The Obstinate Dr. Heicklen
By Scott Horton
The New York Times reports on the case of Julian P. Heicklen, a 78-year-old retired chemistry professor from New Jersey, who now faces federal criminal charges. What has the mild-mannered Dr. Heicklen done?
Since 2009, Mr. Heicklen has stood [at 500 Pearl Street in Manhattan] and at courthouse entrances elsewhere and handed out pamphlets encouraging jurors to ignore the law if they disagree with it, and to render verdicts based on conscience. That concept, called jury nullification, is highly controversial, and courts are hostile to it. But federal prosecutors have now taken the unusual step of having Mr. Heicklen indicted on a charge that his distributing of such pamphlets at the courthouse entrance violates a law against jury tampering.
Federal prosecutors in New York have reached the alarming decision that informing individuals on the street in front of the courthouse (some of whom may be en route to serve on a jury pool) about the doctrine of jury nullification is a criminal act. Their view would find no sympathy among the authors of America’s constitutional system.
Jury nullification has a long and noble history in America. William Penn’s trial in 1671 is often taken as the first textbook case illustrating the doctrine. Charged with “breaching the King’s peace” (more or less the charge that prosecutors previously tried against Heicklen) because he convened a gathering of Quakers in London, jurors were charged to convict Penn. They steadfastly refused. There was no doubt that Penn had broken the law. The jurors’ quarrel was rather with the prosecutors who brought the charges and the judge who ran the court, whom they viewed as instruments of repression, and with the law itself, which, as it was being applied, was manifestly unjust. In the end Penn and the jurors all went to prison, but the injustice of the entire process belongs to the chain of events that presaged the American Revolution and led the nation’s founders to embrace nullification.
At the sedition trial of journalist John Peter Zenger in 1735, Andrew Hamilton recounted the story of the Penn trial to a New York jury and admonished them that whatever the law and facts, they had the right to acquit Zenger if they held that to be the just result. They followed his advice in an outcome that laid the foundation for American press freedom.
America’s Founding Fathers made their case to juries arguing for nullification. John Adams, when defending John Hancock in 1771, insisted that the juror has not merely the “right” but actually the “duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court” and its understanding of the law. Conscience should serve as a safety valve, he argued, against unjust laws, or against just laws, unjustly applied.
Since then, jury nullification has been used to block the prosecution of those who helped slaves flee captivity or who simply offered them education; to free those who faced prosecution for resisting military service in unpopular wars or whose conscience forbade them to bear arms; and to end the prosecution of women who sought abortions and the doctors who served them. In the December 1926 issue of Harper’s Magazine, Walter Lippmann made the case for the use of jury nullification to address some of the extreme prosecutions resulting from the Volstead Act. In the December 1995 issue, Paul Butler argued that minorities should use jury nullification to press social issues.
The “controversy” relates not to nullification as a doctrine but to a far narrower issue: can the jurors be told that they have this right? Prosecutors and judges detest this notion because it strikes at the core of their power to interpret and guide the application of the law. No doubt about it: nullification makes their lives difficult. Consider the recent dilemma of prosecutors and judges in Montana, unable to find a pool of jurors willing to convict anyone for possession of marijuana, no matter the evidence.
Julian Heicklen’s conduct is remarkably like that of the seventeenth century pamphleteers whose obstinate insistence on rights and fair process belongs to the animating background of the American Revolution. Consider the case of John Lilburne, for instance, who was repeatedly arrested and tried for distributing pamphlets articulating a vision of natural rights and whose stout defiance of prosecutors and judges led directly to the notion of the right of confrontation and the exclusion of secret evidence. Consciously or not, Heicklen even embraces their tactics—like Lilburne and early dissenters, he kept his silence in response to questioning from the bench. Heicklen is just the sort of defendant that jurors in days gone by would have recognized as a victim of persecution and would have acquitted. And the federal prosecutors, no doubt aware of this fact, are eager to keep his case before a judge who shares their belief that jurors must be kept ignorant of the existence of the doctrine of jury nullification.
