EVENTS OF MAY
25–JUNE 15, 2010
Demonstration of 5/25/10
arrived at the U. S. District Court at 500 Pearl Street in Manhattan,
NY at 11:40 am on Tuesday, May 25, 2010. It was a warm and sunny
day. Immediately a Homeland Security officer approached me and
told me to leave. He was joined by officer Valenti, who told the
first officer that I would be arrested. I continued to pass out
the American Jury Institute pamphlet entitled “A Primer for
Prospective Jurors” along with my handout which reads:
The judge will instruct the jury
that it must uphold the law as he gives it.
He will be lying.
The jury must judge
the law as well as the facts.
Juries were instituted
to protect the citizens from the tyranny of their government.
It is not the duty of
the jury to uphold the law.
The jury’s duty
is to see that justice is done.
At 12:00 noon Officer
Barnes and a sergeant approached. Officer Barnes asked me to put
down my sign, so that I would not hit him on the head with it. I
declined saying that: “I am not going to hit you. It is not
my style.” Officer Barnes stood 5 feet in front of me and
glowered. The sergeant stood 5 feet behind me.
passed out literature, and Barnes kept staring at me. I said to
Barnes, “Nice day isn’t it.” He replied
“Don’t try to be friendly with me. I am not your
friend.” I apologized for offending him.
12:25 pm, I moved about 20 feet into the shade so that I could see the
face of my cell phone better. Barnes yelled that I could not move
there, but I ignored him. He placed me under arrest. Immediately
I fell to the ground, as I always do when placed under arrest.
was handcuffed behind my back. He had my arrest warrant from 3
years ago. He searched my clothes and took everything in my
pockets. He said that the citation and a receipt for the
confiscated property was in my tote bag. Another federal marshal
said that if my fines were not paid within 10 days, he would issue
another arrest warrant.
was carried into the U. S. Courthouse and searched again. Then I
was dragged to the isolation cell, which had only a bench and
toilet. I urinated. The handcuffs were removed. A
number of capillaries had been broken in my wrists. My hands
short time later, I was handcuffed again and dragged down to a NY City
police car. I was taken to the police holding cells in the aptly
named Criminal Court of Manhattan building.
City Police Custody 5/25/10
the police station my picture and thumb prints were taken. My
belt and shoelaces were removed and kept by the police.
police could not decide if I should go before a magistrate or be sent
to Bellevue Hospital psychiatric ward. I was dragged upstairs to
the courtroom and downstairs to the street level for transfer to
Bellevue several times as they kept changing their minds. As a
result, I was physically and verbally abused during these drags.
My upper arms were crushed in their hands, and blood vessels broken.
This was painful. My upper arms turned blue. My sneakers had no
shoelaces, so my toes kept smashing into the front of the sneakers
breaking blood vessels in my toes. This was unpleasant to say the
least . My toes turned blue, and did not return to normal for two
While being dragged, my sweater, pants, and one sock fell off and
were discarded in the hallways. I was given a sheer blue outfit
of a top and pants to wear. The left pant leg was ripped to above
Finally I was taken before a magistrate. He was not
identified, a custom of a court of inquisition. I was still
handcuffed. I placed my head on the bench and never spoke to the
magistrate. The magistrate gave a brief summary of events.
He stated that I claimed that my commitment papers were not signed,
which was true, so that I had never been committed. He said that
the court copy was signed, thus admitting tampering of a legal document
by the court.
judge assigned a legal aid lawyer to talk with me outside the
courtroom. I did not discuss the case with her, because I
suspected that the courthouse was “bugged.” When she
returned she told the judge that I was polite, intelligent, and
articulate, but would not discuss my case, because I claimed the
courthouse was “bugged.”
magistrate replied that he could not tell if I was mentally
competent. Obviously anyone who exercises his Fifth Amendment
right to remain silent must be crazy. He ordered that I be sent
to Bellevue Hospital psychiatric ward for evaluation. The hearing
was recessed until June 8, 2010. I was dragged down the stairs in
handcuffs, put in a police car, handcuffed to the back door, and
delivered to Bellevue Hospital emergency admission.
Bellevue, I was handcuffed to the bed. I was given a pair of
hospital socks. I continued remaining silent. The nurses
and doctors pounded on my chest and pinched my fingers, which was quite
painful, but I would not utter a sound. Then they sodomized me by
shoving a needle up my rectum. Presumably they were looking for
drugs (or bombs).
