Month: November 2018

November 30, 2018

Now comes Brian Aberle with this affidavit of factual testimony filed with the Clerk of Court and served to the District Attorney.

I am a neuromedicine researcher and a highly accomplished computer science expert. I expect that we can be of assistance to each other with our common desire for justice and social advancement. Please bear through a summation of my background and accomplishments that lead up to my incarceration for 1/10th of a gram of DMT – which has derailed all of the breakthrough work that I was engaged in. I am a poster-child for how the war on drugs is hindering the advancement of science and medicine.

I have professional experience working for Siemens Medical Systems and management for Kaiser Permanente where I was a Systems Architect that presented proposed plans to the Board of Directors. My experience in medical systems started in 1997 – working closely with physicists as I was responsible for the implementation of a linear accelerator control system used in 1/3 of all hospitals world wide.

My senior level management at Kaiser had me working closely with team leads from nearly every department. I worked closely with chemists that analyze laboratory results and test research medicines. Performing this work kindled my practice and research with holistic, shamanic, and Ayurvedic medicines which lead to cutting edge neuromedicine discoveries that I began to publish in early 2018.

Prior to the year 2000 my focus was technology. I worked as a senior level expert consultant based near Silicon Valley California where I was recognized in industry trade journals such as InfoWorlds as an expert in algorithms and accomplished in technology businesses development by providing leadership in several startup businesses ventures.

My skills in technology are largely irrelevant to the purpose of this affidavit and therefore have been summarized to save your time. The details of my notable accomplishments in technology can be found by searching the Internet for: “Resume of Brian Aberle” -you will see there that I authored the fastest XML processor in the world and that I keep that project current and relevant on all platforms making me a subject matter expert in that domain.

My interest in shamanic plant medicine began in my youth with the Morning Glory, a plant known to be associated with “divination” by Mayan and native Indian cultures. The plant is known to be a source of LSA which in modern chemistry is known to be a precursor to LSD. Steve Jobs, founder of Apple computer, claimed that LSD provided a profound influence on his life and gave him clarity of mind. Crick, who discovered human DNA was using LSD while he made that discovery. I claim that the all natural plant produced LSA gave me natural insight with science and technology.

Since the year 2000 my focus has been medicine, specifically neuromedicine. Even more specifically I am researching medicines for neurodegenerative diseases like Alzheimer’s which are treated with Acetylcholinesterase Inhibitors (AChI’s). I extract and isolate AChI medicines from plants.

The area in which my research is bordering on breakthrough is surrounding “neurogenesis” which is a relatively newly accepted fact in modern medicine – that is the birth of new neurons in the human body. Previously to just 25 years ago it was believed that neurons can only die and degenerate – and at one time earth was believed to be flat. The complex conditions which promote neurogenesis are still unknown, however some contributing factors are understood. Very recent research suggests that serotonergic transmitters bound to 5HT neural receptor sites plays a major role in promoting the conditions required for neurogenesis.

This puts Peganum Harmala (aka Syrian Rue) into a position as perhaps the most viable plant medicine in the treatment of neuromuscular diseases because it contains both a powerful AChI as well as an extremely effective MAOI (MonoAmine Oxidase Inhibitor) which inhibits MAO enzymes from metabolizing 5HT neurotransmitters therefore raising elevations of both serotonin and DMT which are endogenous, or naturally occurring 5HT neurotransmitters produced by the human body according to a synthesis rate encoded at a known location in human DNA.

Perhaps the most well known plant source of an MAOI is the Ayahuasca vine although Syrian Rue is more powerful and concentrated by weight. Traditional shamanic medicines combined Ayahuasca with other plant sources of neurotransmitters such as Chacruna which contains DMT or Yopo which contains BOTH serotonin and DMT, thereby raising the levels of these endogenous neurotransmitters by both inhibiting their metabolism and by the addition of plant produced neurotransmitters.

This is truly breakthrough research with regard to a “cure” and not merely a “treatment” of Alzheimer’s and other neurodegenerative diseases. I published a referenced outline of this research work at ResearchGate.net.  PLEASE read that publication titled “Neurodegenerative Disease Cure 2018” at ResearchGate.net published under my name – Brian Aberle.

Neurogenesis is literally growth and expansion, as well as healing, in the human brain which is linked to over-all intelligence. Upon the death of Albert Einstein, his brain was found to be larger than average – perhaps due to prolonged neurogenesis.  Michelangelo called Syrian Rue a “miracle smart nutrient”. More research needs to be done, however ignorance in the design of The War on Drugs is in opposition to human advancement.

