Progress Report: 2011-02-26

1. Homeland Security Criminal Cases

NEWARK, NY HEARING, 2–24–11

I arrived at the Newark, NJ U. S. District Courthouse at 50 Hamilton Street at 9:50 am for a 10:00 am hearing. I did not have any identification with me. A sign at the guard entrance said no entry without picture ID. Everyone else had to show ID. However, I was not asked for ID and was permitted to enter. Also people were allowed to bring in cell phones, contrary to what was permitted at the U. S. District Courthouse in Manhattan, NY.

Magistrate Judge Mautone appeared at 10:45 am. Everyone was asked to rise as he entered, and did so, except me. I refuse to rise for judges and give them respect that they do not deserve.

The first case involved a 33-year old defendant who was on parole for marijuana and cocaine use. However he missed some drug tests, though he tested negative on the tests he took. Because he missed tests, he was sentenced to 30 days in prison, even though he was the sole caretaker of two sick parents. His mother pleaded on his behalf. She said that her husband would have to go to a nursing home, because he was too heavy for her to carry. She would be left home alone. The criminal justice system is wonderful. It destroyed 3 lives at once, because a grown man smoked vegetables.

After several other routine cases, mostly for drug offenses, my case was called at about 12:00 noon. The prosecuting Assistant U. S. Attorney stated his name, but I did not get it. I was given nothing in writing.

I gave a copy of a Memorandum of Law and motion papers for dismissal of the case to both the judge and Assistant U. S. Attorney. The judge looked at the 10 page Memorandum of Law for about 2 minutes, and then said that he read it. He asked the Assistant U. S. Attorney what the charges and penalties were.

The U. S. Attorney listed the three Department of Homeland Security Regulations:

  • 41 C. F. R. § 102–74.415: What is the policy for posting and distributing materials?
  • 41 C. F. R. § 102–385: Conformity with signs and directions
  • 41 C. F. R. § 102–74.390(c): What is the policy concerning disturbances?

He stated that the penalty for each offense was 30 days in prison and $5000.00 fine. The facts are otherwise:

I was notified by the U. S. Central violations bureau that the penalty for §102–74.415 is a $100 fine only, which can be paid by check or challenged in a magistrate court hearing.

The charge for §102.385 is an outright lie and should be dismissed, because there were no signs or directions at the Newark Courthouse.

The charge for §102-74.390(c) was a false charge. I was standing alone on the sidewalk, not the courtyard, in front of the courthouse. It was raining so there were almost no pedestrians, certainly none that did not quickly walk by me. I only passed out 4 pamphlets before the police approached me. There was no disturbance until the police came to me and started molesting me. It is the police that should be charged with the disturbance.

Judge Mautone set dates of March 8, 2011 for the prosecution to submit charges, and March 29, 2011 for me to respond. A court date was set for March 31, 2011, but nothing was given in writing. Both litigants were ordered to submit informations directly to Magistrate Judge Mautone, 500 Prospect Avenue, W. Orange, NJ 07052.

The hearing adjourned at 12:25 pm. There were four other Tyranny Fighters present at the hearing. All five of us went to lunch.

MANHATTAN CRIMINAL HEARING 2-25-11

On Friday, February 25, 2011, I went to my hearing at the U. S. District Courthouse in Manhattan, NY for the opening session of my trial for jury tampering. I met the NY times photographer at 9:45 am. He took several pictures of me standing outside the Courthouse.

At 10:10 am, I entered the courtroom. Besides the court people, present were two other Tyranny Fighters, my stand-by counsel, Sabrina Shrock, from the Federal Public Defender’s Office, the prosecuiting attorney, Assistant U.S. Attorney Rebecca Mermelstein. Also present was Ben Weiser, a reporter for the NY Times.

Almost immediately we were notified that Judge Wood would be entering and everyone should stand. Everyone, but I, did. I also do not stand for the Star Spangeled Banner. I feel like throwing up every time it comes to the phrase “the Land of the Free.” When the litigants address the judge, they are supposed to stand. The others do. I did not. I refuse to pay homage to tyrants.

Judge Wood asked a lot of questions about my health, mental history, use of drugs, medicines, alcohol, competence to stand trial, education level, my understanding of law and the court procedures. She asked me how I intended to proceed. I answered some, but not all of her questions, invoking my Fifth Amendment right not to incriminate myself.

I asked her to dismiss the case based on my motion to dismiss, because there was not a speedy trial in conformance with federal court rules. She denied my motion. I asked her to recuse herself based on my motion for recusal, becasue in a previous trial she had threatened me if I exercised my legal right to appeal.

Ms. Marmelstein read the indictment which included the statement:

“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…”

I called Ms. Marmelstein a liar in a loud voice. There are at least 3 lies in this statement:

  • The juror is described in the singular throughout, indicating that only one person was so influenced. This person could not have been a member of both a grand and petit jury for the same case.
  • I was never before a jury in that courtroom in my whole life.
  • I did not write or send to this juror a written communication. I distributed general information about no jury in particular by passing out pre-printed information to any person willing to accept one. I never initiated a conversation, but did converse with persons who asked me questions. I never told anyone how to vote on a specific case. In fact, I was not aware of any case active in that court, except for those in which I was a litigant.

Judge Wood stated that since the maximum sentence that I could receive would be $50,000.00 fine and 6 months in prison, I was not entitled to a jury trial. I screamed that she was a liar. In a loud voice, I read from my pocket Constitution the opening statement of the Sixth Amendment to the U. S. Constitution, which says: “In all criminal trials, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…” I asked her if she had ever read the U. S. Constitution. She said that she had. I screamed at her “What is it that you do not understand about the word “ALL.”

