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Former News Reporter filing New Evidence with the Court, prepping for Habeas Corpus

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April 26, 2015 in Politics


Note: If you wish to see the documents from Internet Archive then check them out here. I feel they are better posted there then on Scribd since they are now charging people for downloading documents or forcing them to upload approved documents before they can even download a document without paying a fee. Documents that the public deserve to know will be posted to Internet Archive and maybe Scribd combined. SO they are always available to download and circulate around the Internet.

Brian D. Hill(left), Alex Jones(Center), and Stewart Rhodes(right)

Brian D. Hill, the former USWGO Alternative News reporter and Founder, has filed a slew of New Evidence(Doc #71, #72, and #73) with the U.S. District Court while announcing on Docket that he plans on filing either for a New Trial or 2255 Motion for the Writ of Habeas Corpus. He has informed me that he will pursue attempting to prove Actual Innocence so that he can get his conviction overturned and be able to expunge all of his arrest record and clear his name. He also informed me that he may not sue the U.S. Attorney depending on how he handles the case from here on out with all the evidence that he is docketing to show the Court that he is NOT a pedophile and did not commit the offense of knowingly attempting to possess child pornography.

He has used a court filing method with the Clerk for the first time that no other Pro Se has ever attempted to file in the past with the U.S. District Court without the usage of PACER and succeeded. He has filed one MOTION and one Declaration through the usage of his cell phone through the Multimedia Messaging Service (MMS) a form of text messaging that allows the sending of file attachment at a very strict limit of slightly over 1MB per message. Since his Probation Officer will not allow him to use the Internet, he is finding loopholes to file documents with the court fast which include getting somebody to find the U.S. Court of Appeals fax number so that he could fax them his filings which of course made docket two times before he was told not to use their fax line for only super emergency filings such as in cases of immediate risk of deportation. The reason why is that he is filing as much evidence as possible in case the other side attempts to punish him in the case he is very close to proving his Innocence so he can be acquitted from the sex offense he stated on record that he never committed. The Clerk has filed a document with the Court asking Brian to only file through paper mailings which Brian has agreed to.

Anyways he has filed through his cell phone, a MOTION for requesting a computer forensic examination in preparation for Writ of Habeas Corpus, and a DECLARATION on conditions at the times of false admissions of guilt. He explains to the court why he sent a letter to the Judge that he accepted responsibility for the possession of child pornography and why he plead guilty falsely. He said that he only accepted responsibility to the fact that the Government claimed child porn was found on his computer BUT he further explained that he did NOT put the files there, he does not know how all of them got there, and that he shouldn’t be held criminally responsible for what a computer hacker does on his computer without his authorization. He also explained that Disability Rights of NC (a legal organization) explained to his family (after speaking with public defender Eric David Placke) prior his family telling him in the court room to take the guilty plea agreement, that the government claimed there was child porn on his computer. Then said further to them that it doesn’t matter how it got there, he will be found guilty, that if he didn’t take the guilty plea he would face 20 years of prison, that the Jury would not know about Brian’s Autism and that his family would not be allowed to testify. At the same time Brian’s weight was dropping as low as 140 pounds and his health was slowly deteriorating until Brian would need to be hospitalized and may possibly die in the county jails. Brian explains that his health was deteriorating and that was why he falsely accepted responsibility for a crime he never attempted to commit. He continues maintaining that he was the victim of a vicious hacker attack in 2012 which caused child porn to download on his computer in July. That was the reason why he has filed a Motion for the court to order for the State Bureau of Investigation in Greensboro, NC to authorize him and his attorney to conduct a Independent computer forensic examination. He wants a Independent examination to find what was absent in Special Agent Rodney White’s forensic analysis report, a virus scan log and proof of hacker attacks on his computer. He has explained to the Federal Judge William L. Osteen Jr. the reason why he needs such a examination even though he has already been convicted. He has explained to Judge Osteen that he plans on proving his Innocence and filing a 2255 Motion to vacate his entire conviction on Actual Innocence and on other grounds. He even begged the Judge through a text message to his judicial email account that he rule on the two Motions which he claim are the most important. He forwarded all important documents for me to publish on public record. He is fighting right and left to prove his Innocence so that he can get off of Supervised Release and off the Sex Offender Registry since he feels that he shouldn’t be on any sentence and shouldn’t even be convicted.

