Criminal Injustice

My name is Brian Aberle.  I am a chemist and plant medicine researcher. I have professional experience in oncology with Siemens Medical and management-level experience in health care systems at Kaiser Permanente.  I research natural plant medicines that are alternatives to pharmaceutical anti-depressants.  I publish a website about my work:  http:\\SyrianRue.org\happy.

I also research plant medicine to cure neurodegenerative diseases like Alzheimer’s, which are generally treated with a class of medicine called Acetyl-Cholinesterase-Inhibitors (or AChI’s).  I published a Ph.D. level thesis outline titled “Neurodegenerative Disease Cure 2018” at ResearchGate.net where I publicly answer chemistry questions about my work.  I have posted answers about how to properly neutralize caustic mixtures for environmentally safe disposal as well as more advanced questions about how to isolate individual alkaloids such as harmaline found in Syrian Rue.

Shortly after I relocated to Ashe County, deputies of the Ashe County Sheriff’s Office illegally searched my home.  North Carolina does not recognize my California medical permits, and the illegal search yielded marijuana, most of it decarboxylated, which makes it orally active, and has been found to be the most effective form for cancer treatment or use as an AChI medicine.  Although it was discovered illegally, and despite the fact it was not being sold, I plead guilty to two felonies and was placed on probation.

I was assigned to a probation officer named Timothy Moretz.  When I introduced myself to Officer Moretz, I explained to him my work in chemistry,  and how I research the effects of plant medicines on neurotransmitter levels in the brain – how anti-depressants such as SSRI’s, SNRI’s, and MAOI’s work by raising serotonin and DMT levels, which exist naturally, or endogenously, in the human brain.  And that some plants such as Yopo contain both serotonin and DMT…  Timothy’s response to me was that “the world is overpopulated” and that “advancements in healthcare and medicine are to blame”.

After being on probation for about a month, my home was once again maliciously raided and aggressively searched.  On June 21, 2018, Timothy Moretz overstepped the law and with nine other officers, came into my home unannounced and for two hours searched my house.  One of the officers produced, a small amount of mushrooms from within my freezer.  Officer Moretz presumed them to be hallucinogenic, whereupon he arrested me and had me charged with a felony.

I was then thrown into an isolation cell at the Ashe County Detention Center for 41 days.  I was initially deprived of phone access as well as the communication kiosk during my weekly trip to the shower.

Once Timoty Moretz had me falsely imprisoned, he returned to my home that very evening to trespass onto my property and continue his unlawful ransack of my papers, plants, my laboratory – my entire home.

Ahead of any evidence, Timothy Moretz got a search warrant from Judge Puckett, absurdly based on a statement I made to him about plants and urine containing DMT.  He returned with his absurd search warrant, and as Michael Sheron from the North Carolina State Bureau of Investigation described it, a “fiasco” ensued.

Upon the execution of Timoty Moretz’s search warrant on June 26, no shortage of emergency services were summoned:  What Timothy presumed to be an explosive device turned out to be just an oil lamp and an incense burner – as confirmed by the bomb squad, who were there after being dispatched to respond to Moretz’s emergency situation.  Three fire departments were dispatched:  Todd, Fleetwood, as well as the Meat Camp Fire Department.  The Ashe County Rescue Squad was also at the scene, along with NCSBI and the Health Department:  Timothy also falsely presumed that my chemistry equipment was a meth lab.  However, the Health Department verified it was NOT a meth lab, and refused to dismantle and dispose of anything, going so far as to cite the legal entanglement of destroying someone’s property.  This did not stop the Ashe County Sheriff’s Department from having my entire lab dismantled and destroyed.

I had in my inventory many different legally-obtained plants, seeds, tree resins, chemicals, and equipment used for the making of medicine crucial to my research.  In total, 138 items were confiscated and destroyed.  For all of the Sheriff’s Office’s destruction, they claim to have found LESS than 1/10th of a gram of DMT with serotonin in it.

After Timothy’s fiasco on the 26th, he then charged with three Class A felonies:  This time for allegedly manufacturing and selling DMT – charges even more ridiculous than the first.  However, because Timothy had upped the ante with more felony charges, my bond was then raised from the initial $50,000.00 to $300,000.00.

