36 Rachel Immenu #2
 Jerusalem, Israel 93228
 jph13@psu.edu

December 2, 2012

 William D. Snyder, Chair, Judiciary Committee, 412 House Office Building, 402 South Monroe Street Tallahassee, FL 32399-1300

Ms. Brooke Kennerly, Executive Director, Judicial Qualifications Commission, Room 102, Historic Capitol Building, Tallahassee, FL  32399-6000

Pam Bondi, Florida Attorney General, Office of Attorney General, State of Florida, The Capitol PL-01, Tallahassee, FL 32399-1050

Jerry L. Demings, Sheriff , Orange County Sheriff’s Office, 2500 West Colonial Drive,  Orlando, FL 32804

Captain Nancy DeFerrari, Warden, Orange County Jail Facilities, 823 W Central Blvd Orlando, FL 32805
 

Pamela R. Masters, Clerk of Court, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, FL 32114

Belvin Perry, Jr., Chief Judge, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801

RE:
MARK E. SCHMIDTER, et al.,
Plaintiff(s)

v.

BELVIN PERRY, JR.,
Defendant(s)

IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, ORLANDO DISION
CASE #: 6:12-CV-1102-ORL-31-KRS

Heicklen and Schmidter v. State of Florida
Appellate Case # 5D113036

Re: Ninth Judicial Circuit Court of FL,
 in and for Orange and Osceola Counties
Case # 48–2011–CF–8856–O
Gentle People:   

    I am writing to request that you take legal action action against Chief Judge Belvin Perry, Jr. of the Orange County Court for the following reasons:

    I distributed Fully Informed Jury Association (FIJA) literature at the Orange County Courthouse, deliberately challenging court orders prohibiting the distribution on the sidewalk connecting the parking garage and the courthouse, as well as on most of the courthouse plaza.  As a result I was arrested on August 22, 2011, for contempt of court.  My property was seized by the deputy sheriffs and still has not been returned.

Criminal trial

    On the same day at the arraignment, Chief Judge Belvin Perry, Jr. for Orange County presided.  I exercised my  U. S. Constitution Amendment V right to remain silent.  For this I was punished.

    Judge Perry charged me with contempt of court.  He did not set bail, but confined me to the Orange County Jail for 22 days until he held a bail hearing.  Judge Perry made no effort to provide me with counsel as required by Amendments VI and XIV of the U. S Constitution.  In addition, Article I, Section 16(a) of the Florida Constitution states:

“to have compulsory process for witnesses”
“to confront at trial adverse witnesses”
“to be heard in person, by counsel”
“to have a speedy and public trial by impartial jury”

I was denied all of those rights.  Three summoned jurors appeared to testify, but five others who filed statements with the Court were not called for cross examination.

    My trial was set for September 1, 2011.  Judge Perry, the litigant accuser, presided at the trial and acted as the prosecutor. I acted as counsel pro se.

    Three jurors summoned for other cases and two deputy sheriffs testified. I had no opportunity to confront any of these witnesses prior to trial. 

    None of the witnesses claimed that I had approached them or targeted jurors, because, in fact, I had done neither.  I had stood on the sidewalk and offered pamphlets to any passersby. I could not distinguish potential jurors from anyone else. 

    I was convicted of criminal contempt, even though I was arrested for civil contempt, sentenced to 145 days in jail and fined $200 plus court costs. Then I was returned to jail until my bail hearing on September 10, 2011, where I was released on $12,000 bail pending appeal.

    While in jail, my legal papers were confiscated and destroyed by prison guards on my day of entry.  I was denied access to the law library during my whole stay of 22 days.  Since I was acting as counsel pro se, this made it difficult to prepare a complete defense. Three written requests to Judge Perry for a jury trial were ignored.  Judge Perry claimed that he never received them.

Appellate Court

    An appeal was filed on my behalf within 30 days after the trial by my counsel at that time, Adam Sudbury.  Legal briefs for appellants were submitted both by Counsel Sudbury and myself in June, 2012 (http://www.personal.psu.edu/faculty/j/p/jph13/Orlando_contempt_trial.html). 

