Brian D. Hill files a Motion for setting aside or vacating wrongful conviction in Martinsville Circuit Court on the basis of Fraud on the Court, evidence destruction, and factual errors or factual fraud

Author: Stanley Bolten

Brian D. Hill, formerly of USWGO Alternative News, had filed a Motion to set aside wrongful conviction or vacate the wrongful conviction in the Circuit Court for the City of Martinsville over issues of evidence destruction, factual errors or factual fraud, and fraud on the court. Judge Giles C. Greer has yet to act on the motion. Hope he rules by the law and Constitution.

Brian had filed a motion with a lot of evidence, hundreds of pages worth of evidence, proving that Officer Robert Jones of Martinsville Police Department erroneously charged Brian over a misdemeanor within two hours after police were called without a thorough investigation, destroyed evidence which would have proven carbon monoxide involuntary intoxication of Brian Hill on September 21, 2018, and the Sovah Health Martinsville local Hospital had destroyed evidence of blood vials after deleting ordered lab tests from the chart which would have proven that Brian Hill had toxicity in his blood at the time of his arrest (they did have evidence of tachycardia). This proves that Brian Hill was not “medically and psychologically cleared” at the time of arrest, but the arrest warrant affidavit had said that Brian Hill was “medically and psychologically cleared”. That is the fraud here. It is a material element of Brian’s criminal charge, meaning a element “material” to the guilt of a criminal charge, without that element a criminal conviction cannot occur under the U.S. Constitution, and thus only acquittal should be the end result. If a material element to a charged crime can be disproved by the criminal defendant with clear and convincing evidence, then Brian David Hill is innocent of his charge and can never be convicted of the crime as a matter of law. Brian David Hill = innocence.

The evidence offered is medicaid claims history, billing records from Sovah Hospital, Declarations from four total witnesses who heard Officer Jones admit in federal court that Brian was not being obscene, medical records from two different hospital visits, a Transcript from federal court proving that Officer Jones was a moron who didn’t even know Brian was type 1 diabetic when Brian was arrested, emails from Brian’s family and friend Eric Clark (from Kansas) to attorney Scott Albrecht a former Public Defender, written statements from Brian after his arrest filed in federal court, Autism TEACCH papers, DMV handicap placard form signed by a medical doctor), a FOIA Request with Martinsville Police Department, evidence of three court orders being violated by corrupt Commonwealth Attorney Glen Andrew Hall, Esquire, Declaration of Brian Hill under penalty of perjury, as well as other evidence and proof. It all shows a story of fraud, collusion, ineffectiveness, no real investigation by Martinsville Police Department who charged Brian quickly and washed their hands of the case, and covering up real evidence of the innocence of Brian Hill. This is no joke, this is not a game. If Brian filed a false motion this big and heavy full of proof, then he would be charged with contempt of court, so Brian had to make sure he followed the very letter of the law with this type of filing which has to be backed by real hardcore evidence. Brian would not file something serious without real proof, because he has a lot of proof and evidence which shows he is innocent of his charge from 2018.

Read a few past articles about the case with the most important information. Then you can download the pdf files, and read over the court filings and misc. legal documents for yourself. Learn the truth that Brian David Hill = Innocence. We tell the truth on this blog, we don’t lie. Read the documents. Proofs are everything. As Q said.
1. Brian D. Hill files two motions for acquittal of state conviction, one against suspect: JaCody Cassell of The Chimney Sweep, and one proving that he was not medically/psychologically cleared at time of arrest – Justice for Brian D. Hill of USWGO Alternative News
2. Brian D. Hill v. The Chimney Sweep; Complaint against Dr. Brant Hinchman of Sovah Health Martinsville (Hospital); Learn about the Carbon Monoxide poisoning which led to Brian’s state charge, he is innocent of his charge – Justice for Brian D. Hill of USWGO Alternative News
3. Brian D. Hill files Motion for Sanctions against Martinsville Circuit Court Clerk Ashby R. Pritchett for filing four false certifications in the Court of Appeals of Virginia with incomplete records while falsely certifying them as complete records of the inferior Court – Justice for Brian D. Hill of USWGO Alternative News
4. ADDENDUM to Corrupt Virginia State Bar refuses to investigate Glen Andrew Hall for his CRIMES, Commonwealth Attorney of Martinsville can break any law they want without any consequences!!!!!! – Justice for Brian D. Hill of USWGO Alternative News
5. Ashby R. Pritchett no longer the Clerk of the Court of Martinsville Circuit Court in Virginia not long after the filed Motion for Sanctions for four false certifications and filing incomplete Trial Court records – Justice for Brian D. Hill of USWGO Alternative News