Shortly before his death, Thomas Jefferson noted with disdain that judges were working hard to bury jury nullification. It reflected a pernicious “slide into toryism,” he remarked in a letter to James Madison in 1826. In Jefferson’s view, judges and prosecutors who rejected the jury’s right of nullification were betraying the values of the Constitution and instead embracing those of the British Crown. “They suppose themselves… Whigs, because they no longer know what Whigism or republicanism means.” The fundamental question to put to the “tory” prosecutors who have brought the Heicklen case is simple: what about the First Amendment?
Thursday, March 03, 2011
Harpers hits a home run with story on Julian Heicklen
Wednesday, March 02, 2011
More students to be sought for after-school programs - Pittsburgh Tribune-Review
Board member Thomas Sumpter said the planned reduction is "inconsistent" with the district's plans to improve and expand arts education.This is GREAT to have a board member question a policy and do something about it. Well done.
Julian's progress report
Hi Tyranny Fighters: (date unsure)
Athletic Business: Study Probes Criminal Records of College Football Players
Athletic Business Newswire - Study Probes Criminal Records of College Football Players
Pitt didn't do well in this evaluation. When there are more arrests than wins, it isn't good.
But this article plants the problem on that of the 'recruit.' Those in the NCAA and those at the various universities are seeking to do criminal background checks on the recruits. Fellows, the problems are those that happen when the recruits are STUDENT ATHLETES. Too many of the problems happen as these college kids are in college -- not before they arrive there.
To talk about the screening process for recruits is to talk about the pimple on the ass of the elephant. Talk about the behavior of the players when they are in the program. Worry about that. Worry less about getting the criminal history from those in the community for kids that are NOT in the program and worry more about making sure that there are no criminal activities of those on the teams and on the staffs. Then talk about sharing that data with the community at large.
Finally, I'd love to see a the probe of college football players measured against the athletes of other sports. Are the volleyball players and club sports participants getting into less trouble?
I don't expect everyone to be perfect. But let's not only compare the thugs that wear helmets and take drugs with aggressive side effects at one college town with those of another.
In other news, what about the guy getting cut from BYU's basketball team?
Monday, February 28, 2011
England Finds That Olympics Aren’t Spurring Millions to Exercise - NYTimes.com
When London was awarded the 2012 Olympics, organizers promised an ambitious legacy: to get two million more people in England involved in sports and physical activity.The Brits are GREAT at "sit down sports." The photo is sorta funny, as the guy is sitting down with the exercise equipment.
What are "sit down sports?"
Rowing, Crew, Bobsled, Luge, -- humm... What else?
From Erik |
When the Olympics went to China, tons and tons of new playground equipment was put in throughout the country.
Fw: [DW] Skype call at in minutes 4pm NZ Time, 10pm EST - Online groups for quake community recovery In Christchurch
-----Original Message-----
From: Steven Clift <clift@e-democracy.org>
Sender: newswire@groups.dowire.org
Date: Sun, 27 Feb 2011 20:39:00
To: <newswire@groups.dowire.org>
Subject: [DW] Skype call at in minutes 4pm NZ Time, 10pm EST - Online groups for quake community recovery In Christchurch
Find me on Skype: netclift
Steven Clift - http://stevenclift.com
Executive Director - http://E-Democracy.Org
Follow me - http://twitter.com/democracy
New Tel: +1.612.234.7072
From: Steven Clift <clift@e-democracy.org>
Date: Sun, Feb 27, 2011 at 1:52 PM
Subject: 4pm Monday Call, Possible online "Neighbours Forums" across
Christchurch to assist community recovery
To: Team <team@e-democracy.org>
Cc: canterburyissues@forums.e-democracy.org
To: Christchurch Councillors and Community Board Members
From: Steven Clift, E-Democracy.org
CC: Canterbury Issues Forum
During these most difficult times, our thoughts and prayers are with
you and your community.