Finally Dr. Goldberg, who was in charge of the emergency room,
came and pleaded with me to talk to him. I stated that I was
exercising my Fifth Amendment right to remain silent, and that I would
talk to no-one while under arrest. These were the first words
that I spoke to anyone since I was placed under arrest at the U. S.
Exercising my Fifth Amendment right to remain silent was clear
proof that I was insane. Dr. Goldberg stopped the medical exam
and ordered that I be taken to the psychiatric ward. I was placed
on a gurney and wheeled away to the psychiatric ward.
was placed in the sleep deprivation cell and the handcuffs removed.
This room is a 20 by 6 feet room, 10 feet high. Except for the
iron bar entrance gate, it had concrete block walls with no window,
toilet, or sink. The only item in the room was a stuffed chairs
fixed directly below a bank of fluorescent lights. Since there
was no toilet, I urinated on the floor.
After several hours, a doctor and four strong male attendants
entered the room. The doctor said that he would give me a shot to
put me to sleep and take x-rays. I objected vociferously, but the
attendants pinned me to the floor while the doctor gave me an injection
in my buttocks. Presumably this was a thorazine shot.
passed out. The next thing I knew was that I woke up in another
cell, and it was morning. I was lying on a wall bench. I
was not informed nor have any idea what was done to my body while I was
asleep. The cell had a toilet and sink. I was let out of
the cell and entered the common room in the psychiatric ward. I
was given breakfast. This was the first food, liquid, or water
that I had since leaving home at 9:00 am on the previous day.
Then I played an interesting and somewhat wild game of chess with
the grandson of Rocky Graziano. We were equally matched, so it
was an interesting game. While this was going on, a Mr. Miguel
from Bellevue Hospital called my wife and asked if I had any
psychiatric problems. My faithful wife lied and said that I was
not crazy. She also failed to mention that I was a carrier of
insanity. That was the psychiatric exam. I never saw a
psychiatrist. It also was the first notice my wife had that I was
Then I and several others were handcuffed chain gang style to two
other inmates, one to my right hand and one to my left hand in groups
of about 6 people. We were taken in a paddy wagon back to the
police station. I was dragged around some more.
Again, I was taken in a chain gang to a paddy wagon, and we were
off to the Riker’s Island prison. I still had not been
given a receipt for any of my property. The paddy wagon consisted
of several steel cages. The largest housed about 20
inmates. The smaller ones had one or two seats. I was alone
in a two-seater still handcuffed. The leg room was less than in
an economy seat in an airplane.
Apparently the smaller cells were for the more dangerous
prisoners. Since I was incarcerated for holding signs on a public
sidewalk at a demonstration across the street from the United Nations
building, I was considered very dangerous. Probably I was
considered to be engaging in treason, or at least espionage.
During the ride to Riker’s Island the radio played very
loud chain gang music. I guess that this was to drown out any
talk of a breakout.
Riker’s Island Receiving
arrived at Riker’s Island Prison Receiving late Wednesday, May
26, 2010, uncuffed, and 29 of us placed in a holding pen. It was
a cement block cell with an iron gate and a two windows, which barely
opened. It was 20 feet by 15 feet by 10 feet high. It
contained one bench 8 feet long by 8 inches wide. There was a
toilet and a sink. The toilet had overflowed, so there was urine
and feces on the floor. The sink could not be used for washing
hands, because it was used as a garbage pail, since no garbage pail was
present. Sleeping was done by lying on the floor or sitting with
your back on a wall. I got very little sleep in these pens,
because I did not have room to lie down and my old body would ache in
the sitting position. I had no dinner on Wednesday night.
We were given individual identity badges. I was known to everyone
as “Pops.” This name stuck throughout my
Soon we were moved to another holding pen which was larger: 20 x
20 x10 feet high. There were 40 of us in this pen. The
toilet did not flush, so feces and urine accumulated in the
toilet. After a while we were given a towel to place over the
toilet to reduce the stench.
were moved around from 3 holding pens, one 20 x 15 x 10 feet and two 20
x 20 x 10 feet. Apparently this was done, so that the pen that
was empty could be cleaned. In the third pen, the toilet flushed,
but there was still no useable water for washing hands. None of
the pens had soap, towels or toilet paper. When the sinks became
full of garbage, additional garbage was thrown on the floor.
