Aug 15 • Accountability
I had to request counsel.
My probation officer made a false statement to the court to organize a Violation of Probation Hearing on August 19th at the Chester County Courthouse. In advance of that hearing, I have continued to enter documents into the docket and worked with the Public Defenders office to be appointed new counsel. Mr. Harmelin (20 hours before my trial), motioned to remove himself, and the judge attempted a kangaroo session with me. She chose to ignore the law, and swung her administrative process power of of rebuke and punishment. I just sat there, attempted to file a motion (which it appears the court destroyed a few records), which was denied. It's all good, that''s why we have an appeal system.
I love how people who've rarely sat in a courtroom or followed any legal process in real life speak about the institution in such a cavalier way. (Well, you always have an appeal.)
I got a new attorney, and this is our communication:
I had to go to the website and fill out a web form:
Hello,
I received your e-mail and I am aware of the 8/19 violation of probation proceeding.
I am interested in anything you can provide me that you believe will be helpful to your case. I have access to your case filings through my appointment and am catching up on the various motions and filings, but I would prefer to hear firsthand from you.
E-mail is the best way to contact me, but I would like to talk at least once before then. 610-567-3436 is my phone number. Please advise how you prefer to be contacted. This is the e-mail to use for me.
Two initial questions: Are you requesting appointed counsel for your appeal as well? Have you filed for a stay of probation with the Superior Court as part of your appeal?
Talk to you soon.
Thank you,
Brian McCarthy
This is from me:
Subject: Scope of Representation and Filing Clarifications
Brian,
Thank you for your email. To clarify, I am not requesting appointed counsel for my appeal — my understanding is that your appointment is limited to the 8/19 probation violation matter.
Regarding your second question, In Camera Exhibit IC-10 was the Motion to Stay Sentencing Pending Appeal, which I filed with the Court of Common Pleas and had certified on 5/29/25. That motion is already in the court’s possession and should be in chambers. I also physically presented to Bailiff during 5/30 trial.
You should also have access to the file from the clerk reflecting what is in chambers. In addition, please review my most recent filing, which was certified on 8/11/25. This filing contains important materials for your preparation in the 8/19 matter.
Because the court has not implemented the ADA accommodations I have lawfully requested under Title II, my participation requires coordination with my ADA advocates, Jim Juric and Jay Shure. This is essential for ensuring equal access and clarity in my defense. Please confirm the process for submitting invoices for ADA support services so this is in place before the 8/19 proceeding.
For communication, I prefer email to preserve a written record. I am available for a short call on 8/15 at either 9:00 AM or 3:00 PM, with my ADA advocate included.
For your convenience, I’ve attached a zipped copy of my recent filings, including the certified 8/11/25 package, so you have them directly without having to wait for clerk retrieval.
— Ryan Miller
610-656-2208 (ADA Accommodation - all calls recorded)
His Reply?
Hello,
Thank you very much for the information. This is very helpful.
I am sorry you were convicted of this. I find it ridiculous you were arrested at a public meeting. It is obvious there is MUCH more to it than that, but still you should not be convicted of anything, in my view. I also firmly believe you cannot be violated for your 90 day probation term, with roughly two weeks left on it, when you have timely appealed the conviction. It should be stayed, and it seems you previously requested to stay sentencing, which could and should be construed as a request to stay carrying over to the appeal as well.
I am unfamiliar with working with ADA advocates. I have, as a plaintiff's attorney, filed federal employment discrimination lawsuits raising violation of the ADA, and thus am very familiar with it in that respect. Please advise as to what reasonable accommodations you require from me in furtherance of my representation of you. I am not asking what your disability is, because it is none of my business. Just want to know what you need from me.
I can call you tomorrow to discuss strategy. Please provide a good number.
Thank you
Brian McCarthy
I will be delivering a package to his office today 8/15/2025. I want to share some information that is intended to be helpful from the lens of the Gospel, and human nature (total depravity). All humans have a sin nature what separates us is those that know it, and rebel against their nature. Anyone can assign faith and trust to the words of Mr. McCarthy and put their trust in him based upon their own understanding of humans, our judicial/justice system. I personally have a low level of trust. I understand that lawyers are trained to argue and emotionally manipulate people. If you are at risk of getting sucked into an argument or emotionally manipulated, well, I suggest that is something to be dealt with over time.
If you happened to read Mr. McCarthy's response, you would see that he is choosing to avoid my direct points, not resolve outstanding issues, and defer from his responsibility to review my case (plausible deniability) and request for me to tell him. Well, I will be covering that base in what I drop off to him today.
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I had to request counsel.
