Note: Usually because of the frame up of Brian D. Hill, the corrupt police out there, we don’t usually back the blue because trust has to be earned, respect has to be earned. Police Chief Rob Fincher of the City of Martinsville has earned that trust and respect. He has admitted something that has solved some questions and mysteries. We will give credit where it is due. Rob Fincher has shown the professionalism and has corrected some wrongs done by Martinsville Police Department, we are grateful for him righting some wrongs in this short period of time he had been appointed as the new chief. Hopefully he will stay on the right path for years to come. He has done the right thing. God bless him for doing the right thing.
Author: Stanley Bolten
Evidence surfaced because of the new Police Chief named Rob Fincher, who is now the chief for Martinsville Police Department. Evidence of his statements about the body-camera footage being [sic] illegally covered up. Rob didn’t say the word illegal in that letter but we have evidence of the evidence cover up being unlawful/illegal. That evidence is being filed in both the U.S. District Court which is a federal court, and has been filed in the state court criminal case. All concerning Brian D. Hill, the former news reporter of USWGO Alternative News. Brian had also filed a motion for having the Circuit Court for the City of Martinsville to overturn his wrongful conviction for his charge on September 21, 2018, for the issues of fraud on the court. The body-cam footage was believed to have been evidence which would have been favorable to the defendant Brian Hill, and would have proven intoxication based on Brian’s statements, behavior, gestures, mannerisms, paranoia and psychosis at the time, having black outs of his memories, and having tachycardia two times at the hospital before he was arrested. The adverse inference proffered indicates that Brian was showing indications of being involuntarily intoxicated at the time he was arrested which is a actual innocence defense. It means that Brian was not guilty of his charge based on the cumulative evidence and the adverse inference of the destroyed body-cam footage. When evidence has been unlawfully destroyed and was intentionally destroyed, then a party in a criminal case or civil case has a right to argue an adverse inference to a judge or jury in a case as to the destroyed evidence how it would disprove the case of the other side.
The former Police Chief G. E. Cassady had blocked any investigation and ignored evidence into what really happened on September 21, 2018. There was a cover up of medical records by deleting the lab orders from the patient’s medical chart, and then evidence has later surfaced from the newly appointed chief of police. He answered three questions from criminal defendant Brian Hill. Rob said that it was the Department’s policy that all body-camera footage and other video evidence including police-car cam footage has a retention period, a period where potential evidence is retained only for a certain number of days to make room for new footage recorded by the Martinsville Police Department. Usually as per their policy, once somebody is charged with a crime or somebody files a lawsuit where certain evidence is material to that suit, the associated body-cam footage is then marked as evidence then preserved as evidence for an indefinite period. Meaning it cannot be destroyed as it would not be legal to do so. Also it is up to either the Commonwealth’s Attorney to mark the body-camera footage as evidence to not be deleted or an attorney or pro se filer serves a court order or litigation document on the Police Department; demonstrating that a certain specific footage which is temporarily retained as evidence by Martinsville Police is then marked for preservation as evidence for an indefinite period. This is according to the three page letter from Public Information Officer PIO Kendall Davis of the city of Martinsville.
Brian had filed this evidence of the admission from the new police chief with the Circuit Court in Martinsville, and had also filed four documents with the U.S. District Court with the same new evidence further demonstrating actual innocence and fraud on the court regarding his supervised release violation charge.
Rob admitted that the body-camera footage was destroyed on April 9, 2019 according to the records in his department. Rob was not the police chief in 2019, so nobody should blame this new police chief, as the chief at the time in 2019 was G. E. (Eddie) Cassady. Cassady had gone into retirement effective January 1, 2023.
Here are the documents:
State Court filings:
– Brian Hill FOIA Request.pdf – The evidence filed in both courts. The very response from the new police chief. The very evidence which tips the iceberg of truth.
– StatusLetter-Judge2-14-2023.pdf – Status letter to Judge Giles Carter Greer of Martinsville Circuit Court about the admission from Rob Fincher.
– Xfinity Connect Re_ Status of FOIA Request of Brian David Hill_ Printout.pdf – Email from Kendall Davis, PIO, with the email attachment Brian Hill FOIA Request.pdf.
– Fwd Status of FOIA Request of Brian David Hill.pdf – Email forward to Clerk, Commonwealth Attorney, and judge, to be filed in state case.
– Re Status of FOIA Request of Brian David Hill (case no. CR19000009-00).pdf – Email response from Brian’s family to Kendall Davis, copy also to Clerk, Commonwealth Attorney, and judge, to be filed.
– Martinsville Circuit Court, Declaration about Scott Albrecht in support of Declaration, no. CR19000009-00, Commonwealth of Virginia et al v. Brian David Hill.pdf – Also relevant here since it was Scott Albrecht who should have fought to preserve evidence.
– Declaration-Scott-Albrecht-2-13-2023.pdf – Declaration on evidence Public Defender asst. Scott Albrecht joined the Commonwealth Attorney which is a conflict of interest.
