Brian D. Hill, the former news reporter of USWGO Alternative News, has filed a response in opposition to the Government’s motion for pre-filing injunction that also requests massive sealing of public court filings in his criminal case concerning evidence of his actual innocence needed to overturn his wrongful conviction.
Brian’s filing constitutes of a 117-page response and individually objecting and responding to each of AUSA Anand Prakash Ramaswamy’s allegations against him. The Assistant U.S. Attorney Anand P. Ramaswamy works for the Greensboro, North Carolina, branch of the United States Attorney office for the middle district of North Carolina. Supplements are attached to it and one is a Declaration by third party witnesses.
He had accused Brian of making defamatory statements without giving the Government’s witnesses an opportunity to respond, even though the U.S. Attorney has the power to subpoena and compel those witnesses to respond to Brian’s allegations in his court filings at any time at the Government’s sole discretion and authority. Why is the Government not giving them a chance to response to Brian’s allegations? Hmmmm. He accused Brian of publishing court documents from his own case to the Internet Archive (https://archive.org/details/HillvEOUSA), but they are not Brian’s uploads. They are my uploads and the documents come from other sources such as documents automatically uploaded by the RECAP tool, and are not even using a Internet Protocol (IP) address that would have to do with Brian at all since he is not even using the internet. Brian responded back by claiming AUSA Ramaswamy has made such conclusory allegation against Brian falsely without showing any proof and that he has no means to visit that website link to even be able to defend himself against such false allegations. He explained that Brian’s family owns Pacer.gov accounts and uses the RECAP plugin which automatically uploads such court documents to websites without any need of technical knowledge.
AUSA Ramaswamy had accused Brian of making suicidal threats and using suicide as a troublesome tactic in his case, however Brian had revealed that his medical records proves that Brian was placed on suicide watch since December 20, 2013. According to medical records from Forsyth County Detention Center which is also known as Forsyth County Jail. Brian also had stated that he was arrested by Special Agent Brian Dexter of the U.S. Department of Homeland security who worked in Winston-Salem, NC (Forsyth County). Brian revealed in his filing that he had feared he was being sent to a Guantanamo Bay detention site or CIA sanctioned black site to torture Brian for his political opinions and revealing political corruption after he was framed with possession of CP due to a computer hacking operation. Brian also specified that the Special Response Team (SRT) guards of that particular jail wear military-like uniforms which really struck fear into Brian that he was going to be waterboarded and tortured, stripped naked and piled on other naked detainees, having electrodes tied to his genitals, being chained to the ceiling, etc etc. So Brian did what anybody who fears that they may politically face extreme torture would do? threaten to commit suicide. So he was placed on suicide watch and was later removed from it which is obvious as he was able to make filings on a pro se basis not through his legal counsel. Brian had proved that his claims of suicide were not with threatening intent but were yet another fact of his actual innocence since he knew he was set up with child porn, knew he gave a false confession, but was afraid that they were going to torture him into admitting to guilt concerning his charge which would place him permanently on the sex offender registry and not being given a fair trial under the fear that he was to face torture like a suspected terrorist. Even him being given the false perception of the fear that he may be tortured due to being arrested by the U.S. DHS Agents is uncalled for and in itself is yet another form of coercion. Therefore the Government’s suicide claims are also just another jab to make Brian look bad when in reality he is wrongfully convicted and should be released from his felony conviction.
Brian has accused the Federal Bureau of Investigation (U.S. FBI), U.S. Department of Justice, N.C. State Bureau of Investigation, and/or the Administrative Office of the U.S. Courts of dereliction of duty, as well as any other government agencies that have refused or failed to investigate any of Brian’s complaints. Brian has also accused the Government of orchestrating a “fraud on the court” (you can read this publication by attorney Jonathan K. Tycko, “Responding to Falsification of Evidence” which further backs Brian’s claims) on June 30, 2015, during his supervised release revocation hearing which the United States Probation Office Kristy L. Burton who had made multiple false statements under Oath (perjury) against Brian and his family in order to push for his imprisonment for up to two years and up to six months of a federal halfway house (reentry center or community confinement center by the Federal Bureau of Prisons) like the same kind of prison-type halfway housing that political prisoner Dinesh D’Souza had been placed in.
