Legally the court is stuck in a curious loophole. After a year of - TopicsExpress



          

Legally the court is stuck in a curious loophole. After a year of running from various agents trying to capture me including but not limited to: US Marshalls, Parole Agents, Rogue Sheriff/GBI, Correctional System Administration. Nobody had any legal reason to be hunting me for arrest. The court is all tangled up in its own doings. Somehow the wrong police in Cobb County accidently released me is the only conclusion I have for why I am not in jail or prison right now. Perhaps I escaped without a run or a climb, whatever it was – I have the bond papers that declare me free, despite the bloody near capture. The court didn’t know what to do about me. There are no charges, only arrests and attempted arrests. The court lost me case file momentarily, but when they found it I had left the state of Georgia. If I was still in Georgia it is reasonable to assume they will continue to try to arrest me illegally. The judge issued a misdemeanor bench warrant for my arrest since there were no “Charges” I was being arrested for other than escaping from officers trying to arrest me. Why were they trying? We still don’t know. So naturally I got out of Georgia. Nobody has any right to arrest me and everybody knows it. The only hope for the court is that the bondsman turns this into a felony case, which is the normal procedure for failure to appear when out on bond. Some judge in Cobb County Georgia issued this new bench warrant. Fortunately this is just a misdemeanor judge that runs the misdemeanor court. Parking Tickets are misdemeanors. Fortunately this new warrant is a misdemeanor bench warrant. Legally, police cannot come kick your front door in and haul you off to prison for not paying a parking ticket. They will do that for a felony. In this case the bondsman is much more powerful than the misdemeanor judge. I am out on bond. I did violate that bond by leaving the state. However I did it for my safety against unjust incarceration. The bondsman, if he so chooses, can pay a $10 fee and file a felony charge for jumping out on a $9000+ bond. Fortunately, the bondsman in this case is just an honest businessman. I have assured him that his money will be restored one way or another and hired a local lawyer that he knows. I will restore the $9200 that the State sole from me in the bondsman’s name. This fire is under control, so I am watching it burn rather than putting it out. I am in no hurry to resolve this case or the warrant for my arrest in Georgia that is going to stay in Georgia without me. I have two other cases in Georgia that need attention before this, one in the Northern District Federal Court and one in Bartow County, where I was granted a re-trial and never got it. I moved to Boulder Colorado. Boulder runs circles around that Backwoods Backwards Bartow County Georgia that I Escaped from. I am a free citizen now - because I escaped. All my escapes are justified. See more documents related to this 2014 arrest warrant here: 1drv.ms/1myJ2CF Reading this history of communications that have taken place will explain the new warrant for my arrest issued in March or April of 2014. Please research this. I am currently out of custody on bond by the bonding company “James Bond” in Cartersville Georgia, otherwise I would still be in a jail cell at the current moment. The whole thing kind of reminds me of that scene in the first “Pirates of the Caribbean” where Johnny Depp escapes from prison then hijacks the best ship and yells “Remember the day you ALMOST caught Captain Jack Sparrow” Note: You need to read from the bottom toward the top to read the emails in order, If you read top down you are reading the replies before the questions – Both ways work for me. (SMTP headers available upon request) From: bcchopra@gmail Date: Tue, 15 Apr 2014 06:46:47 -0400 Subject: Re: Brian Aberle case 13M6654 BW To: roaringcheckmate@live I have received and reviewed the email and understand what it portends. I do not submit billing in criminal cases, opting to charge flat fees. Your fee will be $2,000.00. Please let me know how to proceed. BC On Apr 14, 2014, at 6:47 PM, Brian Aberle wrote: As I said, this is a complicated case. You NEED to read the Obstruction folder https://onedrive.live/redir?resid=D7EC275E76D295CF%21151 You will also SHOULD read the Bartow trial, so that you know why the FBI is involved. Please confirm that you got this email and let me know how your billing will work. Note: Marcia Shein, WAS my lawyer that filed the Motion for New Trial that was granted. That trial has not happened. Also check out the attachment. Brian Aberle ________________________________________ From: roaringcheckmate@live To: [email protected] CC: lewisgrady@yahoo; [email protected] Subject: FW: Help! v2.0 13M6654 BW status