Files:
– Motion-Circuit-Court1-26-2023.pdf – MOTION FOR SET ASIDE OR RELIEVE DEFENDANT OF JUDGMENT OF CONVICTION OF CRIMINAL CHARGE PURSUANT TO VIRGINIA CODE § 8.01-428(D), VIRGINIA CODE § 8.01-428(A) AND VIRGINIA CODE § 8.01-428(B) ON THE BASIS OF FRAUD UPON THE COURT, CLERICAL FACTUAL ERRORS
– Evidence_Exhibits-1-26-2023_Redacted.pdf (redacted version of what was filed with Circuit Court due to redaction of social security numbers original filename: Evidence_Exhibits-1-26-2023.pdf) – Evidence exhibits
– Evidence_Declaration-1-26-2023.pdf – Federal Evidence Declarations in support of motion
– 2proof-of-service-1-27-2023.pdf – Proof of Letter to Clerk of the Court of Appeals of Virginia being served with Respondents before being transmitted to Court of Appeals of Virginia.
– Letter-Clerk-CAV-1-27-2023.pdf – Letter to Clerk of the Court of Appeals of Virginia. Regarding Motion. Dated January 27, 2023.
– RE Martinsville Circuit Court, Motion for setting aside or relieve defendant of judgment, no. CR19000009-00, Commonwealth of Virginia et al v. Brian David Hill.pdf – Clerk Jean P. Nunn filed the Motion and evidence declaration, and evidence exhibits files. Filed with the Circuit Court on January 26, 2023.
– 01 MAN ADD 001_Redacted.pdf (Wayback Machine archive mirror) – Transmitted ADDENDUM Record of the Circuit Court proving that the Circuit Court has filed on its record the motion, evidence declarations, and evidence exhibits files/pleadings/filings.
– Martinsville Circuit Court, Motion for setting aside or relieve defendant of judgment, no. CR19000009-00, Commonwealth of Virginia et al v. Brian David Hill(2).pdf – Email to Clerk filing the MOTION.
– VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia et al. has been reviewed and accepted-1-27-2023(3).pdf – Clerk reviewed files submitted to Court of Appeals of Virginia and had accepted them for filing, case no. 1424-22. Proof of motion, evidence declaration, and evidence exhibits files being transmitted to Court of Appeals of Virginia.
– VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia et al. has been reviewed and accepted-1-27-2023(1).pdf – Clerk reviewed files submitted to Court of Appeals of Virginia and had accepted them for filing, case no. 1425-22. Proof of motion, evidence declaration, and evidence exhibits files being transmitted to Court of Appeals of Virginia.
– Virginia Courts Case Information System-January-27-2023.pdf – List of all pleadings electronically cataloged by the Clerk, may not contain the correspondences pleadings in such listings

Judge Giles Carter Greer of the Circuit Court for the City of Martinsville, has had a track-record of pretty much denying every motion Brian has ever filed (denied all motions asking for judgment of acquittal or new trial over the excuse of Rule 1:1, so don’t hold your hopes up, unless a miracle happens by the Grace of God and Jesus Christ.

Here are a few page screenshots of what is argued in the Motion as to what evidence is offered in support of every ground and every element of the allegations against the Commonwealth Attorney for fraud on the court.