by Julian Heicklen
Professor Emeritus of Chemistry
Penn State University
We are engaged in a struggle for the soul of America. I believe that it is immoral to arrest someone for owning a vegetable. The issue is not smoking marijuana. I do not use or support the use of marijuana. The issue is whether we are going to live in freedom or in tyranny. Competent adults should be allowed to make their own decisions. Today the lighted marijuana weed is the torch of liberty.
 
A series of "Marijuana Smoke Outs" was held to protest the injustice of arresting people for pursuing happiness by using recreational drugs. These smoke outs were supported by the Centre County Libertarian Party and Smart on Crime, a citizen's lobby to reduce the prison population. The National Organization for the Reform of Marijuana Laws (NORML) is providing free legal counsel.
 
 
Marijauana Smoke Out News   April - May 1998
Marijuana Smoke Out News  July 1998
Marijuana Smoke Out News    Bellefonte, PA
 
  Marijuana Smoke Outs January - March 1998
LIGHT THE TORCH OF FREEDOM
Marijuana Smoke Out of January 15, 1998 Marijuana Smoke Out February 26, 1998
Marijuana Smoke Out of January 29, 1998 February 26, 1998    Speech By Ken Krawchuk - Libertarian Candidate for Governor of Pennsylvania 
Marijuana Smoke Out of February 5, 1998 Marijuana Smoke Out of March 5, 1998
Marijuana Smoke Out of February 12, 1998 Marijuana Smoke Out of March 19, 1998
Marijuana Smoke Out of February 19, 1998 Marijuana Smoke Out of March 26, 1998
 
 

Smoke Out of January 15, 1998          

After informing a group of about 50 people of what I intended to do and why, I (Julian Heicklen) smoked a marijuana cigarette at the corner of College Avenue and Allen Street in University Park, PA in front of the main gate of Penn State University at noon. TV and press coverage was good. WJAC/TV was there, as was The Daily Collegian and the Centre Daily Times, among others. An anonymous call at 12:17 PM informed the campus police of my activity. At about 12:50 PM, campus police arrived and tried to question me. I gave my name and address, but refused to give any other information. The police informed me that I had committed a misdemeanor, but that no citation or arrest would be made. That ended the day's activities.

The police later informed the press that no arrest was made, because there was no smell of marijuana smoke, so there was no reason to believe that a crime was committed. Furthermore, it would not be in the public interest to arrest me. Some students wrote to University President Graham Spanier asking the University to take disciplinary action against me. The University Public Information Officer reported that no disciplinary action would be taken, because I was retired and not arrested.

Smoke Out of January 29, 1998 

The Smoke Out was repeated on January 29, 1998, at the same location and time. About 100 people were present. Press coverage was much greater. While I was smoking, a man approached me at about 12:20 PM, flashed his wallet, and said that he wanted to talk with me. I turned away, whereupon he grabbed my hand and stole my smoke. He said in a threatening voice that I would hear from him, and he left. This whole event was videotaped. Someone gave me another marijuana cigarette to smoke, which I did

The following day, I read in the Centre Daily Times that the mugger was Penn State Police Supervisor Ron Shrevler. He did not identify himself at the time of the mugging. No search warrant was produced. No citation or arrest was made. It was a plain and simple mugging. I wrote to Centre County District Attorney, Ray Gricar, and asked that he prosecute Mr. Shrevler for assault and theft. Likewise I wrote to University President Spanier to point out that it was not in the University's best interest for campus police to mug faculty members. I asked that Mr. Shrevler's employment with the University be terminated.

About two days later, the campus police informed the press that a laboratory test showed that my confiscated cigarette did not contain tetrahydrocannabinol (THC), the main psychoactive ingredient in marijuana, and that I was not really smoking a marijuana cigarette. No crime was committed and no further action would be taken.

