Innocent Autistic man wrongfully convicted on child porn

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StanBakes
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31 Oct 2015, 11:06 pm

archive . org/details/USAvHill

archive . org/download/USAvHill/71-NewEvidenceForANewTrial_habeasCorpusfull122Pages.pdf

Note: This man does indeed have Autism. It is on Federal Court Record. His Autism caused him to cause trouble with some political officials. So maybe he technically could have gave the wrong impression to the State Senator, Then of course coincidentally weeks later his son Rockingham Co. Phil Berger Jr.'s District Attorney Office was working with Reidsville PD Detective Robert Bridge and Mayodan PD Detective Todd Brim on getting a Search Warrant. The Warrant was signed by a Forsyth Co. Judge named Todd Burke. Brian's home was raided on suspected child pornography. According to Court documents on Defendant's statements, he and his family informed the Police that Brian has Autism. His own mother was threatened with ghastly consequences if Brian didn't confess to child pornography. Brian falsely confessed and his confession was coerced since Autistic people are known to make false confessions, just add Brian's to the pile of false confessions made by an Autistic.

It is also well known that Autistic people can make false confessions if you do your research on Google. Even Law Enforcement in a well populated city and metropolitan areas are all aware that Autistic people can produce false confessions when pressured to make a confession or coerced. That is why some places produce Autism cards to give to any Law Enforcement before any possible questioning. it is also known according to the link below that people with Autism and Aspergers that are even caught downloading child pornography do not have the pedophile tendencies that regular child porn downloaders have. Because of that several Autism Organizations have recommended restraint by Prosecuting Attorneys on how to deal with child pornography cases of Autism Defendants. Usually recommends Pretrial Diversion Program or even Deferred Prosecution, whatever the case may be in every state. Brian was not offered any form of deferred prosecution even though he has a very tiny chance of offending (reoffending in cases of the guilty) due to the facts that show reasonable doubt in Brian's guilt. Brian was asserting his Innocence but was forced into a guilty plea agreement and is now registered as a Sex Offender. The evidence Brian has filed Pro Se shows that Brian was never given a good attorney until after he has plead guilty and risked losing his SSI disability disbursement payments after almost 1 year of detention in federal custody. Brian lied only about one thing to the Court, he lied about his guilt to get Time Served prison sentence to protect his health and his SSI disability which would have been lost after 1 year of imprisonment. The cards were stacked against Brian, the Judges were getting agitated by Brian's excessive Pro Se filings, and Brian had the worst defense Attorney in Judicial History, in total violation of his Sixth Amendment Right guaranteeing him Effective Assistance of Legal Counsel. In my opinion, this autistic man was railroaded onto the Sex Offender Registry for the crime of excessively annoying his local political officials somehow. As one of his few friends sticking by him, I cannot allow him to suffer injustices for his Autism, for his lack of sensible behavior on how to handle politics, and that the media will not even support him while he cannot use the Internet. So I have come on here seeking other Autistic people and Aspergers people to stick up for Brian D. Hill the innocent man who was wrongfully convicted by his own Defense Attorney that wouldn't fight for him at all.
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A Innocent man named Brian D. Hill, a former news reporter of the U.S.W.G.O Alternative News organization (shut down apparently because of the charge he has received), was highly likely framed with child pornography according to Court records on Federal Docket. I have read a portion of the lot of them pages. Apparently prior to being accused of downloading child porn out of the blue, he was involved in a political battle with the North Carolina Senator named Phil Berger.

Brian did not know that his son was the District Attorney from the looks of his statements on the filings. Brian pushed to remove that Senator from Office and also wanted the Police Chief of his town to also be fired or reprimanded. He apparently pushed some buttons of some corrupt people in the local and state Government before he was accused of the crime. He has no prior criminal history and no history of sexual deviancy.

He went against Agenda 21 and the NDAA as well in 2012. He was associated with Alex Jones and Stewart Rhodes directly prior to being accused of the pedo crime. Then a year later this news reporter received threatening messages from a tormail . org, which coincidentally(maybe?) or not was connected to the child porn set up attempts on Luke Rudkowski, Stewart Rhodes, and Melissa Melton. Document 46 from an Attorney named Susan Basko also was involved with Brian Hill and Luke Rudkowski. Apparently Brian was forced by bad legal counsel to plead guilty to possess child pornography to the extent where they forced him to get Sex Offender Treatment.

