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.

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)

 

 

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.

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 aggressively interrogate me.  For a few minutes, I answered his barrage of questions, despite his repeated and hostile interruptions.

Officer Eldreth refused to answer every single question I asked him – so I finally asked him if he was also 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.”

 

Retaliation for Complaint to Department of Health

On August 31st, an inspection crew from the Department of Health came to the jail to conduct a surprise inspection; a day earlier, a complaint (#88808) was filed for unsatisfactory sanitation at the detention center.

The inspection crew came into Brian’s dorm – F dorm – for less than one minute, lead by Chief Jailer Captain Sharon Price.

Later that evening, in front of several inmates, Captain Price by-way-of Sgt. Calloway threatened to punish Brian with administrative segregation for causing trouble with Department of Health.

Over the holiday weekend, the press made an inquiry to Captain Price about the complaint.

On Tuesday, September 4th, Brian was charged with three more felonies in two more cases.  Brian now has a total of SIX felony charges pending against him in four separate cases.  His first hearing for these three new charges is scheduled for Thursday, September 6th.*

Here are the additional charges being brought against Brian as retaliation for filing a complaint with the Department of Health:

  • 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.
  • 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;

 

* On the 9/6 docket, Brian’s cases appeared in the “Add-on” docket – a special, last-minute docket the court produces which is not widely available.

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