Smoke Out of February 5, 1998 

On February 5, 1998, another smoke out occurred at the same place. When I arrived at noon, there was a crowd of about 200 people, including a number from the press. In the front line of the crowd was a uniformed campus police officer. I addressed the crowd and announced that today others would join me in the smoke out. I produced my marijuana cigarette. The campus police officer moved right next to me. He waited patiently until I had the cigarette lit and had taken a couple of puffs. Then he asked me for the cigarette. I did not respond. He informed me that if I did not give him the cigarette, it could not be tested, and my political cause would not be promoted. I did not respond. He announced that was all for today and left.

About 7 people joined me in the smoke out. I traded joints with 4 or 5 of those people and took several puffs from each of their joints, as they did of mine. The smoke out ended at about 12:40 PM.

The story was reported by almost all of the local media and carried by the Associated Press Wire Service. It was a front-page story in the February 6 edition of the Harrisburg Patriot. It appeared in the February 6 edition of the Baltimore Sun and the February 8 edition of the Pittsburgh Post Gazette. It was a lead story in the February 5 edition of the Internet Marijuana News.

Smoke Out of February 12, 1998 

The Smoke out of February 12, 1998, was held on the other side of College Avenue in front of the restaurant known as the Corner Room. About 280 people were present, and we had a microphone and loud speaker to address the crowd. Several people, including marijuana activist Alan Gordon, joined me in smoking marijuana. Again I exchanged joints with about 3 other smokers.

At about 12:15 PM, Police Officer Noel of the State College Police approached me and took my joint, which already was a traded one. Officer Noel was in uniform with a badge and name tag. However, he did not introduce himself, present a search warrant, or cite or arrest any smokers. Other officers confiscated joints of other smokers and took their names and addresses.

After that was done, the police officers directed traffic, stayed in the crowd, and answered questions. When the crowd overflowed into the street, Officer Robb asked us to move back to the campus side of College Avenue, where there was more room, so as not to impede traffic. We complied with his request.

News media attention was more extensive than previously. In addition to local media, I was contacted by the Associated Press, the Pittsburgh Post Gazette, the Internet Marijuana News, and radio stations WFBG in Altoona, WKRL in Syracuse, WEGR in Memphis, WPHT in Philadelphia, KRRF in Denver, WRMA in Scranton-Wilkes Barre, and WRCX in Chicago.

Smoke Out of February 19, 1998 

Hello! Thanks for coming out. Last week I announced that I would file charges against Police Officer Robert Noel for an illegal seizure. I have not done so, because I have become satisfied that the seizure was proper. He was in uniform. His name and badge were clearly visible on his uniform. Charges were filed.

The State College Police acted properly. They were helpful in directing traffic. During the week, Officer Noel contacted me twice to keep me abreast of events. All of our interactions were quite civil, as they should be. I think we can be proud of the way the police conducted themselves. I would like to give Officers Noel and Robb and the State College Police a round of applause. I hope that you will join me.

I will not be smoking today, and request that none of you do so. Our goal was to get into the courts. We have met that goal. Five of us soon will receive notices of our arrest. Our aim is not to break the anti-marijuana laws, but to nullify them.

Hopefully, we shall now proceed through trials. If we receive fair, impartial, and speedy trials by a jury of our peers, we shall proceed by that route. If not, we will consider other alternatives.

In the meantime, we will continue the Thursday noon seminars at College and Allen, but without smoking. It is necessary to continue them to show that our movement is alive and active. Your presence is necessary. It demonstrates support for the arrestees and acts as protection for them. The larger the crowd, the more protected they are.

There was one unfortunate occurrence as a result of last week's events. Ken Keltner, one of the arrestees is a student in the State College Area High School. He is in the Delta Program, which has an open lunch hour. Students are permitted to leave the school property during their lunch hour, which is what Ken did to participate in the Smoke Out.

Kathleen Kelly, Director of the Delta Program, approached Ken at about 11:30 on Friday, February 13, 1998, and showed him a newspaper clipping that reported his arrest. She said that Ken was in violation of the school drug and alcohol policy, which forbids drug or alcohol use by students during school hours. She suspended him for 3 days on the spot without a hearing. She accompanied him to his locker. He got his books and went home. He was told not to return to school until Wednesday, February 18, 1998. Ken called the school at 1:00 PM on Friday, February 13, 1998, to ask for an appeal. Ms. Kelly denied him an appeal.

