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Category: Malicious Prosecution

Motions from Inside Prison

Brian filed a letter with the Clerk of Court on August 30, in which he petitions the court:

Please have the court schedule a hearing at the earliest convenience.  I have filed several motions needing to be heard as soon as possible.

Filed with the court in a letter dated August 1st and pursuant to 15A-1242, I elect to represent myself.  Without further delay, please schedule a hearing for this motion.

I also move for a Speedy Trial.  Without further delay, please schedule a hearing for this motion.

The laptop that was seized as prosecutorial evidence contains medicine research notes that will be used as evidence by the defense.  Therefore, please hear my Motion to Preserve evidence, and order that the laptop be turned over to defense in preparation for trial.  Without further delay, please schedule a hearing for this motion.

Additionally, and consistent with the court determination of my indigent finances, I move for the court to pay for expert witness testimony regarding neuromedicine research at a rate of $700 per day, which is a discounted rate for a colleague of the medicine research community.  Without further delay, please schedule a hearing for this motion.

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Discovery?

The DA finally met Brian’s request for discovery – with eleven partial pages of at least five different documents, two pages of which are virtually duplicate.  Click here to read for yourself what the DA intends to introduce as evidence against Brian:  A search warrant based on hearsay is included, but notably missing is any reference at all to a bag of mushrooms – which was the probable cause for the June 21 arrest.

Brian’s laptop, which was also seized, is missing from the discovery, as is the chain-of-custody for their evidence.

The DA is prosecuting Brian for three felony charges in two separate cases:

  • 3346      Felony PWIM PRECURSOR-NOT METH            90-95(D1)(1)A 
    (d1)(1) Except as authorized by this Article, it is unlawful for any person to:
a. Possess an immediate precursor chemical with intent to manufacture a controlled substance;
  • 9968     Felony MAINTN VEH/DWELL/PLACE CS (F)     90-108(A)(7) 
    (a) It shall be unlawful for any person:
(7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article
  • 3522     Felony FELONY POSSESSION SCH I CS              90-95(A)(3) 
    (a) Except as authorized by this Article, it is unlawful for any person:
(3) To possess a controlled substance.

The DA claims that SBI produced LESS than .1 (that’s point one) grams of DMT from the entire destruction of Brian’s lab and its contents.

How much is LESS THAN .1 grams?  And how is the DA is going to argue that Brian’s WHOLE LAB AND INVENTORY was set up to manufacture DMT?

Did the Ashe County Sheriff’s Office have Brian Aberle’s entire lab destroyed – ahead of any hearings or trials – just to prove that plants have DMT in them?  Is the DA savvy to argue 116 grams of liquid DMT?

If you want to offer your expertise, Brian needs expert testimony.

 

Notes from the investigation

The Ashe County Sheriff’s Office just got served a lawsuit.  Seems like the felonious problems with their last sheriff won’t just end in public outrage and a sweetheart plea – there is now the civil matter of “flagrant and unlawful abuse of power” wherein “former employees who dared to speak truth to power faced unlawful consequences in the form of retaliatory firings, malicious prosecution, and a defamatory public relations smear campaign.”  If that’s how the ACSO treats its own employees, how does it treats its prisoners who try to speak truth to power?  And what was going on that one of the plaintiffs is a four-year-old child?

1.  They found two 10 kilo bags of peganum harmala – almost gone – evidence suggests that this was NOT a DMT lab but an Acetyl-cholinesterase-inhibitor (AChI) medicine lab – which is consistent with the research publication he has made at ResearchGate.net.

2.  Brian is also researching anti-depressant alternative natural medicines.  DMT is an analog of serotonin.  SSRI’s and sNRI’s work by indirectly raising serotonin levels.  Yopo seeds and some grasses contain serotonin (and DMT) – one extraction pulls both but then they must be split.

3.  Brian has posted very detailed answers about extraction and splitting of the medicines found within Syrian rue (peganum harmala).  He is looking forward to using evidence from his laptop for his defense.

Pro Se

The following letter from Brian Aberle dated August 1st was recorded with the Clerk of the Court for Ashe County, North Carolina:

Pursuant to North Carolina Code 15a-1242, I elect to represent myself.  I will retain my court appointed counsel as standby counsel, if the court will permit.

According to 15a-611a3, I wish to testify as a witness at my long awaited Probable Cause hearing.  I submit to the court that my case is misunderstood by over-zealous prosecution and some easily verifiable fact will eliminate this misunderstanding thereby justifying this:

A)  Motion to Dismiss, and this
B)  Motion to Suppress Evidence at this trial that I want to happen ASAP according to this
C)  Motion for a speedy Trial.

The evidence was obtained unlawfully according to 15a-974.  I am a credited neuromedicine researcher with clients and research publications potentially protected by code 122c-210.  Expert testimony called according to 8c-1 702 and my professional experience in oncology at Siemens Medical and management experience at Kaiser Permanente and my publications at ResearchGate.net will be the basis for my professional research qualification.

The Motion to Suppress is founded on the fact that the probation arrest was overly aggressive by definition of law in 15a-1345 as 10 officers searching my home for 2 hours produced only 3 grams of mushrooms that were mistakenly presumed to be hallucinogenic.  They came with an intent to arrest although there had been no violation of probation conditions.

According to 15a-248 “unnecessary delay” is 48 hours. According to 15a-223, 15a-242, and 15a-256 my detainment duration is far beyond “such a time as is reasonably necessary”.

15a-254 states that a list of items seized shall be produced and 15a-257 states that the list shall be produced “without unnecessary delay”.  However, officers continued to search my home while I was imprisoned – a violation of 15a-251 which states that an officer may break and enter a home by force only when admittance is denied or life is in jeopardy, thereby over-stepping legal search and seizure and constituting first-degree criminal trespassing defined by 14-159.11.

Furthermore, contrary to the ideals set out for probation officers in 15-205, he violated his powers to arrest granted in 15-204. Therefore, I contest the legality of the search and the admissibility of evidence obtained contrary to law and without probable cause and good faith circumstances.  A large amount of property that is not contraband and not subject to lawful retention was taken.

The totality of fact surrounding my case suggests that the court strongly consider this Motion to Dismiss or at a minimum not condone the unlawful gathering of evidence by granting this Motion to Suppress, thereby upholding the law and supporting honest medicine research.