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

January 13, 2011

Pro Se Clerk
Room 230
U. S. District Court
Southern District of New York
500 Pearl Street
New York, NY 10007

Re: United States v. Julian Heicklen, Cr. 1154

Dear Clerk:

    On January 11, 2011, at 1:25 pm, I was served with a summons by Officer Martinez and 2 other unidentified Federal Protection Service Officers to appear for a hearing on January 24, 2011, at 10:00 am in Courtroom 15B. This is less than the 20 days usually allowed by this Court.  Furthermore a summons should be served by federal marshals, not law enforcement officers. Additionally there are other problems:

Was I indicted by a Grand Jury?  If not the indictment is not valid.  See U. S. Constitution, Amendment V and J. Heicklen “The Non-Trials,” Ch. IV (2011); just published.

If I was indicted, I was not informed of any hearing, and thus was denied the opportunity to testify before the Grand Jury. That makes any indictment invalid, as I am entitled to present my information to the Grand Jury as given by FRCrP Rules 7 and 58(b)(1):

Rule 7. The Indictment and the Information
(a) When Used. (1) Felony. An offense (other than criminal contempt) must
be prosecuted by an indictment if it is punishable: (A) by death; or
by imprisonment for more than one year.
(2) Misdemeanor. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule
58(b)(1).

58 (b) Pretrial Procedure. (1) Charging Document. The trial of a misdemeanor may proceed on an indictment, information, or complaint. The trial of a petty offense may also proceed on a citation or violation notice.

3. The arraignment was not done in open court in the presence of the defendant, in conflict with FRCrP Rule 10.

Rule 10. Arraignment
(a) In General. An arraignment must be conducted in open court and must consist of:
(1) ensuring that the defendant has a copy of the indictment or information;
(2) reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then
 asking the defendant to plead to the indictment or information.

4. In addition to those technicalities, the summons does not include any deposition from the accuser, so that I do not know the specific incident that is involved.  The summons states that there is only one charge, but gives no particulars, including a date, time, location of the incident, names & dates of jurors tampered, & how tampered.  This is a violation of FRCrP Rule 3.

Rule 3. The Complaint
The complaint is a written statement of the essential facts constituting the offense charged. It must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer.

5.  It also is a violation of the U. S. Constitution, Amendment VI, which requires that the accused “be informed of the nature and cause of the accusation.”  It also violates FRCrP Rules 43 and 44.

Rule 43. Defendant’s Presence
(a) When Required. Unless this rule, Rule 5, or Rule 10 provides otherwise, the defendant must be present at:
the initial appearance, the initial arraignment, and the plea; and

Rule 44.    
(2) every trial stage, including jury impanelment and the re-turn of the verdict; and
 sentencing

Since I am being charged with a criminal offense, I am entitled to a jury trial as required by the U. S. Constitution, Amendment VI.  I will need such a commitment in writing from the trial judge before proceeding further.

Before I appear for a hearing, I must be notified of what will transpire at the hearing, so I can prepare appropriately to respond and defend myself, as required by Rule 4.

Rule 4. Arrest Warrant or Summons on a Complaint
Form.
   (1) Warrant. A warrant must:
(A) contain the defendant’s name or, if it is unknown, a name or description by which the defendant can be identified with reasonable certainty;
(B) describe the offense charged in the complaint;
(C) command that the defendant be arrested and brought without unnecessary delay before a magistrate judge or, if none is reasonably available, before a state or local judicial officer; and
be signed by a judge.
    (2) Summons. A summons must be in the same form as a warrant except that it must require the defendant to appear before a magistrate judge at a stated time and place.

Finally Judge Wood threatened me against using my legal right in another case #08 CV 02457, and she recused herself upon my request.  She cannot conduct an impartial trial and must be recused from this case.

    I thank the Court for the opportunity to discuss jury nullification in front of a jury in this court. I look forward to the experience.

Sincerely yours,


Julian Heicklen
Defendant
Counsel Pro Se

CC: Rebecca Mermelstein, Assistant U. S. Attorney, S. D. N. Y., U. S. Courthouse, 300 Quarropas Street, White Plains, NY 10601