NOTE: It is clear that Brian D. Hill is innocent of his 2018 charge. Enough evidence shown that he was a victim of carbon monoxide and a threatening email/greeting card campaign. Time to acquit or PARDON Brian D. Hill. I recommend that you sign the petition for him to be granted an “Absolute Pardon” declaring this man innocent of his 2018 charge.
Author: Stanley Bolten
Brian D. Hill, formerly of USWGO Alternative News, has filed his final appeal brief in the Circuit Court for the City of Martinsville in the Commonwealth/State of Virginia. This is in regards to three out of seven pending appeals before the Court of Appeals of Virginia (CAV). Those three appeals concern the judge Giles Carter Greer denying Brian’s motion for statutory relief due to fraud upon the court, and a motion to reconsider the order denying that very motion. Brian filed both motions out of proving that multiple elements of Brian’s state criminal charge in 2018 were not true based on the evidence. Brian received a letter from the public-information-officer (PIO) Kendall Davis with information directly from City of Martinsville Police Chief Rob Fincher. That three page letter had proven Glen Andrew Hall, the Commonwealth’s Attorney for Martinsville, was solely responsible for not marking body-camera footage as evidence which is retained on an internet server maintained by Martinsville Police Department. It is the DVMS system which retains recorded police body-camera footage and police car-cam footage. The police chief acknowledged that there were two different video recordings from both the body-camera worn by Officer Robert Jones who arrested Brian and the video from inside the police vehicle while Brian was being transported to the Martinsville City Jail from Sovah Hospital. See article: Exclusive: Police Chief Rob Fincher of Martinsville admits body-camera footage destroyed ([sic.] illegally) during former Chief G. E. Cassady’s administration over the police department; Commonwealth Attorney Glen A. Hall (Andy Hall) refused to mark body-camera footage as evidence after two court orders for that evidence; obstruction of justice proof – Justice for Brian D. Hill of USWGO Alternative News. The filings were successfully filed with the Court of Appeals of Virginia. The case information indexes acknowledge that the filings were filed on Friday, December 1, 2023.
FILES:
1. APPEAL-BRIEF-DEC-1-2023.pdf – Brief of Appellant Brian D. Hill, filed December 1, 2023
2. Appellant-Designation-DEC1-2023.pdf – Designation of record of Appellant Brian D. Hill, filed December 1, 2023.
3. APPELLANT-LTR-DEC-1-2023.pdf – Emergency Letter of Appellant Brian D. Hill, filed December 1, 2023.
4. proof-service12-1-2023.pdf – Evidence of service process. Evidence of pleadings being served with the Assistant Attorney General Justin Hill, who represents the Appellees.
5. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted(3).pdf – Filings reviewed by Clerk’s office and was accepted for filing.
6. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted(2).pdf – Filings reviewed by Clerk’s office and was accepted for filing.
7. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted.pdf – Filings reviewed by Clerk’s office and was accepted for filing.
8. RECORD OF THE TRIAL COURT. Necessary to understand page citation in appeal brief and in Assignments of Error. https://mega.nz/folder/yNgSFQKK#fb81TOEhjuae4DQAEysSmw and https://archive.org/details/CommonwealthvHill-record-June-12-2023 (That way you can check the specifically mentioned areas of the record in the Assignments of Error.) This is real hardcore evidence by a criminal defendant showing actual innocence. Disproving elements of a charged crime can mean permanent acquittal. When a law requires certain elements to prove the law was broken; and certain elements are disproved, then the person didn’t break the law and is innocent. The social security numbers are redacted.
Brian had been charged with contempt of court earlier this year by the Martinsville Circuit Court for his freedom of speech where he had accused the Hon. Giles Carter Greer of fraud. Brian’s mother written an article about freedom of speech and contempt of court. The case had been dismissed by a joint motion by both the special counsel/prosecutor and Attorney Fred Smith who represented Brian during the contempt of court proceedings. The appeals were stalled during the pendency of the contempt proceedings. Assistant Attorney General (Virginia) Justin Hill, counsel for the City of Martinsville and Commonwealth of Virginia had filed a motion to consolidate all appeals while Brian Hill was not allowed to file in the state courts for six months during the pendency of the contempt proceedings. Brian couldn’t file any response or ask that he still be allowed to file for his three remaining appeals.
Files (Motion to Consolidate seven appeals):
1. Hill – Motion to Consolidate all 7.pdf – Appellees motion to consolidate
2. 061223 letter – delay motion for record 0313-23-3.pdf – Letter from Clerk about not acting on Appellees motion to consolidate all seven appeals until after receiving the record from the Trial Court.
3. 063023 three-judge order, GRANT motion to consolidate 0289-22-3, 0290-22-3, 1424-22-3, 1425-22-3, 0313-23-3, 0314-23-3 & 0317-23-3.pdf – Three judge panel granting motion to consolidate.
Brian had no choice but to file a motion for leave of court to file both his appellate brief and designation of the record. Brian had filed the motion on October 27, 2023, and no decision has been made yet from any of the judges in the Court of Appeals of Virginia (CAV). Brian said in his emergency letter that he assumed the CAV was waiting 40 days for his filings to be filed timely after the filing date of his motion in order to be granted leave of court to file both his brief and designation. So Brian filed them and the fact that the Clerk marked the date of filings means that it was not rejected outright. Here are the files of the motion for leave of court and proof that it was accepted by the CAV.
Files:
1. Motion-10-27-2023.pdf – Motion for leave of Court by Appellant Brian D. Hill. Motion is requesting leave of court to file both Appellant opening brief and designation of the record.
2. ALL-EXHIBITS-10-27-2023.pdf – All exhibits in support of motion for leave of court.
3. proof-of-service10-27-2023.pdf – Proof of service upon counsel of Appellees, Justin B. Hill.
4. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted(2).pdf – Filings reviewed by Clerk’s office and was accepted for filing.
5. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted(3).pdf – Filings reviewed by Clerk’s office and was accepted for filing.
6. VACES eFiling submission for Brian David Hill v. Commonwealth of Virginia, City of Martinsville has been reviewed and accepted.pdf – Filings reviewed by Clerk’s office and was accepted for filing.
Brian filed his appeal brief with some very harsh assignments of error. Assignments of error is essentially what the Virginia judicial/court appeal process calls as “err” or “error”. Every court is different in how they label certain legal terms. An ‘assignment of error’ means an actual error and describes how the court had made an error in a decision from a court or tribunal. It can be a legal error or factual error. It can be error of the judge not doing his or her ministerial duty. Anyways, Brian made assignments of error with the police admission letter arguing that the lower Court should in fact charge Glen Andrew Hall with contempt of court one to three times for disobeying court orders and then causing evidence to be illegally deleted. Brian was upset after he was charged with contempt of court for his freedom of speech which was protected under the First Amendment of the U.S. Constitution. Brian argues back that the Commonwealth’s Attorney had disobeyed court orders and refused to follow them which is technically contempt of court under Virginia Law. Brian is asking in multiple assignments of error for the Appeals Court to order and remand, to compel Judge Greer to charge the Commonwealth’s Attorney with contempt of court under Virginia Code § 18.2-456. “Cases in which courts and judges may punish summarily for contempt.”.
So Brian is turning the tables now. Brian felt like he was being treated unequally when he was charged with contempt. Now the tables have turned and Brian is asking the Appeals Court of Virginia to find that the Trial Court acted in error or abused discretion by not charging Glen Andrew Hall (Andy Hall) with contempt of court.
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