During my stay, I met about 150 inmates, of whom 6 were
Caucasian. The others were black or Latinos. The food was
unedible. I had no dinner on Tuesday or Wednesday night.
Thursday night there was chicken, which was OK and inedible
vegetables. Friday night dinner was two cold fish between two
whole wheat bread slices plus some vegetables.
Receiving, there was no telephone for inmates. None of us were
allowed to make a phone call. At one time we had 60 people in the
pen occupying 400 square feet of floor space. On Wednesday, May
26, or Thursday, May 27, (I forgot which night) at about 6:00 pm Rabbi
Herbert Richtman, the Jewish chaplain visited me. The 5-minute
interview was public and conducted through the prison bars. He
checked to see if I was all right and notified my wife.
the Receiving pens, marijuana was smoked openly. A few inmates
would sit on the floor and roll joints. The guards knew this was
taking place, but did not care. One inmate told me that the
guards smoke pot also while on duty, though I never witnessed this.
day, the word was passed in the pen that the Cripps gang had been
arrested and was in the adjoining pen. Soon word was passed that
the turtles had arrived. The turtles were the riot squad, who
face shields and body protective gear. They looked like
turtles. They went into the pen with the Cripps. I could
see nothing, but heard yelling and screaming. Then the turtles
Twice during my stay, I was taken to the medical area for
evaluation by medical personnel. I told them that I had some old
man problems and needed four prescription medicines and an aspirin
every day. I was never given any medicine while in
Receiving. There were two mens’ bathrooms in medical, but
neither had running water, soap, toilet paper, or towels. Inmates
could not wash their hands in a medical area.
one of my visits to medical, while waiting in the reception area,
another inmate had a grand mal seizure, fell to the floor, and was
rolling around. The other inmates screamed for help. It
took about 10 minutes before two staff people showed up with a
board. They rolled the inmate onto the board and strapped him to
it. They lifted him to a gurney, wheeled him into the hall
outside the reception area and left him there. No medical person
attended to him, though they were within 30 feet of him.
my second visit to medical, the nurse asked if I would rather go to
general population or the hospital. I asked what the difference
was. She told me that in the hospital, I would get a bed, so I
chose the hospital. It turned out that there were beds in general
population, but there were more inmates than beds.
Friday, I again missed my supper, because I was handcuffed and driven
to the NCI annex (the hospital). When we got there at 6:10 pm, I
was refused entrance. We returned to the Receiving area.
Much later that evening, I again was taken in cuffs to the hospital and
was admitted at 1:20 am early Saturday morning, May 29, 2010.
While I was in the Receiving area, my identification badge was
taken from me. When we left for the hospital, I asked for it, but
my request was refused. I arrived at the Hospital (NCI annex dorm
2B) without it, but was admitted. Without an ID badge, one does
not exist and cannot receive medicine or go to any activity.
Fortunately, I still had my wristlet ID from Bellevue, and that was
accepted for purposes of medicine, law library, and outside recreation
(one hour per day).
linguistic skills of the NY City Police and the Receiving guards at
Riker’s Island are somewhat limited. They only use two
words when they talk. One of these is” fuck,” which
is used both a s noun and verb. The other word is
“fucking,” which is used as an adjective. However the
NY City police officer who had to drag me up and down stairs in the
courthouse was more articulate. Every few minutes, he would say:
“You worthless piece of shit,” apparently directed at me.
Riker’s Island NCI
Hospital 5/28–6/8 (Psychiatric interview)
the dorm room in the hospital, there were 27 inmates including me, 26
hospital beds with springs under the mattresses, and one cot with a
metal slab under the mattress. I got the cot. The hospital
population in that room varied from 24–27 while I was there.
was given 2 sheets, a pillow case, a blanket, a towel, tee shirts,
undershorts, an inmate handbook, an inmate rule book, and a large box
for personal belongings. The linen and clothes were changed once
a week. In between, we washed our own laundry. I did not
have any pants, so an inmate loaned me a pair of his. My sneakers
were removed and kept in property control. I was given a receipt
for the sneakers and a pair of disposable orange slippers, called
Patakis. Except for the sneakers, I was never given a receipt for
any of my confiscated property.
