734 Rutland Avenue
Teaneck, NJ 07666
814-880-9308

January 4, 2010

U. S. Magistrate
U. S. Courthouse
500 Pearl Street
New York, NY 10007

Re: Violations # H5116786 Impeding/Oppose Federal Officer 10/26/09
# H5116785 Distribute Flyers/Fed Prop 10/26/09
# H5116787 Distribute Flyers/Fed Prop 11/09/09
# H5116789 Distribute Flyers/Fed Prop 11/16/09

Dear Sir or Madam:

Recently, I received the above-named notices to either pay $100.00 fines or appear in your court at 10:30 am on 1/19/10. I do not intend to do either for the following reasons:

1. The three citations were for violations of 41 CFR, subsection C #102-74.415(c) for distributing literature on federal property. However according to 41 CFR #102-71.25. "Who must comply with GSA's real property policies," Federal agencies must comply with these regulations. Since I am not a federal employee, it is not incumbent on me to comply. Federal agencies are not given the right to enforce the regulations, only to comply with them.

2. In fact it is not even incumbent on federal employees to comply, because 41 CFR, subsection C #102-74.415(c) is in violation of Amendment I of the U. S. Constitution.

3. The statutory offense is not applicable, because the police officers made an "illegal arrest,"- actually a kidnapping. I was not booked nor brought before a magistrate. In fact, an ambulance was called, I was loaded into the ambulance and sent to the Bellevue Medical Center psychiatric ward, where I was released.

4. Officer Barnes committed perjury in the police report when he charged me with forceful resistance. I was lying on the ground motionless immediately upon being placed "under arrest" and maintained that condition until I was in the hospital under custody of the hospital staff. A video of the "arrest" exists at http://www.youtube.com/watch?v=nnnwQ2RPMxg.

Title 18, United States Code, Section 242, provides for one or more persons who, under color of law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state, territory, or district to the deprivation of rights, privileges, or immunities secured by the Constitution, or laws of the United States... shall be fined not more than $1,000 or imprisoned not more than one year or both.

Title 18, United States Code, Section 242, with its color of law provision, gives a cause of action to apply Title 18, United States Code, Section 241, because Section 241 needs two persons in disguise and Section 242 provides the second person under color of law as the "QUASI SUMMONS" mentioned herein implies that a magistrate is acting in concert to commit an overt act of fraud and extortion for conversion.

Further, United States Code, Title 18, section 242 provides for one or more persons who, under color of law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state, territory, or district to the deprivation of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. . . shall be fined not more than $1,000 or imprisoned not more than one year or both.

"...an...officer who acts in violation of the Constitution ceases to represent the government." Brookfield Co. v Stuart, (1964) 234 F. Supp 94, 99 (U.S.D.C., Wash. D.C.) [...meaning, he is not operating in his official capacity, but in his individual capacity, unable to use his official position as a judicial officer as a shield against prosecution. - RJB]

"...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity..." 70 AmJur2nd Sec. 50, VII Civil Liability.

"Decency, security, and liberty alike demand that government officials be subjected to the same rules of conduct that are commands to the citizen. In a Government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Crime is contagious. If government becomes a lawbreaker, it breeds contempt for the law...it invites every man to become a law unto himself...and against that pernicious doctrine, this court should resolutely set its face." Olmstead v U.S., 277 US 348, 485; 48 S. Ct. 564, 575; 72 LEd 944.

"Judges must maintain a high standard of judicial performance with particular emphasis upon conducting litigation with scrupulous fairness and impartiality." 28 USCA 2411; Pfizer v. Lord, 456 F 2d 532; cert denied 92 S Ct 2411; US Ct App MN, (1972)."

"State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights." Gross v. State of Illinois, 312 F 2d 257; (1963)."

"Government immunity violates the common law maxim that everyone shall have a remedy for an injury done to his person or property." Firemen's Ins. Co. of Newark, NJ. v. Washburn County, 2 Wisc 2d 214 (1957)."

Demand is upon you to withdraw the invalid Notices and notify me within ten (10) days from receipt of this Notice and Demand or Action will commence in the United States District Court pursuant to Rule 7(a) and (c) of the criminal rules of procedure by the jurisdiction provided in Title 42, United States Code, sections 1983 and 1985; Title 28, U.S.C. sections 1331 and 1343 and others with Title 18, U.S.C., sections 241, 242, 872, 1621, 1622, and 1623 providing for the administration of the penalties.

Your office would better serve the public if you stopped harassing harmless civilians and concentrated on curbing the criminal activities of the police. Further attempts to enforce the citations and/or the statutory offense will be considered criminal harassment.

Sincerely yours,

Julian Heicklen