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

August 15, 2011

Judge Kimba Wood
S. District Court of Inquisition
Southern District of New York
S. Courthouse
500 Pearl Street
New York, NY 10007

Re: U. S. v. Julian Heicklen: Criminal Case # 10 Crim 1154
 
Dishonorable Judge Wood:

On April 27, 2011, I submitted documents asking for dismissal of the above named case. These documents were withdrawn temporarily as suggested by standby counsel Sabrina Shroff, until we saw the submission of the prosecution.  

The prosecution was given until March 31 to submit discovery. It was not submitted until July 28, 2011, by Assistant U. S. Attorney Rebecca Mermelstein.  It consisted of a cover letter (copy enclosed) which stated that Defendant was interviewed by an undercover agent on June 21, 2011.  Enclosed with the letter was a disc which recorded that conversation about jury nullification.  In the disc, Defendant made the statements: “

“ I do not know what your case is.  Do not tell me. I do not want to know. I will not discuss it.  I could get caught for jury tampering. In fact they are trying to get me for jury tampering.  I am not telling you what to do.  In your case maybe the law should be upheld.”

Of course there was no discussion of his case, because there was no case to discuss.  I gave my standard 20 minute speech about jury nullification, which I have given in public talks at least 9 times.  Everything that I said was true.  The problem is that the judges and federal attorneys are ignorant of the law.  Furthermore, this could not have been the evidence told to the Grand Jury, since the recording occurred 7 months after the indictment was issued.  It cannot even be used for evidence in this case, because it occurred after the case was filed.

The prosecution has committed several violations of law.  These are:
1. Defendant was not notified of the Grand Jury hearing, thus denying him the opportunity to testify, as he is entitled to do.
2. Attorney Mermelstein lied to the Grand Jury that Defendant talked to a juror on a case.
3. Attorney Mermelstein states in her letter of July 28, 2011, that the interview was conducted by an undercover agent.  Thus he could not have been a juror, so jury tampering could not have occurred.
4. In the conversation on the disc, Defendant says that he will not discuss any specific case, because that would be jury tampering.  Defendant was not informed of the case at his request, just so that he could avoid jury tampering.  In any event there was no case to be discussed.


The behavior of the U. S. Attorneys is despicable, extremely despicable.  They used entrapment in an attempt to promulgate a crime.  If the crime had been committed, the undercover agent would have been an accessory to a crime.  They lied to a Grand Jury, thus committing perjury. I am asking you to have Attorneys Bharara and Mermelstein disbarred from practicing law.  We expect law enforcement agents to uphold the law, not to commit crimes. In addition the U. S. Attorneys should be prosecuted.


Finally you have denied me a jury trial in violation of your oath of office to uphold the U. S. Constitution, which states in Article III. Sec. 2: “The Trial of all Crimes, except in Cases of Impeachment, shall be tried by a Jury,...” and in Amendment VI: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury....”  You and your colleagues have destroyed my country by denying jury trials.

I have asked the U. S. House of Representatives Judiciary Committee to initiate impeach proceedings against you. You have violated your oath of office and probably  committed either sedition or treason.  You have disgraced yourself.

 I consider the criminal case against me to be dismissed.  I will not make any more court appearances regarding this case.  
Yours in disgust,


Julian Heicklen
Defendant
Counsel Pro Se



Enclosures
Grand jury indictment of November 16, 2010
Letter of July 28, 2011 from U. S. Assistant Attorney Rebecca Mermelstein
TITLE 18 > PART I > CHAPTER 79 > § 1623.
False declarations before grand jury or court
List of previous statements of judges re jury nullification
Letter of February 22, 2011, to Attorney General Eric Holder
Letter of July 12, 2011, from Georgiana Yeomans
Information of April 27, 2011, sent to Judge Kimba Wood

Courtesy Copies to:
President Barack Obama, The White House, 1600 Pennsylvania Avenue, Washington, DC 20500

Vice President Joseph Biden, The White House, West Wing, 1600 Pennsylvania Avenue, Washington, DC 20500

Attorney General Eric Holder, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001

S. Attorney Breet Bharara, Southern District of New York, One Andrews Plaza, New York, NY 10007

Assistant U. S. Attorney Rebecca Mermelstein, Southern District of New York, U. S. Courthouse, 300 Quarropas Street, White Plains, NY 10601

Chief Justice John Roberts, Supreme Court of the United States,  One First Street N.E., Washington, DC 20543
Speaker John Boehner, United States House of Representatives, Washington, DC 20515.
Congressman Lamar Smith, Chair, U. S. House Judiciary Committee, 2409 Rayburn House Office Building, Washington, DC 20515

Senator Charles Schumer, 322 Hart Senate Office Building, Washington, DC 20510
Senator Kirsten Gillibrand, 478 Russell Senate Office Building, Washington, DC 20510
Senator Frank R. Lautenberg, 324 Hart Senate Office Building, Washington, DC 20510 (202)–224–3224

Senator Robert Menendez, 528 Hart Senate Office building, Washington, DC 20510 (202)–224–4744

Congressman Steve Rothman, U. S. House of Representatives Office Building, Washington, DC 20515

Chief Judge Preska, U. S. District Court, Southern District of New York, U. S. Courthouse, 500 Pearls Street, New York, NY 10007

Sabrina Shroff, Federal Defender’s Office, 52 Duane Street #10, New York, NY 10007–1291
News Editor, The New York Times, 620 Eighth Avenue, New York, NY 10018

Ben Weiser, The New York Times, 620 Eighth Avenue, New York, NY 10018

News Editor, NY Post, 1211 Avenue of the Americas, New York, NY 10036-8790

Co-Anchors Elizabeth Vargas and Chris Cuomo, 20/20, ABC Television, 77 W 66th St # 13, NY 10023
     
Bill Owens, Executive Editor, 60 Minutes, CBS Television Network 51 West 52nd Street, New York, New York

Tyranny Fighters via E-mail without enclosures