There were two telephones in the dorm. We were allowed some
free calls and some paid calls each day. I made my first call on
Saturday evening, May 29, 2010, to my wife. These calls were
collect long distance calls, because I live in NJ. Thus I did not
get to make a telephone call until 4 days after my arrest.
Meals were at 4:30 am, 10:30 am, and 4:30 pm each day. The
food was plentiful, wholesome, nutritious, and tasteless. Since
this was a hospital, there were no condiments including salt or
pepper. I was told that the food in general population was
tastier. However the fruit, particularly the oranges and canned
peaches, were excellent.
Lights out occurred at midnight. They went on again at 4:30
am for breakfast. After breakfast, there was a two hour lights
out period. The breakfast room had a TV, which was controlled by
the alpha male.
Medicine was distributed 4 times a day. I got mine at 10:00
am and 9:00 pm. Also my blood pressure and temperature were taken
3 times a day.
medicines that I received daily were my 4 prescription medicines and an
aspirin , but that did not start until Tuesday, June 1, 2010.
other inmates were helpful to me and each other. Everyone seemed
to get along. The hospital was run well. The male guards
were pleasant and helpful. Some of the female guards were
bitches, but they were just trying to let us know who was boss.
The only real problem was getting anything fast. It took me seven
days before I was getting all of my medicines. My wife sent me
two packages. The first was given to me the day after it arrived
at the prison. The second contained my legal material, was
refused by the prison, and returned to my home. In addition I
received a letter from someone that I did not know who offered his help
in the FIJA activities.
called my wife almost every day at about 6:00 pm starting on Sunday,
May 30, 2010.
Soon after I arrived, it was learned that I tried my own legal
cases and had tried about 50 cases. Everyone came to me for
advice and help in preparing grievances and legal papers. I
became the jailhouse lawyer.
There was a Gideon bible in the dorm. I read the whole book
of all 150 psalms. The other inmates noticed this and made me
their spiritual adviser. Also there was a book lying around
(“Life Expectancy” by Dean Koontz) which I read, and it was
hilarious. As a result, I woke up one morning to find that every
book in the place was under my bed. Now I was the dorm
librarian. This did not occupy much time, since few of the
inmates read anything or, in many cases, were unable to read at
all. For those that could read, they were limited to words of
less than 4 syllables. When these long words came along they came
to me to pronounce them and tell them what they meant. Thus I
became a reading counselor. I also went into the pants pressing
business. Since mine was the only bed with a flat metal slab to support
the mattress, the inmates would lay their pants on the slab and then
return the mattress on top of the pants. While I was sleeping at
night, I was pressing pants.
also provided some entertainment for the prisoners. I have a
large number of jokes that I like to tell. Unfortunately, most
people will not listen. However here I had a captive audience
with essentially nothing else to do, so I regaled them with my sick
During my stay in prison everyone referred to me as, and called
TV was controlled by the alpha male. Lots of sports events and
trash TV shows, mostly of young girls who had sex with six guys and did
not know which one was the father of their fetus.
Early in my visit blood samples were drawn for testing to check
if my medicines could be given to me.
daily routine consisted of:
4:30 am: lights on and
Medical calls 7:00 am,
10 am, 1:00 pm 3:00 pm, 5:00 pm, and 9:30 pm
calls throughout the day
1:00 recreation for 1
hour in the yard
5:00 law library for 2
Blood pressure and
temperature 3 times per day.
Bed count 2 times a
Next to my bed on one side was an inmate named Saint Julian
Mack. He was a mixed breed of several Native American
tribes. He was extremely helpful and kind to me. He saw
that I received proper care.
Sunday, May 30, 2010, at 10:30 am, I had my first bowel movement since
I left my home at 9:00 am on Tuesday, May 25. I took a shower,
put on fresh prison clothes and borrowed pants from an inmate. I
discarded my blue tissue prison garments.
blood pressure varied from 132/85 to 98/62 and temperature from 96.1 to
98.4 during my stay.
I also was the
communications person. I let several of the inmates use my
allotted telephone calls, since I did not need them, because I had to
call my wife collect.
On Sunday at 6:00 am some guy got a razor and cut up my face
pretty severely. That guy was me. It was my first shave
since I left home the previous Tuesday morning. There was no
shaving cream or after shave lotion. One soaped his face and
started cutting. The wall mirrors were defective and essentially
Initially I had no pillow. I used my towel as a
pillow. Later I got another blanket and put that inside my
pillowcase to make a pillow.