With my interactions with local volunteers in your fair city and
visits years ago where I presented to your council as it developed its
online consultation strategies, I have a special place in my heart for
Christchurch.
For those who have not heard of E-Democracy.org, we host "Issues
Forums" across 15 communities in three countries including the
Canterbury Issues Forum.
Over the last few years we have had amazing growth and participation
in _neighbourhood_ level online forums in the UK and Minnesota (where
I am based). Under normal circumstances we never open local forums
without a local volunteer forum manager and at least 100 initial
participants recruited.
These are not normal circumstances.
Based on initial local interest on the existing regional forum, we are
exploring the rapid creation of 10 to 20 Neighbors Forums that would
cover your entire council. We would then be in a position to do
community-wide promotion and outreach. For perspective, own neighbours
forum - http://e-democracy.org/se - serves an area with 10,000
residents and over 15% of households are engaged daily.
In the next 48 hours we will evaluate whether this is viable and
whether there is sufficient volunteer interest (in this case, people
can help from far away like those raised in Christchurch now living
further a field) staring with a Skype call at 4 p.m. Monday your local
time. I am "netclift" on Skype and will call out to you on a regular
line if you e-mail me your number. (If we switch to a teleconferencing
service, for this or a future call, I will e-mail you.)
The key issue is just how to most effectively establish the rough
boundaries of each forum so they are small enough to function in a
neighborly and useful way. We find there is a sweet spot around areas
with 10,000 residents and/or very strong senses of local identity.
Here is the rough proposal:
http://e-democracy.org/chch (text below for convenience)
Here is where to join to get involved in discussions about the idea.
http://forums.e-democracy.org/groups/canterburyissues/
Also, the last thing we want to do is open a very local forum where
one already exists that works. (Note the while we do feed our forums
into Facebook and Twitter, these tools rarely work in isolation for
hyper-local community exchange.) So, within your community board area,
please let us know if there are existing two-way forums (or community
information websites who might want to get involved), by e-mailing us:
team@e-democracy.org
Please pass this along far and wide.
If you have any questions, comments, or concerns please e-mail me or
post them to the Canterbury Issues Forum. This idea has to be viewed a
truly helpful and timely for us to pursue it.
Sincerely,
Steven Clift - http://stevenclift.com
Executive Director
E-Democracy.org
For those mobile e-mail reader among you, text from
http://e-democracy.org/chch -
This is a "real-time" working page to define the rapid creation of
neighbour online forums across Christchurch to promote post-earthquake
community recovery.
* Get Involved - Join the long-time Canterbury Issues Forum now
(also on Facebook and Twitter).
* Read the evolving proposals
* Global volunteers Skype group call Monday, Feb 28 4 p.m.
Christchurch time (convert) - Skype "netclift" to be added.
Today, Neighbours Forums mix e-mail, the web, Facebook, and Twitter to
reach a critical mass of local people. Multi-channel approaches are
required to prevent exclusion.
[edit] Proposed Neighbours Forums
There appears to be an urgent need for neighbor to neighbor two-way
communication across Christchurch that complements the one-way
information alerts available.
By Tuesday, March 1 we will determine:
* 1. How many forums to open and their coverage areas.
* 2. Whether there is the volunteer capacity to make this work.
In addition to our five years experience with the Canterbury regional
forum, E-Democracy.org has extensive experience with public
neighbourhood level forums in the UK and Minnesota in the U.S.. Forums
at this hyper-local level are in the works for 3 areas in Auckland.
There is no one size fits all rule to neighbor forums, but in general
they work best when defined by a sense of community identity. They
enhance community engagement when they are tied to (or within)
community boards and elected councillor districts when possible.
Sometimes these political boundaries run in the opposite direction of
on the street senses of identity, school zones, and marketplace
patterns. Our neighbour forums tend to work best when they serve areas
with 5,000 to 20,000 in population. Some of our forums with roughly
5,000 households have attracted over 15% of households with engagement
everyday.