On Wednesday, February 18, 1998, after the suspension period was over, Ken received a letter in the mail notifying him of the suspension. In order to remain in the program, Ken was informed that within 10 days he must have an assessment by a licensed drug and alcohol facility and that he must comply with the recommendations of that facility.

The public schools have a right to make and enforce regulations on school property. They have an obligation to protect minors that are under their care. However, they do not have the right to regulate the behavior of adults that are not on school property. Ken Keltner is 18 years old and is an adult. He was not on school property and violated no school regulation by being off the school property during his lunch hour. He was suspended without a hearing based on a newspaper report. He was denied the right of appeal.

The public schools are not law enforcement agencies, nor are they instruments of social policy. Their job is education. What they did in this case was to deny Mr. Keltner 3 days of education, which it is their obligation to provide, so that they could act as a law enforcement agency, which is not their function. This is a classic example of a police state in operation. Not only is it oppressive, but it loses sight of the interests of those it was meant to serve.

This is the tyranny that our movement is trying to end. On Sunday, February 15, 1998, I made separate telephone calls to Connie Martin, Chair of the State College Area School District, and two other School Board members, Sue Werner and Donna Queeney. I discussed this matter with them and advised them that if they would rescind the suspension, I would let the matter die quietly. All three of them informed me that the School Board did not have the authority to rescind an administrative decision. Imagine that!

Then I called School Superintendent Bill Opdenhoff and repeated my comments. He said that he would look into the matter. However the suspension was not rescinded.

We are in the midst of a national nightmare. The struggle to recover our moral compass will be long and difficult. With your help and support, we will succeed.

Smoke Out of February 26, 1998        

Hello! Thanks for being here. Let me bring you up- to-date.

Ken Keltner, the high-school senior that was arrested for participating in the Smoke Out of February 12, 1998, was suspended from school for 3 days. Through his attorney, Joe Devecka, he has filed a lawsuit in federal court against the State College Area School District. The suit, filed on February 24, 1998, asked for $10,001.

Alan Gordon, one of the arrestees on February 12, 1998, was taken into custody at 1:30 PM on February 19, 1998. He was released on bail at 2:05 PM on February 24, 1998. He has been charged with possession of marijuana, possession of marijuana paraphernalia, manufacture of marijuana with intent to deliver, and three bad checks.

The other four arrestees were charged with possession of a small amount of marijuana. Their preliminary hearings were set for March 25, 1998. Andy Burke requested that his preliminary hearing be changed to March 4, and his request was granted. I hope that you will attend his hearing next Wednesday afternoon at the Courthouse in Bellefonte to show your support. I also requested a March 4 date for my preliminary hearing, but the Court Administrator reset the date at March 18. I believe that this is too long a delay and have appealed that decision. Andy Burke and I each will be representing ourselves. In addition, I will act as Andy's co-counsel. Legal arrangements for the other arrestees have not been decided, as far as I know.

Today I will not be smoking marijuana, and I urge you not to do so either. We will meet again next Thursday. A decision about smoking next Thursday will be made Wednesday evening, after Andy's preliminary hearing. In two weeks, we will not have a smoke out because of the spring break at the University.

Now let me tell you what is happening elsewhere in our country. Senator Orin Hatch, Chairman of the Senate Judiciary Committee, and 28 Senate co-sponsors have introduced Bill S. 3 that mandates that a person convicted of bringing into the United States "100 usual dosage amounts" of several illicit substancesÑincluding two ounces of marijuanaÑbe sentenced to life without parole for a first offense and death for a second offense. Speaker of the House Newt Gingrich and 37 House co- sponsors have introduced Bill H. R. 41 with the identical provision. On May 8, 1997, Speaker Gingrich said: "If you sell it, we're going to kill you."

In Mississippi, a bill dubbed "Smoke a Joint, Lose a Limb" would punish marijuana smokers by amputating an arm or a leg. The legislation, submitted in January by Republican State Representative Bobby Moak, provides that the convicted person and the court "must agree on which body part shall be removed."

