OF FEBRUARY 18, 2011
Very early in the morning (6:00 am according to
Assistant U. S. Attorney Mermelstein) of Friday, February 18, 2011, my
daughter Judy noticed lights flashing on our cars parked across the
street. One Teaneck, NJ police officer rang the doorbell and informed
Judy that someone was trying to break into our cars. She opened the
door to talk with him. Immediately 9 police officers swarmed into the
house. Four were from the Teaneck, NJ police. They held my
daughter hostage downstairs. They would not permit her to return
to her room to dress.
The five police from the Federal Protective Service,
an arm of the Department of Homeland Security, went upstairs and into
the bedroom where my wife and I were sleeping. They surrounded
our bed and then awakened us. They informed me that they had a
warrant for my arrest, and that I was under arrest. I asked them
to identify themselves, but they refused. They ordered me to
dress. I went to the bathroom and clothed myself in a shirt,
underpants, regular pants, sock, and Patakis (the slippers issued to me
when I was a prisoner in Rikers Island).
Again I asked them to identify themselves and
informed them that they were under obligation to do so.
They refused. I repeated my request, but they refused
again. I went limp and fell to the floor. They carried me
downstairs, out the door, put me in a paddy wagon and took me to Holy
Name Hospital in Teaneck, NJ.
At the hospital, I was given a medical exam.
My pulse, temperature, and blood pressure were taken. Blood was
drawn from my left wrist, a finger was poked with a needle for a blood
sugar test. An electro-cardiogram was taken. The doctors
informed the police that I was medically sound and could leave.
Then a strange thing happened. I was not tortured, as was
previously done at 5 other hospitals. Apparently the Department
of Homeland Security has not yet notified small towns like Teaneck that
the hospitals are required to torture patients brought by the
police. Another example of government inefficiency.
At this point, I was handcuffed and placed
horizontal in the paddy wagon for the ride to the U. S. District Court
in Manhattan, NY. Three other police cars accompanied us.
At the federal courthouse, I was placed into a wheel chair and taken to
the police section of the federal building at 500 Pearl Street.
Fingerprints and pictures were taken. Then I was wheeled to a
cell with a toilet. The handcuffs were removed, and I was left
alone. Immediately I urinated to prevent my bladder from bursting.
I was left in the cell for some time. I took a
nap. Then four guards handcuffed me and wheeled me to another
cell in the court facilities. Again I was fingerprinted and
pictures taken. I was moved to a third holding area just outside
the courtroom. After several minutes, I was wheeled into the
courtroom in handcuffs. I lowered my head and did not look at the
judge or anyone else. I refused to speak.
Magistrate Judge Ellis presided over the
hearing. Rebecca Mermelstein was the Assistant U. S. Attorney,
who was the prosecutor representing the U. S. Government. Judge
Ellis appointed Sabrina Shroff from the public defenders office of the
U. S. government as my stand-by counsel.
Prosecutor Mermelstein informed the court that I had
missed many previous appearances. She stated that I had
influenced another juror on a case in which I was a juror, and
influenced jurors in other cases. She asked that I be held in
Ms. Shroff wanted to intervene on my behalf.
Judge Ellis asked if this was acceptable to me. I spoke for the
first time, since I fell to the floor in my home. I asked to
speak with Ms. Shroff privately before I made a decision. I was
wheeled out of the court room, still in handcuffs, to a cell where Ms.
Shroff and I spoke. She advised me that I should accept whatever
terms that would get me released.
We returned to the courtroom where I stated that I
did not appear at my court appearance date, because the Court would not
guarantee a jury trial, as I had requested and because the deadline set
for a speedy trial, as set by the court rules, had passed. Ms.
Mermelstein informed the judge that the charges against me had a
maximum prison time penalty of 6 months, so I was not entitled to a
The Sixth Amendment to the U. S. Constitution
states, in part: “In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial by an impartial jury
...” Why is it that lawyers, who do not understand English,
are allowed to participate in legal matters? They do not
understand what the words “all” and “speedy”
mean. The federal court rules state that “speedy”
means within 70 days. How come lawyers cannot count to 70?
Legal matters, in particular, require an understanding of English and
addition. (This paragraph did not occur in court. It is my
editorial opinion added after the fact.)
I gave Judge Ellis a lecture. I said that
Attorney Shroff said that he was a fair judge. I informed him
that Ms. Mermelstein had committed perjury twice. I was not a
juror on any case in this court and could not have been a juror,
because I do not reside in the jurisdiction of the Second Circuit,
which includes NY City. I am not even on the potential juror
list. Furthermore I stated that I had never served on a
jury. I asked him if he would ever let me sit on a jury, and he
stated he would not. I informed him that neither would any other
I asked him to charge Ms Mermelstein with
perjury. He refused. I replied that settles that
evaluation. I accused him of violating my rights under the First,
Fourth, Fifth, and Sixth Amendments to the U. S. Constitution.
