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.