734 Rutland Avenue
Teaneck, Nj 07666
February 13, 2012
Judge Kimba Wood
United States District Judge
Southern District of New York
500 Pearl Street, Room 750
New York, NY 10007
Re: U. S. v. Julian
Heicklen 10 Cr. 1154
I have received
your ORDER of February 2, 2012 indicating that discussion of my motions
will be on February 15, 2012. Also I received a copy of the
request by the U. S. Attorney of February 10, 2012 to delay the hearing
until March 19 or 21, 2012. I refuse to accept the delay request
from the U. S. Attorney.
She had the opportunity to respond to my Motions
submitted on November 29, 2011, but chose not to do so, indicating no
objections. She was prepared to discuss the motions on January 9,
2012. The hearing was rescheduled for February 15, 2012, because
of my absence on January 9, 2012, since there was nothing to discuss.
This gave the prosecution even more time.
Obviously the prosecution needs no further time to
prepare for the hearing. The only purpose is to drag this trial
on to keep Defendant under indictment. Amendment VI of the U. S.
Constitution requires that: “In all criminal prosecutions,
the accused shall enjoy the right to a speedy and public
trial,...” The time for a speedy trial varies from
jurisdiction to jurisdiction, but is always no more than 6 months, as
far as I know. In California State courts it is 30 days.
I was indicted on November 10, 2010. It is now
over 15 months since indictment, so already I have been denied my right
to a speedy trial as required by Amendment VI of the U. S.
Constitution. This is not a privilege, it is a right. No
place in the U. S. Constitution is there a requirement that I ask for a
speedy trial. I know that your understanding of the English language is
defective. What that means is that you have failed in your
Therefore, I make the following DEMANDS:
The hearing on the motions be held prior to February 25, 2012. I
expect these motions to be approved, since the prosecution has not
presented any argument to the contrary.
The names and addresses of people that I intend to interview, as stated
in the MOTIONS that I submitted
on November 29, 2011, be provided to me by March 1, 2012, so that the
defense can issue subpoenas.
A list of dates in April, 2012 suitable for the interviews in the
courthouse in the presence of a court reporter and a person who can and
will place the interviewees under oath.
A new master jury list for preparing the jury pool be prepared by the
Clerk of Court prior to March 7, 2012. The current list of
registered voters is not valid for three reasons:
Voters are not representative of the all the people in the jurisdiction.
Specifically, felons are excluded from voting. This violates
Statute 18 U.S.C. § 243, which requires that no person be
disqualified for previous servitude.
It also violates Statute 28 U. S. C. § 1861, “... all
citizens shall have the opportunity to be considered for service on
grand and petit juries in the district courts of the United
The master list should contain the names and addresses of all persons
18 years or older living in New York County. Such a list can be
obtained from the U. S. Postal Service.
A copy of the master jury list must be submitted to the litigants
by March 15, 2012.
I will consider failure to meet any of these
timelines as dismissal of the charges and closure of the case.
Yours in disgust,
Counsel Pro Se
Defendant certifies that copies of this letter have
been sent by certified U. S. mail to:
Pro Se Clerk, U. S. District Court, Southern District of New York, 500
Pearl Street, New York, New York, 10007
Assistant U. S. Attorney, Rebecca Mermelstein, S. D. N. Y., U. S.
Courthouse, 300 Quarropas Street, White Plains, NY 10601
U S. Federal Public Defender Sabrina Shroff, Federal Defenders of New
York, Inc., Southern District, 52 Duane Street–10th Floor, New
York, NY 10007
Copies also sent to Defendant’s Legal Panel via E-mail