Motions in Court

The purpose of today’s hearing was because my court-appointed counsel withdrew from my case.  He said to me privately “you are in a hole – and digging it deeper with the website”.  I disagree.  The judge granted his request to withdraw.  I asked for “standby counsel.”  The judge said that would be an issue for Superior Court, and then asked the DA when it will be bound over to Superior Court.  The DA replied, “Maybe this year, if we can get it before the Grand Jury that fast.”

The judge read all six of my charges and the time I am facing for each charge – it’s something like 20 years total.  The DA said, “It is the policy of our office that pleas are only discussed with an attorney representing the defense, never directly with the defendant.”

I asked if I could file more motions at today’s hearing.  The judge said, “You may hand them to the Clerk of Court as you leave.”  They could not be read aloud and discussed today.  Garland Baker kindly said he would hand them to the Clerk and “have them served on the DA – which makes them valid.”  The four new motions were filed properly today:

September 20, 2018
Now comes Brian Aberle with this Motion for Discovery of Brady Material.  The constitution requires that prosecution disclose to the defense exculpatory evidence within its possession or control.  Therefore, I pray the Court order the information turned over to the defense.

September 20, 2018
Now comes Brian Aberle with this Motion to Suppress Evidence.  Following an arrest for mushrooms, the search warrant obtained was based on hearsay.  Thus, all evidence collected as a result of this illegal search warrant should be considered “fruit of the poisonous tree” and be deemed inadmissible.  Therefore, I pray the Court order this Motion to Suppress Evidence.

September 20, 2018
Now comes Brian Aberle with this Motion for Release of Evidence.  The laptop has no records of sales or any information supporting illegal activity.  If prosecution does not allege that it does, I pray the Court order that the property be returned because it contains invaluable research notes and information regarding neuro-medicine that will be used by the defense.

September 20, 2018
Now comes Brian Aberle with this Motion to Compel Discovery.  Following an aggressive search for two hours by ten men, I was arrested for mushrooms suspected to be hallucinogenic.  I suspect the mushrooms were common vegetables.  There was no probable cause for such an aggressive search and suspicion which resulted in the initial arrest.  Therefore, I pray the Court order that the mushrooms and the lab results from the mushrooms be available to the defense.  Please order prosecution to follow pretrial obligations to reveal evidence because discovery responses thus far are incomplete.

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Author: Brian

https://brianaberle777.wordpress.com

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