Drafting Geographic Scope
This is our starting list - 8-16 based on the Christchurch community
boards with one or two forums per community board.
Each forum needs a simple name like "Papanui Neighbours Forum" and a
sentence that lists all the major places people need to know to figure
out is the forum coverage area is their best fit.
* Which potential forums should be merged?
* Which neighbourhoods not listed (like Avonhead, Saint Albans,
New Brighton, Sydenham, Linwood, Marshland etc. ... these are names on
Google Maps and the Christchurch.org.nz map that are not in the names
of community boards) with strong identities split by community board
boundaries really need their own forum?
* Which area do YOU want to make happen as the leader?
This is a "wiki" - just press edit to make changes.
* Akaroa - Add your name, e-mail here to volunteer as the forum
start-up leader
* Wairewa
* Burwood
* Pegasus
* Fendalton
* Waimairi
* Hagley
* Ferrymead
* Lyttelton-Mt Herbert - SAMPLE forum.
* Riccarton
* Wigram
* Spreydon
* Heathcote
* Shirley
* Papanui
Also, proposing:
* Central Christchurch
Other maps and resources to help ID boundaries/centres of forums:
Christchurch real estate areas, Wikipedia on area geography,
Christchurch.org.nz map, placenames on bus map, placenames on Google
Maps, population density, library locations, add more here.
[edit] Existing Neighbourhood Places Online
If you know of Facebook Pages, e-mail lists, social networks, place
blogs, etc. with critical mass participation covering small areas
within Christchurch, please list them here.
*
[edit] Regional Quake Response Online Networking and Resources
There is no shortage of regional information resources and Facebook
Pages responding to the quake. We will use these networking to recruit
hyper-local participation by neighbourhood.
* http://www.facebook.com/Support.Christchurch.Earthquake
* http://www.facebook.com/riseupchristchurch
* http://www.facebook.com/pages/Christchurch-Quake-Live/155356454496418
* http://www.facebook.com/christchurch.page
* http://www.facebook.com/ChristchurchQuakeMap
* http://en.wikipedia.org/wiki/2011_Canterbury_earthquake
* http://canterburyearthquake.org.nz/
* http://www.canterburyearthquake.govt.nz/
* http://police.govt.nz/christchurch-earthquake
* http://www.stuff.co.nz/the-press/news/canterbury-earthquake/
* http://wiki.crisiscommons.org/wiki/CrisisCampNZ
* http://eq.org.nz/
Steven Clift - http://stevenclift.com
Executive Director - http://E-Democracy.Org
Follow me - http://twitter.com/democracy
New Tel: +1.612.234.7072
-----------------------------------------
Group home for Newswire - Steven Clift's Democracies Online Newswire:
http://groups.dowire.org/groups/newswire
Replies go to members of Newswire - Steven Clift's Democracies Online Newswire with all posts on this topic here:
http://groups.dowire.org/r/topic/2UeMVcdzrDbASqOzXXpAxE
For digest version or to leave Newswire - Steven Clift's Democracies Online Newswire,
email newswire@groups.dowire.org
with "digest on" or "unsubscribe" in the *subject*.
Newswire - Steven Clift's Democracies Online Newswire is hosted by Democracies Online - http://dowire.org.
Wednesday, February 23, 2011
World's Most Liveable Cities: 2011 Economist Intelligence Unit Report (PHOTOS)
Based on a combination of environment, health care, culture and infrastructure, Vancouver topped the list of the world's most liveable cities for the fifth straight year, according to a new report.
The Liveability Ranking and Overview assesses living conditions in 140 cities around the world. A rating of relative comfort for 30 indicators is assigned across five broad categories: stability; healthcare; culture and environment; education; and infrastructure. The survey gives an overall rating of 0-100, where 1 is intolerable and 100 is ideal.
The full report can be purchased for US $500.
Cyclists dodge rocky death | Stuff.co.nz
Three cyclists caught on Evans Pass in Lyttelton during the earthquake yesterday dodged boulders the size of busses as they ran for their lives, and a jogger may have been killed.
