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:
IS THE JURY’S DUTY?
JUDGE WILL TELL THE JURY THAT IT
MUST UPHOLD THE LAW AS HE GIVES IT
HE WILL BE LYING; TWICE
“...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
Leland v. Oregon 343 U. S. 790
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
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.