens Medical and management experience at Kaiser Permanente and my publications at ResearchGate.net will be the basis for my professional research qualification.

The Motion to Suppress is founded on the fact that the probation arrest was overly aggressive by definition of law in 15a-1345 as 10 officers searching my home for 2 hours produced only 3 grams of mushrooms that were mistakenly presumed to be hallucinogenic.  They came with an intent to arrest although there had been no violation of probation conditions.

According to 15a-248 “unnecessary delay” is 48 hours. According to 15a-223, 15a-242, and 15a-256 my detainment duration is far beyond “such a time as is reasonably necessary”.

15a-254 states that a list of items seized shall be produced and 15a-257 states that the list shall be produced “without unnecessary delay”.  However, officers continued to search my home while I was imprisoned – a violation of 15a-251 which states that an officer may break and enter a home by force only when admittance is denied or life is in jeopardy, thereby over-stepping legal search and seizure and constituting first-degree criminal trespassing defined by 14-159.11.

Furthermore, contrary to the ideals set out for probation officers in 15-205, he violated his powers to arrest granted in 15-204. Therefore, I contest the legality of the search and the admissibility of evidence obtained contrary to law and without probable cause and good faith circumstances.  A large amount of property that is not contraband and not subject to lawful retention was taken.

The totality of fact surrounding my case suggests that the court strongly consider this Motion to Dismiss or at a minimum not condone the unlawful gathering of evidence by granting this Motion to Suppress, thereby upholding the law and supporting honest medicine research.