In Kansas, a coalition of 38 Republican state legislators wants to impose life terms without parole for people convicted of growing marijuana plants -- even though first-degree murderers can be paroled after 25 years.

Congressman John Linder (R-GA), Chairman of the National Republican Campaign Committee, has proposed that drug users be quarantined at abandoned military bases so they don't "infect" others.

Tyranny has encompassed the land. Fortunately, there is a political party that can restore freedom, if you will it. That party is the Libertarian Party. One if its freedom planks is to repeal all drug laws.

We are fortunate today to have with us Ken Krawchuk, the Libertarian Party candidate for Governor of Pennsylvania. With your help, he will be the next Governor of the Commonwealth. He will work to return to you the right to own your own body and your own property. Please join with me in welcoming a man who believes in America and the Bill of Rights, your next Governor, Ken Krawchuk.

This is the text of the speech delivered by Ken Krawchuk, the endorsed Libertarian candidate for Governor of Pennsylvania, at State College, PA on February 26, 1998

Hi. My name is Ken Krawchuk, and I'm the endorsed Libertarian candidate for governor of Pennsylvania this year. Thanks for coming out.

You know, a lot of people warned me that I shouldn't come here today. They told me I'd be crazy to come within a hundred miles of this place.

Why do they think I shouldn't be here? Because Professor Heicklen is here. They warned me that no governor candidate would want to be caught dead sharing a stage with a man who openly smokes pot.

But I'm here anyway. Why? Because while I may be a candidate for governor, I'm not just any candidate for governor... I'm the Libertarian candidate for governor. Do you know what that means, to be a Libertarian, to be a member of the third- largest political party in Pennsylvania and the nation?

It means that I'm not just another politician. The Libertarian Party is the party of principle. And what principle is that?

As a Libertarian, I believe that your life is yours, that your property is yours. I believe that you have the God-given, inalienable right to live your life as you see fit, without government interference, provided only that you respect the rights and property of your neighbors.

I ask you: Is our government respecting Professor Heicklen's right to live his own life his own way? Of course not.

They've arrested him, him and several others. And for what crime? For possession of a plant, of all things. It's not even a dangerous plant, but they've arrested him anyway.

And that's not the worst of it. Using their insane drug laws, they can strip him naked. They can take away his house, his car, everything he owns, all for a plant.

Hang on, because that's not all. Not only can they take away everything he owns... they don't even have to convict him in a court of law.

Under their crazy drug laws, he could walk out of court a free man, but a free man robbed of every cent he has. They call it asset forfeiture. Libertarians call it highway robbery.

Ask yourself: Who's the bad guy here -- the person who minds his own business or the person who steals all his property under the pretense of justice?

Who's the bad guy here -- the guy who sits in his room smoking a joint, or the guy who breaks down his door without provocation and drags him away to jail?

Who's the bad guy here -- Professor Heicklen who's hasn't hurt a soul, or the politicians who persecute him for exercising his God-given right to keep and bear plants?

These are your drug laws, made by your elected leaders. Do you think these laws are fair? Of course not. No sane person would.

Professor Heicklen is a very brave man, a true patriot. And don't scoff at the word. A patriot isn't something that came and went in 1776 never more to be seen.

A patriot is anyone who stands up for liberty against the entire world, if he must. And that's just what Professor Heicklen is doing.

And that's why I've come here today, in spite of any warnings. I'm here to stand witness before you all, to tell you that the Libertarian Party is proud of our latter day patriot, to say that we Libertarians stand behind Professor Heicklen 100%. We support him in his civil disobedience and believe in his legal defense of jury nullification.

I'm here to echo his message that the drug laws are ruining our country. The drug laws have done nothing but make a bad situation much worse.

But what can you do about it, you personally? It's obvious what to do. Vote Libertarian. Vote for the party of principle. Register to vote as a Libertarian.

You might even become a latter day patriot yourself, if the spirit moves you, by running for office as a Libertarian.

But if you do nothing, nothing will change.

Remember the motto of the grass roots activist. It's easy to remember, ten short words of two letters each: If it is to be, it is up to me.

