Author: Stanley Bolten
The corrupt Judge of the Circuit Court for the City of Martinsville in Virginia had denied Brian D. Hill’s motion to vacate or set aside his wrongful conviction on the basis of fraud on the court and factual errors of disproving elements of the charged crime. Brian Hill is legally innocent of his charge and for good reason. A criminal conviction should not be sustained with the evidence disproving the element of Brian Hill being assumed as “medically and psychologically cleared” when in fact he wasn’t. Other elements of the charged crime are also questionable and are disproven. Lab tests and drug tests were ordered but were covered up after being “deleted from the chart”. The judge Giles Carter Greer entered an order on February 14, 2023 denying Brian’s motion. Brian D. Hill is formerly the news reporter of USWGO Alternative News. Brian fought back by filing a Motion for Reconsideration of Judge Greer’s order denying Brian’s motion. He has yet to file a notice of appeal as he usually has a 30 day deadline to file such a pleading to trigger appealing that decision to the Court of Appeals of Virginia. He also filed evidence proving that his court appointed lawyer, Martinsville Public Defender asst. Scott Albrecht who was during Brian’s charge a Public Defender assistant who was supposed to have defended Brian in a court of law against Commonwealth Attorney Glen Andrew Hall, the prosecutor. Scott Albrecht had double crossed Brian after purposefully losing his case and allowing body-camera footage to be destroyed then was rewarded by being hired as the Assistant Commonwealth’s Attorney working for Glen Andrew Hall, the prosecutor. Brian claimed under oath about him discovering Albrecht now working for the prosecutor, argued that it was a conflict of interest, and that he should recuse himself or it is unethical under the rules of conduct for attorneys. Recently the new police chief Rob Fincher admitted to the unlawful destruction of body-camera footage which would have shown footage of Brian appearing to be intoxicated and under the influence of carbon monoxide gas toxicity, according to his proffered adverse inference. Adverse inferences are usually awarded to those who prove unlawful evidence destruction. Carbon monoxide is an invisible gas and cannot be detected by smell or taste. It cannot be seen by the naked eye. It can cause abnormal behavior, mental confusion, psychosis, hallucinations, fainting, abnormal heart problems, abnormal blood levels, and even death.
Brian Hill was very angry after his motion with all of his hard work plus a lot of evidence was ignored and disregarded, as usual. His family uploaded a YouTube video of Brian being angry at Judge Greer, Brian calling him a “crooked old judge” and may have used some cuss words directed at this judge, proclaiming that he has a first amendment right to say such things for this “crooked” judge. Brian is angry because no matter what evidence he files showing his innocence to his charge, the Judge just usually denies each and every motion as if the normal procedure is deny, deny, deny. His motions are rarely granted if at all, the judicial system is rigged against him.
Also viewable at Brighteon: https://www.brighteon.com/404ed0b5-71d5-42bf-b17b-a58088bf5720
– judge-giles-carter-greer-order-February-14-2023-martinsville-circuit-court.pdf – Judge Greer’s Order denying motion to vacate or set aside dated February 14, 2023.
– FireShot Webpage Capture 499 – ‘Virginia Judiciary Online Case Information System’ – eapps.courts.state.va.us.pdf – Proof that motion for reconsideration was filed.
– RE Martinsville Circuit Court, Motion for Reconsideration and separate Exhibits document, no. CR19000009-00, Commonwealth of Virginia et al v. Brian David Hill.pdf – Motion for Reconsideration was filed by Clerk of the Circuit Court, Hon. Jeanie Nunn.
– Motion-Reconsideration-2-17-2023.pdf – Motion for Reconsideration of Judge Greer’s order on February 14, 2023.
– RECONSIDERATION-EXHIBITS-2-16-2023.pdf – Exhibits in support of Motion for Reconsideration of Judge Greer’s order on February 14, 2023. Exhibit 5 has accidental omission of evidence Scott Albrecht is asst. Commonwealth’s Attorney.
– Declaration-Scott-Albrecht-2-13-2023.pdf – DECLARATION OF BRIAN DAVID HILL OF NEW EVIDENCE CONCERNING PUBLIC DEFENDER ASSISTANT SCOTT ALBRECHT IN SUPPORT OF 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
– Xfinity Connect Re_ Martinsville Circuit Court, Motion for Reconsideration and separate Exhibits document, no_ CR19000009-00, Commonwealth of Virginia et al v_ Brian David Hill Printout(2).pdf – Email filing asking Clerk to file accidentally omitted evidence of 2-page printout proving Scott Albrecht is asst. Commonwealth’s Attorney.
– Staff Directory • Martinsville, VA • CivicEngage.pdf – Refiling of accidentally omitted evidence of 2-page printout proving Scott Albrecht is asst. Commonwealth’s Attorney.
Evidence favorable to criminal defendant Brian Hill has been destroyed in two different ways. Laboratory tests were ordered after obtaining blood samples from Brian D. Hill. Then at some point Brian Hill was arrested for indecent exposure which triggered cover ups of evidence, then the laboratory tests were mysteriously deleted from the chart of his medical records. Covered up in the same manner as the police body-camera footage in violation of Police Department policy where if Brian is charged with a crime then the body-camera footage of the incident was supposed to be “marked” as evidence according to the information provided by Kendall Davis and the Police Chief Rob Fincher.
Normally cover ups are done by corrupt elements of the Government when evidence may hurt the prosecutor’s case in a charged criminal case. When evidence is covered up, expect the reasonable inference that the cause was a weak or unfounded one.
McCool v. Gehret, 657 A.2d 269, 276-77 (Del. 1995) (“According to McCormick: [W]rongdoing by the party in connection with its case . . . is also commonly regarded as an admission by conduct. By resorting to wrongful devices, the party is said to provide a basis for believing that he or she thinks the case is weak and not to be won by fair means. . . . Accordingly, the following are considered under the general category of admissions by conduct . . . undue pressure by bribery, intimidation, or other means to influence a witness to testify favorably or to avoid testifying; . . .McCormick on Evidence § 265 (John W. Strong, et al. eds., 4th ed. 1992). Accord 2 John H. Wigmore, Wigmore on Evidence § 278(2) (Chadbourn Rev. 1979). Wigmore states: It has always been understood — the inference, indeed, is one of the simplest in human experience — that a party’s falsehood or other fraud in the preparation and presentation of his cause, his fabrication or suppression of evidence by bribery or spoliation, and all similar conduct is receivable against him as an indication of his consciousness that his case is a weak or unfounded one; and from that consciousness may be inferred the fact itself of the cause’s lack of truth and merit. The inference thus does not necessarily apply to any specific fact in the case, but operates, indefinitely though strongly, against the whole mass of alleged facts constituting his cause. 2 John H. Wigmore, Wigmore on Evidence § 278(2) at 133 (Chadbourn Rev. 1979).”)https://casetext.com/case/mccool-v-gehret