734 Rutland Avenue
Teaneck, NJ 07666
January 13, 2011
Pro Se Clerk
U. S. District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: United States v. Julian Heicklen, Cr. 1154
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
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)
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) 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
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
(1) ensuring that the defendant has a copy of the indictment or
(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
(2) every trial stage, including jury impanelment and the re-turn of
the verdict; and
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
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
(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
(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
Counsel Pro Se
CC: Rebecca Mermelstein, Assistant U. S. Attorney, S. D. N. Y., U. S.
Courthouse, 300 Quarropas Street, White Plains, NY 10601