Human Rights Violations

On June 14, 2012 I sent an email from inside prison via contraband phone to several people who showed concern by making hone calls to the authorities about the deadly and inhumane imprisonment conditions where I was serving time for “Escape”.  My wyer, Marcia Shein from Decatur, called warden Stanley Williams when the legal mail she sent was not being delivered to me. Paper mail is regulated in prison, even legal mail can get lost.  E-mail is not regulated - so e-mail enables a power that was intended to be forbidden by the prison administration. By using this forbidden power, I contacted individuals which ultimately manifested my release from prison on October 5, 2012.

The full text of my USC 1983 lawsuit describes how I was held naked in a cold cell for weeks, put on disciplinary diets for months, held in a 2 man cell with 4 men in it while 2 of them had active staph infections, had my mail tampered with, had housing intending harm including 60 days in the booking intake area, and denied legal necessities by the same sheriff who stole my laptop computer.  The Federal court in the Northern District of Georgia has failed to respond to these violations of the US Constitution in a timely manner, so the situation is being presented to the United Nations Office of Human Rights that upholds the “Universal Declaration of Human Rights” which has also been violated.  The matter should be brought to international courts if federal authorities will not condemn the illegal actions of state authorities.  It is appropriate for the UN to take jurisdiction according to the founding charter of the United Nations. 
The email I sent from prison on June 14 rightly accused the State of Georgia of trying to kill me. That e-mail caused the Georgia Department of Corrections to send an Internal Affairs investigator to meet with me the following day. Prison administration, angry for the stir I caused with forbidden internet access, punished me with various acts including a month in isolation (the hole), 5 property shakedowns and strip searches in a 5 week period, and being locked in a 1 man shower stall multiple times once for 5 hours. During the time I was in the hole the violence in the dorm I came out of escalated with over 10 new stabbings in just a few weeks. On July 19, 2012 one prisoner died in that dorm.  At the time I sent the e-mail there had been 18 people stabbed in that 100 man dorm during the 9 months I had been there.  About 30% of the prisoners in that dorm were stabbed in a 10 month period.  National Geographic recently called Smith State the worst prison in Georgia and one of the worst in the US.  The Georgia Dept. of Corrections put me in the most violent dorm in that prison.  My assessment of the danger being life threatening is accurate based on the facts. Georgia authorities use indirect capital punishment by creating the form of imprisonment and classification that they do.
This was actually more of an escape from Smith State Prison (Level 5 Disciplinary Camp) than a release due to people calling the prison and other authorities after learning of my situation via my contraband internet access.  I was unexpectedly released on parole to no address. I am as free as a homeless man on house arrest.  The federal court in the Northern District of Georgia recently ruled that my indigent financial state allows me to proceed in court without paying fees, therefore parole fees will also be an unreasonable demand. 
In 2008 the 9th circuit in the Northern District of California ruled in my case when I violated federal probation for not reporting or paying fees: The Honorable judge Martin Jenkins ruled that I was Not Guilty because "the United States does not have a debtor’s prison". He then ordered the US Marshalls to reimburse my meals, hotel, and travel costs while I attended the probation revocation hearing in San Francisco. The Honorable Judge Martin Jenkins made that constitutional ruling that set me free while the US Attorney petitioned for prison time. Judge Jenkins has since moved from the 9th circuit to the U.S. Court of appeals. I am free from fines fees and obligation. Unjust probation justifies escape. Bartow County owes me lunch.  The State of Georgia owes me freedom.  They are in debt with me.
I was on unjust misdemeanor probation in Bartow County.  The details of that “Reckless Conduct” charge in 2009 that turned into probation for climbing to the top of a water tower is documented in part 13 of my 2009 journal that contains photos of the climb and the documents of the double booking and double bonding episode that kept me initially imprisoned for 21 days for climbing the ladder.  I had already been illegally over punished.  I never reported to probation, and was arrested one year later for no reason other than that.  The "Bartow Blotter" recorded that arrest on October 15, 2010 stating [* Brian Troy Aberle, 38, of 1101 N. Tennessee St., Cartersville, was arrested by Cartersville police and charged with probation violation.] The sheriff’s son, David Millsap, was a frequent guest at that address where I was conducting my personal investigation into the truth.  I was sentenced by the probation officer to my choice of 9 weeks in jail or to pay a $2500 fine in addition to all that they had cost me already. I also knew about corruption in the Sheriffs Department. I chose to escape.