Then according to Document 124 he was released from Sex Offender treatment unsuccessfully due to asserting that he had been wrongfully convicted. That action put him at risk of a Probation Violation felony charge just because he asserted his own innocence to his Sex Offender Counselor. All of his actions on Court record make me believe that this man is innocent. If I were a juror then I would find this man not guilty.

archive . org/download/USAvHill/124-Defendant-Released-From-Sex-Offender-Treatment-OCR.pdf

Proof of Brian's Autism is on this Court Document:

archive . org/download/USAvHill/86-Request-For-Modifying-Conditions-Of-Term-Of-Supervision-With-Consent.pdf

Quote:
Brian David Hill
began supervision in the Western District of Virginia on November 13, 2014.
The supervising officer reported that his initial supervision history has been challenging based on numerous mental and physical health conditions present with Mr. Hill. From review of his history, substance abuse has not been an issue for Mr. Hill
in the past. He suffers from a number of mental health issues including Autism, Delusional Disorder, Obsessive-Compulsive Disorder (OCD), Generalized Anxiety Disorder, and Post-Traumatic Stress Disorder, and he receives on-going treatment related to these issues. It has been reported that several environmental factors have exacerbated his conditions, including imprisonment and attempts by the officer to obtain urine specimens for testing. The officer reported that due to his OCD, collecting urine specimens has been quite challenging due to his excessive hand washing.


Of course the Delusional Disorder diagnosis should never have been given to Brian because a later Motion was attempted asking the Court to redact or remove Delusional Disorder from Court Record. Link below proves this fact. He was only diagnosed as Delusional apparently because evidence was not presented by Brian's public defender and Brian was sitting in Jail likely under Maximum Security. Brian didn't have the evidence to prove his statements to the psychiatrist or psychologist. Because of lack of evidence due to ineffective counsel, he was diagnosed with Delusional Disorder: Persecutory Type which also includes claims that the Clerk of the Court was covering up his Pro Se Motions. Document 80 shows the so-called missing Pro Se Motions that were addressed to the U.S. District Court or the Clerk's Office. Because those documents were never presented to Dr. Keith Hersh at the time of the evaluation, so he was diagnosed as Delusional.

archive . org/download/USAvHill/80-Motion-To-Strike-And-Rule-Out-Psychiatric-Diagnosis.pdf

Quoted from USAvHill archive page:

Quote:
United States of America v. Brian David Hill (U.S. v. Hill), Criminal Case in the United States District Court for the Middle District of North Carolina, in Greensboro, NC. This criminal case is about the legal battle between the government and Brian D. Hill the former USWGO Alternative News reporter. He was accused of possession of child pornography, but Brian has stated under Declaration/Affidavit that he maintains his legal Innocence to the indictment charge. Upon showing of cause that he is factually Innocent, he will prove his innocence which will reverse his wrongful conviction. Writ of Habeas Corpus petition under a 2255 Motion can be granted upon any valid legal ground which includes Constitutional issues and showing of Actual Innocence. New Evidence can be filed with the petition unlike with an Appeal which covers only what was on the record at the time of Judgment. New Evidence has been filed after Brian D. Hill's conviction and final judgment. The new evidence can slowly add up to the acquittal and proven Innocence of the Defendant. Alibis, Affidavits, forensic examinations, investigations into corruption in law enforcement, and other forms of evidence can all contribute towards convincing the Judge that the Defendant is Innocent which can overturn his conviction and vacate his sentence. Since Brian D. Hill is a former alternative News reporter, that can make him a target of a potential set up attempt. The framing of Brian would help the political cause of his adversaries. However the frame up of Brian didn't just damage his reputation which is the sole intent of frame ups is to discredit an adversary. The frame up caused all of his legal rights to be taken away from him and is now suffering under a Sentence of Supervised Release by the Probation Office, and being treated like a criminal while forced to serve as a Sex Offender. Brian can no longer use the Internet without permission, cannot even travel out of state or even out of his federal district, cannot go on dating websites including Match . com, lost his Fourth Amendment right against unreasonable search and seizures, lost his right to vote, and lost other rights that affect his life beyond politics and debate. His young life was thrown down the toilet by this child porn charge since he was 22 years old. He is fighting for being release from his entire sentence. He wants his conviction off of his record. Brian isn't the only innocent man or woman to be falsely accused of child pornography.


