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Brian Aberle7-Oct-12 6:55

7-Oct-12 6:55

Thanks to contraband technology, by using internet access via phones smuggled into the prison, I was able to contact individuals who showed concern for honest justice. Marcia Sheins office complained to warden Stanley Williams when legal mail was not being delivered to me. Paper mail is regulated in prison, e-mail is not regulated so it enables a power that was intended to be forbidden by the prison administration. By using this forbidden power, I contacted individuals which ultimately manifested my release from prison on October 5, 2012.

http://dockets.justia.com/docket/georgia/gandce/4:2011cv00301/179936
The Federal court in the Northern District of Georgia has taken over a year to make a ruling in this case on the civil rights lawsuit titled "Brian Aberle vs. Clark Millsap". The federal court in the same jurisdiction has neither administered justice nor responded in a timely manner considering the serious and extreme violations documented in this lawsuit quickly became an FBI investigation once the lawsuit was filed. The FBI agent Stanley Slater came to interview me on February 01, 2012 regarding this lawsuit and neither the FBI nor the federal court has made any follow up action toward honest justice.

On October 6 I contacted the sheriff about recovering my laptop which was illegally seized after my 1st escape. Bartow county deputies had no property warrant and they were outside the county of their jurisdiction when they took my property. My laptop was not subject to arrest. The sheriffs must be held to law, but the structure and inter relationships of police, prosecution, defense, judges, federal and state investigators generates this gross hypocricacy and tyrannical behavior that repeatedly manifests injustice. They should be held to the law and prosecuted for Theft By Taking, of my personal property which also included my digital camera. They demand money from whom they owe and therefore deserve the greater condemnation. They charged me with Theft by Taking for the clothes I took during my escape therefore they deserve the greater prosecution.

This was actually more of an escape than a release. I was released on parole to no address. I am a homeless man on house arrest. I am free. The federal court just ruled that my indigent financial state allows me to proceed in court without paying fees, therefore parole fees will also be excusable as they were in the 9th circuit which ruled in my previous case when I violated federal probation for not reporting or paying fees, that I am "Not Guilty because the United States does not have a debtors prison". Judge Martin Jenkins who made that ruling which set me free as the US Attorney petitioned for prison time has since moved from the 9th circuit to the U.S. Court of appeals. I am free from fines fees and obligations just as I was when this whole case began for not reporting to unjust probation which justify all my escapes.

On June 14, 2012 I sent an e-mail that rightly accused the State of Georgia of trying to kill me. That e-mail caused the Georgia Department of Corrections to send an Internal Affairs investigator to meet with me the following day. Angry prison administration punished me with various acts including a month in isolation (the hole), 5 property shakedowns and strip searches in a 5 week period, and being locked in a 1 man shower stall for up to 5 hours. During this time the violence in the dorm I came out of escalated with over 10 new stabbings in just a few weeks. On July 19, 2012 on prisoner died from that dorm. At the time I sent the e-mail there had been 18 people stabbed in that 100 man dorm during the 9 months I had been there. My assessment of the danger being life threatening is accurate based on the facts. Georgia authorities use indirect capitol punishment by creating the form of imprisonment and classification that they do.

The failure of justice is in plain sight for all who are willing to look at it. I escaped two times from a sheriff that had drugs stolen from his evidence locker. The sheriff chose to cover up the theft and punish the escape. The FBI also chose to under-punish the sheriffs captain who was only charged for pocketing cash and resellings guns that were illegally confiscated from drug dealers. The juries agreed that my case was over charged and found me Not Guilty of the manufactured charges that were "Terroristic Threats" that I allegedly made to sheriff Clark Millsap, "Dissemination of Terroristic Threats", "Interference with Government Property" and "Theft By Taking". All I did was "Escape", those who had been undercharged were overcharging me so they deserve the greater condemnation.

My lawyer, Marcia Shein, has been ineffective against such collectively powerful people. She recently told me that she would need more money If I want to have private investigators document imprisonment conditions that justify escape and cause my trials to have been unfair without access to mail, phones, visitation, or even pen and paper while in the custody of Clark Millsap. Since I had no lawyer and represented myself Pro Se at both trials, violations of my rights denied me a fair trial. Judge Carey Nelson, aware of these barbaric conditions allowed the trial to take place and therefore became Party to the Crime of convicting me to further his Party to Crime in the cover up of the drugs stolen from the evidence locker.

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