Ms. Mermelstein said that she had witnesses who would testify, and that I had told them how to vote. I called her a liar. Maybe I was incorrect. She probably does have witnesses who will commit perjury and make such a statement.

Judge Wood gave Ms. Marmelstein about 30 days to provide her evidence and witnesses. Then I would have about 30 days to respond. The next hearing was set for two days after that. The dates were mentioned in court, but I did not write them down, because I foolishly thought the court would give me a written statement. It did not.

Then my two fellow Tyranny Fighters and I went to a Chinese restaurant for lunch. I arrived home at about 3:30 pm.

 

2. Letter to U. S. Attorney General Eric Holder

I have written another letter to Attorney General Eric Holder urging him to fire his U. S. Attorneys in Circuits 2 and 3. A copy of that letter, without enclosures, is attached.

 

3. Florida Tour

I will arrive in Fort Lauderdale, FL on Tuesday, March 8, at 1:47 pm. On Wednesday, Mar 9, I, and anyone who wishers to join me, will distribute FIJA literature at the Fort Lauderdale municipal and federal courthouses. Wednesday evening I will deliver a talk about the war on drugs and have a book signing for my recently released “The Non-Trials” at the Broward County Libertarian Party monthly meeting. All are invited to attend. Contact Don Sheldon (E-mail address given above) for location and details.

On Thursday March 10th, I will drive to Orlando where, on Friday, March 11, at approximately noon, I anyone who wishes to join me, will distribute FIJA material at the Ninth Judicial Circuit Court in and for Orange and Osceola Counties. Chief Judge Belvin Perry, Jr. issued an ORDER forbidding the distribution of jury information literature on or near public court property. Distributors of literature may be arrested and found in contempt of court. Contact Mark Schmidter (E-mail address given above) for details.

I have no definite plans for the rest of the weekend, as I may be in jail. When released I plan to travel to any of the cities listed below if other Tyranny Fighters in those locations will join me:

Jacksonville, Gainesville, Tallahassee, Tampa, and Clearwater, FL, as well as Atlanta, GA and Montgomery, AL.

On Friday through Sunday, March 18–20, I will attend the Save America Convention, where I will sell and sign my book.

On Tuesday, March 22, I will leave from Tampa to return to my home in NJ. For those of you who may wish to contact me in Florida, my cell phone number is 814–880–9308.

 

7. LWRN Radio Broadcasts at www.lwrn.net

February 5, 2011: Robert Frommer, an attorney with the Institute for Justice, discusses some recent law suits prosecuted by the Institute. I discussed the showdown that is coming between the people of the United States and their government. I also reported on blatant incidents of kidnapping by the Keene, NH courts.

February 12, 2011: I interviewed Mark Schmidter about his jury nullification outreach in Florida and separately interviews with Pete Eyre on his recent arrest and detainment after wearing a hat in Keene, NH district court as well as the subsequent imprisonment of Adam Mueller for contempt of court.

February 19, 2011: Roger Roots, a lawyer and member of the Advisory board of the american Jury Institute discussed jury nullification.

February 26, 2011: Pastor William Temple, Chairman of the Freedom Fest 2011 National Tea Party Nominating Convention being readied for the Kansas City in October, discussed his entry into politics and religion.

 

9. Future Activities

The Coalition for Medical Marijuana of New Jersey usually holds its monthly public meeting on the second Tuesday at 7:00 pm in the Lawrence Township Library (Mercer County) Room #1.

The Save America Convention will be held in Tampa, Fl from March 18–20, 2011.

 

10. Suggested Books

A new book, “The Non-Trials” by Julian Heicklen, Ishi Press (2011) discusses his arrest at the Isaiah Wall in Manhattan, NY, in 2007 and the subsequent legal activity. It is now available for $25.95 at amazon.com, and probably other booksellers. Chapter V is a discussion of jury nullification. You should read it and also the Regas brief at:

http://1215.org/lawnotes/lawnotes/jurytamp.htm

I am planning on a book tour for 2011 and am available for book sales and/or speeches at any conventions. Let me know if your organization is interested.

“Actual Innocence” by Barry Scheck, PeterNeufeld (co-founders of The Innocence Project), and Jim Dwyer (a writer for the New York times), a Signet book (2001).

“Ordinary Injustice” by Amy Bach, Henry Holt and Co. (2009). Amy Bach is an attorney and journalist who spent eight years investigating the widespread courtroom failures that each day upend lives across America.

Michael Badnarik gives a course about the U. S. Constitution using his book “Good to be King.”

Mike Benoit has written a book entitled “Sham and Shame of the Federal Income Tax.” You can purchase it directly from him for five dollars. His E-mail address is in the header of this E-mail.

At some unspecified future date each of you will have a quiz by the U. S. courts on the material in these books. Failing that quiz will lead to a long prison sentence.

 

11. Warning

You should know that the Federal Protective Service, and possibly the FBI, is intercepting my E-mails. Another violation of our civil liberties. Be prudent if you write to me.

However a U. S. court recently has ruled that If the government wants to see your emails stored by an Internet service provider, they first will have to get a warrant. See:

http://www.allgov.com/Top_Stories/ViewNews/US_Court_Rules_Warrants_Needed_to_Spy_on_Emails_101216

 

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

 

Yours in freedom and justice—Julian

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