This was my first escape.
The arrest required coordination between US Marshalls, Cobb County Sheriffs, Bartow County Sheriffs and City of Smyrna police all of which were present for the arrest. The warrant did not grant authority to take my property. However, Bartow County deputy Gavon Wilkins took my laptop during the arrest. Why did they want the laptop so bad that they broke the law to take it?  He was outside his jurisdiction and without a warrant to seize property. The sheriffs should be held to law and prosecuted for Theft by Taking, of my personal property. Bartow County demands money from me while they are in debt with me and therefore deserve even greater condemnation. They charged me with Theft by Taking for the clothes I took during my escape therefore they will be judged for what they did actually steal. The theft was the least of the crimes that I experienced in Bartow County. I filed a lawsuit about the cruel, unusual and unconstitutional conditions that I endured under the Bartow County Sheriffs.   The Federal court in the Northern District of Georgia has taken over a year and still not made a ruling in this civil rights lawsuit titled "Brian Aberle vs. Clark Millsap". The federal court has neither administered justice nor responded in a timely manner considering the serious and extreme violations documented in this lawsuit. The content of this lawsuit quickly came under FBI investigation. FBI agent Stanley Slater came to interview me at Smith State Prison on February 01, 2012 regarding this lawsuit. The full text of the lawsuit is published here:  Back in 2007, the federal court in the Northern District of California had put me on probation because the over-zealous US Attorney was able to write a confession regarding my 1999 tax return inaccurately and threaten my wife and co-defendant with state custody of my children to leverage my wife of 13 years and mother of my 7 children to sign the confession as they worded it. She was told she would serve prison time if she did not sign it. My confession was written by the same US Attorney and came with the promise of release from incarceration if I agreed to his version of the confession.  At my first hearing to enter the plea, after the judge had finished reading the confession he asked if the confession was correct, and I answered "That’s not exactly how I would explain it". The honorable judge terminated the hearing because of my answer but rescheduled the hearing for the following day when I was instructed that I must say "yes" to be released.   I am actually innocent of "Tax Evasion".  I pay tax that I owe and never misstated anything on my personal and corporate returns that were filed by a CPA.  I explained the details in a chapter I wrote in a 2006 book titled "If I die this is why they did it." That book about illegal tyrannical IRS policies also included a chapter about the failure of the war on drugs, a topic that led me to Bartow County.  I am also actually Not Guilty of Escape, because the incarceration was not constitutionally lawful therefore the escape was. To be certain the sheriff knows I am unapologetic, I escaped a second time. The second escape took place out of the "Maximum Security" dorm where I climbed the recreation yard wall to the roof above visitor parking, beyond all the fences. Sheriff Clark Millsap knows me as a journalist or investigator researching about the whole story behind the convictions of a senior GBI agent who maintained a desk at the Bartow County Sheriffs department, and a former captain and head of the Drug Task Force for Bartow Sheriffs Department. They were convicted for pocketing cash and reselling guns illegally confiscated from drug dealers. I had emailed Sheriff Clark Millsap long before the escapes regarding my work. Nobody was ever prosecuted for all the drugs stolen from the Sheriffs evidence locker and from drug dealers. Those drugs were sold back onto the street in Chattanooga. When the drugs were stolen from the evidence locker it caused the district attorney to become aware that evidence required for trial was not available. The District Attorney chose to focus his energy on getting a plea confession signed at any cost. The cases that demanded a jury trial were eventually dismissed for statute of limitations expiration. The DA, Sheriff, and Judge help to conceal the true extent of the crimes that actually took place in their county. All the convictions by plea are void due to the unscrupulous motivation to deny a trial that is a constitutional right.   The failure of justice is in plain sight for all who are willing to look at it. I escaped two times from a sheriff that had drugs stolen from his evidence locker. The sheriff and judge together chose to cover up the theft and punish the escape. The FBI also chose to under-punish the sheriff’s captain who was only charged for pocketing cash and reselling guns that were illegally confiscated from drug dealers. The actual amounts were no less than $800,000 but only a small fraction of that was on the indictment. The juries agreed that my case was over charged and found me Not Guilty of the additional indictment charges that were also "Terroristic Threats" that I allegedly made to Sheriff Clark Millsap, "Dissemination of Terroristic Threats", "Interference with Government Property" and "Theft by Taking".  