Date: Mon, 14 Apr 2014 10:25:34 -0600 Chris Lanning, It has been almost 3 weeks and I am still waiting for the update that you told me to expect. As I said in the first email to the FBI and Barbara Berger, I believe this is another scheme by the GBI or others with influence over the court to bypass the laws and arrest me. I was tried illegally by the judge/sheriff team in Bartow County, thats why I was granted a re-trial(yet to take place). Marcia Shein, my laywer, also believes that this nullifies Parole therefore the attempts by the GBI/US Marshalls to arrest me in 2013 were illegal. Since the courts have violated the laws, I believe this is a plot to have me arrested illegally again. I also believe that my life is in danger. Sheriff Clark Millsap has threatened me and I believe he may attempt to follow through again. Please let me know if I am wrong. Brian Aberle 404 448 1244 ________________________________________ ________________________________________ From: roaringcheckmate@live To: [email protected]; [email protected] CC: [email protected] Subject: RE: Help! v2.0 13M6654 BW status Date: Mon, 31 Mar 2014 08:03:05 -0600 Barbara Thank you for forwarding this situation to Chris Lanning. I will wait to hear from him before I file again in federal court and publish about Cobb County mishandling of this state case. The Northern Georgia district already has case 4:11-CV-301-HLM-WEJ regarding the civil violations leading to the justified escape(s) in Cobb County. Amid those violations is a denial of due process. Please keep me advised. I will wait for something official from Chris Lanning or the FBI because the bondsman calls frequently and wants this resolved as much as I do. Clearly I intend to appear, as indicated by my appearance the day we met. I trust that the court will correct this warrant and re-instate the bond please net me know at your earliest convenience if I have misplaced trust in the court. Brian Aberle ________________________________________ From: [email protected] To: roaringcheckmate@live Subject: FW: Help! v2.0 13M6654 BW status Date: Mon, 31 Mar 2014 13:07:40 +0000 Dear Sir: Correspondence between us was forwarded to the prosecutor in Judge Golick’s courtroom on March 27, 2014. The name of the Assistant Solicitor assigned to your case is Chris Lanning. I spoke with him on that day and confirmed he received a copy of the email I sent you. With best regards, Barbara Berger/ASG From: Brian Aberle [mailto:roaringcheckmate@live] Sent: Thursday, March 27, 2014 4:28 PM To: Berger, Barbara Cc: [email protected] Subject: RE: Help! v2.0 13M6654 BW status Barbara Berger, You need to be more Customer Service orientated. Its a mindset found more in private business than in government jobs. Since it was your error that started all this, you should contact Judge Golicks prosecutor for me and let them know that the court made some mistakes that caused this error. I went out to eat yesterday and they spilled wine on my steak. The server was going to take it back and prepare another. I said, no thats a good steak and some people cook their steak in wine sauce. Later the manager comes and sits down next to me and calls me the best kind of customer and buys my steak. It would do yall some good to learn that Customer Service mindset we have in private business. I want to go back to that steak house. This is your last chance to help me. I will not email you again after this. You are working against justice, not for it because you are willing to let the warrant stand due to your error. You are willing to let me pay all the bond fees due to your error. You are willing to let me be arrested, and perhaps hurt, due to you error. You are not a helpful member of society from my perspective, and (ask Stanley) the whole world is going to know what a nasty person you really are if you do not accept my last request for help due to your error. Truly Truly I Promise You, Brian Aberle ________________________________________ From: [email protected] To: roaringcheckmate@live Subject: RE: Help! v2.0 13M6654 BW status Date: Thu, 27 Mar 2014 20:02:07 +0000 Dear Sir: Again, you asked for an explanation, which I provided. Anything further will need to be pursued with the prosecutor in Judge Golick’s courtroom. I have provided that information. Very truly yours, Barbara Berger/ASG From: Brian Aberle [mailto:roaringcheckmate@live] Sent: Thursday, March 27, 2014 3:16 PM To: Berger, Barbara Cc: [email protected] Subject: RE: Help! v2.0 13M6654 BW status Barbara Berger, In the future, I need to know when a court date is scheduled. It was not MY fault that the court had no case number for me the day we met. This is your error not mine. You need to consider that I dont live in Georgia as noted in my Parole papers but I am captive to your state to appear before your circus of a justice system over