On Tuesday, 6–1–10, I got a thorough medical exam,
lunch I went to the yard, chain ganged to 3 other inmates. We
were handcuffed to another inmate by one hand, leaving one hand
free. Then the 2 pairs were chained together one pair in front
and one behind. We were unchained in the yard. There were
17 of us in the yard. Four officers were outside eating lunch.
yard was a 42 x 60 feet asphalt surface open to the sky. The
fences were 12 feet high topped by 5 more feet of barbed wire.
There was a basketball backboard and basket. Four of us,
including me, shot buckets for awhile. Then I rested. It
was warm and sunny day. Five inmates were working out with
weights. One inmate was practicing a dance routine. A few
inmates just sat and soaked up the sun. After an hour we were
chained together again and returned to the hospital dorm.
was interviewed by Benjamin Campbell, a psychiatrist.
On Wednesday, 6–2–10, I was told that I had a visitor
and to collect my stuff. I returned the pants that I had borrowed
and proceeded to leave in my under shorts. A guard found a pair
of brown pants. There were two large rips in the pants.
McNichols, a retired firefighter from Queens, visited me for 1 hour. I
had never met Joe, but we have had some e-mail correspondence. We
told jokes and had a good time. Even the guards laughed, probably
a violation of discipline. Joe smuggled in a pocket constitution
so that I could start sedition. After he left, he called my wife,
which she greatly appreciated. I was strip searched, handcuffed, and
returned to the dorm.
other inmates started teaching me ghetto talk. I learned two
homi” (homi means homeboy, which is a bit of a putdown.)
“Ho down, Pimp up.” What this is supposed to mean, I
do not know, but I suspect it is sexist in some manner. It is
also not clear when to use this phrase with my orthodox Jewish neighbor
I had a blood test for HIV, and found out that I was leading a
dull life, since I tested negative. I filled out a grievance form
for another inmate. I noticed that the one guard in our dorm was
sound asleep and apparently in a catatonic state. The inmates
could have chopped him up easily, and he would never have
recovered. Apparently he forgot the primary rule for guards to be
always alert for trouble. At midnight I was notified that I was
going to court tomorrow. Be ready to leave at 6:00 am.
law library had many legal books. It also had three computers
which only had access to lexus nexus, the online legal library.
There also was a copying machine in the library.
On Friday, June 4, 2010, I left the dorm at 6:10 am and walked to
a holding pen, where I stripped to my underpants, blue socks, and
orange Patakis. I was given a tee shirt and a pair of brown pants
with two large rips. Over them, I donned an orange jump suit.
8:30 am, I tried to talk to a guard, but he ignored me. At 8:45 am the
other cellmates were removed, and I was alone in the cell. Then
other inmates joined me . The cell was cleaned at 9:45 am.
10:00, I was loaded into a bus with cages. It had a 20 seat cage
section, and five 1 or 2 seaters with less leg room than an economy
airplane seat. I was alone, handcuffed in a 2 seater.
11:20, we reached the aptly named Criminal Courthouse of
Manhattan. I was put in a cage with 5 other guys. The
handcuffs were removed. The cage was 20’ x 20’ x
10’ high. It had a toilet and sink, but no running
water. There were no towels or toilet paper.
11:30, I was taken uncuffed to another holding cell where I got a
peanut butter and jelly sandwich and tea.
12:30, I was taken to a room with a psychiatrist and his
assistant. They did not introduce themselves. The assistant asked
the questions, and the psychiatrist wrote the answers. They
interviewed me from 12:30 to 1:30 pm. At the end of the interview
I asked for their names, but they did not give them. They said
that they would be on the written report, which I have not yet
received, and probably never will (see below).
They asked trick questions like “Are steam and ice
different substances?” Since I am a professor of chemistry,
I got that one. I used the same question on some exams that I
gave. They also asked me to count down by sevens from 100
(answer: 100, 93, 86, 79, etc).
They also wanted to know what my legal defense would be, so they
could tell the judge. I refused to answer that question.
They wanted to know if I would post bail. I said absolutely
not. They asked even if it was $1.00. I said that I would
not even post $1.00 as a matter of principle. They asked if I
knew what my maximum sentence could be. I responded 1 year, but
that would be an unusually severe sentence.
