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Counter Offer

November 30, 2018

Clerk of the Superior Court
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


Author: brianaberle

A Chemist, Lawyer, Technician, Poet, Athlete and more

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