Fraud on the Court, if it is proven, can face any number of sanctions. False allegations is one form of fraud on the court according to Rule 11 of the Federal Rules of Civil Procedure at that time, and perjury or forgery of evidence records and documents can have severe sanctions which can land anywhere from criminal charges to case dismissal or even summary judgment against the party that committed such fraud on the Court.
All of Brian’s so-called “conclusory allegations” as AUSA Ramaswamy have coined that term, is backed by Declarations under penalty of perjury, evidence exhibits filed under penalty of perjury, and other misc. evidence. Is it really conclusory allegations when backed by evidence?
What evidence has AUSA Ramaswamy even offered to prove his case? NONE, none whatsoever. He offers the docket sheet of Brian’s Freedom of Information Act (FOIA) case as evidence against Brian, that he may be engaging in vexatious, harassing, and duplicative lawsuits. However other than Brian’s Habeas Corpus case, his only lawsuit was his FOIA lawsuit and didn’t even have AUSA Ramaswamy as a party to the case. Ramaswamy’s second evidence was Judge Kiser’s warning admonishing that that Brian is “threatening the Government’s counsel” over asking for a criminal investigation into the other side for possibly violating federal laws to keep him wrongfully convicted. That hardly sounds like a “threat” to me to simply ask for a criminal investigation and not actually have the power and authority to initiate one. The other pieces of evidence is simply two federal case opinions by the Federal Court as published by Westlaw. However the two case laws are way more extreme than what Brian had even done in his entire life.
AUSA Ramaswamy had used the cases of United States v. Falice, and Mark Ward v. Maloney. In Falice’s case, he filed 192 fraudulent liens against judicial officials, law enforcement, politicians, court reporters, appellate court Judges, and Falice was also rightfully convicted of a crime that he didn’t even claim actual innocence either. In the case of Mark Ward, he was accused of harassing the other party for decades with filing over 10 different frivolous and repetitive lawsuits including both Federal and State courts. Both of those cases sound so extreme and are considered the merits of abusive filing that is meant to disrupt the judicial system and abuse the filings against other parties, and AUSA Ramaswamy has pretty much accused Brian of doing similar conduct. In Mark Ward’s case he was proven by evidence to being incorrect and his claims were not proven but the evidence worked against him. In Brian’s case he only lost his FOIA lawsuit because of certain legal technicalities and that his Appeal is still ongoing at the Fourth Circuit, U.S. Court of Appeals in Richmond, VA. Brian explained that his FOIA lawsuit is not completely closed and his 2255 Habeas Corpus petitioner has also not been dismissed yet.
Brian has explained how his filings do show his actual innocence collectively and collaterally together, with all of the evidence he has filed for the first time, as a whole, will cause any reasonable juror to find him not guilty of his charge.
The Government has not properly denied or addressed each piece of evidence and did not properly file objections. The only valid objection was that Brian had failed to mention that he exhibits a “delayed form of echolalia” as part of his documented Autism Spectrum Disorder. Brian has explained in perfect detail each confession statement he had made on August 29, 2012, at the Mayodan Police Department, and how each confession statement was proven inaccurate or false due to the coercion that was used against his autism. In sheer violation of Brian’s rdisability rights under the Americans with Disabilities Act (ADA) Title II. Backed by law enforcement trainer expert named Dennis Debbaudt, who had written the white paper on false confessions and misleading statements regarding autism. That issue was also brought up in an Autism Parenting magazine. So even that claim by the Government has been defeated.
AUSA Ramaswamy is a coward and he needs to admit that Brian has a “SLAM-DUNK” case of actual innocence or at least enough actual innocence claims that raises the bar beyond just raising at least one reasonable doubt to compel a jury of his peers to find him not guilty if he faces a new jury trial. If Brian’s case ever goes back to trial with the things cited in his filings, Brian has a slam dunk case of convincing even one reasonable juror to find him innocent, if not all of them. Proof of false confession, that the forensic report does not actually confirm that the number of files is of what they have convicted him of, contradictions, not the normal professional conduct procedures by law enforcement, the conflicts of interest, and more. If Brian doesn’t get found actually innocent, then something is wrong here.
