FIJA distribution of April 23, 2012
    On Monday, April 23, 2012, Heicklen appeared on the plaza of the U. S. District Courthouse of the Southern District of New York at 500 Pearl Street in Manhattan, NY 10007, at 11:45 am.  It was a cold, windy, and overcast day.  He was joined by Bile.  

    The plaza separates Pearl and Worth Streets.  It is used mostly as a sidewalk to connect those streets.  To pedestrian passersby and to court personnel, some of whom exited the courthouse explicitly to obtain a pamphlet, Heicklen distributed the FIJA pamphlet entitled “A Primer for Prospective Jurors” along with a one-page pamphlet which read:

WHAT IS THE JURY’S DUTY?

JUDGE’S CHARGE

JUDGE WILL TELL THE JURY THAT IT MUST UPHOLD THE LAW AS HE GIVES IT

HE WILL BE LYING; TWICE


THE LAW

“...THE JURY SHALL HAVE THE RIGHT TO DETERMINE THE LAW AND THE FACT.”
NY Constitution Article I § 8
U. S. Constitution Amendment X

GUILT MUST BE ESTABLISHED BEYOND A REASONABLE DOUBT
Leland v. Oregon 343 U. S. 790 (1952)
Winship 397 U. S. 358 (1970)
Sullivan v. Louisiana 508 U. S. 275, 278 (1983)


U. S. ATTORNEY’S POSITION

JURY NULLIFICATION IS LEGAL

THE JURY MUST NOT BE SO INFORMED

JURY NULLIFICATION CAN BE DISCUSSED ONLY IN A PUBLIC FORUM

THE PLAZA IN FRONT OF A COURTHOUSE IS NOT A PUBLIC FORUM


JURY’S DUTY

THE JURY MUST JUDGE THE LAW AS WELL AS THE FACTS

IF THE JURY UPHOLDS THE LAW, IT MUST BE THE WRITTEN STATUTE

IF THE COURT HAS NOT GIVEN THE JURORS THE WRITTEN STATUTE THERE IS REASONABLE DOUBT

THEN THE JURY MUST ACQUIT

    Meanwhile Bile was taking pictures.  They can be seen on Facebook. We did not see any police officers or federal marshals.  Bile commented that it was rather dull without them.

    Heicklen passed out 28 flyers.  We ended our activity at 1:00 pm.