And it's all now up to you. Let's not let Professor Heicklen stand alone. I certainly won't.

Thank you, and good day.

Smoke Out of March 5, 1998 

Hello! Thanks for coming out. Two weeks ago I announced that I would not smoke a marijuana cigarette if I could obtain a fair, impartial, and speedy trial before a jury of my peers. Five of us had been arrested, and our preliminary hearings were scheduled for March 25, 1998.

Andrew Burke and I requested that our preliminary hearings be moved to March 4, 1998. Andy's request was granted, but my preliminary hearing was moved to March 18, 1998. I appealed my hearing date on the grounds that my 6th Amendment right to a speedy trial was being violated.

I wrote to the Court Administrator, Maxine Ishler, on February 24, 1998, indicating that I was available on February 25, 1998, after 2:00 PM; on February 26, 1998, after 2:30 PM; all day on February 27 or March 2 or 3, 1998; on March 4, 1998, after 2:00 PM; and on March 5, 1998, after 2:30 PM.

I wrote that I would appreciate being assigned a specific time of day (within 15 minutes). I will be accompanied by a video camera man and my own court stenographer, both of whom I will be paying by the hour. In addition, it is likely that many spectators and press people will be present in the courtroom. Therefore it would be a courtesy to the others that have preliminary hearings that day, if mine was scheduled late in the day.

In a letter of February 27, 1998, Ms. Ishler informed me that the date of my preliminary hearing would remain at March 18, 1998. All preliminary hearings are scheduled for 1:00. Rule 27 of the Pennsylvania Criminal rules of Court prohibits cameras in the Courtroom.

On March 2, 1998, Andy Burke called the Court Administrator to find the exact time of his hearing on March 4, 1998. He was informed that his hearing was not rescheduled for March 4, but would be held on March 25. He received no other notice of the shift back to March 25. Had he not called the Court Administrator, he would have appeared on March 4 for nothing. Furthermore Andy and I were notified that the earliest possible date for the pretrial conference was May 26, 1998.

Clearly we are being denied speedy trials. When I was arrested in California, the prosecutor could not prepare for trial within 30 days, so the judge dismissed the complaint.

The prohibition on cameras in the courtroom denies us the right to a fair trial. It means that we will have no visual record to present on appeal.

The procedure of assigning everyone a time of 1:00 PM for his or her hearing indicates that the Court already considers us criminals undeserving of common courtesy. Some of the defendants will have to wait until 4:00 or 4:30 before their cases are called. This indicates that we will not receive an impartial trial.

The Centre County Court of Common Pleas does not comply with the U.S. Constitution. Therefore, we must take our protest into the streets. Smoke at will!

I ask that no-one under 18 years old smoke marijuana. We appreciate your support, but if minors smoke, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy, jury trial.

If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence. Thank you for your cooperation

About 150 people were present. Heicklen and several others smoked marijuana cigarettes. However all of the joints were smoked before the campus police arrived. There were no arrests.

Charlie Miller made the first purchase of the Smart on Crime video of the first 6 Marijuana Smoke Outs. He handed a $20 check to Heicklen. Heicklen thanked The Daily Collegian for its supportive editorial of March 5, 1998.

Heicklen gave a pop quiz on the Bill of Rights, which he had assigned as homework reading at the previous Smoke Out. The assignment for the next Smoke Out (scheduled for March 19, 1998) was to read the Declaration of Independence.

Ken Krawchuk, the Libertarian Party candidate for Governor of Pennsylvania, will attend the Smoke Out of March 19, 1998.

The gorilla from WKPS (the student radio station) appeared at the Smoke Out for the first time. Also three anti-drug demonstrators appeared with signs. We welcomed them, and all behavior was civilized.

Smoke Out of March 19, 1998 

Hello! Thanks for coming out. The preliminary hearing of Alan Gordon was held on March 11, 1998. My preliminary hearing was scheduled for March 18, 1998, at 1:00 PM. I delivered Meals on Wheels from 10:30 AM to 12:30 PM on that day. Then I rushed from State College to the Courthouse in Bellefonte to be on time for my preliminary hearing. I had no lunch.