wearechangetv . us/2015/04/new-evidence-is-filed-in-u-s-district-court-concerning-uswgo-brian-d-hills-innocence/ - Former Alternative Media reporter punished for texting Federal Judge about his innocence

wearechangetv . us/2015/04/former-alternative-media-reporter-punished-for-texting-federal-judge-about-innocence/ - New Evidence is filed in U.S. District Court concerning USWGO Brian D. Hill’s Innocence

wearechangetv . us/2015/04/child-porn-was-downloading-on-uswgo-reporter-brian-d-hills-computer-while-under-sbi-and-mayodan-police-custody-whistleblower-exposes - Child porn was downloading on USWGO reporter Brian D. Hill’s computer while under SBI and Mayodan Police custody, Whistleblower exposes

wearechangetv . us/2015/03/alternative-news-reporter-turns-over-cell-phone-to-law-enforcement-to-investigate-whistleblower-emails-in-regards-to-the-child-porn-set-up/ - Alternative news reporter turns over cell phone to law enforcement to investigate Whistleblower emails in regards to the child porn set up

wearechangetv . us/2015/04/former-alternative-media-head-appealing-criminal-conviction-claimed-he-was-framed-with-child-pornography/ - Former Alternative Media Head appealing criminal conviction, claimed he was framed with child pornography



StanBakes
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31 Oct 2015, 11:12 pm

Here is a picture of Brian D. Hill in 2012 before he was raided by police. He was with a Constitutional Lawyer (Stewart Rhodes) and a alternative media conspiratorial personality named Alex Jones.

Image


Anyways there are plenty of photos of Brian Hill with folks like former U.S. Congressman Virgil H. Goode, Brian Hill and Elton Crisman Jr., Brian Hill and others. He was a media news reporter for an Independent website he operated before being accused of pedophilia. He was never accused of that prior to the incident that he claims he was set up on.



frenchmanflats
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31 Oct 2015, 11:57 pm

He should of spoken with the lawyer's supervisor. Let the supervisor know that you will not be satisfied until you are convinced you are being well represented.If you want to get rid a bad court-appointed lawyer, all you need to do is ask the court for a Marsden hearing. The court will order the prosecutor, other lawyers, and the public to leave the court room before conducting the hearing. The only people who will remain in court are: your lawyer, the judge, and the court's staff (bailiff, court reporter, and clerk). The judge will ask you to describe the problem between you and your lawyer.If the court denies your request for a new lawyer and there is no improvement in your lawyer's performance, you should consider filing a bar complaint before you are forced to go to trial with an ineffective and unprepared lawyer.



StanBakes
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01 Nov 2015, 12:36 am

frenchmanflats wrote:
He should of spoken with the lawyer's supervisor. Let the supervisor know that you will not be satisfied until you are convinced you are being well represented.If you want to get rid a bad court-appointed lawyer, all you need to do is ask the court for a Marsden hearing. The court will order the prosecutor, other lawyers, and the public to leave the court room before conducting the hearing. The only people who will remain in court are: your lawyer, the judge, and the court's staff (bailiff, court reporter, and clerk). The judge will ask you to describe the problem between you and your lawyer.If the court denies your request for a new lawyer and there is no improvement in your lawyer's performance, you should consider filing a bar complaint before you are forced to go to trial with an ineffective and unprepared lawyer.


Um...Actually it is a Federal case and not a state case. Instead of Bailiffs it is the U.S. Marshals, Court Reporter, Judge's law Clerk, and some other staff person at every hearing.

According to the records on PACER and posted at the Internet archive, Brian had attempted to file several times at different time periods for substitute Counsel.

All you have to file Pro Se with the Court is a Motion (doesn't have to be a certain type word. It can be anything like for example Motion for a New Attorney or Motion for Substitute Counsel, etc etc.). The Appeals in the Feds upheld that Pro Se filings are based on the content of the Motion instead of the formalities that Attorneys usually do.

He filed a document before the Jury Trial stating that Placke (public defender) was ineffective as assistance of Counsel and wanted a new one. It was denied at the Status Conference. Brian falsely plead guilty after his attempts to get rid of his public defender had failed and there would be no evidence presented in his favor. You have to file a Trial Brief before a Jury Trial. Brian had no Trial Brief presented and his Attorney had none either. He would lose by default and face 20 years in a Federal penitentiary in addition to mandatory Sex Offender registration and Supervision after his 20 years imprisonment.