Furthermore I reminded him that I had asked that Judge Wood, who is the
judge appointed to the case, be recused because she had threatened me
for exercising my legal rights in a previous case, from which she was
Judge Ellis said that he did not have the authority
to do anything but set my release conditions or lack thereof. He
said that there were four possibilities:
Hold me in prison with no bail
Set bail for my release
Release me under bond for failure to appear at future court appearances
Release me unconditionally.
He decide to release me under bond. The prosecuting attorney
requested that the bond be for $10,000. My stand-by counsel
argued for $1,000. Judge Ellis set the bond for $2500.00 to be
paid if I failed to appear at court appearances on Thursday, February
24, 2011 in Newark, NJ and on Friday, February 25, 2011 in Manhattan.
The court gave me the copies of documents relating
to my case which Ms. Mermelstein, but not I, had received. I
signed the bond and was released at 6:45 pm. I arrived home at
8:00 pm, at which point my wife and daughter noticed a hole that the
police had made in my pants.
My daughter Judy gives her story:
This morning the Teaneck Police knocked on the door
about 6:15. They told me that someone had broken into our car
parked on the street (a lie) so I opened the door. Five agents
from the Federal Protective Service (DHS markings on their coats)
barged in and demanded to see Julian Heicklen. They had a warrant
(which they did not show me, but they did show him) and they went up to
his bedroom to wake him.
Special Agent Badge 27 and the four Teaneck Police
officers (Detective Hayes, Officer Caruso, Officer Ortiz, and Detective
Fisco) detained me downstairs so I don’t know exactly what
happened upstairs, but my understanding is that he was cooperative
(e.g. got dressed, etc…) until they refused to tell him their
names and badges, at which point he fell to the floor. They
called the ambulance and four medical attendants carted him off about
The warrant was for jury tampering and was issued by
the Southern District of NY. I believe he was taken to Holy Name
hospital in Teaneck, to be transferred to 500 Pearl Street in Manhattan
My wife Susan gives this story
She coninually called the court throughout the
day. She reports this timeline:
1:35 pm: Janice informed her that I was in pre-trial.
2:45 pm: Jim told her that I was about to go into the courtroom
now. Call back in 45 minuted.
3:30 pm: Doing the case now. Call back in 25 minutes.
3:53 pm: Vinny told her that I had not seen the judge yet. Court
stays in session until 5:00 pm.
4:26 pm: Gilbert says that I am seeing the judge.
4:55 Jim told her that I am seeing the judge.
5:25 pm: Court told her that I am being released on bond.
6:07 pm: I have been released.
“The Grand Jury charges:
From at least in or about October 2009 up to and
including in or about May 2010, in the southern District of New York,
Julian Heicklen, the defendant, attempted to influence the actions and
decisions of a grand and petit juror of a court of the United States,
to wit, the United States District Court for the Southern District of
New York, upon an issue and matter pending before such juror, and
before a jury of which he was a member, and pertianing to his duties,
by writing and sending him a written communication in relation to such
an issue or matter, to wit, HEICKLEN distributed pamphlets urging jury
nullification, immediately in front of an entrance to the United States
District Court for the Southern District of New York, located at 500
Pearl Street, New York, New York.”
Signed by Breet Bharara, United States
Attorney. Of course, the U. S. Attorney committed perjury.
I could not possibly have been a juror in the U. S. District Court for
the Southern District of NY, because I do not live in its
jurisdiction. My name cannot even be on the eligible juror list.
I never knowingly sent any juror a written
communication, because I do not know who was juror , or even what
trials were in progress, except for my own. I suppose that the U.
S. Attorney will get someone to lie and say he received such a
communication by promising him a reduced sentence. That is why it
is important that I have witnesses at the hearing.
My court appearance at which I have agreed to appear
are at the:
U. S. District Court, Martin Luther King, Jr. Federal Building and
United States Courthouse , 50 Walnut Street, Room 4015, Newark NJ 07102
Telephone: 973-645-3730 at 10:00 am on Thursday, February 24, 2011.
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street, Room 120, New York NY 10007-1312.
Telephone: 212-805-0136 at 10:00 am on Friday, January 25, 2011.
I would appreciate it if as many of you that can
appear at the hearings, so that I can have witnesses to counter the
court lies. The courtrooms have not been assigned, so that the
room number given above are for the Clerks’ offices. Also a
demonstration outside the courthouses would be useful to generate
Yours in freedom and justice—Julian