District Justice Alan Sinclair appeared at 1:20 PM. He did not introduce himself nor apologize for his tardiness. He proceeded with another case, which lasted until about 3:00 PM. This is the rudeness and arrogance of tyranny.

I left the courtroom at 1:25 PM, and returned to State College. Magistrate Sinclair issued a bench warrant for my arrest at about 3:00 PM. Three police officers arrested me at my home at 4:21 PM and brought me before District Magistrate Carmen Prestia at 4:35 PM. He rescheduled my preliminary hearing for 1:00 PM on March 25, 1998, and released me on my own recognizance.

We will continue our Smoke Outs and make our case in the streets. I ask that no-one under 18 years old smoke marijuana. We appreciate your support, but if minors smoke, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy, jury trial.

If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence. Thank you for your cooperation.

Your assignment for this week was to read the Declaration of Independence. I would like to quote a few lines from that document.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.ÑThat to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,ÑThat whenever any Form of Government becomes destructive of these ends, it is the Right of the people to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

None of the branches of our present government will protect our rights. My friends, the time has come for revolution. We are fortunate that this country has a political party to lead this revolution. That party is the Libertarian Party, the Party of Freedom.

Today we have with us the leader of that Party in Pennsylvania. Sitting next to me is Ken Krawchuk, the Libertarian Party candidate for Governor of Pennsylvania. Ken believes in freedom and the Bill of Rights. With your help, he will be the next Governor of Pennsylvania. He has promised to commute the prison sentences of all those convicted of non-violent drug offenses. He is here today to bear witness with us. It is my pleasure and honor to welcome the next Governor of Pennsylvania, Ken Krawchuk.

Smoke Out of March 26, 1998 

About 200 people participated. Present were campus police and anti-drug legalization protesters. A lively discussion followed Heicklen's opening remarks given below. Police confiscated a lit marijuana joint from Heicklen, but not from two other smokers, who swallowed their joints. The demonstration lasted about 1-1/4 hours.

Hello! Thanks for coming out. Preliminary hearings were held for Julian Heicklen, Andrew Burke, Ken Keltner, and Jennifer Corbett on March 25, 1998.

The preliminary hearings were scheduled for 1:00 PM. At 1:00 PM, another preliminary hearing was in progress with District Magistrate Bradley Lunsford presiding. This hearing concluded at 1:17 PM, and Magistrate Lunsford left the courtroom. The bench remained empty until 1:25 when District Magistrate Alan Sinclair appeared. He called Heicklen's case at 1:27 PM. The hearing started at 1:30 PM.

Mr. Sinclair did not introduce himself. He did not explain nor apologize for the tardiness. He asked the Commonwealth to proceed. At this point Heicklen interrupted and asked for introductions. Heicklen introduced himself, stated that he would act as his own counsel, and introduced his court stenographer, Sue Patterson. Magistrate Sinclair introduced himself, and asked the Commonwealth to introduce itself. The Assistant District Attorney trying the case, Tony Deboef, refused to do so. Magistrate Sinclair asked him again to introduce himself, which he then did.

At this point I asked the Magistrate to recuse himself, because he had made a false arrest of me the previous week, and could not conduct a fair trial. He denied my motion. I then read the following statement into the record:

"A citation for my arrest was issued on February 13, 1998, for possession of a small amount of marijuana on February 12, 1998. My preliminary hearing was scheduled for March 25, 1998.

I requested that my preliminary hearing be moved to March 4, 1998. It was moved to March 18, 1998. I appealed that hearing date on the grounds that my 6th Amendment right to a speedy trial was being violated.

I wrote to the Court Administrator, Maxine Ishler, on February 24, 1998, indicating that I was available on February 25, 1998, after 2:00 PM; on February 26, 1998, after 2:30 PM; all day on February 27 or March 2 or 3, 1998; on March 4, 1998, after 2:00 PM; and on March 5, 1998, after 2:30 PM.