Brian went along with the guilty plea, got his sexual evaluation, then started filing more Pro Se Motions and one of them attempting to withdraw his guilty plea. Another Motion along with evidence filed (Declaration authorized by 28 U.S.C. § 1746, full force and effect as Affidavit) proving that his Counsel was Constitutionally deficit and that it was prejudicial to the Defense (Standards of Strickland v. Washington, U.S. Supreme Court case law). Judge Osteen crookedly denied Brian's Motion again. Brian was asked why he would lie about his guilt under Oath for the Change of Plea Hearing. Brian gave him good legal reasons why including the deterioration of his brittle diabetic health. Judge Osteen still refused to change Attorney even though the Attorney put him at risk of a perjury charge for having him plead guilty under Oath. I have heard personally from Brian that he did file a State Bar Complaint against his public defender but the Federal Courts and laws work differently. The State Bar refused to accept the complaint unless a federal Judge declares or states on record that his public defender wasn't doing his job. Brian then attempted to threaten a Federal Tort Claim lawsuit which forced the Judge to remove his public defender and grant him a new Attorney under the CJA Voucher program. Then he finally got a good Attorney but he would have lost his SSI Disability Social Security check in a few months permanently. That would mean that he would have to refile for his Social Security which could take years on a waiting list. He was forced to go along with his final conviction by being sentenced. Right after that he filed a ton more Pro Se Motions and Evidence all declaring his Innocence and showing reasonable doubt. He has stated on Court Record that he intends to prove his Innocence and overturn his Sex conviction. His Probation Officer told him to stop filing documents with the Court but Brian wouldn't listen as he was not directed by the Clerk's Office to stop filing period. Only filing can be blocked if a Rule 44 hearing were in effect. A Probation Officer does not have a right to fetter or block official court business. He should have got a hearing before the Court criminally sanction him for his excessive filings.

The problem is his excessive court filings were all caused by ineffective Counsel. If he had good counsel in the first place and didn't risk losing his social security money, he never would have filed all of that to begin with. The other issue is corrupt Federal Judges that kept denying his Motions when they had valid evidence and reasons (Federal Rules of Evidence) for wanting substitute Counsel.

His public defender didn't care that Brian had Autism, didn't want any kind of medical expert testimony on Brian's Autism except for what benefited the Prosecution. Brian was to be treated as a full suspected child rapist sex offender without remorse. Brian is a sexual virgin, and he had never had sex in his life (also under Declaration/Oath). He was never even accused of rape but they are treating him like a rapist. He is not allowed to use the Internet, not allowed to look at porn of any kind not even what is completely legal under federal law, forced Sex Offender treatment even when Brian asserted his Innocence they wanted to charge him with a Probation Violation for asserting his Innocence to his Sex Counselor, and Brian is to be placed under full Sex Offender restrictions as set by the Virginia State Police.

Brian was railroaded like a house slave on the railroad or like the Jews being sent to the concentration camps. Brian did consider filing a BAR complaint but again Federal Court Appointed Lawyers don't count unless the Federal Judge admits that the appointed attorney isn't effective assistance of Counsel according to the Strickland v. Washington standard as set forth by the U.S. Supreme Court.

Crooked Judges like Osteen and Tilley Jr. never used Strickland v. Washington, they completely avoided using that standard when weighing Brian's filed evidence Pro Se. They're standards were if Brian's Attorney had visited him while he was in Jail, and Brian had to admit that his public defender did visit him while he was in Jail. That was why he denied all of Brian's Pro Se Motions. No standard of Strickland where a Defense Attorney has to be able to defend his client against the accusations and evidence by the U.S. Attorney. None of those standards were ever used.

Public Defenders likely get paid off for the plea agreements or get some kind of financial compensation under the table where the IRS cannot tax it. Another issue is that the public defender seems to know the Federal Judges personally so they will protect him as if he is their own. It is like a Gang of thieves and con men. Brian has to be able to afford Justice and Brian couldn't pay Justice for his Court case.



frenchmanflats
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02 Nov 2015, 12:16 am

I am pretty sure the People vs Marsden rule that was heard in front of the SCOTUS in 1970 does apply to federal cases I am very surprised that he did use the Strickland Standard. He needed to show two things:First, the defendant must show that counsel's performance was "deficient," such that counsel's errors were "so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment."Second, this deficient performance must be so serious as to deprive the defendant of a fair trial.In order to show that counsel's performance was "deficient," the defendant must show that it fell below an "objective standard of reasonableness." The legal profession is capable of maintaining standards that justify the law's presumption that counsel ordinarily serves his function in the adversary system. This includes such basic duties as assisting the defendant and showing him undivided loyalty by representing him unburdened by any conflict of interest.