I own the Internet domain SyrianRue.org where I publish more of my research results. The anti-depressant effects of the MAOI are discussed at SyrianRue.org/happy and the dietary requirements of an MAOI are discussed in detail at SyrianRue.org/diet. The dietary requirements are caused due to the MAO enzyme being temporarily disabled from metabolizing both the tyramine toxin and the serotonergic neurotransmitters. The dietary guidelines apply to all MAOI’s – even pharmaceutical MAOI’s, Ayahuasca, and others. The very helpful information presented may be the most comprehensive collection of MAOI dietary guidelines available on the Internet. The information is authoritative, verified and helpful – a product of research.

Additionally I have contributed to the knowledge base surrounding this amazing medicine in the circles of pharmaceutical chemists and researchers at ResearchGate.net where I answered questions in public forums regarding chemistry techniques used to isolate individual alkaloids contained in the seed of Syrian Rue. I practice environmentally safe chemistry and have also answered questions regarding the neutralization of caustic mixtures created during typical Acid/Base extraction techniques.

For the past few years I conducted most of my research from the Caribbean islands where in addition to Syrian Rue, I studied plant sources of serotonin and DMT – the naturally occurring neurotransmitters that can be increased via MAOI or plant medicines such as the Yopo seed. In search of serotonin beyond Yopo which I sourced directly in Puerto Rico and the U.S. Virgin Islands, I recently relocated to North Carolina. The higher elevations of North Carolina contain a unique variety of plant life common to only that area. I had only lived in Ashe county for 3 months, studying wild grass native to that area before I was aggressively prosecuted by the sheriffs department for my work.

My home lab was initially suspected to be a methamphetamine lab which is a common problem in the area. The Department of Health was called to my property to dismantle the laboratory however they recognized that it was not a met lab and therefore they had no legal jurisdiction to dismantle it. Next the sheriffs department decided that the purpose of the lab was to manufacturer explosives.  Three fire departments and a bomb squad were called to my property. The experts determined that there were no explosives and that explosives were not being manufactured. Next the sheriffs decided that controlled substances were being created. AChi’s and MAOI’s are NOT controlled substances.

Despite knowledge of the truth, Ashe county released a newspaper story mentioning ‘explosives’ and detective Jon Stout wrote in the police reports that the device was rendered safe. The device was safe to begin with, it wax not ‘rendered’ safe it was ‘determined to be safe’. The newspaper article also mentioned ‘drug trafficking’ despite all the evidence suggesting otherwise. My laptop was confiscated to obtain records of controlled substance sales – none were found on the laptop. The search warrant for the laptop was issued for ‘large scale drug trafficking’ despite no evidence of any. I do not sell any of my medicine research work.

My laptop contains all of my research notes and all of my contacts, phone numbers, and email addresses. The sheriffs department has been holding my laptop for 5 months now while I have been held in jail on a $300,000 bond. I need my laptop to contact my friends and work colleagues who may be able to help with the outrageous bond or by providing professional opinions about the research work I am known to be engaged in. My laptop contains evidence toward my defense – however I may not access it.

In Ashe county, the sheriffs and prosecutors are only familiar with heroin and methamphetamine prosecution technique. When 1 gram of meth is mixed with 1 gram of inactive ‘cut’ the resulting product is prosecuted as 2 grams of meth. Following, when 1 gram of meth is dissolved into 1 ounce of water, the resulting product is prosecuted as 28 grams of meth. The water is ‘cut’. This allows courts to ‘clean up’ the streets and prosecute simple possession as trafficking which demands lengthy prison sentences.

I was researching serotonin in local wild grass which contains very small amounts of both serotonin and DMT. In my kitchen were two piles of grass potentially containing a fraction of a gram of DMT and even less serotonin. Sheriffs found 320 grams of solvent that contained trace amounts of DMT. Every living thing contains trace amounts of DMT. Every dinner tray served at the county jail contains trace amounts of DMT. The naphtha solvent is not ‘cut’ because it cannot be consumed. The jail dinner tray is ‘cut’ by their own reasoning. Prosecutors are criminals for using this prosecution technique.

The small glassware in my kitchen is not capable of producing 320 grams of DMT because it would require 1000’s of pounds of wild grass. The false charges and malicious prosecution are exposed by scientific fact. The sheriffs error is based on the fact that DMT is ‘extracted’ and not ‘manufactured’ and therefore my kitchen setup was not capable of producing such large amounts.

Brian Aberle

November 30, 2018

Clerk of the Superior Court
and
Ashe County District Attorney

Upon review of the plea offer and discovery packet that I received on November 26th, I submit this counter offer and affidavit testimony.