They asked if I had or needed a lawyer. I responded that I
do not do business with the criminal class, and that a lawyer does not
represent the interests of his client, but is an officer of the
court. I gave my speech about the corruption of lawyers and
elected legislators. I said the I would represent myself since I
could do and say things in court that a lawyer never would (unless he
wanted to be disbarred).
They asked why I am doing the actions that get me arrested.
I responded because we live in a totalitarian country with a judicial
system like those of Hitler and Stalin and the largest prison
population in the world. I wanted my children and grandchildren
to live in a free country, but it probably is too late for my
children. I cried.
After the interview, I was returned to the holding cell with a
toilet and sink, but no running water, toilet paper, or towels.
At 3:50 pm, I was moved to another cell. While on the elevators,
the inmates, who are handcuffed, are required to look at the back of
4:30, I was given milk and a cheese sandwich
7:00 pm, I was handcuffed in front, taken out of the cell. Nine
of us were put into the van with cells and returned to Riker’s
Island. I was in a single seater, still handcuffed. We
arrived back at Riker’s Island prison at 8:10 pm. I was
given my medicines, and my blood pressure was taken. My bedding
was gone, so I slept in my cot with one blanket, but no linen.
I received a letter from someone in Virginia who had heard of me,
but whom I did not know, asking how he could help. I was touched
by his concern.
met a new inmate who was a 16 year old boy with his mouth wired
shut. Imagine putting a 16 year old boy, who could not talk, in a
room full of sex-starved, adult, male criminals!
That evening I filed a grievance stating that I had been in the
medical dorm for 6 days and never received cocoa and graham crackers at
bedtime. I put in a request for these items, but never received a
reply. At the rate things happened there, I suppose they are
still mulling over that grievance deciding what to do.
Undoubtedly this was the first grievance of that nature that they had
to deal with.
10:05 pm, I called home and spoke with my wife, daughter, and 3-year
On Sunday, June 6, 2010, lights and breakfast did not commence
until 5:00 am. Apparently, Sunday is a day of rest. By now
I had developed a bad cough which occurs when I get insufficient sleep.
I had no top sheet and only one blanket, so I was cold
continuously. My arm bruises were almost gone. The pain in
my toenails was gone, but my toenails were still discolored.
There was laundry change. I received two fresh bedsheets, a
pillow case and a towel. At 12:30 pm, my identification badge was taken
away, and I was moved from Dorm 2B, which was a low violence dorm, to
Dorm 1, which was a no violence dorm and had 40 beds. I was given
two buckets for keeping my belongings. Also I had a real hospital
bed with a spring base. There were 4 other Caucasians; the other
inmates were blacks and Latinos.
5:40 pm, I called my wife and explained that I was moved from a low
violence dorm to a no violence dorm. While on the phone a loud
shouting match broke out. Two prisoners were after each
other. The guards moved in, ordered everyone to their beds, and
broke up the scuffle. My wife heard all of this. I am sure
she was comforted to know that now I was in a no violence dorm.
After the scuffle was calmed down, I entertained the inmates with
my collection of jokes. It was nice to have a captive
At 4:45 am, I awoke, showered, shaved, dressed, and left for the
Criminal Court of Manhattan at 5:50 am. I went through the same
process as the previous Friday. This time I did not see a
psychiatrist, but had a court appearance. I was the last inmate
to have an appearance. At 5:20 pm, I was handcuffed and brought
to the courtroom by a guard. The court had been emptied and
closed. The only people present were a judge, a court reporter, a
young lady from the district attorney’s office, the guard, and me.
young assistant district attorney announced that “In the case of
the people of the State of New York versus Julian Heicklen, the state
moves that the case be dismissed in the interest of justice. The
handcuffs were removed and I was free to go.
had no money and no way to go home. I was directed to the
cashier’s window. The cashier was away for dinner.
When he returned at 6:30 pm, he gave me $16.32, which what was left of
the $20.10 confiscated by Homeland Security on May 25, 2010. Some
of my money had been used by other inmates that I let make calls off of
my account. I bought a metro card, took the subway to the Port
authority, caught a bus for Teaneck, NJ. I borrowed a bus
rider’s cell phone to call my wife, who met me at the bus stop.
