Thursday, February 16, 2012

Memo to court: The shit has just hit the fan.

---------- Forwarded message ----------
From: Julian P Heicklen <>
Date: Wed, Feb 15, 2012 at 11:35 PM

Attached is a letter that I have sent to Judge Kimba Wood of the U. S. District Court, Southern District of New York.

Below is an E-mail being sent to Sabrina Shroff, the U. S. Federal Defender, who is acting as my stand-by counsel.

Hi Sabrina:

This case is now 15 months old, and absolutely nothing has been done.  We have not even received a Bill of Particulars.  No surprise.  Assistant U. S. Attorney Marmelstein does not have a single witness.  She lied to a grand jury.  She has no case.  She even admits that jury nullification is legal, but claims that jurors must not be so informed.  The inmates are running the asylum.

Time Magazine just ran a cover story on U. S. Attorney Preet Bharara, lauding him for his 57–0 victory string in the Southern District of NY.  Anyone with that score is either handling only softball cases, or is in criminal collusion with the court.  It is time that he be exposed for the fraud that he is.  I had written to both Attorney General Eric Holder and President Barack Obama asking for his removal from office.  They ignored my requests.  It is time that both he and his staff be exposed as the criminals that they are.

I have been denied a speedy trial.  I have been denied a jury trial.  The judge has a vested interest in the case and is in collusion with the prosecution.  I asked that she be recused, but she has refused.  She cannot be impartial. I had already sent her a letter informing her of my intense hatred of her, and that she and her colleagues have destroyed my country.

Their strategy is to drag this case on and on, in order to keep me under indictment, in the hope that it will deter me and others from exercising their First Amendment rights.

They will never bring this case to trial.  I have had enough.  From now on, I will make the rules or inform the court that the charges are dismissed and the case terminated.  One way or another, this case will be out of the control of the District Court in a few months.  It will either have been dismissed (by me if necessary) or be in appeal.

Enough already. The shit has hit the fan.

Yours in freedom and justice—Julian

- - - - - -

Re: U. S. v. Julian Heicklen 10 Cr. 1154

I have received your ORDER of February 2, 2012 indicating that discussion
of my motions will be on February 15, 2012. Also I received a copy of the request
by the U. S. Attorney of February 10, 2012 to delay the hearing until March 19 or
21, 2012. I refuse to accept the delay request from the U. S. Attorney.

She had the opportunity to respond to my Motions submitted on November
29, 2011, but chose not to do so, indicating no objections. She was prepared to
discuss the motions on January 9, 2012. The hearing was rescheduled for February
15, 2012, because of my absence on January 9, 2012, since there was nothing to
discuss. This gave the prosecution even more time.

Obviously the prosecution needs no further time to prepare for the hearing.
The only purpose is to drag this trial on to keep Defendant under indictment.
Amendment VI of the U. S. Constitution requires that:
"In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public trial,..." The
time for a speedy trial varies from jurisdiction to jurisdiction, but is always no
more than 6 months, as far as I know. In California State courts it is 30 days.

I was indicted on November 10, 2010. It is now over 15 months since
indictment, so already I have been denied my right to a speedy trial as required by
Amendment VI of the U. S. Constitution. This is not a privilege, it is a right. No
place in the U. S. Constitution is there a requirement that I ask for a speedy trial. I

know that your understanding of the English language is defective.
means is that you have failed in your judicial duty.

Therefore, I make the following DEMANDS:

1. The hearing on the motions be held prior to February 25, 2012. I expect
these motions to be approved, since the prosecution has not presented any
argument to the contrary.
2. The names and addresses of people that I intend to interview, as stated in
the MOTIONS that I submitted on November 29, 2011, be provided to me
by March 1, 2012, so that the defense can issue subpoenas.
3. A list of dates in April, 2012 suitable for the interviews in the courthouse in
the presence of a court reporter and a person who can and will place the
interviewees under oath.
4. A new master jury list for preparing the jury pool be prepared by the Clerk
of Court prior to March 7, 2012. The current list of registered voters is not
valid for three reasons:
a. Voters are not representative of the all the people in the jurisdiction.
b. Specifically, felons are excluded from voting. This violates Statute 18
U.S.C. § 243, which requires that no person be disqualified for
previous servitude.
c. It also violates Statute 28 U. S. C. § 1861, "... all citizens shall have the
opportunity to be considered for service on grand and petit juries in
the district courts of the United States,..."
4. The master list should contain the names and addresses of all persons 18
years or older living in New York County. Such a list can be obtained from
the U. S. Postal Service.
5. A copy of the master jury list must be submitted to the litigants by March
15, 2012.

I will consider failure to meet any of these timelines as dismissal of the
charges and closure of the case.

Defendant certifies that copies of this letter have been sent by certified U. S.
mail to:

Pro Se Clerk, U. S. District Court, Southern District of New York, 500 Pearl Street,
New York, New York, 10007

Assistant U. S. Attorney, Rebecca Mermelstein, S. D. N. Y., U. S. Courthouse, 300
Quarropas Street, White Plains, NY 10601

U S. Federal Public Defender Sabrina Shroff, Federal Defenders of New York, Inc.,
Southern District, 52 Duane Street–10th Floor, New York, NY 10007

Copies also sent to Defendant's Legal Panel via E-mail

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