744 Rutland Avenue
Teaneck, NJ 07666
December 20, 2010
Richard J. Holwell
U. S. District Judge
U. S. District Court: S. D.N. Y.
U. S. Courthouse
500 Pearl Street
New York, NY 10007
Re: Julian Heicklen v. U. S. Department of Homeland Security et.
Case #10 CV 2239 (RJH)(JLC)
Dear Judge Holwell:
Dismissal of the criminal cases
Rebecca Mermelstein, Assistant U. S. Attorney, has
notified Judge Pitman in her letter of November 22, 2010, that the U.
S. Attorney has dismissed all criminal charges against me for
activities in front of your courthouse. Perhaps your thugs, i. e. officers of the Department
of Homeland Security, will return the property that they stole from me.
In her letter, Ms. Mermelstein also suggests that
the court initiate jury tampering charges against me. I welcome
such an opportunity to expose the lying that you judges give in your
instructions to jurors. The opportunity is appealing to explain
to the jury that its duty is not to uphold the law, but to see that
justice is done. In the cases against me which Ms. Mermelstein
dismissed, she nullified the law. Perhaps she should be a
codefendant in the jury tampering case, because she tampered with the
jury by denying it an opportunity to uphold the law.
of default judgment against Bellevue Medical Center
In your ORDER
of November 2, 2010, you denied default judgment against Bellevue
Medical Center and its employees, because the summons was not served
correctly through error of the clerk of court. You requested that
I again serve Bellevue and its employees. What chutzpah! It
would cost me about $300 to serve those Defendants again. The
Court made the error, it should correct it by having the federal
marshals do the service. They will have nothing else to do now
that presumably they will not be spending their time arresting me or
anyone else who asserts Constitutionally protected rights.
Instructions to stop contacting Judge Holwell
In your ORDER,
you also instructed me not to contact you again. This is the
second time that you issued such an instruction. As long as you
are the presiding judge in this case, you will receive correspondence
from me. If you want it to stop, recuse yourself from the case,
as I have requested previously.
to file an amended complaint, to obtain identities of John Does from
defense counsels, and contact the Bankruptcy court to lift stay
on St. Vincent
In his ORDER of November 15, 2010, Magistrate Judge
James L. Cott, who is assisting you in this case, issued three
instructions to me:
I was ordered to file an amended complaint with the
additional incidents added to the original complaint. I will be
happy to comply after I receive the identities of all the John Doe
Defendants, including those from the ambulance crews (including the NY
City Fire Department) from the Defendants’ counsels. The amended
complaint will include Michael Bloomberg, New York City Mayor, to
remove any immunity issues suggested by the New York Fire Department.
It costs me about $3500.00 to serve all of the
Defendants. If I have to serve before knowing all he names of the
John Doe Defendants, I will have to serve again, at another cost of
$3500. This is an unreasonable burden. Therefore, I will
wait until I have received the names of all the John Doe Defendants
before the next service of summons.
I was informed that if I wish to learn the names of the
John Doe Defendants, I must request that information from the Defense
Counsels. I have done that through copy of a letter that I sent
to Judge Cott on September 8, 2010. Mr. Pellegrino, Counsel for
the federal Defendants provided the names of the John Doe
Defendants. The other counsels did not provide any information
about the John Doe Defendants. I submitted Motion Papers to Judge
Holwell on October 8, 2010, to issue an ORDER to see that it is done.
There has been no response to those papers.
Through copies of this letter, the counsels are requested again to
submit the names, positions, dates of participation, and addresses
where they can be served.
