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Month: October 2018

Mightier than the Sword

Day 12, and I am strong.

I was punished with five days in the hole for not eating, and it did not stop me despite Lt. Stan Greer telling me that I would not be released from the hole “until you eat”.  I won that standoff because deputies agreed with me.

Today, Deputy Greg Calloway threatened me – back to the hole for not eating.  He is very fat.  In front of the dorm, I told him, “If I should be punished for under-eating – then you should be punished for overeating.”  He yelled at me, “Shut the fuck up.”

Truth is a sharp s(word), a sharp word, a sword.

Enjoy this little rhyme I wrote:

I’m so square that I’m G 2
so extra dimensional that I’m G cubed
To the power of 3, I’m all G
since youth I’m original – triple O G
Truth unfictional is all I can be
so unpredictable is all you see
I’m the very first-bet from A to Z
I’m the Alpha-bet, full letter G
I obey the primary rule
a G+ grade since primary school
Look at you – you just do what they say
You failed school – with a straight A

I sling white magic
but I’m Ebonic with my slang
I Ying the worst black tragic
and I bless you with my Yang
I’m a 5 point flicker
flaming star like a Wicca
with my 6 point crew
I’m Israeli like a Jew
fluid IAM swirlin’
druid like I’m Merlin
I flag triple 7
I’m born triple 9
I flip triple 6’s
like every number’s mine
I’m 7’s so I’m root
Eunuchs know its true
I’m Magi iam Wise Man
My badge says I am fly man
I hang with the bosses
cuz I bring the gnosis
Don’t stumble on this capstone
‘cuz heaven is my Dad’s home

 

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Letter to the Court

October 11, 2018

Clerk of Court:
District Attorney:
Honorable Judge:

Regarding bond 18 CR 050313 which was forfeited. I implore your mercy and forgiveness for my failure to appear resulting in this forfeiture. I apologize for not immediately notifying the court after my absence which compounded the trouble. Although my circumstance is not an excuse, I humbly ask that you consider the circumstance surrounding this failure to appear:

I live in a very rural area with no taxi service and no public transportation. I have no drivers license and an even larger hindrance is that I have no vehicle. I was so new to the area that i had not been introduced to mg neighbors who may have been able to help with transportation. Living 10 to 20 miles from court and being unfamiliar with the roads here made walking/hitchhiking/or bicycling difficult. Regardless, i seek not to excuse my absence but to apologize for it.

That $15,000 “Cash Only” bond for the marijuana charge was extremely difficult to make. The surety signer, my employer, had to drive up from Asheville and the funds came from family in Colorado.

The subsequent case regarding my medicine research lab has a $300,000 bond which is impossible for me to make. My research findings are published online in Ph.D. medicine forums and I had expected that the rising interest in my publications would have lead to obtaining a sponsor or a research grant by now, however this lengthy incarceration has prevented that. Furthermore, at present I am unable to call upon family or friends to help me make this unreasonably high bond.

This pretrial detainment, without legal counsel, and in a facility without resources for referencing current law, case law, or general court rules and procedures leaves me significantly hindered from legal preparation.

In my current situation, the only bond I can possibly make is an unsecured appearance bond. Please find mercy on my situation and consider that my research work and nearly 25 years professional experience surrounding medicine and health care systems has the best intentions for society and the community. I submit that my case is misunderstood and the facts will reveal themselves. In the interest of justice, please entitle me to a presumption of innocence by granting me an unsecured bond.

Without any legal references I am unsure how to put myself on the court calendar to hear this motion. My resources have been unable to locate the 23rd Judicial District local rules of the District Court Division, however rule 14.1 for the 26th District states that “Attorneys requesting cases to be added should request the District Attorney to sign the addition slip” therefore this letter has been mailed in duplicate to both the DA and the Clerk of Court.

The extremely lengthy delay in my case in District Court bestows an unfair advantage to the prosecution who perpetually continues the case. Lacking reference for the 23rd District , in the 26th District rules 4.3b states that trial shall be within 30 days of charge. Rules 4.5 state factors to be considered when deciding continuances.

Rules 4.5 state factors to be considered when deciding to grant or deny a motion to continue:

a) effective assistance of counsel
b) the age of the case
c)the incarceration or detention status of the defendant

In consideration of all this, in the interest of justice, and presumption of innocence please grant this motion for an unsecured bond on the next available court calendar.

