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
Guilty Until Proven Wealthy 