Woops. Pitt host WVU on Thursday
Sent on the Sprint® Now Network from my BlackBerry®
Earth Dog Tonight - for those in WV, rather than cheer against Pitt at 9 pm or burn your couch should they pull an upset
Sent on the Sprint® Now Network from my BlackBerry®
My 13 year old son, Nico, asked me yesterday: If you would like to stop receiving these emails, please click here
Dad, what's a civil liberty?
Well, Nico, in some countries, if citizens want to meet, to assemble, to discuss politics, they can't.
If they try to assemble, the police will come and bust it up.
In the USA, we can meet openly.
We can discuss politics, and the police can't do anything about it.
We have this thing call a civil liberty, this freedom -- to meet, to assemble, and to speak.
Which is what we are doing tonight.
At the Earth Dog Cafe in Berkeley Springs, West Virginia.
Featured speakers:
Dr. Margaret Flowers on the failure of private health insurance industry -- and what we can do about it.
And Kevin Zeese on the $700 million a day we spend in Iraq and Afghanistan -- and what we can do about it.
Plus a Q/A session.
We've had a good response to our initial publicity for this event.
Should be more than 100 people there tonight.
Earth Dog Cafe.
Tonight -- 6 pm to 9 pm.
Music by The Hayride Trio.
It's the second in a series of monthly meetings to discuss the political economy of the USA.
Hope you can join us tonight.
best
Russell Mokhiber
304.258.4454
PS: See yesterday's article in the Martinsburg Journal here:
http://www.journal-news.net/
Tuesday, February 22, 2011
Any insights into the class action suit with Jordan Tax Service? One blog reader wants to know.
I am eager to find some information on a class action lawsuit against Jordan Tax Services.
They contacted me with a 30 day notice that I did not pay a bill 4 years ago. They never cached the check I sent and never informed me of missing any payments until 4 years later. I disputed the charges which they ignored, instead they filed a court case and communicated to me months later that they are taking me to court, with an entirely different face value they stated in the first letter. They are demanding extra fees that I know they never spent on my case.
Two more people I know are dealing with very costly demands from the same company which details are even more horrifying than mine. How many more there is? How long do we have to put up with the unprofessional business practices of this company?
Jordan Miles civil and criminal cases go on
City Solicitor Daniel Regan said OMI has not, to his knowledge, closed its probe of the incident.Hey Mr. Regan -- what are you waiting for? Finish your work and do your job already.
Read more: http://www.pittsburghpostgazette.com/pg/11053/1127103-53.stm#ixzz1EiBcq2XS
Public Resource Aims to ‘De-Specialise’ Open Data « E-Government Bulletin Live
The Making a Difference with Data (MadwDATA) site ( http://www.madwdata.org.uk/ ) features examples of how to use open data and case studies from different public sector organisations, as well as a discussion forum, interviews and details of workshops and other events.
Monday, February 21, 2011
The Eagle, student newspaper, did an article on Erik Rauterkus
Erik Rauterkus is a sophomore at Obama Academy and is the fastest person on the swim team. The boys swim coach Mr. Gasparovic says “Erik is 120% in everything that he does.” With City Championships coming up, Erik had a few words to say on the subject.
AlphaLab Summer/Fall 2011 application cycle is now open!
AlphaLab is now accepting applications for the Summer/Fall 2011 session that officially starts on June 14th, 2011! AlphaLab has been called by previous participants as "no better way to start your company" and "uniquely designed to help my type of company develop, seek investment, and grow."
The application deadline is Monday, April 4th, 2011. For more information about the application process and to access the AlphaLab application, visit: www.alphalab.org . Additionally, follow our blog (http://alphalab.org/blog) and Twitter account (http://twitter.com/alphalab) for additional up-to-date information.