No child pornography suspects have ever raised as much evidence proving his claims of any fraud on the merits, as what I have read from his case files and affidavits. They didn’t prove the number or files were of actual child porn. They didn’t even index any file lists, no blurred thumbnails, and no actual proof. Just saying “files of interest”, “images of interest”, or even “videos of interest”. They expect the lawyers and the jurors to say “Hey, they claim files of interest but that must be proven verifiable child porn found on his computer, we must convict this guy!”. The truth is that nothing was verified, nothing was confirmed, and the pages were made to create the appearance (the straw-man character assassination tactic) that Brian D. Hill is one sick guilty f**ker that needs to be imprisoned. However those conducting deep and thorough investigations would be able to easily poke holes throughout the Government’s entire criminal case. That was why he was given a prison sentence of time already served, not out of the kindness of their own hearts, but to get Brian on Probation, block him from using the internet for at least 10-15 years so he stops being political and operating USWGO Alternative News, and to cover up the truth that the Government had a weak case with entirely questionable evidence.
Let Brian prove his innocence I say to AUSA Ramaswamy!
What the hell is he waiting for? If Brian is really innocent then let him prove it otherwise your (Ramaswamy) a jerk that deserves to be politically tarred and feathered, to be plastered into comedy cartoons and parodies. If he is really guilty then it is Ramaswamy’s job to file evidence against him proving that Brian is really guilty but they cannot do that as there is no evidence that can overturn their fraud on the court.
Did Brian place a perjurer on the stand in court? No
Did Brian file fraudulent evidence with the Court? No
Did Brian bare false witness in Court? His only false statement was a “false guilty plea” which was caused by medical malpractice by the county jails and ineffective assistance of counsel which proves that his guilty plea was involuntary and unintelligent. It would be extremely difficult for the Government to win a perjury charge over his false guilty plea since many innocent people have been found to falsely plead guilty out of fear of losing the jury trial, according to The Innocence Project statistics. So Brian wouldn’t lose the jury trial for a “Rule 11” false guilty plea sanction, as his affirmative defense to the charge of perjury (regarding his guilty plea) was that his false guilty plea was caused by deprivation of his constitutional sixth amendment right to effective assistance of counsel and his deteriorating health while incarcerated. Other than that, Brian has told the whole truth and nothing but the truth so help him god.
Did Brian file false reports with the Court? No
Did Brian file false evidence with the Court? No
Did AUSA Ramaswamy put a perjurer on the stand which is considered fraud on the court? Yes
Did AUSA Ramaswamy attempt to correct the mistake by informing the Court of Kristy L. Burton’s perjury after Brian had filed overwhelming evidence proving that she made multiple false statements under oath? No
Did AUSA Ramaswamy properly respond to Brian’s allegations against AUSA Ramaswamy of “fraud on the court” by putting a liar on the stand? No! He didn’t properly respond by filing false allegations and conclusory allegations against Brian instead of explaining to the court why he had erred or engaged in prosecutorial misconduct as Brian has claimed.
AUSA Ramaswamy has committed the very behavior that he had accused Brian of in his motion for pre-filing injunction.
Here are Brian’s response filings and that will be all for tonight!
REPLY TO RESPONSE to 144 MOTION for Leave to File entitled “Petitioner’s Response Brief in Opposition to “Government’s Response to “Motion and Brief for Leave to File Additional Evidence” and Government’s Motion for Pre-Filing Injunction” (Document # 148 ) and “Memorandum in support of Government’s Motion for Pre-Filing Injunction” (Document # 149 )” filed by BRIAN DAVID HILL. (Attachments: # 1 Supplement 1, # 2 Supplement 2, # 3 Supplement 3, # 4 Envelope – Front and Back) (Civil Case number: 17CV1036) (Garland, Leah) (Entered: 04/09/2018, Filed: 04/06/2018)
God Bless America! Arrest AUSA Ramaswamy for his blatant acts of omission or cover up of innocence evidence and crimes.