ARREST OF FEBRUARY 18, 2011
Very early in the morning (6:00 am according to Assistant U. S. Attorney Mermelstein) of Friday, February 18, 2011, my daughter Judy noticed lights flashing on our cars parked across the street. One Teaneck, NJ police officer rang the doorbell and informed Judy that someone was trying to break into our cars. She opened the door to talk with him. Immediately 9 police officers swarmed into the house. Four were from the Teaneck, NJ police. They held my daughter hostage downstairs. They would not permit her to return to her room to dress.
The five police from the Federal Protective Service, an arm of the Department of Homeland Security, went upstairs and into the bedroom where my wife and I were sleeping. They surrounded our bed and then awakened us. They informed me that they had a warrant for my arrest, and that I was under arrest. I asked them to identify themselves, but they refused. They ordered me to dress. I went to the bathroom and clothed myself in a shirt, underpants, regular pants, sock, and Patakis (the slippers issued to me when I was a prisoner in Rikers Island).
Again I asked them to identify themselves and informed them that they were under obligation to do so. They refused. I repeated my request, but they refused again. I went limp and fell to the floor. They carried me downstairs, out the door, put me in a paddy wagon and took me to Holy Name Hospital in Teaneck, NJ.
At the hospital, I was given a medical exam. My pulse, temperature, and blood pressure were taken. Blood was drawn from my left wrist, a finger was poked with a needle for a blood sugar test. An electro-cardiogram was taken. The doctors informed the police that I was medically sound and could leave. Then a strange thing happened. I was not tortured, as was previously done at 5 other hospitals. Apparently the Department of Homeland Security has not yet notified small towns like Teaneck that the hospitals are required to torture patients brought by the police. Another example of government inefficiency.
At this point, I was handcuffed and placed horizontal in the paddy wagon for the ride to the U. S. District Court in Manhattan, NY. Three other police cars accompanied us. At the federal courthouse, I was placed into a wheel chair and taken to the police section of the federal building at 500 Pearl Street. Fingerprints and pictures were taken. Then I was wheeled to a cell with a toilet. The handcuffs were removed, and I was left alone. Immediately I urinated to prevent my bladder from bursting.
I was left in the cell for some time. I took a nap. Then four guards handcuffed me and wheeled me to another cell in the court facilities. Again I was fingerprinted and pictures taken. I was moved to a third holding area just outside the courtroom. After several minutes, I was wheeled into the courtroom in handcuffs. I lowered my head and did not look at the judge or anyone else. I refused to speak.
Magistrate Judge Ellis presided over the hearing. Rebecca Mermelstein was the Assistant U. S. Attorney, who was the prosecutor representing the U. S. Government. Judge Ellis appointed Sabrina Shroff from the public defenders office of the U. S. government as my stand-by counsel.
Prosecutor Mermelstein informed the court that I had missed many previous appearances. She stated that I had influenced another juror on a case in which I was a juror, and influenced jurors in other cases. She asked that I be held in custody.
Ms. Shroff wanted to intervene on my behalf. Judge Ellis asked if this was acceptable to me. I spoke for the first time, since I fell to the floor in my home. I asked to speak with Ms. Shroff privately before I made a decision. I was wheeled out of the court room, still in handcuffs, to a cell where Ms. Shroff and I spoke. She advised me that I should accept whatever terms that would get me released.
We returned to the courtroom where I stated that I did not appear at my court appearance date, because the Court would not guarantee a jury trial, as I had requested and because the deadline set for a speedy trial, as set by the court rules, had passed. Ms. Mermelstein informed the judge that the charges against me had a maximum prison time penalty of 6 months, so I was not entitled to a jury trial.
The Sixth Amendment to the U. S. Constitution states, in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury ...” Why is it that lawyers, who do not understand English, are allowed to participate in legal matters? They do not understand what the words “all” and “speedy” mean. The federal court rules state that “speedy” means within 70 days. How come lawyers cannot count to 70? Legal matters, in particular, require and understanding of English and addition. (This paragraph did not occur in court. It is my editorial opinion added after the fact.)
I gave Judge Ellis a lecture. I said that my court appointed Attorney, Shroff, said that he was a fair judge.
I informed the judge that the US Attorney, Ms. Mermelstein, had jst committed perjury twice. I was not a juror on any case in this court and could not have been a juror, because I do not reside in the jurisdiction of the Second Circuit, which includes NY City. I am not even on the potential juror list. Furthermore I stated that I had never served on a jury. I asked him if he would ever let me sit on a jury, and he stated he would not. I informed him that neither would any other judge.
