Motion to Release Evidence

December 18, 2018

Now comes Brian Aberle represented Pro Se with attorney Don Willey as standby counsel with this Motion to Release Evidence.

Brian’s laptop was seized by order of Superior Court Judge Puckett under false pretense of “large scale drug trafficking” according to ACSO detective Jon Stout despite no honest evidence to support manufacturing or sales of controlled substances.

The laptop contains evidence proving that the focus of Brian’s activity was medicine research. Furthermore, the area of study was primarily with regard to uncontrolled substances for use as medicine to treat Alzheimer’s and other neurodegenerative diseases. Reference attachment “A” published by Brian Aberle at ResearchGate.net

Additionally Brian is an accredited researcher in software and computer algorithms. The laptop contains proof of recent work in the area of technology research and development. See attachment “B”, titled Resume of Brian Aberle. Technology has been the only recent source of income for Brian Aberle despite the unfounded claims made by detective Jon Stout that “large scale drug trafficking” is the object of his activity.

The search warrant for the laptop was issued to find “sales records of drug trafficking”. The evidence on the laptop only serves to prove the true activity of small scale research. The lab work is documented by photos that show very small yields of plant alkaloids.

ACSO has misused their access to the laptop by modifying Brian’s Facebook account settings to no longer broadcast posts from Brian’s timeline into the newsfeeds of his 5000 Facebook friends. This change effectively cut Brian off from many of his friends and work colleagues.

Since the laptop was not used in any crime and because it is an essential tool for both the Technology and the Medicine research and development, please grant this Motion to Release Evidence. Furthermore, the laptop contains additional evidence besides the attached documents that reveal the activities of honest work.

In the interest of Truth and Justice, the defense needs access to the laptop to prepare for trial.

This document has been served by US Mail to:

Don Willey
329 Main St.
P. O. Box 1609
Jefferson, NC 28640

Clerk of Court
150 Government Cir.
Jefferson, NC 28640

District Attorney
150 Government Cir
Jefferson, NC 28640

Yours Truly,

Brian Aberle

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Motion to Subpoena

December 18, 2018

Now comes Brian Aberle represented Pro Se with attorney Don Willey as standby counsel with this Motion to Subpoena phone call transcripts made by Brian Aberle to the FBI in Atlanta and to the US Secret Service in North Carolina.

Brian had been threatened by Timothy Moretz, his probation officer. Timothy voiced his displeasure with advancement in medicine that contribute to the over population of the world. Timothy told Brian that he was aware of Brian’s criminal record and that he was an unwelcome new member of the community. Timothy voiced his disbelief that Brian had honest employment which did not require commuting. Timothy openly stated that he would violate Brian’s probation at his earliest convenience.

ACSO Sheriffs soon began parking their patrol cars on Brian’s property, then driving away when Brian approached them. Brian sent a series of emails to the FBI to report “Malicious Prosecution”. The emails fell on deaf ears so Brian placed two phone calls of nearly an hour each to the FBI in Atlanta. Please grant this Motion to Subpoena the transcripts from those two phone calls.

Furthermore, Brian also reported the “Malicious Prosecution” to the U.S. Secret Service in North Carolina in another phone call. Brian was unsure which was the proper authority to report this aggressive behavior of ACSO by the order of Timothy Moretz. This phone call should also be ordered by subpoena.

In the interest of Truth and Justice please grant this Motion to Subpoena transcripts of phone calls placed by Brian to the FBI and the US Secret Service.

The truth has been greatly compromised in this case. The search warrant was issued on false pretense. Brian was also held in disciplinary isolation for the first 40 days of his detainment and he was without access to a phone for the first 30 days of his detainment. The over aggressive and malicious behavior is obvious and Brian took measures to report the corrupt prosecution that he perceived was a threat to him.

This document has been served by U.S. mail to:

Don Willey
329 Main St.
P. O. Box 1609
Jefferson, NC 28640

Clerk of Court
150 Government Cir.
Jefferson, NC 28640

District Attorney
150 Government Cir
Jefferson, NC 28640

Yours Truly,

Brian Aberle

Fresh Changes

Calloway refused to make photocopies [of my letters] because they, he determined, are not law work.  However, my letters ARE legal work, and deputies are allowed to photocopy it for me.  Just now when I asked Calloway for two more copies, he came back and said, ‘not allowed – unless its being sent to a lawyer.’  So I showed him the list of lawyers I was sending it to – he even recognized names on the list (he also knows I don’t have a lawyer and I need one).   Basically, they don’t want me to use their copy machine as a letter-sending machine gun against Jon Stout – but they must:  I told him, “It’s like ACSO and I have each other by the throat.”  He said, “Yeah.”  I said, “Let me go and I’ll let you go and nobody gets hurt.”  Funny, no?

I obtained my copies today, and I am mailing them to the list of layers that you gave me to ask for legal advice – and representation.

Big changes around here:  Half the toilets have never worked in D dorm…yesterday we had a plumber here.

Mail delivery is being fixed:  In the past only Sharon Price and one other person had access to the mailbox – so it had to pass by her, and it delayed delivery.  Now, all deputies can get to the mailbox.

E-cigarettes are likely to be available soon

The jail has never provided “gain time” which allow prisoners flexibility within their sentence – other counties have such a program in place.  However, Ashe County purchased this over-sized jail and has been working to keep it full.  So, despite the recommendation of “sentencing credits” by NC state officials, it was never embraced in Ashe county because “a half full jail is just as expensive to run as a full jail.”