734 Rutland Avenue
 Teaneck, NJ 07666
 814–880–9308

August 4, 2011

Ernest J. DiSantis, Jr.
President Judge
Judges Chambers
Sixth Judicial District of PA
Erie County Courthouse
140 W 6th St

Erie, PA 16501

Re: Your letter of July 28, 2011 to Ebert Beeman

Dear Judge DiSantis:

 I have a copy of your letter to Councilman Ebert G. Beeman of July 28, 2011 (copy enclosed). On Wednesday, July 27, 2011, Mr. Beeman and I were distributing fully informed jury pamphlets in front of your courthouse.  I was on the courtyard.  Mr. Beeman was on the public sidewalk in front of the courthouse.  Enclosed is a summary of events given by GoErieNews.com.

 In your letter you claim that the information Mr. Beeman and I distributed is false and subverts the judicial process, including the right to a fair trial. Your lack of knowledge of the law is appalling. In fact the literature that we were distributing is true and is intended to stop you judges from perverting the law.

 Several of the founding fathers and subsequent judges have strongly supported jury nullification, as indicated on the enclosed information sheet. According to Tom Stahl: “Jury nullification is explicitly authorized in the constitutions of 24 states.    The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to ‘judge’ or ‘determine’ the law in ‘all criminal cases.’” (http://www.fija.org/docs/ JG_state_language_on_jury_nullification.pdf)

    Other organs of government also can nullify the laws. The legislatures can always repeal laws.    The executive has the prerogative of dismissing cases it wishes not to prosecute, as happened with me after 14 separate offenses.    Judges can dismiss cases in the interest of justice, which also has happened to me.    When police officers stop a person for an offense, they have the option of giving citations or warnings.    If they give warnings, they have nullified the law, as they have done with me on more than one occasion.


    Juries have the same right and duty. That is why we have juries: to protect the people from the tyranny of government officials like you.    Jury nullification has a long and glorious history in the United States.    It is the mechanism by which we obtained freedom of religion, freedom of the press, freedom for fugitive slaves, the end of alcohol prohibition, the end of a number of obscenity laws, the end of the crimes of inter-racial
and homosexual sex.  Currently some juries are refusing to convict drug possession crimes.

 An extensive discussion of the legal history of jury nullification is given in Chapter V of my book entitled “The Non-Trials,” Ishi press, New York & Tokyo, 2011, and the references given therein. Additional information can be obtained from the American Jury Institute, P. O. Box 5570, Helena, MT 59604–5570.

    Because of your ignorance of the law and the damage that you do by misinforming juries of their duties, you have subverted the judicial process, including the right to a fair trial as guaranteed by both the United States and Pennsylvania Constitutions, which you took an oath to uphold. In the Pennsylvania Constitution, Article VI, Section 3 states:

Senators, Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths. "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."

You have violated your oath of office.    We, the people, consider this a serious matter and we will not tolerate it any longer. You must be removed from office.  I am requesting that you resign your judgeship. Through a copy of this letter, I also am requesting that the PA House of Representatives initiate impeachment proceedings against you, as authorized by the PA Constitution, Article VI, Section 3.

 I remind you of the warning given by Thomas Jefferson. “From time to time, the tree of liberty must be nourished by the blood of patriots and tyrants.” I hope that you will not make that necessary.

Yours in freedom and justice,

Julian Heicklen
Organizer
Tyranny Fighters

Encl: Letter of President Judge Ernest DiSantis
GoErieNews.com article
Some Judicial Opinions
Cover letter to PA House of Representatives Judiciary Committee

CC: Sam Smith, Speaker, House of Representatives, Harrisburg, PA 17110
Ron Marsico, Majority Chair, Judiciary Committee, Room 218 ROB, PA House of Representatives, Harrisburg, PA 17110
Thomas Caltagirone, Minority Chair, Judiciary Committee, Room 106 IOB, House of Representatives, Harrisburg, PA 17110
PA Governor Tom Corbett, Governor's Office, 225 Main Capitol Building Harrisburg, Pennsylvania 17120
Chief Justice Ronald D. Castille, PA Supreme Court, 1818
Market Street, Philadelphia, PA 19103
Tyranny Fighters via E-mail
Lisa Thompson, Erie Times-News
lisa.thompson@timesnews.com
All persons receiving a copy of Judge DiSantis’ letter

SOME JUDICIAL OPINIONS
“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judges...” U. S. v. Dougherty, 473 F 2nd 1113, 1139 (1972)

“The law itself is on trial quite as much as the cause which is to be decided.” Harlan F. Stone, 12th Chief Justice, U. S. Supreme Court, 1941.

“The jury has the power to bring a verdict in the teeth of both law and fact.”    Oliver Wendell Holmes, U. S. Supreme Court Justice, 1902.

“The jury has the right to determine both the law and the facts.” Samuel Chase, U. S. Supreme Court Justice, 1796; Signer of the unanimous Declaration.

“The jury has the right to judge both the law as well as the fact in controversy.”    John Jay, 1st Chief Justice, U. S. Supreme Court, 1789.

734 Rutland Avenue
 Teaneck, NJ 07666
 814–880–9308

August 4, 2011

Ron Marsico, Majority Chair, Judiciary Committee, Room 218 ROB, PA House of Representatives, Harrisburg, PA 17110
Thomas Caltagirone, Minority Chair, Judiciary Committee, Room 106 IOB, House of Representatives, Harrisburg, PA 17110

Gentlemen:

    I am requesting that you initiate impeachment proceedings against Judge Ernest DiSantis.  Enclosed is the information on which this request is based. In addition, I have enclosed a copy of the information that Ebert Beeman and I were distributing at the courthouse in Erie, PA.

    Thank you for your consideration.

Yours in freedom and justice,
Julian Heicklen
Organizer
Tyranny Fighters