I wrote that I would appreciate being assigned a specific time of day (within 15 minutes). I will be accompanied by a video camera man and my own court stenographer, both of whom I will be paying by the hour. In addition, it is likely that many spectators and press people will be present in the courtroom. Therefore it would be a courtesy to the others that have preliminary hearings that day, if mine was scheduled late in the day.

In a letter of February 27, 1998, Ms. Ishler informed me that the date of my preliminary hearing would remain at March 18, 1998. All preliminary hearings are scheduled for 1:00. Rule 27 of the Pennsylvania Criminal rules of Court prohibit cameras in the Courtroom. I was notified that the earliest possible date for the pretrial conference was May 26, 1998.

I appeared in Court at 1:00 PM on March 18, 1998. The District Justice appeared at 1:20 PM. He did not introduce himself nor apologize for his tardiness. He did not request nor announce a delay in my case. He proceeded with another case, which lasted until about 3:00 PM.

Any reasonable person would conclude that my case had been dismissed. I left the courtroom at 1:25 PM, and returned to State College. Magistrate Sinclair issued a bench warrant for my arrest for failure to appear at about 3:00 PM. Three police officers arrested me at my home at 4:21 PM and brought me before District Magistrate Carmen Prestia at 4:35 PM. He rescheduled my preliminary hearing for 1:00 PM on March 25, 1998, and released me on my own recognizance.

I have been denied a speedy trial. When I was arrested in California, the prosecutor could not prepare for trial within 30 days, so the judge dismissed the complaint.

The prohibition on cameras in the courtroom denies me the right to a fair trial. It means that I will have no visual record to present on appeal.

The procedure of assigning everyone a time of 1:00 PM for his or her hearing indicates that the Court already considers defendants undeserving of common courtesy. Some of the defendants will have to wait until 4:00 or 4:30 before their cases are called. In my case, I was paying a court stenographer by the hour. Thus any delay incurs an unnecessary expense to my defense. This indicates that I will not receive an impartial trial.

The arrest for failure to appear was a false arrest. It is a form of harassment that the Court uses to intimidate defendants. It also indicates that I will not receive an impartial trial.

When the District Magistrate failed to appear and try my case, it was tantamount to dismissal. Now I have been falsely re-arrested and required to stand trial again for the same crime. This violates the U. S. Constitution's 5th Amendment protection against being twice put in jeopardy for the same crime.

Because I have been denied a fair, impartial, and speedy trial, and have been twice put in jeopardy for the same crime, I am requesting that my case be dismissed and charges dropped."

Magistrate Sinclair denied my motion. I then read the following statement into the record:

"The 5th Amendment to the U. S. Constitution requires that, in order to hold a federal criminal trial, the defendant must be indicted by a grand jury. The crime that I have been accused of is both a federal and state crime.

If I had been arrested by federal agents, rather than by the local police, I would have been entitled to a grand jury indictment. It makes no sense that the procedure for a fair trial depends on who happens to make the arrest.

Therefore I am requesting that a grand jury be convened to determine if I should be indicted. I am entitled to a public trial. Therefore, I request that the grand jury proceedings be public, and that I be allowed to address that grand jury before an indictment is issued."

Magistrate Sinclair denied my motion. The prosecution called two witnesses: First Robert Noel testified. He was the uniformed officer that seized my marijuana cigarette and issued the citation. Second Detective William Wagner testified. He was in plain clothes at the Marijuana Smoke Out of February 12, 1998. Both officers are with the State College Police Department.

Heicklen sat mute throughout the rest of the trial. He did not cross-examine any witnesses nor call witnesses of his own. Neither the Assistant District Attorney nor Heicklen made closing statements.

Magistrate Sinclair took a 2-minute recess. Then, at 1:48 PM, he bound Heicklen over for trial . He issued two forms for Heicklen to sign, but Heicklen refused to do so. One of these was a Waiver of Court Arraignment. The other notified Heicklen that his arraignment was scheduled for April 20, 1988, at 1:00 PM; his pre-trial conference, for May 26, 1998, at 8:00 AM; and jury selection, for June 8, 1988, at 8:30 AM.