All I did was "Escape", I never threatened him with anything but truth. Those who by mercy had been undercharged were overcharging me so they deserve the greater condemnation.   The justice system is perverted.  When the sheriffs son, David Millsap, was first caught with drugs and a gun he was not booked at the jail until 19 hours later after deciding that it could not be ignored due to the witnesses.  This gave him time to go home, call dad, and get his bond money ready so that he could bond out before ever being held in custody at the jail.  It would be nice if average people got such good treatment from the sheriff when they get arrested with dope and guns.  David Millsap’s indictment didn’t come until 4 years later.  My over charged indictment came immediately; his was almost lost for good.  The District Attorney says that there is no foul play in the justice system but those with eyes to see must willfully believe that lie or reject that lie.   My lawyer, Marcia Shein, has been ineffective against such collectively powerful people that work together to manipulate justice. She recently told me that she would need more money if I want to have private investigators document imprisonment conditions that justify escape and cause my trials to have been unfair without access to mail, phones, visitation, or even pen and paper while in the custody of Sheriff Clark Millsap.  She has exhausted my finance resources and Bartow County has already paid for two jury trials.  I deserve another jury trial since I had no lawyer and represented myself Pro Se at both trials when the violations of my rights denied me a fair trial.  I need a Change of Venue which judge Carey Nelson already denied.  The judge was aware of the barbaric conditions of my imprisonment and my research and he allowed the trial to take place. He is Party to a Crime of convicting me to further his Party to Crime in the cover up of the drugs stolen from the evidence locker.  I am scheduled to have un-honorable judge Carey Nelson rule on a motion for new trial on November 27, 2012 in the Superior Court of Bartow County.   I have additional documentation that explains more.  Everything can be found from here: At the above link you will see a list of folders. In the "Book" folder you will find the manuscript of "If I die this is why they did it", and the journal files that must be unzipped to your machine to be properly viewed with the images and audio that are important portions of this documentation.  In the folder labeled "Business" is a technology prospectus of my software development company, United Business Technologies. In the “Other” folder is music and video I publish. I included my resume of my professional background, summarized it is this: Expert integration (B2B) technology. I served as Architect and engineering team lead (of the team with the most critical path dependencies) building a $2B NCIS National Clinical Info System. I presented project designs to the Kaiser CTO(Paul Fingeman at the time) on behalf of SAIC who won the contract.  SAIC is the largest private engineering firm in the U.S. and they consulted me for leadership positions.  I am internationally recognized as an expert in software architecture.  I publish an open source public project at as ‘XMLFoundation.’        Resume of Brian Aberle   Life Skills: ·         Listening carefully is my greatest skill, discerning what to listen to is my gift ·         Leading by example and earning the respect of the minority who provide the majority of work effort ·         Explaining complicated things in simple terms and only contributing beneficial input ·         Identifying theory amid facts, finding failure points, and second guessing assumptions Technical Skills: ·         Extensive use of C++ Framework Design/Development - Java/VB/.NET environments ·         Expert XML/B2B built XML parsers, bridge DCOM-CORBA w/ XML, Distributed XML Objects ·         Security: OpenSSL, SSLeay, RSA, RSA Bsafe, X.509's,  Cert Authorities, Design patterns, 2Fish ·         Performance Patterns: Advanced threading, pooling, caching, recycling, memory management ·         DBMS usage: SQL engines, DB-LIB, OCI, 4GL SQL generators, TP monitors, SQL parsers ·         Servers (Internet Commerce, Security, Data Warehouse) - HTTP/ISAPI/CGI/XML interfaces ·         Project planning and design - Foundation and Architecture design for large team implementations ·         Enterprise Distributed Application Architecture and Development (CORBA, DCOM, RPC) ·         Smart card E-Commerce technology - iButton, Spyrus, VISA open platform ·         Develop on: Intel/Alpha NT, RS6000 AIX, Solaris,  VAX , IBM 36/38&AS/400, x86 Linux,ARM(CE) ·         Application Server Technologies Design (Transactional