734 Rutland Avenue
Teaneck, NJ 07666
814-880-9308
November 9, 2009

Judge John G. Koeltl
U. S. District Court S.D.N.Y.
U. S. Courthouse
500 Pearl Street
New York, NY 10007

Re: District Court Case #08 CIV. 2457 (JGK)

Dear Judge Koeltl:

I have received Mr. McCann's correspondence of October 28, 2009.  In his DECLARATION OF MAX MCCANN IN OPPOSITION TO PLAINTIFF'S MOTION FOR DISCOVERY AND SUMMARY JUDGMENT, McCann states in point 3 that he has not tampered with the sound track of the video.  He may not have, but someone did, probably the police. He submitted tampered evidence.

In Point 4, he claims to have acted in good faith. That may be his idea of good faith, because after all, he is a lawyer. This is the way lawyers act routinely. I doubt that any non-attorney would agree with him.

In point 5 he claims that criminal proceedings against plaintiff are still pending. This may be a delusion of the district attorney, but it is just not so for the reasons given in my previous correspondence.

I am not responding to Mr. McCann's and Cardozo's MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR DISCOVERY AND SUMMARY JUDGMENT, because it is just a rehash of previous lies. It is nothing but an attempt to waste time. I stand by my previous comprehensive submissions.

Your behavior in this case has been atrocious. Your failure to recuse yourself just adds to your shamefulness and disregard for the law and decency.

I am asking you again to recuse yourself from this case.


Do not return this letter. Add it to the case record. If there is a rule against this, ignore the rule.

Sincerely yours,


Julian Heicklen
Plaintiff
Counsel Pro Se


CC: Pro Se Office, Room 230, U. S. District Court, southern District of New York, U. S. Courthouse, 500 Pearl Street, New York, NY 10007, Tel: 212-805-0136
Michael A. Cardozo, Corporation Counsel, The City of New York, Law Department, 100 Church Street, New York, NY 10007, Tel: 212-788-0861
Max McCann, Assistant Corporation Counsel, The City of New York, 100 Church Street, New York, NY 10007, Tel: 212-788-0861