Case Number 5:2019cv00024 is on file with the US District Court for the Western District of North Carolina.
Paperwork was filed on March 7, 2019.
Tag: civil rights violation
Handwriting on the Wall
Psalm 119:126 – “They have made void the law, so it is time for you Lord to work.” I wrote it on the wall – it’s in a place where all the police see it.
I don’t have a NC address anymore – ACSO has made me homeless: I was expecting some mail at my old address…I would happily fix the mess that ACSO left that property in, but my landlord may not want me there.
I’m still growing, shedding ego, in here…epiphanies of connected dots…but this body stays sick – I still have lice/mites that cause daily scabs on my scalp – out of sight due to my hair, thankfully – I am anxious to get medication for that.
Do what you can – a phone call or two to the DA/Judge/Sheriff is more powerful and effective than you might suspect – anything that may generate a phone call may help. Thanks – hope to see you soon.
Postpone, then Bum Rush
The Grand Jury is meeting today! WFT? Given the deceitful information they will see, I expect an indictment.
Five months now and I have not even had my probable cause hearing – if convicted I can appeal based on my denied probable cause hearing. The courts also have a responsibility to appoint a lawyer for my first two cases (three felonies) – for which I have asked repeatedly: My letter requesting a probable cause hearing, a speedy trial, and standby counsel were not considered – because they say I had representation at that time, and then only “representation” can file motions.
Day 9 – House Divided
I feel VERY STRONG on day 9! When I close my eyes, the colors I see are a bit brighter than usual. I had an AMAZING dream – I was bouncing on the earth, and I kept going higher and higher – it was bizarre, as I bounced, the sun got brighter and hotter. Then after my highest bounce, I landed high up in a mountain that was ice-covered, and the ice was melting from the extra heat that the hotter sun had caused.
I accidentally broadcast some of my thoughts. I was wondering what day it was, and as I thought, a prisoner in ear shot of me asked another prisoner what day it was. I won’t need to open my mouth at all pretty soon. So, as to your question about how day 9 is going: Wow, I want to go farther than I have ever gone before.
Much gratitude for the 1983 USC info – I know how to use it, and I will put it to good use.
My time in isolation was another fiasco for ACSO: Lt. Stan Greer threatened me, saying that I would be released “when I eat”. Ha! I’m not quitting my religious practice under ACSO threats – and I communicated that to him. Two days later, he comes and says “ok we will let you out today.” Then he leaves me there for another three days while all the jailers take my side in the dispute of unjust punishment.
Some deputies LOVE me and some HATE me – like Calloway, who has tried to insult me at meal time in front of the whole dorm. Some jailers petition Sharon Price on my behalf.
I won that one – I’m back in general population as of a few hours ago.
Fasting from Isolation Cell E4
Captain Price ordered my isolation for 5 days.
I feel like I am being punished for practicing my religion: I AM a follower of the greatest prophet, Jesus Christ. Therefore, I practice fasting according to His teachings:
- Matthew 6:16-17 opens the discussion of fasting.
- Matthew 9:15 instructs the disciples to fast when they are no longer in the presence of Jesus.
- Matthew 17:21 says that prayer and fasting will cast out evil.
- Acts 13:2-3 describes fasting in the early church.
- 1 Corinthians 7:5 teaches to give yourself to fasting and prayer.
- 2 Corinthians 11:27 speaks of Paul’s spiritual discipline to fast.
I also follow the Wisdom of Moses, King David, and the prophet Daniel who practiced fasting according to the Holy Bible. I also follow the Knowledge of the Prophet Muhammad, whom God instructed to eat Syrian Rue in the teachings of the Quran – eating Syrian Rue forces a person to adhere to the dietary laws of Moses: No pork or shellfish and very little wine or yeast leavening, for example.
I burn sacred incense like frankincense and shittim wood, or acacia, as prescribed by Moses in Leviticus 2:15-16 and Exodus 25:5-6: Acacia was used to make the most sacred part of the Tabernacle, The Ark of the Covenant, which holds seven lamps and the Altar of Incense.
I also use the knowledge of the ancient shamans who make a sacred drink from acacia and Syrian Rue called Ayahuasca. Additionally I use the knowledge of the Wise Men of the East, the Magi, who drink Golden Milk made from turmeric and black pepper. Furthermore, I use the sacred Yopo seed, from the Yopo Tree, which is native to Israel. The now-extinct natives of the Caribbean Islands, the Taino, grew Yopo Trees in their ceremonial sites in Puerto Rico.
As a US Citizen, the US Constitution guarantees my religious freedom and protects me from persecution because of my religion. By punishing me for fasting, the Ashe County Sheriff’s Office is violating my Constitutionally protected rights. I will fast until I cannot stand.
Prescription for Depression
My freeworld diet was high in MAOI’s. In this place, I have become incredibly depressed – months of captivity in filth, with no sunlight, no fresh air, no exercise, and a constant threat of violence are all slowly murdering my soul.
The doctor prescribed Citalopram: I used it for about two weeks before I began to experience a side effect of twitching headaches. I asked the doctor to prescribe an MAOI due to my experience with natural MAOI’s.
He refused, and instead prescribed Zoloft.
I asked the nurse to print out the side effects for me. In my opinion, it is criminal to give out harmful drugs like Zoloft, which causes insomnia in 21% of people, nausea in 26% of people, headaches in 22% of people, and a host of other side effects.
I asked the nurse for natural antidepressants, which do not require a prescription and are not controlled substances – I want Syrian Rue. I want Golden Milk (turmeric & black pepper).
She said that is not allowed.
My depression is serious. I rarely get out of bed anymore. Some animals cannot be kept in captivity because they essentially lose the will to live – they stop eating. The food here is poison anyway – even before they poison it.