Integrity, MTS, Encina, Tuxedo, MSMQ) ·         Tunneling, Routing, and Bridging of TCP connections and protocols across several platforms Industries:   Banking, Cellular, Credit Cards, Data Warehousing, Internet Commerce, Insurance, Medical, and Scientific Education:                     Advanced OLE class- (Univ. CA Berkley extension)  Hayward, California  1995   Client/Server Technologies - (AMS)   Hoevelacken, Holland  1994   Object Oriented Analysis and Design Theory - (DBMI)  Lisbon, Portugal  1994   IBM Mission Critical System Recovery Training - (IBM)  Atlanta, Georgia  1992   Metropolitan State College of Denver (1 year)  Denver, Colorado  1992           United Business Technologies (B2B Technology Vendor Initiative)                        Founder and Owner                                                                                                                          2000 to Present Most recently my focus has been in development of systems integrations components.  I architected and managed development of TransactXML server, a transactional XML layer over most databases on most platforms, that supports joining foreign databases to render a single XML document.  XMLJournal magazine called it “World Class”.  I architected XMLFoundation.  I also contributed to DesignerXSL, an XSL design tool debugger and XSLT transformer.  I designed and developed Xfer, an engine for connecting across sub-networks and unlike platforms securely.  Xfer allows secure connection routes to be established through various firewalls by tunneling through HTTP and “reverse connecting” through NAT routers using polling, this works well in conjunction with the previous products mentioned.  I also designed and developed PackMan(Package Manager), a portable file system useful to deliver business documents such as invoices that accompany digital data such as sound, images, CAD files or designs.   SAIC for Kaiser Permanente (NCIS Project)                                                    Consulting Team LeadOakland, California                                                                                       Nov 1997 - Jan 1999 ·         Served as Core Team Lead for NCIS (National Clinical Information System) to serve 60,000 MD’s ·         Lead the development team with the most critical path dependencies on largest project in the world I served as Architect, Team Lead, and Programmer building the largest health care information system in the world. I discovered a DCOM scalability enhancement in 1997 that allows the server to connect many clients through a single instance of a stateless server-side interface. I produced better scalability than could be achieved through a well-implemented Transaction Server Interceptor and presented the proposed architecture to the vice president for technology planning at Kaiser Permanente on behalf of SAIC. I developed object serialization in XML format. COM & CORBA objects serialize to and from an XML stream to transfer proxy cache state. My team built an XML 1.0 parser with DTD validation. XML parsed directly into destination business objects without building memory trees or using DOM. Database requests and responses pass through XML representation to construct distributed objects. Many teams were dependent on our stable and timely deliverables in the 600 man NCIS (National Clinical Information System Project) Phase 1. My team fully researched every aspect of building the best possible DCOM and CORBA servers. The CORBA Server implements complete custom memory management and distributed reference-counting designs. We built Smart Proxies and tested many different scenarios with respect to TP monitors, Threading, Object Recycling, and Thread Pooling. I was responsible for building the Object-XML development framework and XML parsers used by almost every development team, and business affiliate (Ontyx, Oceania, Pegasystems) for the NCIS project during phase 1. Neopost (E-Postage Project for US Postal System)                                             ConsultantHayward, California                                                                                        Jan 1999 - Mar 2000 ·         Served as software developer with full authority of implementation design and methods Developed complete back end processing system, end user software, and customer service representative tool as an XML client that made all database updates through XML using UBT’s TransactXML Server.   XML Query responses were transformed through our custom built XSL engine into HTML for viewing and ACH for payments.  The system consisted of a moderately complex transactional model with hundreds of stored procedures and database integrity rules that were impossible to validate through standard DTD. The end user product was a Smart Card based system that stored digital cash to print postage and render 2D postal barcodes with USPS sender tracking data, built as a browser based application.  Use of digital signatures was certified for validation using NIST FIPS guidelines. The use of XML to represent all database updates was bleeding edge in 1999.  