The plea offer suggested by the District Attorney was: “Plead guilty as charged and consolidate everything into one class H felony. Receive an active sentence of 10 to 21 months as a level 3 offender. Admit probation violation and activate the 6 to 17 month sentence which shall run at expiration of the 10 to 21 month sentence for a total active time of 16 to 38 months. ”

Due to the facts of this case which follow, my counter offer is to plead guilty to “Research without a permit”, a class H felony. Receive an active sentence of 6 to 8 months run concurrent with the 6 to 17 month probation violation for a total active time of 6 to 17 months with credit for 7 months time served. Consider the following fact:

I am 46 years old and have never had a drug charge until I moved to Ashe county. I had been living in Weaverville and working from home for a coffee importer in Asheville. I was setting up an office network and a Point of Sale database for BeanWerks, Inc. Due to a breakup with my girlfriend, I was in need of a new place to live and I was without a vehicle.

My employer was pleased with the work I had done for them and therefore contacted a friend that owns property in a remote location in Ashe county where I could continue my work via the Internet. My employer also suffers from a very serious neurodegenerative disease that has at times confined her to a wheelchair. She has sought expert treatment from around the world to no avail. I had been introducing her to natural plant medicines with qualities known to alleviate symptoms of the disease that she has. Medicine research has been the focus of my work for nearly 20 years.

The location of the property was perfect to conduct my research and work via the Internet. I expressed my intent to purchase the property that the owner was willing to sell. Planning for the long term, I began several construction projects in the home such as remodeling the bathroom and building a large corner desk in the living room. The painting equipment was in the kitchen and the hallway was filled with lumber for the shelving and desk that I was building. The home was under construction.

The next door neighbor has had a long standing feud with the owner of my property. The neighbor would throw trash in his yard and their dislike of each other was decades old. The neighbor immediately voiced his displeasure with me that he now owned a home next to a rental property. He concluded that I was not welcome to the neighborhood. The mans son, Austin, apologized for his father’s hateful behavior.

I have a medical permit issued by a licensed doctor and the State of California to posses less than one pound of cannabis. I am from Colorado were cannabis is legal and previously resided in the U.S. Virgin Islands where it is decriminalized. The hateful neighbors called the police and reported that I smoke marijuana. I do not smoke indoors so he may have smelled it.

I met the sheriffs deputy in my front yard and introduced myself. The officer asked if he could enter my home and I said, “No.” My home was a messy construction zone and not fit for guests at the moment. Furthermore, I was assaulted and severely beaten by police in California in an event that left my face with permanent scarring and an elliptical torn retina which did heal. I have Post Traumatic Stress Disorder from that event and by no means would welcome police into my home since I was not on probation or parole and not required to. Ashe county sheriffs entered my home without my permission while I photographed them opening boxes and bags while searching my home illegally.

The sheriffs found 11 ounces of cannabis. I was arrested and put in jail with a $30,000 “Cash Only” bond so no bondsman could help me. Eventually the bond amount was reduced to $15,000 although still “Cash Only”. My family in Colorado sent the money to my employer in Asheville who drove 2 hours to come bond me out. During my stay in the jail I contracted some skin rash and possibly lice.

I was living in a very remote area with no vehicle. There is no taxi service, public transportation, or Uber drivers in the area. I was not able to arrange transportation to court. A few days later, sheriffs returned to re-arrest me for Failure to Appear. After another month in jail, I was willing to sign anything to be released. Under duress I plead guilty to two felonies for the cannabis, I refused to swear on the bible when the judge asked me to.

My new probation officer, Timothy Moretz, drove me home. I explained to him that I have no vehicle and that my home is a lab for medicine research. Honesty is my policy so I told Timothy that I smoke and eat cannabis to manage my Post Traumatic Stress Disorder. Timothy ranted about his hatred for marijuana. He told me that my California permits are void in North Carolina and that he will violate my probation and send me to prison if he discovers that I continue to use marijuana. Timothy also complained about the over population of the world. He told me that due to advancements in medicine and health care the worlds over population epidemic is getting worse. He threatened to send me to prison at his first opportunity.

Timothy made it clear that his threats were real. Timothy had judged me and found me guilty, he did not believe that I had honest employment and he was aware of my criminal charges from the past. I was an unwelcome refugee from California. Shortly thereafter, sheriffs deputies began parking in my driveway then driving away when I approached them. I knew the threat was real and I know that an unjust prison sentence put my life in jeopardy.

In fear for my life, I contacted the FBI to report prejudicial malicious prosecution. Twice I was on the phone with the FBI in Atlanta to report the harassment because my emails to the FBI had fallen on unresponsive deaf ears. Finally on the morning of June 21, I called the U.S. Secret Service in North Carolina to report that the FBI was not being helpful. How is a person supposed to call the authorities to report police harassment? I tried….to no avail.

On June 21, Timothy Moretz came to my home to arrest me. They had no reason for arrest. They searched my home for hours before they found two small bags of mushrooms in my freezer. They assumed, incorrectly, that the mushrooms were hallucinogenic. They were not.