As we did during the last application period, we will be holding “office hours” that will allow applicants to meet the AlphaLab team and ask questions about AlphaLab and the application process. The “office hours” are current scheduled for the following dates/times:
Monday, February 28th 2:00 – 4:00 PM
Friday, March 11th 10:00 AM – 12:00 PM
Thursday, March 24th 11:00 AM – 1:00 PM
We've provided a method to allow interested individuals to schedule themselves for a meeting slot the following site: http://www.doodle.com/2vv5s95fc52qenhr. Two slots are available for each 20-minute time period. If a particular slot is grayed out, it has already been reserved. Participation can either be done in person or via conference call. For any issues or questions, you can e-mail: application (at) alphalab [dot] org.
Thanks for your continued support of AlphaLab,
-Mike
Dear Attorney General -- Fire these folks!
Below is a letter that will be sent to USA's Attorney General, Eric Holder, on Tuesday (tomorrow). It is self-explanatory. I am asking him to fire the two U. S. Attorneys prosecuting my criminal case for jury tampering. Also I asking to have them disbarred and tried for perjury.
I would appreciate it if each of you would write a letter to Attorney General Holder with CC to U. S. Attorney Breet Bharara and Assistant U. S. Attorney Mermelstein. It can be a very short letter. You only need say that you have seen my correspondence with the Attorney General, and that you agree that Bharara and Mermelstein should be fired and tried for perjury.
If the attorney general receives one letter, it is a crank letter to be ignored. If he receives 100 such letter, he pays attention. One thousand letters will set him into reply mode. Meanwhile Bharara and Mermelstein will go into panic mode. The point is to scare and punish them. If we can accomplish action against these 2 attorney generals, then the police and U. S. attorneys will stop, or at least reduce, harassing harmless people.
Thank you for your support. Yours in freedom and justice
Julian
Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Re: U. S. v. Julian Heicklen, Case # 10 Crim. 1154 in U. S. District Court for the
Southern District of New York
Dear General Holder:
Enclosed is a copy of indictment against me which U. S. Attorney Preet
Bharara has signed. Referring to me, he testified that “and before a jury of which
he was a member.” This was a deliberate lie. I was not present at the Grand Jury
hearing, nor even notified that there was such a hearing, so I could not correct the
record.
Furthermore the Grand Jury hearing was illegal. The purpose of a Grand
Jury is to have a secret hearing to protect the defendant from damage to his
reputation, if he is not indicted. It is not the function of a Grand Jury to permit the
prosecutors to tell lies to which a defendant cannot respond.
I live in New Jersey, which is not in the jurisdiction of the Second Circuit.
This fact was known to the U. S. Attorney. Therefore I could not have been a juror
in the U. S. District Court of the Southern District of New York. My name could
not even have been on the potential jury list.
U. S. Attorney Bharara and his prosecuting Assistant U. S. Attorney Rebecca
Mermelstein deliberately lied to a Grand Jury. They have committed perjury. I am
asking that both of them have their employment with the U. S. government be
terminated immediately. Further I request that both of them be criminally indicted
for perjury, and that they be barred from ever again practicing law.
This country cannot have afford to have U. S. Attorneys deliberately lying tojurors in legal proceedings. They must be removed if your office hopes to retain
the trust of the American people.
Thank you for your consideration.
Sincerely yours,
Julian Heicklen, Defendant, Counsel Pro Se
Encl: Indictment for U. S. v. Julian Heicklen Case # 10 Crim. 1154 in U. S. District
Court for the Southern District of New York
CC: President Barack Obama, The White House, 1600 Pennsylvania Avenue,
Washington, DC 20500
Senator Frank R. Lautenberg, 324 Hart Senate Office Building, Washington, DC
20510 (202)–224–3224
Senator Robert Menendez, 528 Hart Senate Office building, Washington, DC
20510 (202)–224–4744
Congressman Steve Rothman, U. S. House of Representatives Office Building,
Washington, DC 20515
News Editor, The New York Times, 620 Eighth Avenue, New York, NY 10018
News Editor, NY Post, 1211 Avenue of the Americas, New York, NY 10036-8790
Co-Anchors Elizabeth Vargas and Chris Cuomo, 20/20, ABC Television, 77 W
66th St # 13, NY 10023
Bill Owens, Executive Editor, 60 Minutes, CBS Television Network 51 West 52nd
Street, New York, New York
U. S. Attorney Breet Bharara, Southern District of New York, One Andrews Plaza,New York, NY 10007
Assistant U. S. Attorney Rebecca Mermelstein, Southern District of New York,
U.S. Courthouse, 300 Quarropas Street, White Plains, NY 10601
Sunday, February 20, 2011
This is not a good way to wake up in the morning. If anyone is in New York on Feb 24, try to show up.
