Journalist files Motion for Mental Examination to prove Actual Innocence

Stanley Bolten,

Drum rolls, Journalist Brian D. Hill of USWGO Alternative News has filed a motion for a Mental Examination for the purposes such as to prove from an expert’s viewpoint of discovery evidence material that he gave a false confession to police, and to prove that he is not delusional.

The reason why is that Mr. Hill had made confession statements that doesn’t match the alleged state forensic report from the North Carolina State Bureau of Investigation. Which would be a false confession that the Innocence Project discusses on its website.

The case is currently being reviewed by U.S. Magistrate Judge Joe Webster of the U.S. District Court in Durham, North Carolina. Who will make a recommendation pleading to the U.S. Chief Judge Thomas D. Schroeder as to the disposition of Brian’s 2255 Motion requesting that his conviction and sentence be vacated on actual innocence ground and other grounds. The Government has three weeks to file a response to Brian’s motion otherwise it will be referred to the Judge for a decision to be made.

That right there is an example like what Detectives in California had done to Michael Crowe, a 14 year old boy at the time, who falsely confessed to the crime of killing his sister and gave a false story because one factor was that the Detectives told Michael that they had found his sister’s blood in his room even though there was no forensic evidence supporting it. Just like in Brian’s case how the Detectives told Brian that they found stuff on his computer without showing him the alleged material that they claim they found, thus the Detectives made a empty claim to induce a confession even if such confession is false. False confessions are caused by the controversial Reid Technique that law enforcement agencies use to attempt to obtain confessions.

They started with the blood Claytor said was found in Michael’s room. When Michael said he didn’t know how to explain it because he didn’t know how it got there, Claytor told him that under the rules of the game Michael wasn’t allowed to say “I don’t know.” As Claytor continued to push Michael, Michael gave responses such as “How am I supposed to tell you an answer that I don’t have? I can’t-it’s not possible to tell you something I don’t know,” and “You keep asking me questions I can’t answer. What do you want me to do? Make something up? Lie to you?”” – CROWE v. Michael Crowe; Stephen Crowe; Cheryl A. Crowe, Plaintiffs-Appellants, | FindLaw

I will not state the entire false confession of Brian in this article as it will be stigmatized and people will just think he is guilty without looking at the facts out of emotion. The emotions over his charge are contrary to logic, facts and the evidence. This articles purpose is wanting people to review over the evidence before reserving judgment and opinions. Instead I will point links to his motion and attached supplements as people who wish to conduct the research and read through a lot of pages will start to see how the facts of guilt to not line up correctly but his claims of innocence seem to be adding up. I will give a brief explanation of what he had request in his motion requesting a mental evaluation.

However the mental examination that Brian has requested appears to be from his request to Lepage Forensic Psychology Services in Durham, NC (likely in his bid to decrease the cost of testifying and travel expenses for such expert witness) that conducts court ordered mental evaluations. The evaluation requested in his “Petitioner’s Motion for requesting Psychological/Psychiatric Evaluation to Determine actual Innocence factor under False Confession element and to resolve the controversy/conflict between Government and Petitioner over “Delusional Disorder”” pleading is cited under the authority of Rule 35 of the Federal Rules of Civil Procedure where a Court can order a mental or physical examination of either party while the civil case is pending to produce a written report and can also be cross examined at a hearing if such cross examination is requested as part of due process depending on the case law.

The examination is to make a determination on Brian’s Autism Spectrum Disorder and Obsessive Compulsive Disorder in the role it played in both Brian’s false confession and Brian’s false guilty plea. Such evaluation as well as the Sixth Amendment deprivation of Brian’s constitutional right to effective assistance of counsel may also grant legal protections for him in regards to the possibility of facing a perjury charge over his false guilty plea under Rule 11 of the Federal Rules of Criminal Procedure since his false guilty plea was unconstitutionally obtained. Even if he were convicted of technical perjury for his false guilty plea since they require criminal defendants to plead guilty under Oath, his conviction could be overruled as unconstitutional due to ineffective assistance of counsel depriving him of due process protections since a criminal conviction has to be constitutional and that a crime has to come with intent. People that have no intent to commit a crime of perjury over the guilty plea such as being forced into a situation outside of that person’s control should not be convicted in my opinion, especially when counsel refuses to do anything to give that person a fighting chance at a jury trial.