    A defense of the conviction was submitted by Judge Perry on September 2, 2011. In his brief, Judge Perry lied three times, thus committing three counts of perjury. See: http://www.personal.psu.edu/faculty/j/p/jph13/Perry_Reply_2_5_11.html and http://www.personal.psu.edu/faculty/j/p/jph13/Order_and_judgment_9_2_11.html

    One lie was that Appellant Heicklen had approached and targeted jurors.  There was no testimony to that effect by recipients of the pamphlets or deputy sheriffs.  Heicklen never approached nor targeted anyone.  He stood on a public sidewalk and offered pamphlets to anyone passing by him.

    The second lie was that a U. S. Circuit Court in Huminski v. Corsones, 396 F. 3d 53 (2004) had upheld a trial court’s decision to ban expressive speech in the court parking lot.  The district trial court found Judge Corsones guilty of violating Huminski’s First Amendment rights.  The Circuit Court of Appeals upheld Huminski’s right, but reversed the decision based on judicial immunity.

    In the third claim, Judge Perry stated that in United States v. Grace, 461 US 171 - 1983, the Supreme Court upheld U. S. Statute 40 U. S. C. § 13k which permits banning pamphleteering on court plazas.  Actually the Supreme Court declared that statute unconstitutional.  Furthermore the Court proclaimed that free speech on court plazas could not be banned by court order.

    Judge Perry knew that he was lying, because he had made these claims in another court decision ((http://www.personal.psu.edu/faculty/j/p/jph13/Perry_Reply_2_5_11.html).  I had written to him at that time pointing out his errors (http://www.personal.psu.edu/faculty/j/p/jph13/Letter_to_Perry_5-17-11.html).

    In his brief, Judge Perry admitted that in the Schmidter trial, he asked: “WHERE DO WE END WITH FREE SPEECH?“  My correct answer is NOWHERE! (U. S. Constitution Amendment I and Florida Constitution, Article I, Section 4).

    The appellate court required a response from the state attorneys representing Appellee Perry file:///Users/julianpheicklen/Desktop/html%20folder/Court_order_for_response_6-8-12.htmll).  No response has been received, nor any request for an extension, from Judge Perry or his counsels.  In fact no further correspondence at all has been received from them. 

    To make sure that I did not overlook or miss anything, I requested in my letter of November 5, 2012 to the appeals court, with copies to all concerned parties, that all correspondence of the Appellee’s counsels with the court should be sent to me by November 20, 2012 (http://www.personal.psu.edu/faculty/j/p/jph13/Request_for_information_11-5-12.html).  No response from any party.

    Obviously, neither the counsels for the Appellee nor the Florida Attorney General are contesting the appeal. Therefore the conviction is automatically overturned.  All the relevant case documents in my possession are posted at: http://www.personal.psu.edu/faculty/j/p/jph13/Orlando_contempt_trial.html.

Requests
1. I request the Florida House of Representatives Judiciary Committee initiate impeachment proceedings against Judge Perry.
2. I request the Judicial Disciplinary Committee to strip Judge Perry of his judgeship and license to practice law.
3. I request the Florida Attorney General to initiate criminal proceedings against Judge Perry for perjury and treason (or at least sedition).
4. I request the Florida Attorney General to remind the Orange County Jail of its duty to keep hands off legal documents, allow all inmates access to the law library, and see that inmate mail to the courthouse is delivered.
5. I request the Sheriff to return all of my confiscated property.
6. I request the appellate court to see that I am reimbursed for:
a. my attorney fee of $5000,
b. filing fee for this appeal,
c. my expenses in the Orange County Jail,
d. bail bondsman fee of $1200,
e. $22,000 for the time spent in jail,
f. and $100, 000 for aggravation and time devoted to fighting this case.


THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

  Thank you for your consideration.

Yours in freedom and justice,

_____________________
Julian Heicklen
Appellant
Counsel  Pro Se
Organizer, Tyranny Fighters

CERTIFICATE OF SERVICE

    Appellant Julian Heicklen certifies that copies of this letter of December 2, 2012,  have been sent by E-mail to the following:

JOHN EDWIN FISHER, ESQUIRE Fisher Rushmer, P.A. jfisher@fisherlawfirm.com

JAMIE BILLOTTE MOSES, ESQUIRE Fisher Rushmer, P.A. jmoses@fisherlawfirm.com

Adam Sudbury
Adam.Sudbury@SudburyLaw.net

Mark Schmidter
mschmidter@gmail.com

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____________________
Julian Heicklen
Appellant
Counsel  Pro Se
Organizer, Tyranny Fighters