On August 23, 2018, WSOCTV.com reported on the evening news that the Ashe county Sheriff’s Office has been charged with “False Arrests” and “Malicious Prosecution” amid other charges of misconduct, including forcing deputies to lie in statements.  I have personally witnessed and will testify that these allegations are only the beginning of the corruption and malfeasance within the Sheriff’s Office.

I have been imprisoned in the Ashe County Detention Center since June 21st.  My case has been repeatedly “continued” now until October 18th – despite my written request to the court to speak at a hearing.  I have not had an opportunity to speak a single word before a judge-prosecutor.  According to North Carolina General Statutes Chapter 15A Article 30, the court has failed to conduct a “Probable Cause” hearing within the maximum time allowed by law.  As of August 30, lab results have still not determined if the mushrooms were hallucinogenic or simply just vegetables.

Please share this injustice with other medicine research groups or internet groups concerned with human advancement, or truth and liberty; the criminality going on in the Ashe County Sheriff’s Office must be exposed.

Thank you for reading, and God bless.

Brian needs help!

Inside many of the private, for-profit prisons, the only money prisoners are allowed to have is through JailATM.com.  It is through this account that prisoners must purchase phone/email service and other essential items.  Please take a minute to create an account and send literally anything – $.50.  Brian is “resident” #40107 of the Ashe County, NC Detention Center.

Harassment & Intimidation

On Wednesday, June 20th, two uniformed officers of the Ashe County Sheriff’s Office drove onto Brian Aberle’s property, unannounced.  When Brian approached to greet them in the front yard, they drove away without offering even a hello.  This wasn’t Brian’s first time being harassed by the Sheriff’s Office – and it likely wasn’t going to be his last.  He immediately called and emailed the FBI in Atlanta to report the harassment.  But little did he know that the next day, he’d be in sitting in solitary confinement at the Ashe County Detention Center with his house ransacked and unsecured:

On June 21, Timoth Moretz, Brian’s probation officer, came to Brian’s home with nine of his friends.  They searched Brian’s home for almost two hours before arresting him for having a small bag of mushrooms in his freezer – mushrooms which he had harvested from his front yard.

When he was taken to jail, the officers refused to allow him to get his shoes, shirt, or any money from inside the house.  They also refused to allow Brian to lock the door to his home.  His bond was set at $50,000.00.  Brian overheard their plan to return to his home and the plan was confirmed by an intake jailer.  Two more felony charges were filed against him:  One for possessing precursor chemicals and one for maintaining a home for the purpose of selling controlled substances.  His bond was raised to $300,000.00.

Brian was held in isolation under 24-hour lockdown for 41 days.  Much of this time he was assigned to the female dormitory.  By assigning him to the female dormitory, it prevented hi from outside communication.  Brian went six days in a row, then five days in a row without a shower.

On July 6th, only after filing a written grievance form and threatening Chief Jailer Captain Sharon Price with a civil lawsuit Brian was finally granted access to the phone, but only during late night hours.  Toward the end of his lengthy stay in isolation, showers became more frequent.

Brian does not sell any controlled substances:  He is in financial distress, lives without a vehicle, and pays $500 per month in rent obtained by legitimate computer networking consultation.

On the 3rd, 4th, and 5th weeks in isolation that was classified as medical Brian repeatedly attempted to be see by a nurse to no avail.  Finally on July 18, he was seen by a doctor who prescribed sleeping pills which Brian refused.  Then the doctor prescribed an antihistamine, which Brian also refused.

Brian has filed grievances through every deputy on every shift.  As the unnecessary isolation became apparent, jailers began to break protocol to allow Brian to shower in general population.  Administration still had a communication block which was witnessed by a sergeant who had never seen such a communication restriction before.

Please put an end to this gross injustice by placing phone calls to legal officials who can stop the harassment and malicious prosecution of the Ashe County Sheriff’s Office.”

The Sheriff’s Office posted their raid to Facebook, and the local newspaper ran a similar article.

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.

Detention Center Grievances

The “grievance system” in the detention center is Brian’s single largest grievance:  There is none.  The strategy and dysfunction set in place by Buchanan remains.  The detention center hears grievances via informal notes passed to Chief Jailer Captain Sharon Price, or via a digital, paperless kiosk (limit 3).

There are never receipts given for these grievances, in either form, and they are thereafter never again acknowledged.

This problem must be addressed in a USC 1983 Civil Rights lawsuit.

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