Unlike other pioneering efforts of the time, our solution did not consist of special server side processing logic for each transaction.  Siemens Medical Systems      (Primeview project)                                                    ConsultantConcord, California                                                                                               1997 and 1998 ·         Developed software to meet an internally prepared detailed design specification I developed a Radiation Delivery information system for Siemens Medical. The software was in the strictest FDA classification -- Death may result from system error -- as it controlled motor movement and radiation intensity and duration - (like Therac 25 did). The software allowed for an industry first, delivering precise radiation doses through a Liner Accelerator in an auto-sequenced delivery. Virtual electron beam intensity shaping was implemented in software by shifting patient position and accelerator position during an electron treatment. The ‘virtual beam’ was modeled in the software GUI by calculating a cumulative dosage intensity graph within the treatment area accounting for both the motorized movement of the patient and the accelerator. The "auto-sequenced" delivery software safely scripts all steps of a prescription delivery so that human operator error is reduced and treatment time is reduced. db-Centric                                                                        Lead Developer / (unvested)ShareholderSan Francisco                                                                                                                1997 ·         Developed a very high performance and advanced SQL tokenizer aware of datamart distribution I worked for db-Centric as the first employee. The single product builds a virtual database around existing datamarts and foreign DBMS’s. It employs a runtime-conditional server assignment based on SQL WHERE clause, client user, and/or physical location of the client machine. The SQL parser re-writes and optimizes SQL on the fly based on pre-defined business rules that allow your SQL to remain ‘unaware’ of datamart partitioning for large data warehouse implementations. The simple design gives our product a huge performance improvement over competing products (HP’s Intelligent Warehouse). Intricate caching schemes improve efficiency even more. Three programmers including myself created this technology featured by Microsoft in the November 1997 Comdex show. On August 10, 1998 db-Centric was acquired by Aris Corporation, Aris has since become Ciber. The EC Company                                                                                                    ConsultantPalo Alto, California                                                                                                 1995 and 1996 ·         Responsible for product development and the accounting system integrations design I worked for one of the first business ventures in a category that was initially considered ‘Electronic Commerce’, but years later came to be called B2B.  I worked for The EC Company integrating ‘Internet/Application EDI’ with off the shelf and custom accounting systems. My responsibilities included presenting the technology to investors and leading all C++ development. I helped the company grow from 5 to 60 people in 16 months through the initial 3 rounds of financing.  At the end of the third financing round I was the 5th largest shareholder. I developed the award winning client side interface that used RTF to render business documents through a custom built engine that very much resembled a modern XSLT, but this was several years before XSL was even a concept technology.  EC Exchange beat the reviews of competing pre-XML B2B products from GEIS and Harbinger according to InfoWorld. Anderson Consulting and Stanford Research Institute endorsed the technology.  The ABA (American Banking Association) briefly adopted the system as a standard of electronic commerce. The initial success completely changed the founding group, which came to include several prominent forces in Silicon Valley, the technology fell into new ownership, and eventually became licensed by a public company seeking to be a vendor of B2B technology. TRW Financial Systems (DGB Project)                                                                      ConsultantOakland, California                                                                                                         1995 ·         Developed threaded applications for a large Windows NT/Solaris image- messaging system. This was the first fulltime work I ever did as an independent contractor, a step forward in one degree and also backward as my role in the project was minimal.  I came into a project that was nearly complete and in the final stages.  In my 6 months there, I developed a much cleaner interface for them and resolved a complex threading deadlock situation that had been a long-standing issue.  