I have exclusively received documents he claimed that he filed with the court which will be received on Monday according to his certified mailings. These documents will be on public record however the public has a right to see what was filed so that they know the evidence that is being pushed in by the Defendant Brian D. Hill. The documents are his MOTION to strike Dr. Keith Hersh’s comments of Delusional Disorder: Persecutory Type off of court record. The evidence attached to that MOTION does not appear in the document that was sent in to me which suggests that Brian never made a digital copy of the evidence but simply made copies of current records he had then sent them as Exhibits to the Court for filing. He is proving that he attempted to file Pro Se Motions prior to pleading guilty for another Suppression hearing since he claimed the hearing he had on June 4, 2014 was not fair. He said he was only warned less then a day in advance from his public defender and didn’t have any time to prepare any evidence to provide a basis for the Suppression hearing to convince the Judge to suppress the SBI crime report and the false confession. Also Orange County jail prohibits photos from being mailed to a inmate which made it even more difficult to gather any photographic evidence for the suppression hearings he requested. Without a good lawyer, he was a fish trapped in a barrel while constant gunshots were being fired at him, that’s an analogy to a saying about how screwed he was. Unfortunately those filings never made docket and Brian plead guilty while assuming that they were filed. He found out after his plea that those documents were never filed before his plea and demanded an investigation into the matter. However his public defender never truly discovered what happened to his filings so Brian assumed it was somebody in the Clerk’s office that covered up his filings. Even accused the clerk of court of possibly covering up his pro se motions before the Jury Trial. He told that to the psychologist then he stated on record that Brian is delusional about being persecuted for his political work and that he thought the court employees were working against him. Brian argues back that anybody would suspect a coverup when his attempted filings don’t make docket. Then of course his lawyer was no help and did nothing to look into the situation to find out why those documents were never filed with the court in June. His second argument was that he has enough evidence and enough of an investigation to prove that he had every right to believe he was being persecuted and shouldn’t warrant as being labeled delusional. Phil Berger Jr. was involved with the search warrant process (according to Mayodan Police records) and was involved during the whole child pornography investigation until it was turned over to the Federal prosecutor named Ripley Rand. Brian submitted evidence that he had sent various emails and written various articles threatening the political position of Phil Berger Sr. and the town of Mayodan by calling them ‘corrupt’ for not following their Oath of Office to protect every North Carolinian’s Constitutional rights. He had a good reason to believe he was being persecuted for his political activities and that Phil Berger’s son was in conflict of interest since Philly himself was in a disagreement over the Nullify-NDAA Petition to which Brian took his anti-Berger crusade too far. So he is asking the court to strike Dr. Hersh’s comments or rule them as unfounded. He admitted he made a error in the Certificate of Service at the end in regards to the title of the MOTION as to certifying that the document was filed with the clerk and that the U.S. Attorney shall be automatically notifed by the CM/ECF system after the clerk files his document on there.

Second the second Declaration on the conditions of the Detention Centers of Guilford, Orange, and Forsyth Counties in North Carolina. He stated that he had no choice but to falsely take the plea of guilty because of his health deteriorating, that his blood sugar A1C glucose was 10.9 according to a Medical record from the Federal Corrections Institution 1 (FCI-1) at Butner, NC. It also shows that he was only given two insulin shots a day of NPH without any Lantus which is a 24 hour insulin. Usually he does insulin shots for at a minimum of four shots a day which is one for every meal and one for snack time. He does do a additional shot in the event that he decides to have a extra snack so that his blood sugar doesn’t go high from eating anything with carbohydrates or sugar. He does his insulin at the recommended calculation of 1 unit per 7 grabs of carbohydrates. The jails couldn’t even administer the insulin-to-carb-ratio which put him at risk of an imbalance. He was also put on diet trays which weakened his health as he wasn’t getting his daily carbohydrates and only given a small amount of insulin which impeded his legal work without even the help of his public defender which deserves the title of “public pretender”. He explained that he had to get out of jail to get access to his locally cached evidence on his computer (emails, documents, Affidavits, other records, scanner to scan copies of legal writings) and to overturn his conviction at a later time after he has recuperated from his health deteriorating at the county jails.

Third is his letter to Judge Osteen as to why he has filed so much documentation and asking him for forgiveness on his high page filings but explained that he is attempting to prove his Innocence beyond doubt so that his conviction can be overturned on a Section 2255 Motion.

Fourth is that he put in a Proposed ORDER document inside a MMS text message for Judge Osteen to rule on. Basically a Proposed Order is a Microsoft Word or Wordperfect document that a lawyer or Defendant sends to a Judge that is typed up by the Defendant or Plaintiff with a proposed court order either party wishes to be signed by the Judge to be ordered by the Court as if it were the Judge himself who written the order then directed the parties to follow that order. Once the Judge signs the proposal of that Order then it is so ordered by the court.

Fifth is an EVIDENCE filing of the entire first (out of four total) emails sent to Joy Strickland requesting that evidence be forwarded to SBI Agent Rodney White proving that he had prior knowledge on Brian’s potential innocence to the pending charges of child pornography. He admitted that he received those emails but never did anything about it and never took any action whatsoever. In fact every letter he sent to Rodney White was ignored which of course isn’t surprising considering other North Carolina citizens had legal and moral issues with the SBI in 2009 after an audit. It is clear that Agent White wanted Brian to be found guilty and convicted on child pornography without ever attempted to prove whether Brian was even innocent or not which is a shame that a law enforcement agency would protect the corrupt politician and allow Innocent people to be wrongfully convicted.

The last one was a MOTION requesting that a Autism expert testify but he never texted me a copy of that document so it is not available until it is put publicly on PACER.gov.

Brian’s comments over the newly filed documents was that “I did make one error in the filing of MOTION to strike Dr. Hersh’s comment’s on the disorder but it should still prove that I am not delusional. They will all help me persuade the Judge to accept my MOTION for a computer forensic expert. You may publish these ahead of time before the clerk files them tomorrow as it will take time for them to show up on docket. All of these will help to begin to prove actual innocence. I feel a computer forensic examination will be the safest way to prove actual innocence without risking my life. I know I had a computer virus at the time of the alleged offense,. I also know I ran no anti-virus at the time and was battling this virus and that the virus ran emule.exe. There may also be other viruses that were planting the child porn and setting me up for a frame up. I know I been framed and it had something to do with my political fighting against Phil Berger but I don’t have the proof of conspiracy. Even if I had the evidence of political conspiracy by the Berger family, I may end up in a very risky situation which may threaten my life or even the life of my family. My best bet off of Supervised Release, off of my conviction for good, and off of the Sex Offender Registry is by proving I was framed by a PC virus. That is the easier and less risky approach of proving Innocence. I’m not looking to become a corpse just to prove I am framed by people that may or may not be involved with Phil Berger. I don’t know how far he may go to silence me such as lawsuits or some underhanded attack. I just want out of this wrongful conviction so I can move on with my life and get out of politics for good.”

Once the documents are filed then I will notify you over the matter and give links to where you can find them so that anybody from the general public can see what is going on.

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