However the mental examination will help the Court to better understand Brian’s mental health around the time of the false confession around August 29, 2012, and the false guilty plea entered on June 10, 2014. It may also cause sympathy from U.S. President Donald Trump to essentially consider pardoning him if the Assistant U.S. Attorney further retaliates against Brian’s Autism by charging him with perjury (for the guilty plea) over being found innocent of his charge of possession of CP just because he had falsely plead guilty or would have lost the jury trial due to no trial defense preparation established by his legal counsel. Theoretically it may not even be perjury since Brian would have lost the Jury trial due to counsel being so ineffective that his legal team (Head Public Defender and Assistant Public Defender) had failed to notice his false confession statements, and failed to notice the contradictions and any possible fraud by the Government.

The second function of his mental examination is over what he calls the “wrongful diagnosis of delusional disorder” from his pleadings. Brian has raised controversy that he does not recognize the diagnosis in his Declarations (Affidavits which are not notarized) and the U.S. Attorney Asst. responded that Brian besmirches those “that he perceives as his oppressors“, that “he exhibits the very diagnosis that he denies he suffers from” (referring to delusional disorder) and stated that Brian does not exhibit echolalia disorder. However I have read the TEACCH papers from his FOIA lawsuit and it explains that Brian through his Autism has exhibited both delayed and immediate echolalia.

TEACCH is a program by the University of North Carolina, inside of the Department of Psychology. TEACCH conducts evaluations to determine if children and even adults have the symptoms of Autism Spectrum Disorder. They were the ones, along with a law enforcement trainer named Dennis Debbaudt, that both together can show the Court that people with Autism can have a sophisticated form of echolalia and that they can give false confessions and misleading statements. Of course TEACCH doesn’t argue about the false confessions though, but their evaluations which reveal echolalia do add support to Brian’s claims and the claims of Dennis Debbaudt. So the evaluation can make an expert determination on whether Brian was fed information which was brought up a day later in his “false confession” statements to police detectives on August 29, 2012. Evidence shows that the Search Warrant did show the exact two terms repeated by Brian in his confession a day later. Then the police report also shows the Detectives telling the very same two terms and it’s full meaning days prior to the police raid at Brian’s residence at the time. So it isn’t farfetched for Brian to claim that he didn’t know what stuff was on his computer due to being hacked and that he believed it was a “Trojan horse” that he said he placed in his “recycle bin” on his computer. The facts show that Brian gave false confession statements as the statements do not match the North Carolina State Bureau of Investigation forensic report.

As for the delusional disorder in the last of my article before giving out the links, Brian did explain why he had made statements as to why he would appear to be delusional. He stated that: (1) he was not given access to his entire criminal case discovery evidence material until after his conviction in deprivation of his due process rights guaranteed under the U.S. Constitution; (2) that he was incarcerated in the county jail and had been victim to multiple shakedowns by jail guards which had lead to him screaming at the jail guards and having Autism meltdowns thus he kept mailing legal documents to his family to prevent them from disappearing during a shakedown; (3) that his diabetic health was not being taken care of properly by the jail medical staff while he was evaluated by Dr. Keith Hersh; and (4) that his counsel was so ineffective that his counsel didn’t attempt to provide any proof of Brian’s claims to the mental evaluator. Thus he argues that under circumstances, Brian should not have been diagnosed with “delusional disorder” and it should thus be ruled out. If it is ruled out as an improper diagnosis then it may be able to be stricken from the record or kept as one of many elements as to the part of the Government’s “fraud on the court”.

Anyways here are the documents for you to review.

CourtListener Docket sheet

MOTION entitled “Petitioner’s Motion for requesting Psychological/Psychiatric Evaluation to Determine actual Innocence factor under False Confession element and to resolve the controversy/conflict between Government and Petitioner over “Delusional Disorder” filed by BRIAN DAVID HILL. Response to Motion due by 7/17/2018. (Attachments: # (1) Supplement 1, # (2) Supplement 2, # (3) Supplement 3, # (4) Supplement 4, # (5) Envelope – Front and Back) (Garland, Leah)

Main Document – Document #151OCR text of document

Att 1 – Supplement 1 – Lepage Associates fee agreement and contract

Att 2 – Supplement 2 – Letter to Lepage Psychology asking for mental examination

Att 3 – Supplement 3 – CJA 21 Voucher requesting expert witness service to be reimbursed or paid for

Att 4 – Supplement 4 – Declaration (non-notarized affidavit) of Brian David Hill in support of his request for a mental examination

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