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Indicted on all Six Counts

These motions MUST be filed within 21 days of indictment – so they were:


November 19, 2018
Case No:  18 CRS 050638

Now comes Brian Aberle represented Pro Se with this Motion to Order Release of Evidencial Discovery to the defendant pursuant to G.S. 15A-902(c).

This case was in District Court for 5 months where my request for a Probable Cause hearing and my request for the release of evidencial discovery were denied.  Therefore I request a hearing to order the prosecution to comply with the request to release discovery.

I elected to be represented by appointed counsel on 3 of the 6 charges that I am facing.  I elected self representation on the other 3 charges.  I currently have no representation and the Ashe County Jail has no law library or legal reference material so please excuse my informality.


November 19, 2018
Case No:  18 CRS 050638

Now comes Brian Aberle represented Pro Se with this request for an Arraignment hearing pursuant to G.S. 15A-630.

My appointed counsel withdrew from my case because he only represented me on 3 of the 6 charges.  This has left me without any legal counsel and no legal reference books in the Ashe County Jail so please excuse my informality.

The District Court judge did grant my “Motion to Preserve Evidence” because my laptop contains evidence necessary for my defense.  I would request the Superior Court judge to order the prosecution to release that evidence to the defense at this time.


Discovery #2 of 3 – and Counting

This won’t be the last discovery; Motions to Compel notwithstanding, still missing are the lab results from the mushrooms, i.e. the probable cause for the original arrest.  Interestingly about the mushrooms that Brian harvested from his front yard, while they likely contained no psilocybin, they absolutely contained DMT.

Brian has truth and righteousness on his side, ACSO has search and seizure warrants based on hearsay if anything at all, and the public is witness to how they could be treated by ACSO.  As for the spectacle of how ACSO handles its business, certainly its “Grievance Process”:  I bet Sheriff Hartley is looking forward to December 31st.

Brian has his biggest “hearing” to-date tomorrow.  His third in as many weeks, in as many months.