this misdemeanor bullshit. My Federal parole officer is in Denver. Mr. Slater knows that I have PTSD and while dealing with me its not wise to decide you have the power to follow the rules when you only follow some of them for the purpose of my conviction. What is the proper procedure for the court when you have lost the case number? I tried to find my court date. Revoke the warrant today and reinstate my bond or respond to tell Stanley and myself that you are going to defend your error and make a scene by flaring up my PTSD. This is your choice, as I said if you schedule a court date, Ill be there to explain why I did the right thing, until then you better treat me like I did. Even More Truly, Brian Aberle ________________________________________ From: [email protected] To: xml4ietf@live Subject: RE: Help! v2.0 13M6654 BW status Date: Thu, 27 Mar 2014 17:57:16 +0000 Dear Mr. Aberle: I am looking into the history of your case. Apparently you had two charges, one was in Judge Clayton’s courtroom, mine and one in Judge Golick’s courtroom. The two cases were combined into one case and transferred together into Judge Golick’s courtroom where an accusation was filed, 13 M6654. You were notified of the new court date after both cases were combined and accused in case number 13M6654. The clerk’s office sent you notice on 2/7/14 to the address you provided to the court, a Smyrna, Georgia address. The new court date set was 3/21/14 court in Judge Golick’s courtroom. This is the court date you missed as you failed to appear on 3/21/14. The Court has a duty to notify you at the address which you provide, which it did, at the Smyrna address. The day you met me in court was prior to the Clerk sending out notice on 2/17/14 of the 3/21/14 date. When I gave you my card, I gave you my assistant’s direct phone number 770 528 8531 so you could call her directly, and not get transferred around, to find out the status of your case in case you did not hear from the court in a few weeks. That was the purpose of my handing you my card. Any further questions will have to be discussed with the prosecutor in Judge Golick’s courtroom as I no longer handle your case. You can call the 770 528 8500 number provide the 13M6654 case number and they will connect you with the appropriate person. I trust this gives you the complete explanation you sought. Very truly yours, Barbara Berger/ASG From: Brian Aberle [mailto:xml4ietf@live] Sent: Wednesday, March 26, 2014 6:48 PM To: [email protected]; Berger, Barbara Cc: [email protected] Subject: Help! v2.0 To: Stanley Slater - FBI Atlanta To: Barbara Berger - Cobb County Solicitor General CC: [apps-discuss] I assume that we all know this is public information:(attached for your convenience) https://onedrive.live/redir?resid=D7EC275E76D295CF%21968 I appeared for court in Cobb County Georgia where they operate very unprofessionally. I was told that there was no case number for me and I was told to leave and given no court date. I was supposed to leave without having any record of my attendance. I was out on bond. I said, If I leave you will put out a warrant for my arrest for not being here, at which time I was handed a business card from Barbara Berger with the printed phone number 770 528 8500 and hand written 770-528-8531 to be used as a reference should anyone question this. I was free to leave without scheduling any return court date. I am not from Georgia and have no family or business there. I am in Colorado. I got news today that by bond was revoked. Is this a mistake? It seems like if you cross the wrong GBI agent, the Gestapo will come to arrest you. I need a more official perspective from one of you that can explain why the court can do this. Should I sign a waiver of extradition back to that ridiculous Cobb County court system? Yall have my contact info: RoaringCheckmate@live or 404.448.1244 so please contact me if there is some problem. Contact me if you find my case number. Contact me to re-schedule a court date. If you need me to appear somewhere I am still willing. A person never knows when they lose your case file if the court will lose it forever of find it in a few months. It would be more convenient for me do have court in another state where I might not be a prejudged case. Id like to avoid all the guns and arrest drama if anyone is willing to help me make that happen. Ignoring the problem makes you guilty. Please contact me at your earliest convenience. I am in Colorado. Today I got news that my bond was revoked. Is this a mistake? Dont I need to miss a court date before you do that? It seems like if you cross the wrong GBI agent or Warden or Sheriff the Gestapo will come to arrest you. I need a more official explanation from one of you. Brian Aberle
Posted on: Sat, 10 May 2014 18:53:11 +0000

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