probate-notification-to-DA.pdf - sfischer

Please enable JavaScript to view the full PDF

February 10, 2022 VIA USPS CERTIFIED MAIL Blount County District Attorney's Office Attn: Pamela Casey, District Attorney 220 2nd Ave E, Suite 210 Oneonta, AL 35121 Re: The Estate of Breana Nix Dear District Attorney Casey: I am writing to inform you that on January 11, 2022, the administration was opened for the estate of Breana Leigh Nix. The Probate Court of Blount County, Alabama, assigned case no: 2022:005. Furthermore, I have been named Administrator of the estate and have been given Letters of Administration signed by the Honorable Judge Green. As you are aware, Alabama Victims' Rights Laws Art. I, § 6.01 et seq. ensures special victim rights, and in the case of death, the legal representative inherits those rights. These rights include but are not limited to the rights to be informed, present, and heard at all crucial stages of criminal proceedings. The Alabama Constitution on rights of victims, or their legal representatives, guarantees that the estate is to be informed of the procedural steps involved in criminal prosecution, the name and telephone number of the prosecuting attorney's office to contact for information. Therefore, upon written request, the prosecuting attorney shall notify the victims of all charges filed against the defendant's criminal proceedings, including any changes that may occur. Further, the prosecuting attorney shall confer with the victim (or representative) prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs. Please consider this written notice that the Estate of Breana Leigh Nix, through its Personal Representative, Brittany Noojin, is at this moment invoking all rights available under the Alabama Constitution. The investigation into the suspicious death of Breana Nix has been ongoing for nearly two years. I believe even your office would admit this is a travesty and not the way the system is designed to work. I also think you are aware that the Estate of Breana Nix is simply not going to let her case fall through the cracks. Unfortunately, the lack of compassion and lack of dedication to duty in investigating this case has taken an extreme toll on the family and loved ones of Breana Nix; it's clear she is just a case file in your office. But Breana is and was a life force, and that force remains today just as strong as ever. Lies, missing evidence, passing time, lack of compassion; none of these strategies will work in the case of Breana Nix. The evidence is simply too overwhelming that she could not have done this to herself. The fact is that the transcript from the 911 call states that Steven says Breana is in the bathtub, but when first responders arrive, she is actually on the ground, and Steven tells investigator Amy Curtis she was on the floor. The fact Steven did not perform life-saving measures but instead looked around the bathroom and found a needle in the sink instead of doing CPR, but then would attempt to hide a trash bag in his truck which Amy Curtis had to get a search warrant for which had more syringes in it, is quite curious. Why point out a syringe in the sink and then attempt to hide syringes in the trash can (and why would a secret drug user discard multiple needles in the trash can?) is in direct conflict with the account given at the scene should be sufficient probable cause to take in front of a Grand Jury. That's not even taking into account that Steven "arrives home to find Breana in the bathtub" and stays on the phone with 911 until first responders arrive but miraculously, Steven's parents and uncle, who is in a Sheriff uniform, are there before first responders arrive, even though Steven claims he just came home from the dump and the bank. And by far, the most impressive evidence that Breana did not do this to herself is the injection point entry sites directly into an artery, something that no drug user, ever, under any circumstance, tries to do. Arteries collapse and drug users will tell you that shooting into an artery feels like being lighted on fire from within and is avoided at all costs. And with all those injection sites, the Fentanyl levels in the toxicology report are within therapeutic levels. So I'm sure you are aware the autopsy shows blunt force trauma, fluid matter in the lungs that would prove other trauma, tissue plates that most likely prove chemical agents like battery acid were also in her system. We are confident you know the truth, and as the District Attorney elected to protect Breana Nix's interests, we can only assume you are building one air-tight case since it's been nearly two years. And that does excite us, and I look forward to working with you and being kept informed regularly as afforded under the Alabama Constitution now that I am the Personal Representative of Breana Leigh Nix. Please let me know when you would like to schedule the first meeting to catch me up on the investigation as it stands today. Sincerely, Brittany Noojin Executor to the Estate of Breana Leigh Nix