Both bags of mushrooms were very small, about 3 grams each. Surprisingly, laboratory results from both bags of mushrooms were not contained in my discovery packet. The proof that the mushrooms were not hallucinogenic had been either removed or omitted from the discovery packet. Furthermore, detective Jon Stout falsified statements in the report he filed. Detective Stout claims that I confessed to purchasing pounds of hallucinogenic mushrooms and extracting oils from them that I inject intravenously via hypodermic needle. This is a complete fabrication.

The lies in detective Stout’s report seemed plausible to him however mushrooms do not contain oils and administration of them by needle is unheard of. The locally sourced wild mushrooms in my freezer were not a controlled substance. I have no needle marks anywhere on my body and healthy veins because I do not inject any substances. Detective Stout is mostly familiar with methamphetamine which can be administered intravenously and plants like cannabis which do contain oils which can be extracted. His incorrect assumptions exposed his lie. Furthermore, the initial discovery packet obtained by Garland Baker did not contain Stouts fabricated report and the date that the report was written was left blank while the date of the incident was supplied.

I use syringes in my medicine research laboratory to siphon and transfer small amounts of fluids, not to inject myself as detective Stout assumed. The 3 grams of edible mushrooms in my freezer were the only mushrooms in my home. Anyone with a portabella in the fridge is not safe with a detective like Jon Stout wearing a badge. Detective Stout is a liar who threatens honest justice and American freedom. His crime against Truth should be punished to prevent future failures of justice in Ashe county.

138 items plus my laptop were confiscated from my home. All of the evidence suggests small scale medicine research and not large scale drug manufacturing. The search warrant was issued for “large scale drug trafficking”. The only controlled substance found was LESS THAN 1/10th of a gram of DMT, which in fact was likely in part serotonin. The very tiny research extraction results were photographed within the discovery as: /users/hp/desktop/Todd-Lab/DMTShards.jpg in an image which shows that the entire yield of the extraction was about 1/10th of a gram. Many other photos document the extractions and concentrations of MAOI’s and AChi’s and incense from Syrian Rue.

Every single step of the lab work completed was documented by photograph on the laptop. In my kitchen were piles of locally sourced wild grass that were the subject of my medicine research. The two 10 kilogram bags of Syrian Rue were nearly empty – they were being used the most in projects that do not create controlled substances. It was those extractions that are being used to help Gudrun Casper who has sought expert doctors in the U.K., Germany, and the United States to treat her neurodegenerative disease.

Furthermore, the documents contained on the laptop include “Neurodegenerative Disease Cure 2018” which is a Ph.D. level outline of my findings. That document, and others, indicative of my work are not included in the discovery packet. The selection of documents does not honor truth or justice, it honors deception and malicious prosecution. Additionally, the State Crime Lab reports identified trace amounts of DMT that remained in the naphtha solvent after the 1/10th of a gram had been extracted. Those trace amounts were measured by molecule count – not by weight measured in grams. Detective Stout misrepresented the data by counting the entire weight of the solvent as 320 grams of pure DMT – a gross and inexcusable inaccuracy based on malice not ignorance.

Honest justice does not need to be deceitful. Jon Stout failed to create believable lies due to his lack of knowledge regarding mushrooms and DMT. How many people has he sent to prison based on falsified statements?

The administration of Ashe county jail put me into a solitary confinement isolation cell for my first 40 days in the jail. My first phone call was finally allowed after 30 days. My bond was set at $300,000. I was only allowed to shower 1 time per week for the first two weeks. I was subjected to nonstop outbreaks of lice and skin rashes. For 3 felony charges i requested court appointed counsel that withdrew from my case because I elected self representation for the second 3 felony charges that were filed 77 days after my initial arrest and 3 days after I called the department of Health to inspect the jail. I was without the appointed counsel that I requested and the jail provides no law library or legal reference books besides the definition of the charges for which a prisoner is accused. I filed a motion for a Probable Cause hearing that was refused by the District Court.

The owner of the property where I was staying was stuck with a partial construction project and a mess due to the malicious prosecution. I had pending work contracts that I had invested a tremendous amount of time into, all my work has been lost. Over $4000 in laboratory equipment was destroyed. My equipment was legal to obtain and posess without research permits because it was used to create many essential oils and unregulated plant extracts. The front page newspaper article mentioned explosives and drug trafficking, it was a defamation of my character.

Finally, federal sentencing guidelines recommended that 1 gram of DMT carry a punishment equal to 100 grams of cannabis, therefore 1/10th of a gram ought to be punished equivalently to 10 grams of cannabis. This federal guidance was created for authorities that are ignorant to the nature of DMT. Those guidelines differentiate substances like PCP which carry severe penalties for a single gram.

Clearly I am a victim of more than mere ignorance and I do not deserve more punishment so please accept my counter offer.

Brian Aberle