Furthermore, in the event that we can settle this matter in District Court, I am willing to negotiate. I admit to having been conducting my research without permits, however I have never been party to any sales of controlled substances neither was I in possession of any more than very small amounts consistent with research purposes. To reach a quick resolution, I will forego all civil charges against Ashe County for violation of Due Process, for Malicious Prosecution, for Defamation of Character in erroneous media publications, for confiscation of 138 items which were not subject to confiscation, and for the improper conditions during detainment. Otherwise all of these items will be submitted to the Federal US District Court in the form of a U.S.C. 1983 Civil Suit which is already largely prepared based on the history of this case which is published online at: http://www.GuiltyUntilProvenWealthy.home.blog

The ACLU is interested in representing my case. Please advise me if I should retain them or if we might come to a speedy resolution.

I hope that mercy and forgiveness might prevail between Ashe County and myself for our failures to adhere to proper procedures.

Sincerely,

Brian Aberle

Day 9 – House Divided

I feel VERY STRONG on day 9!  When I close my eyes, the colors I see are a bit brighter than usual.  I had an AMAZING dream – I was bouncing on the earth, and I kept going higher and higher – it was bizarre, as I bounced, the sun got brighter and hotter.  Then after my highest bounce, I landed high up in a mountain that was ice-covered, and the ice was melting from the extra heat that the hotter sun had caused.

I accidentally broadcast some of my thoughts.  I was wondering what day it was, and as I thought, a prisoner in ear shot of me asked another prisoner what day it was.  I won’t need to open my mouth at all pretty soon.  So, as to your question about how day 9 is going:  Wow, I want to go farther than I have ever gone before.

Much gratitude for the 1983 USC info – I know how to use it, and I will put it to good use.

My time in isolation was another fiasco for ACSO:  Lt. Stan Greer threatened me, saying that I would be released “when I eat”.  Ha!  I’m not quitting my religious practice under ACSO threats – and I communicated that to him.  Two days later, he comes and says “ok we will let you out today.”  Then he leaves me there for another three days while all the jailers take my side in the dispute of unjust punishment.

Some deputies LOVE me and some HATE me – like Calloway, who has tried to insult me at meal time in front of the whole dorm.   Some jailers petition Sharon Price on my behalf.

I won that one – I’m back in general population as of a few hours ago.

Fasting from Isolation Cell E4

Captain Price ordered my isolation for 5 days.

I feel like I am being punished for practicing my religion:  I AM a follower of the greatest prophet, Jesus Christ.  Therefore, I practice fasting according to His teachings:

  • Matthew 6:16-17 opens the discussion of fasting.
  • Matthew 9:15 instructs the disciples to fast when they are no longer in the presence of Jesus.
  • Matthew 17:21 says that prayer and fasting will cast out evil.
  • Acts 13:2-3 describes fasting in the early church.
  • 1 Corinthians 7:5 teaches to give yourself to fasting and prayer.
  • 2 Corinthians 11:27 speaks of Paul’s spiritual discipline to fast.

I also follow the Wisdom of Moses, King David, and the prophet Daniel who practiced fasting according to the Holy Bible.  I also follow the Knowledge of the Prophet Muhammad, whom God instructed to eat Syrian Rue in the teachings of the Quran – eating Syrian Rue forces a person to adhere to the dietary laws of Moses:  No pork or shellfish and very little wine or yeast leavening, for example.

I burn sacred incense like frankincense and shittim wood, or acacia, as prescribed by Moses in Leviticus 2:15-16 and Exodus 25:5-6:  Acacia was used to make the most sacred part of the Tabernacle, The Ark of the Covenant, which holds seven lamps and the Altar of Incense.

I also use the knowledge of the ancient shamans who make a sacred drink from acacia and Syrian Rue called Ayahuasca.  Additionally I use the knowledge of the Wise Men of the East, the Magi, who drink Golden Milk made from turmeric and black pepper.  Furthermore, I use the sacred Yopo seed, from the Yopo Tree, which is native to Israel.  The now-extinct natives of the Caribbean Islands, the Taino, grew Yopo Trees in their ceremonial sites in Puerto Rico.

As a US Citizen, the US Constitution guarantees my religious freedom and protects me from persecution because of my religion.  By punishing me for fasting, the Ashe County Sheriff’s Office is violating my Constitutionally protected rights.  I will fast until I cannot stand.

Day 3

I am so tired of the struggle in this jail.  Strangely, at the end of day three, I have not had a hunger pain yet – I have honestly lost the will to eat.  Perhaps I will hit 30 or 40 days with such a hunger free start – maybe finish in a hospital with an IV in my arm?  Is that what it will take for me to find justice?  I’m tired – physically very tired – but no hunger.