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 Indictment
“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.
Court dates
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
Julian
Friday, February 18, 2011
Varsity Xtra: Sun is setting on Schenley High
Skiers should wear helmets - coroner | Stuff.co.nz
All skiers and snowboarders should wear ski helmets, the Canterbury Coroner says.
Regional coroner Richard McElrea made the comment at an inquest in Ashburton yesterday into the death of American student Rachel Swett, 21, on Mt Hutt last year.
''The fact is that had she been wearing a ski helmet properly, there would have been much greater chance of survival,'' he said.
Iowa wrestling star refuses to face girl - Sports - Salon.com
A standout Iowa high school wrestler refused to compete against a girl at the state tournament on Thursday, relinquishing any chance of becoming a champion because he says wrestling a girl would conflict with his religious beliefs.
Joel Northrup, a home-schooled sophomore who was 35-4 wrestling for Linn-Mar High School this season, praised his first-round opponent, Cedar Falls freshman Cassy Herkelman, and Ottumwa sophomore Megan Black, who became the first two girls to make the state wrestling tournament in its 85-year history.
But in a brief statement issued through his school, Northrup said he defaulted on his match with Herkelman because he doesn't think boys and girls should compete in the sport.
Thursday, February 17, 2011
Swimmer found near start line: Sport: Other Sport
Swimmer found near start line: Sport: Other SportOther links:
Swimmer found near start line
2011-02-17 09:42
Midar Dam in KZN Midlands
Durban - Police Search and Rescue teams have recovered the body of the swimmer who went missing during the aQuelle Midmar Mile over the weekend.
Nico Mellet, 45, is thought to have drowned during the event on Saturday.
Officials realised he was missing when his coded tag did not register at the finish line on Saturday.
More than 16 000 swimmers participated in the event, which is the largest open water swim in the world.
According to the EastCoastRadio website, Jack Haskins, who is with the Police Search and Rescue Unit, said they found Mellet's body on Wednesday afternoon near the starting line following a massive search operation at the dam in the KwaZulu-Natal midlands.
“At approximately 14:00 the deceased surfaced. He was approximately 500 metres from the start of the Midmar Mile,” Haskins said.
"We've had eight navy divers, as well as 10 South African Police divers from Pietermaritzburg and Port Shepstone, as well as two Search and Rescue dog handlers that were all involved," he said.
Haskins says the discovery will give the family some closure.
"The family has been by our sides from day one. They've sat with us from day one, right up until the last minute," he said.
A post mortem will be conducted.
http://www.midmarmile.co.za/
http://www.news24.com/SouthAfrica/News/Midmar-Mile-swimmer-still-not-found-20110216
Wednesday, February 16, 2011
Another County Executive Race is brewing in Pittsburgh this year.
The RMU Documentary program presents "Portrait of a Campaign", a behind the scenes look at the 2003 race for Allegheny County Chief Executive.
Tuesday 3/1/2011, 10:00 AM
Tuesday 3/1/2011, 10:30 AM
Thursday 3/3/2011, 7:00 AM
Monday 3/7/2011, 9:00 PM
Thursday 3/10/2011, 7:00 AM,
Thursday 3/10/2011, 7:30 AM
Monday 3/21/2011, 11:00 PM