Again I am asking Judge Holwell to respond to my motion papers by
ordering the Defense Counsels to provide the identities of the John Doe
Judge Cott further states that in order to lift the automatic
stay.of this case as to defendant St. Vincent’s Hospital, I must
make such a request directly to the Bankruptcy Court. This is a
ridiculous request. St. Vincent’s Hospital does not owe me
any money. I have no standing in the bankruptcy claim. I am
not an attorney nor a litigant. Probably I would never get a
response from the Bankruptcy Court. If I do get a response, it
will deny my request, if for no other reason than I do not have
standing. The bankruptcy Court would be acting properly, and I
would expect no other action. It is Judge Holwell that must lift
the stay, not the Bankruptcy Court.
claim of independent actor for the hospitals
Robert Drucker, Counsel for New York Downtown
Hospital, has moved that the Court dismiss it as a Defendant, because
it is an independent actor. Mr. Drucker has committed
I have distributed literature on 12 occasions in
front of the U. S. District Courthouse in Manhattan. I have been
arrested 9 times. The proper procedure for police is to take the
arrestee to a magistrate. This happened twice. On 7
occasions, I was taken to hospitals (3 times to NY Downtown Hospital, 3
times to Bellevue Medical Center, and once to Saint Vincent Catholic
Hospital). On one occasion, I was arrested, my literature and
sign confiscated, and released. On one occasion, I was not
arrested, just robbed. On another occasion, I was ignored.
In addition I was arrested at the U. S. District
Courthouses in Springfield, MA, and in Newark, NJ. In neither
instance was I taken to a magistrate. Instead I was taken to a
The purpose of the hospital visits is to perform
what is euphemistically referred to as extraordinary rendition.
In each incident, the hospitals, ambulance personnel and the police
knew that I had no medical problem. The hospitals are in collusion with
the police to perform torture. At the hospitals, I have been sodomized,
had a plug driven up my left nostril (extremely painful), had my
corneas “dusted” with a brush, beaten black and blue on my
chest, and forcefully injected with thorazine on two occasions against
my expressed wishes. Two days after one of these hospital visits,
I saw my physician, who looked at my chest and exclaimed: “Did
the police do that to you?” I answered: “No, it was
not the police. It was the hospital personnel.”
6. Request for new filing date of December
In his letter of November 29, 2010, Counsel Robert
M. Drucker states that the Defense Counsels have agreed that Plaintiff
should submit his amended complaint on or before December 30,
2010. Of course this is impossible. Until I get the names
of the John Doe Defendants, I cannot act. I am willing to agree
to a filing date of 30 days after receiving the names of all the John
Doe Defendants, including those from the New York City Fire Department
and St. Vincent’s Hospital.
Relationship to the Court
In the event that you are considering a contempt of
court charge against me, you have misjudged the situation. My
feeling toward this court is not contempt. It is hatred, intense
hatred. You and your colleagues have destroyed my country. This
letter is being released to the public, so that it will be aware of
what occurs in our courts of injustice.
Merry Christmas and Happy New Year. It is the
time of year for serious introspection.
Julian Heicklen, Plaintiff
Counsel Pro Se
CC: Magistrate Judge James L. Cott, U. S. District Court, S. D. N. Y.,
U. S. Courthouse, 500 Pearl Street, New York, NY 10007
Pro Se Clerk, U. S. District
Court, S. D. N. Y., U. S. Courthouse, 500 Pearl Street, New York, NY
Chief Judge Loretta Preska, U. S. District Court, S. D. N. Y., U. S.
Courthouse, 500 Pearl Street, New York, NY 10007
Robert M. Drucker, Martin Clearwater & Bell LLP, 220 East 42nd
Street, New York, NY 10017–5842
New York City Health and Hospital Corporation, Litigation Department,
125 Worth Street, New York, NY 10013
Bellevue Hospital Center, First Avenue & 27th Street, New York, NY
Louis A. Pellegtino, Assistant U. S. Attorney, 86 Chambers Street, 3rd
Floor, New York, NY 10007
Leslie Berson, Assistant Corporate Counsel, City of New York, Law
Department, 100 Church Street, New York, NY 10007
Michael F. Oakes U. S. Central Violations Bureau, Divion Office Manage,
U. S. district Clerk’s Office, 655 East Durango Boulevard, San
Antonio, TX 78206
Elizabeth O’Brien Totten, Kaufman Boogeest & Ryan LLP, 120
Broadway, New York, NY 10271