I also was introduced to a new way of business in Silicon Valley.   AMS for AirTouch Cellular                                                                                     Sr. Pgmr AnalystLisbon, Portugal (lived in Estoril)                                                                                          1994    ·         Developed a framework used by other development teams as the development infrastructure. I worked for the leading cellular provider in Lisbon, Portugal. I was part of an initial team of senior engineers working for 'American Management Systems' who assessed the effort of converting a VAX cellular customer support application to Windows NT Architecture. We designed an SQL Server, 3-tier architecture (in 1994) that allowed the system to go into production before the entire conversion from the VAX was complete (by abstracting data location). As the only C++ resource on the initial team for several months, I designed and developed the infrastructure of the client application. It had full runtime dynamic multiple language support that could switch labels, buttons, and menus to any of the supported languages, so that it could be used as the basis for all European GSM cellular billing systems.   Data Systems, Inc                                                                                              Systems AnalystLakewood, Colorado                                                                                                            1993 ·         Developed a VISA credit system with Verifone card readers communicating to cash registers Resources Trust Company                                                                               Systems OperationsEnglewood, Colorado                                                                                            1991 and 1992 ·         Developed automation system for running jobs in the daily interest distribution process   How it began:   My first computer was the TI-99/4A that I got in 1983 when I was 11 years old.  It came with a subscription to 99er and Home Computing magazine that published software source code.  I typed in some of the short programs and found it fascinating.  As my typing improved, I keyed in longer programs and eventually began adjusting variables to see the effect.  At 13 years old I could code small programs on my own.  Then I acquired an Apple IIe, and with a 300 baud modem I had the world at my fingertips.  The modem sounds were a familiar tune from the tape recorder used to store data on the TI-99.  I setup a device to record the analog sounds and wrote a small piece of code that set the modem into receive mode, awaiting playback to review an online session from a tape recorder, then I wrote a revolving number dialer to log local modems and let it run over Christmas break from school. :)  At 14 years old I ran my own BBS using school equipment. I was the guru in the school computer club.  I did data entry and learned to operate some aspects of accounting while working at a travel agency at the age of 15 and 16.  By 17 I was an operator on an IBM System/38 operating a 60 lane grocery store and I was working 40 hours per week.  Working the night shift included a majority of idle time, in which I read the manuals and became very proficient in CL.  I wrote some scripts to simplify the computer operator job.  At 18 I was hired by Resources Trust Company fulltime as the night computer operator for their AS/400.  Immediately I began scripting the automation of the nightly jobs that had to be run.  I learned COBOL very quickly and already had some async programming experience.  The AS/400 has a system modem that I believe was reserved for remote access by IBM reps, it was not being used for banking operations.  With some help, I automated my duties and developed an AS/400 message queue monitor that scanned the system event queues for job messages then dialed out the system Async line, to transmit the information to a text paging service provider.  Then I would get a page when the printers were out of paper, because I was hired to keep paper in them not to do any programming.  I began experimenting with C++ on PC’s while I was 18, and then got my first job as a real programmer when I was 19.  Finally someone was paying me for what I enjoyed to do and would have done for free.  At 20 I built a complete event driven GUI operating system for hand held computers used to calibrate precision machinery at NASA and other places.  It sported buttons, lists, edits, and context sensitive help within a 640k-memory limit.  At 22 I was a senior programmer, very proficient with advanced C++, living in Europe and making $100,000 per year.  Then fate led me to Silicon Valley where the real fun began and I formed my 3rd software business, United Business Technologies, at age 23.  As of November 2012 and can be reached at:


Re: Human Rights Violations

Waaaaa! waaaa! Such a big baby. Get a job! Brian Aberle! Oh I forgot little ten year old boys can't get a job. They live off of their parents and ride bicycles.