I asked him to charge Ms Mermelstein with perjury. He refused. I replied that settles that evaluation. I accused him of violating my rights under the First, Fourth, Fifth, and Sixth Amendments to the U. S. Constitution. Furthermore I reminded him that I had asked that Judge Wood, who is the judge appointed to the case, be recused because she had threatened me for exercising my legal rights in a previous case, from which she was recused.
Judge Ellis said that he did not have the authority to do anything but set my release conditions or lack thereof. He said that there were four possibilities:
1. Hold me in prison with no bail
2. Set bail for my release
3. Release me under bond for failure to appear at future court appearances
4. Release me unconditionally.
He decide to release me under bond. The prosecuting attorney requested that the bond be for $10,000. My stand-by counsel argued for $1,000. Judge Ellis set the bond for $2,500.00 to be paid if I failed to appear at court appearances on Thursday, February 24, 2011 in Newark, NJ and on Friday, February 25, 2011 in Manhattan.
The court gave me the copies of documents relating to my case which Ms. Mermelstein, but not I, had received. I signed the bond and was released at 6:45 pm. I arrived home at 8:00 pm, at which point my wife and daughter noticed a hole that the police had made in my pants.
My daughter Judy gives her story:
This morning the Teaneck Police knocked on the door about 6:15 am. They told me that someone had broken into our car parked on the street (a lie) so I opened the door. Five agents from the Federal Protective Service (DHS markings on their coats) barged in and demanded to see Julian Heicklen. They had a warrant (which they did not show me, but they did show him) and they went up to his bedroom to wake him.
Special Agent Badge 27 and the four Teaneck Police officers (Detective Hayes, Officer Caruso, Officer Ortiz, and Detective Fisco) detained me downstairs so I don’t know exactly what happened upstairs, but my understanding is that he was cooperative (e.g. got dressed, etc…) until they refused to tell him their names and badges, at which point he fell to the floor. They called the ambulance and four medical attendants carted him off about 6:55 am.
The warrant was for jury tampering and was issued by the Southern District of NY. I believe he was taken to Holy Name hospital in Teaneck, to be transferred to 500 Pearl Street in Manhattan when ready.
My wife Susan gives this story
She continually called the court throughout the day. She reports this timeline:
1:35 pm: Janice informed her that I was in pre-trial.
2:45 pm: Jim told her that I was about to go into the courtroom now. Call back in 45 minuted.
3:30 pm: Doing the case now. Call back in 25 minutes.
3:53 pm: Vinny told her that I had not seen the judge yet. Court stays in session until 5:00 pm.
4:26 pm: Gilbert says that I am seeing the judge.
4:55 Jim told her that I am seeing the judge.
5:25 pm: Court told her that I am being released on bond.
6:07 pm: I have been released.
“The Grand Jury charges:
From at least in or about October 2009 up to and including in or about May 2010, in the southern District of New York, Julian Heicklen, the defendant, attempted to influence the actions and decisions of a grand and petit juror of a court of the United States, to wit, the United States District Court for the Southern District of New York, upon an issue and matter pending before such juror, and before a jury of which he was a member, and pertaining to his duties, by writing and sending him a written communication in relation to such an issue or matter, to wit, HEICKLEN distributed pamphlets urging jury nullification, immediately in front of an entrance to the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York.”
Signed by Breet Bharara, United States Attorney.
Of course, the U. S. Attorney committed perjury. I could not possibly have been a juror in the U. S. District Court for the Southern District of NY, because I do not live in its jurisdiction. My name cannot even be on the eligible juror list.
I never knowingly sent any juror a written communication, because I do not know who was juror , or even what trials were in progress, except for my own. I suppose that the U. S. Attorney will get someone to lie and say he received such a communication by promising him a reduced sentence. That is why it is important that I have witnesses at the hearing.
My court appearance at which I have agreed to appear are at the:
U. S. District Court, Martin Luther King, Jr. Federal Building and
United States Courthouse , 50 Walnut Street, Room 4015, Newark NJ 07102
Telephone: 973-645-3730 at 10:00 am on Thursday, February 24, 2011.
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street, Room 120, New York NY 10007-1312.
Telephone: 212-805-0136 at 10:00 am on Friday, January 25, 2011.
I would appreciate it if as many of you that can appear at the hearings, so that I can have witnesses to counter the court lies. The courtrooms have not been assigned, so that the room number given above are for the Clerks’ offices. Also a demonstration outside the courthouses would be useful to generate publicity.
Yours in freedom and justice