Note: Everybody filing a FOIA request asking for criminal case discovery to prove actual innocence, Sorry buddy your not allowed to prove innocence!
A Federal Judge named Jackson L. Kiser, Western District of Virginia, has made a ruling under the Freedom of Information Act (FOIA) stating that a criminal Defendant claiming actual innocence has no right to request criminal case discovery material subject to protections under Brady v. Maryland and Giglio v. United States.
Judge Kiser even stated that both cases under the Fourteenth Amendment do not apply to Brian’s FOIA case. Brian D. Hill, the former news blogger of USWGO Alternative News, that was sued by Righthaven LLC that was featured in the New York Times.
This sets a new precedent where criminal Defendants that have not exhausted their 2255 motion under Writ of Habeas Corpus petition to “vacate, set aside, or correct a sentence by a person in federal custody”, are not entitled to their criminal case discovery, and new precedents may be set that criminal defendants are not entitled to proving actual innocence either because of the 1-year statute of limitations barring convicted criminal defendants from filing Writ of Habeas Corpus relief for Constitutional violations including actual innocence.
Brian has stated in multiple Affidavits, along with witnesses Kenneth R. Forinash, Stella Forinash, Attorney Susan Basko, and Roberta Hill, that Brian is innocent and has had ineffective counsel so severe that Brian falsely plead guilty and was not allowed access to the entire criminal case discovery until a few months after his criminal conviction according to the Federal Docket of his case.
This case really concerns me because it sets new precedent where anybody can plant sex material on anybodies computers, that there actually be evidence of innocence, and nobody be allowed to prove innocence because of the Federal Public Defender Office not wishing it so. They don’t want criminal defendants proving innocence because it will bring down the highly successful criminal conviction rate by United States Attorneys across the United States. A conspiracy for the Prison Industrial Complex to go after political prisoners and silence their opposition, and all they need is false evidence because criminal defendants will be allowed to by their own court appointed lawyers to see their discovery material until after the final sentencing.
Brian’s case brings this to light that the Federal Courts are willing to protect the Federal Public Defenders and even the Government rather than making sure that no innocent man or woman is convicted of a crime not committed, this is injustice for everybody and every American is subject to the tyranny and abuses of liberal Judges in our Federal Courts. They are such liberals that they will always agree with the Government, even when they present false evidence and perjury. They can violate whatever laws they want to as long as it is to stop potential sex offenses and terrorism. Doesn’t matter if a particular criminal defendant has a lot of facts of innocence, what matters is convicting every single person ever charged that is too poor to afford the best darn legal counsel they could ever have.
Here is the ruling by the DisHonorable Judge Jackson L. Kiser:
ORDER granting 48 Motion for Summary Judgment; denying 61 Plaintff’s Motion/Brief in Support of Notice of Waiving Right to “Motion Hearing” Under Document #59, Requesting Stay of Proceeding, or in alternative Request Counsel to Represent Plaintiff. Clerk is directed to close the case and remove it from the active docket of this court. Signed by Senior Judge Jackson L. Kiser on 2/6/2018. (mlh) – Document #64 – PDF and OCR text scan
Brian will likely appeal as he had hinted to Judge Kiser under Doc. #61 that he will set new case law precedent to change the Freedom of Information Act (FOIA) law and how the Constitution applies to criminal defendants using the FOIA to get access to discovery evidence material again to attempt to demonstrate actual innocence.