Brian’s two new felony cases – retaliation and punishment for a complaint to the Department of Health – were slipped into the Add-on docket of today’s Regular docket of the Main Courtroom. The Add-on docket is for last-minute, unplanned cases – Brian’s case, as of today, is 77 days old – and he is still being held at the Ashe County Detention Center.
There are no transcripts or audio recordings from the District Court so only those present witnessed Brian wisely represent himself Pro Se, thus forcing the court to finally recognize him; he has thus far been denied an appearance before a court – in fact, he has not even been indicted on the first two felony cases.
Finally in the presence of public court, Brian reiterated his motions and filed them again with the Clerk of the Court and the District Attorney, which are republished again here:
“September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion To Preserve Evidence. Specifically, the laptop that was confiscated by ACSO contains my research work. I research and publish in BOTH technology and medicine forums on the internet promoting academic and industry advancement. My technology work is published at CodeProject.com under the project titled XMLFoundation and my medicine research is published at ResearchGate.net under the project titled “Neurodegenerative Disease Cure 2018”.
I need the laptop returned in the same condition it was taken – specifically do NOT wipe the hard disk and do NOT erase browser cookies containing website login information.
In the interest of justice and honest defense, as explained to the court on September 6, 2018 please order this Motion To Preserve Evidence and return the property to the defense since the prosecutorial team has had it in their possession for 77 days and had ample opportunity to seek for evidence of narcotic sales which I know for certain does not exist on the laptop because I do not sell the small amounts of research items I experiment with.
September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for Discovery. This motion was presented orally to the court on September 6 after asking the District Attorney if the 3 new felony charges were based on new evidence. The District Attorney refused to answer the question, therefore I pray the court orders prosecution to release all evidence to myself without further delay. The delays to date have been unacceptable and can no longer be tolerated because we are now under the time restraints of the Motion for a Fast and Speedy Trial which was also spoken orally to the court on September 6 and served in writing to the District Attorney, the copy served to the DA was marked received by the Clerk of Court on August 7, 2018.
September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for a Fast and Speedy Trial. This motion was first filed in a letter dated August 1, 2018 and received and filed with the Clerk of Court on August 7, 2018 along with my motion to represent myself Pro Se pursuant to 15A-1242. This motion asserts and reaffirms intentions filed on August 7, 2018.
September 6, 2018
Clerk of Court:
On September 6, 2018 Brian Aberle was before the court and on that day the District Attorney claims he did not receive documents that were marked received by the Clerk of Court on August 7, 2018. I served him with my only copy of these documents other than the handwritten originals which are still in my possession. Please mail me copies of these documents and copies of all Motions, Statements, and Letters on file with the Clerk of Court for the case of Brian Aberle who is represented Pro Se.
Thank you for your time on this important matter.”
In Brian’s own words:
I just got back from court. I hope to God that the news was there. I elected to represent myself in front of the courtroom. I asked what my maximum sentence was: 130 months on just the three felonies that were before the judge.
First things first – Motion to Preserve Evidence – I told the court I am a medicine researcher and that the laptop contains evidence essential to my defense. The judge said that the motion must be served to the DA’s office, I said “I thought that a motion filed with the Clerk of the Court is serving the DA.” The judge was unsure of the procedure.
I said, “Since there were three new felonies filed, was there any new evidence?” The District Attorney could not say or did not know? WTF? So I filed a Motion for Discovery of Evidence. The judge said that the motion must be filed with the DA, I said it already was, and I have that motion right here stamped ‘received’ by the Clerk of the Court. I served my copy to the DA right there.
The judge recommended that I use appointed-counsel. I asked if I could retain my previously-appointed counsel as standby counsel. The judge said, “I don’t think that North Carolina allows that anymore.” I told him that the jail only gives me access to a law book that is 25 years old – and that book says that the court can appoint counsel as standby. I asked the court to have the jail give me current legal reference – the judge said, “I don’t know what the jail must provide you with.”
See if the court proceedings were recorded, and if can you obtain the transcripts.
I hope the news was there.
God was with me.”