At Caldwell, a neighboring county – prisoners are known to have been punished with a water soluble poison that is gone from the body in 72 hours – this is not to kill a person, but to sicken and torture them.
The extent of the corruption is deep. One person overheard police discussing if they should plant meth on him because they didn’t find any. In his case they did not, but it’s common.
Searching a property immediately after a fresh arrest is detained in isolation is common here, too – I have met two others that had the same thing done to them.
Inside here, I feel like there is not much left that I can do to help myself.
Official Capacity
The situation I am in is unbearable. I have virtually no access to law books and I am facing 20 years while being fully self-represented.
I have been asking night shift and day shift deputies for ‘legal request forms’ – paper forms that Sharon Price says must be used for any law lookup request. Day shift, after being reminded several times, ignored my request. The night shift said they don’t even know what is a ‘legal information request form.’
Finally, I obtained a nearly impossible to obtain and official “legal request form”: I asked for the 2018 federal sentencing guidelines for DMT and a list of motions relevant in District Court.
The form was returned, answered by Sharon Price: She said she is not obligated to give me any legal reference material besides “the general statutes with which I am charged.” She is mistaken.
Additionally, she took the liberty to offer her own legal advice – which I did not ask for: Captain Sharon Price wrote, “What you need to do is request standby counsel to be appointed by a judge, as I understand that as of 9-20-18 Mr. Baker is no longer your court-appointed lawyer.”
Huh? She won’t provide me the legal reference about my rights for standby counsel, despite in a previous hearing I actually requested exactly that and the judge told me “he thinks but is not certain that North Carolina no longer allows standby counsel.”
Where does Captain Sharon Price derive her advice from? Why is she advising me now? Now that Garland Baker is not? The four motions I just properly filed and served on the DA on the 20th – have they been heard? Why could they not be heard that day? Do I need to be put on the docket to have them heard? How is that done? Why will the DA not speak directly with me? Especially if I have no legal counsel?
Hard Drugs
I am seriously depressed.
About a week ago, for the first time in my 46 year life, I began taking a pharmaceutical antidepressant, an SSRI. I have done much reading about them. I thought it would be a safe way to raise my serotonin levels. However, it had side effects – I began to have ‘startle reflexes’ just as I would fall asleep – a kick of my leg, or a spasm in my arms, something I have never experienced before in my whole life.
I stopped taking it today.
I am still trying to be switched to a stronger and more effective antidepressant. My body is accustomed to natural MAOI’s: Golden Milk which is turmeric & black pepper, Passion Flower, and Banisteriopsis caapi, but Syrian Rue is nature’s strongest natural MAOI, which I requested. However, I’m told only a pharmaceutical will be available.
MAOI’s stop the metabolism of my natural, endogenous serotonin and my endogenous DMT as you probably know. The nurse is awaiting doctor’s permission to put me on an MAOI because it has dietary conflicts with preservatives: I would no longer be able to eat food with yeast extracts like MSG – it’s the same diet required by Syrian Rue. I offered to switch to a vegetarian diet tray because the bologna, chicken patties/nuggets, and other meats have preservatives in them.
I just got an email – I must send this before I can read it or see who sent it.
FYI: The kind nurse’s name is Julie Foster.
No Grievances? No Problem!
My grievance was returned by Captain Sharon Price, dated Sept 18:
My request for legal reference material was responded to with “only specific information relating to your charges can be requested,” which is simply not true. Nevertheless, I replied requesting current state and federal code, motions, and general court proceedings for reference material, plus current information regarding DMT laws: The jail says it is only liable to give me the legal code for the crimes for which I am charged, which again is not true: They owe defendants legal research material including case law, court proceedings, example motions, state and federal code – a typical jail or prison law library.
So, a deputy came and gave me “legal reference material” – I have been asking verbally, in writing and with grievances to get law books that will help me prepare for trial. I was handed five printed pages of drug laws that make no mention of DMT anywhere on them. The deputy was kind about it when I pointed out the insufficiency in what he handed me. I had to sign that I received it, so next to my signature I put (1 of 4 requests) because the Motions, Case Law, and Federal code which I asked for were not included – and the state code that was given to me made mention of Marijuana, Cocaine, Methamphetamine, and MDMA – but nothing regarding DMT – so it is of little use.
As for all outstanding digital grievances: The administration dismissed thousands of outstanding “grievances”. “Those grievances were not delivered,” was the reason given. The jail rules handbook states that grievances should be filed on the digital kiosk. That is were ALL inmates have been filing them since last year – none of which have been responded to – all of which are now deleted.
How the Detention Center Grievance Process “Works”
Today, I hand-wrote the following grievance on an ACSO grievance form supplied by the deputy and handed it to a deputy who had a sergeant witness that it was placed where Captain Sharon Price would get it:
**************
Name: Brian Aberle
Date: September 14, 2018
Problem/Issue:
All outstanding grievances on the digital kiosk that had never been responded to and remained unacknowledged for months were deleted yesterday without ever having been responded to.
Likewise my previous written grievances had never been responded to. Nearly every prisoner had open grievances that were delete without ever being answered or receipt of them ever having been acknowledged.
A proper grievance process should be signed “received” by an officer and responded to within a reasonable time. During my stay here there has been no grievance process and no access to current state and federal legal reference books.
**************
The ACSO grievance form has a signature line, which I signed. It also has a section titled “Response” and nothing else on it. I also have a grievance form from another county. It has several more items on the form including:
- Time along with the date filed by inmate,
- Cell location,
- Date Received,
- Officer signature,
- Resolution,
- If rejected – a rejection code, rejection justification, and date,
- Grievance Officer signature
Guilty Until Proven Wealthy 