StanBakes
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03 Nov 2015, 4:05 am

frenchmanflats wrote:
I am pretty sure the People vs Marsden rule that was heard in front of the SCOTUS in 1970 does apply to federal cases I am very surprised that he did use the Strickland Standard. He needed to show two things:First, the defendant must show that counsel's performance was "deficient," such that counsel's errors were "so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment."Second, this deficient performance must be so serious as to deprive the defendant of a fair trial.In order to show that counsel's performance was "deficient," the defendant must show that it fell below an "objective standard of reasonableness." The legal profession is capable of maintaining standards that justify the law's presumption that counsel ordinarily serves his function in the adversary system. This includes such basic duties as assisting the defendant and showing him undivided loyalty by representing him unburdened by any conflict of interest.


I am sure the Defendant can show those two good causes of the Strickland standard.

The deadline for the 2255 Motion is on November 12, 2015, which is this month. After the one year deadline, the only grounds that can be used in such Motion are Constitutional issues and Actual Innocence. The U.S. Supreme Court did rule also that Strickland v. Washington can be used collaterally in a 2255 Motion even if ineffective counsel was not asserted at trial or even during an Appeal. Ineffective Counsel was raised before the Jury Trial and even after the Trial in attempting to withdraw his guilty plea. Appeal did not work due to untimely filed, due to again, ineffective counsel. So ineffective Counsel caused the permanent criminal conviction of Brian David Hill on the sex charge regarding possession of child pornography.

He can however reverse his criminal conviction with two methods. (1)Motion for a New Trial and (2)A 2255 Motion to vacate his sentence. Both of those methods overturns conviction however method (1) can mean that the Defendant will have to be re-arrested and thrown back in Jail to face Trial once again with no guarantee of time served imprisonment. The Defendant should only use Jury Trial as a very last resort if Actual Innocence fails due to not enough evidence. The Defendant would only have to prove as close to Actual Innocence to get a very high chance of winning a Jury Trial on a sex accusation. The standard for Jury Trials are supposed to be at least one reasonable doubt, would mean that a Jury would have to find him Not Guilty. If a Defendant has many reasonable doubts or at least proof that Law Enforcement lied about the Defendant then the Jury would have to believe what the Defendant is saying.

In a case of evidence tampering, Autism and false confessions, and political corruption, a Jury would more likely than not find Brian David Hill Not Guilty of the child pornography charge. Once he is acquitted, he will no longer have to fight to prove his Innocence, and double jeopardy cannot be used, so the Defendant would not have to worry about being framed again on his seized property.

I am surprised that The Innocence Project has not taken this man's case. Since he is pushing for Actual Innocence, or Jury Acquittal based upon his belief in his Innocence and evidence proving such, The Innocence Project should be spearheading this case.

Law Schools should also be focusing on this case since it involves proper criminal Defense instead of public defenders that don't do their job.



StanBakes
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04 Nov 2015, 3:04 am

Will anybody get the word out about this situation? I am contacting as many people as possible. Universities, media outlets, and every organization that deals with Innocence and wrongful convictions. This man never should have been convicted. He doesn't even want to go after children. All he wanted was a normal sexual relationship and the Federal Government destroyed all of that for him.

The Federal Government is the bully and is the one in the wrong here. They should take responsibility for child porn downloading under SBI custody. That is evidence planting if child porn really had downloaded in 2013 after it was seized in 2012. The feds have aided and abetted in child porn downloading to apprehend and convict a Innocent man. The feds and Mayodan Police should be charged with obstruction of Justice, perjury, fraud on Government documents, and a slew of other charges. The Probation Office also needs to be charged as well. Many people need to be charged for what they have done. Crimes have been committed to terrorize Brian D. Hill for his political blog of USWGO Alternative News. He used to post on your forum. You know he is not into pedophilia. His Declarations under Oath also affirm his intent. The Evidence needs to be looked at by Law Professors and advocates of Justice. Autism Organizations need to be starting Petitions asking Obama to pardon Brian for his Innocence.



SSmith44
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29 Apr 2016, 10:25 pm

He was in trouble before with taking images from news sites and claiming them as his own, and his mother was crying on the internet about how it was due to his autism, yet she still encouraged him with his crazy web sites. His mother is a nut case, claiming she's has searched on ancestry . com that's she's related to Jesus through King Arthur.