– RE Martinsville Circuit Court, Declaration about Scott Albrecht in support of Declaration, no. CR19000009-00, Commonwealth of Virginia et al v. Brian David Hill.pdf – Confirmed receipt of email with filing Declaration-Scott-Albrecht-2-13-2023.pdf.
– ShortSummary-2-14-2023.pdf – Short summary of the accumulative evidence proving actual innocence of Brian David Hill and fraud on the court.
– Roundcube Webmail _ RE Martinsville Circuit Court, Status Letter regarding recent FOIA response from Police Chief and Short Summary, no. CR19000009…pdf – Email filing Status letter regarding FOIA Request, status letter to Judge Greer.
Federal Court filings:
– Xfinity Connect Motion for leave of court to file new evidence of unlawful destruction of body-camera evidence_ Brian David Hill v_ United States, 1_13-cr-435-1, 1_22-CV-00074 Printout.pdf – Email to U.S. Attorney Office with the four new pleadings mailed off to the U.S. District Court; common courtesy to send text searchable pdf files of the mailed pleadings to the U.S. Attorney people. Being nice to the enemy.
– Xfinity Connect Read_ Motion for leave of court to file new evidence of unlawful destruction of body-camera evidence_ Brian David Hill v_ United States, 1_13-cr-435-1, 1_22-CV-00074 Printout.pdf – Read Receipt from Attorney L. Lin Wood, appears he was notified of this filing as well, probably due to the corruption involved here. Although G. E. Cassady has retired along with Ashby Pritchett too, close to around the same time, how odd.
– Declaration of New Evidence for 2255 case actual innocence(11).pdf – Unsworn affidavit/declaration in support of the new evidence concerning unlawful destruction of the body-camera footage. This is in support of Brian’s actual innocence claims in his second 2255 Motion.
– Exhibit List for Additional Evidence(2).pdf – Exhibit list
– EXHIBITS COMPLETE_Redacted.pdf – Exhibits with redaction to social security number
– Motion leave of court for submitting new evidence in second 2255(3).pdf – Motion for leave of Court to file newly obtained evidence in support of Brian’s actual innocence claims.
– USWGO_20230218_101654(OCR).pdf – Contents of what was mailed to the Clerk of the federal court.
– USWGO_20230218_110305(OCR).pdf – Certified mail and USPS receipt of mailing, proves that it was filed.
In the past we have written articles criticizing Martinsville Police Department‘s handling of Brian’s medical emergency on September 21, 2018 and treating it as a criminal offense. Now the new police chief has told the truth and had earned our respect on this blog. He helped reveal a true cover up of evidence, favorable to Brian Hill being innocent of his criminal charge.
Here is the proof that the evidence was illegally destroyed. We have on record, three court orders which asked for the body-camera footage. Two of them were filed before the evidence was reportedly destroyed on April 9, 2019. When multiple court orders were filed asking for it, but the evidence was never turned over to the defense counsel or even the defendant, then this violates the constitutional rights of a criminal defendant with such a guaranteed right to the Brady materials. Usually evidence is destroyed by the prosecutor in a criminal case when that very evidence may hurt the prosecution’s case and narrative of convincing a judge or jury to find a criminal defendant guilty of a charged crime. It is unethical and unprofessional for a lawyer according to Virginia state Bar rule 3.8. It is a criminal contempt of court, and is federal obstruction of justice in violation of federal law according to 18 U.S. Code § 1519 – Destruction, alteration, or falsification of records in Federal investigations and bankruptcy.
Court orders pdf file: court-orders-support-foia.pdf
Two court orders were not complied with before the destruction of the body-cam footage evidence. Right after the court had ordered so. This is obstruction of justice since Brian was charged with a federal probation violation as well in 2018. It is federal obstruction of justice for anybody including law enforcement to destroy evidence in their possession which could influence or obstruct a federal investigation. CORRUPT COMMONWEALTH ATTORNEY Glen Andrew Hall should be one of the primary suspects. HALL IS GUILTY OF EVIDENCE DESTRUCTION AND SHOULD FACE TRIAL.
Also it appears that Brian and his family members were writing Police Chief G. E. Cassady (now retired) at the time asking for the police “body-camera” footage. Cassady never responded to those letters and never preserved the evidence. G. E. Cassady should also be considered a suspect and be tried for obstruction of justice under federal law. Somebody contact the U.S. Marshals and have the former police chief investigated, INVESTIGATE G. EDDIE CASSADY.
The evidence is very sufficient, it is prima facie evidence. This evidence proves beyond a reasonable doubt that all safety mechanisms to prevent unlawful destruction of evidence had been ineffective and ignored. Every safety mechanism had failed. Evidence was intentionally destroyed and intentionally covered up. We thank Rob Fincher for revealing this truth, this fact from what he knew or was able to find out, he told the truth.