Recovery of Property
Tuesday, June 15, 2010, I went to Manhattan to recover my
property. At 12:30 pm, I was at NY City Police headquarters at 1
Plaza Place where the property recovery center is situated. I was
denied entry, because I did not have a case number or voucher. I
was directed to go to 1 White Street, about 3 blocks away, to obtain
these documents. When I arrived there, I was informed that I was
at a jail that had nothing to do with property reclamation. I was
sent across the street to property control. There I was advised
that only property in the possession of corrections, and not the
police, could be recovered. I was instructed to call 311 to make
an appointment to get my prison property at Riker’s Island.
Further I was told to return to police headquarters at 1 Plaza Place.
returned to police headquarters, but refused entry again. I was
directed to go to Room 732, Criminal Court of Manhattan at 100 Centre
Street to get the appropriate documentation. When I got there, I
was asked who made the arrest, and I told them the Department of
Homeland Security. Then I was informed that I had to go to them
to arrange to get my property.
Since I was in the Criminal Court of Manhattan, I decided to get
copies of the court order dismissing the case, the psychiatric
evaluation of June 4, 2010, and the $210.00 the court was
“holding” (actually stealing) for me. I never did
find out how to get the money. I went to the Clerk of Court
’s office, Room 150, and obtained a copy of the court order and
the names of the presiding judges involved in my case. The Clerk
had signed the court order. The judge’s name did not appear
on the Order, which seemed strange to me.
Clerk sent me back to room 732 to get the voucher. When I got
there, I was told that I would have to call Patrol Boro Manhattan South
for the voucher. The Clerk also said to go to room 500 to get the
psychiatric report. When I got there, the person said that I
could not have it, because it was the court’s property. (I
was always under the impression that medical records could not be
denied to the patient.) She said that she would not release it
unless the judge issued a subpoena.
returned to the Clerk of Court’s office to get a subpoena
form. He did not have then, but directed me to the Clerk of Court
in the NY State Supreme Court at Room 109B, 60 Centre Street.
When I got there, the Clerk told me to go to room 141B. While I
was looking for room 141B, which is tucked in some alcove somewhere, I
ran into a court official and asked him how to get there. He was
puzzled by this request and asked me for what reason. When I told
him, he said that I should go to room 116.
When I got to room 116, the clerk gave me several pages of
instructions for filing a subpoena, but said that the court could not
provide the subpoena forms, because they were copyrighted, and that I
would have to buy one from a bookseller. He also suggested that
instead, I just write a motion to the judge to order Room 500 to give
me a copy of my medical record. However, when I told him that my
case had been dismissed and was closed, he thought the judge could no
longer issue any orders, but it was worth a try. To file a
subpoena, I would have to open a new case with the court and pay a
filing fee of $210.00.
was now 5:00 pm, and the courts were closing for the day. I will
try the court order route, but it is a long shot. I still have
not had any property returned. I will have to contact Homeland
Security for a voucher that I can present at 1 PLaza Place to get my
property, if it is even there. I do not hold out much hope of
getting a voucher from Homeland Security, because probably it will tell
me that all of my property has been transferred to the NY City police,
which I believe has happened. I still do not know how to reclaim
THIS IS YOUR
GOVERNMENT IN ACTION
was never informed of my Fifth Amendment right to remain silent by the
Homeland Security police, the federal marshals, the NY City police, any
court officials, the legal defense lawyer, any Bellevue Hospital
personal, Department of Corrections officials, the psychiatrist who
interviewed me in the Criminal Court of Manhattan, or anyone
else. On the contrary, I was verbally and physically abused for
should have been allowed to make a telephone call within 24 hours, but
it was 3–1/3 days before I could make a call.
did not receive my medicines until I was in the infirmary, 5 days after
my arrest, except for one dose of milk of magnesia on Thursday, May 27,
2010. Even then I did not get my daily dose of metamucil until
several days later.
Except for the visit by Rabbi Herbert Richtman, the prison
chaplain, through the bars of the receiving pen, I was not permitted to
see a Jewish chaplain. There was a Catholic nun that came into
the ward three times during my stay, and I talked with her each
time. These were mostly social calls.
also was not permitted to see social services or legal aid. I did
go to the yard one day and to the legal library on two occasions.
was sent to Bellevue Hospital for a psychiatric exam, but had no exam
and did not even see a psychiatrist.
Both Joe McNichols and bile contacted my wife to keep her
informed of my situation while I was away. This was of great
solace to her. Thanks guys.