Andrew Burke had his preliminary hearing on March 25, 1998. When called, he introduced Julian Heicklen and himself as co-counsels. The prosecutor, Assistant District Attorney Tony Deboef, objected on the grounds that Heicklen was not an attorney. The Magistrate sustained the objection, whereupon Mr. Burke said that he would not proceed. Since Heicklen was not going to participate that day, it was agreed to proceed and settle the matter of counsel later.

Mr. Burke tried to read his statement into the record, but the magistrate stopped him. Later in the hearing, when Mr. Burke was making his closing statement, he entered his statements into the record. His statements were similar to the ones made by Heicklen at his preliminary hearing, but with omissions that did not apply, and with some additions.

During the testimony part of the hearing, the same two officers testified that did so at Heicklen's hearing. However, unlike Heicklen at his hearing, Mr. Burke cross-examined both witnesses.

In his opening statement (which was interrupted and concluded after the testimony of the Police officers) , Mr. Burke apologized to the other defendants and their attorneys that the court was wasting their time on our cases, when it had real criminal cases to consider.

A citation for Mr. Burke's arrest was issued on February 13, 1998, for possession of a small amount of marijuana on February 12, 1998. His preliminary hearing was scheduled for March 25, 1998

Mr. Burke said that he had requested that his preliminary hearing be moved to March 4, 1998. His request was granted. On March 2, 1998, Mr. Burke called the Court Administrator to find the exact time of his hearing on March 4, 1998. This was important, because he had hired a court stenographer, who is being paid by the hour. He was informed that his hearing was not rescheduled for March 4, but would be held on March 25. He received no other notice of the shift back to March 25. Had he not called the Court Administrator, he would have appeared on March 4 for nothing and had to pay the stenographer. Furthermore Mr. Burke was notified that the earliest possible date for the pretrial conference was May 26, 1998.

In a letter of February 27, 1998, Ms. Ishler informed Heicklen that all preliminary hearings are scheduled for 1:00. Rule 27 of the Pennsylvania Criminal rules of Court prohibit cameras in the Courtroom.

Mr. Burke has been denied a speedy trial. This imposes a particular hardship on him, because after the University semester is completed, he will move back to his mother's home in West Virginia. For him to have court proceedings during the summer will place an unnecessary and unfair burden on him.

The prohibition on cameras in the courtroom denies Mr. Burke the right to a fair trial. It means that he will have no visual record to present on appeal.

The procedure of assigning everyone a time of 1:00 PM for his or her hearing indicates that the Court already considers defendants undeserving of common courtesy. Some of the defendants will have to wait until 4:00 or 4:30 before their cases are called. In addition Mr. Burke had an examination that evening. He could better be using his time studying than waiting around for his hearing to be called. This indicates that Mr. Burke will not receive an impartial trial.

Because Mr. Burke has been denied a fair, impartial, and speedy trial, he requested that his case be dismissed and charges dropped. Magistrate Sinclair denied the motion.

Then Mr. Burke requested that a grand jury be convened for the same reasons as given by Heicklen in his preliminary hearing. He requested that the grand jury proceedings be public, and that he be allowed to address that grand jury before an indictment is issued. This motion was denied also.

At the end of the hearing, Mr. Burke was given some papers to sign, which he did. The magistrate allowed Heicklen to sign as counsel.

The preliminary hearings of Ken Keltner and Jennifer Corbett were joined. They were represented by attorney Joseph Devecka. The same two officers testified for the prosecution. Mr. Devecka cross-examined the witnesses. He called no witnesses for the defense. Nothing unusual happened at this hearing.

For all four defendants and Alan Gordon, arraignment was set for April 20, 1998, at 1:00 PM in Courtroom #3. The pre-trial conferences were set for May 26, 1998, at 8:00 AM on Courtroom #1. Jury selection was set for June 8, 1998, at 8:30 AM in Courtroom #3.

Magistrate Sinclair has trampled on the U. S. Constitution, and denied us our basic legal rights. He has committed treason.

We will continue our Smoke Outs and make our case in the streets. I ask that no- one under 18 years old smoke marijuana. We appreciate your support, but if minors smoke, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy, jury trial.

If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence. Thank you for your cooperation.

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