blog of bile » court

Julian Heicklen has new charge, canceled court date?

bile — Fri, 04 Jun 2010 13:56:07 +0000

At 9:30am this morning (2010-06-04) I refreshed the NYC DOC page for Julian and discovered that the “Next Court Date” field is now blank and there is a new element in the “Charge Information” section.

Docket: 2010NY000000
Indictment: 00000 0000
Charges: AC 000.00 UZ ( )

It appears to be a placeholder. A quick Google search shows a few people asking what the charge “AC 000.00 UZ ()” means but I did not find any responses.

Here is a screenshot of the page: Julian_Heicklen_inmate_details_2010-06-04-0930.pdf

I will contact Julian’s wife later today and see if we can figure out what’s going on.

Julian Heicklen’s 2010-04-19 Progress Report

bile — Tue, 20 Apr 2010 00:53:51 +0000

Hi Tyranny Fighters:

1. Tax Protest of April 15, 2010

a. I arrived at 11:45 at the Hackensack, NJ U. S. Post Office at 226 State Street. The weather was warm and sunny.

b. Across from me was police headquarters. The street was lined with police cars. I did not see a police officer all day. They had no interest in me.

c. Immediately a woman wanted 7 one-million dollar bills to pass out to her friends.

d. At 12 noon a man approached me for a million dollar bill and offered that he immigrated from Spain 45 years ago, when this was great country. He proceeded to explain to me everything that has gone wrong (as if I did not know already). He thanked me for distributing the bills.

e. At 12:25 a woman thanked me for standing there distributing literature.

f. At 12:35 a man thanked me.

g. At 1:07 a postal worked identified himself as a Libertarian who voted fro Ron Paul and thanked me for being there.

h. At 1:10 a man gave me a mint.

j. At 1:15, as I was about to go home, a man took a million dollar bill, asked me what it was all about. We talked for 53 minutes. He signed up as a Tyranny Fighter and said that he was going to look into the Libertarian Party web page for more information, before he makes a decision to join the Libertarian Party.

k. I did not hear one negative comment all day. This is an unusual occurrence for me.

I distributed about 100 million dollars in million dollar bills.

What a great day, even though I was alone!

2. Civil case against Homeland security et al. was assigned a case # 10 Civ. 02239 (RJH)(JLC) and sent to a Magistrate Judge for general pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement).

3. I had filed a civil suit in U. S. District Court against the New York Comptroller, District Attorney, Criminal and Supreme Court Judges and Clerks. The District Court rejected the case so I filed an appeal witht he U. S. Court of Appeals: 2nd Circuit. I presented oral argument to the Court of Appeals on April 16, 2010. Three judges heard the argument, but asked no questions, so I assume that that this was a formality, and that they already have made a decision.

4. FIJA DEMONSTRATION OF 4–19–10

I arrived at the U. S. District Courthouse for the Southern District of New York at 500 Pearl Street in Manhattan at 11:42 am on Monday, April 19, 2010. It was an overcast, cool, and windy day. I had my JURY INFO sign and FIJA pamphlets.

Immediately upon my arrival, Homeland Security Officer Barnes approached me and instructed me not to distribute literature. I said nothing. He moved away, but he and 2 other officers stood in front of me about 20 feet away. I started to pass out the FIJA pamphlet ”A Primer for Prospective Jurors” along with my 1-page insert. As soon as I gave my first pamphlet, the three officers approached me and placed me under arrest.

I fell to the ground face down. The officers rolled me onto my back and confiscated my sign and remaining pamphlets. They left a citation for violation of 41 CFR Section 102 § 74.415(c) ”Unauthorized Distribution of Pamphlets.” I was then unarrested and instructed to leave. However I remained in the spread eagle position and did not move a muscle nor utter a sound. Passersby asked the police what was wrong with me and showed concern.

This became embarrassing for the police, so I was threatened with a second arrest if I did not leave. I ignored them. At about 12:10 pm, they called an ambulance, which arrived at about 12:30 pm. I was lifted onto a stretcher and put into the ambulance. In the ambulance were 2 medics, a Homeland Security police officer (presumably Officer Barnes), and a driver.

After about 10 minutes of discussion between Barnes and the medics, Barnes left the ambulance. One medic beat my chest and throat in an effort to get me to talk. I said nothing and did not move. They started a medical exam of me which included blood pressure, pulse, electrocardiogram, and drawing blood for a sugar test. We left the courthouse at 12:55 pm and arrived at the New York Downtown Hospital before 1:15 pm.

I was placed on a gurney and moved into the hospital. One of the nurses recognized me from my previous visit on November 23, 2009. I was left alone at about 1:20 pm. I got up and walked out of the hospital at 1:25 pm without signing out.

5. In my civil complaint against the New York City police, Judge Koeltl gave a summary judgment for the police. He did not permit a trial. I filed a notice of appeal, which has reached the U. S. Circuit Court:2nd Circuit, and the paperwork has started. Also I had filed a Complaint of Misconduct against Judge Koeltl with the Circuit Court which was denied by the Chief Judge. However I have filed a Petition for Review which will go to a panel of 5 judges.

6. The federal criminal complaint against Homeland Security has been prepared and will be mailed tomorrow (April 20, 2010).

7. I now have a youtube blog at http://www.youtube.com/JulianHeicklen thanks to bile, who prepared it and will manage it. If you have anything of interest (particularly pictures or videos that you take at a demonstration or rally), contact him by email or through his website (both listed in the addresses a the top of this E-mail) to either send him the video directly or provide him with a location in which he can download it himself and re-post onto this new account.

8. Future plans

a. I will give talks and interviews anywhere in the continental U. S. There is no fee for this. I guarantee that the talk or interview is worth the price. If the date fits my travel schedule, there will be no charge for transportation or lodging. If I have to make a special trip, I will need travel and lodging expenses.

b. I will be passing out FIJA literature at the following U. S. District Courts and dates if I can get two (or more) people to join me. One must have a video camera and take a movie. The other must have a clip board and take notes of the event. I will need these two people to be witnesses at any trial that might ensue if I am arrested. These people need not fear arrest. If the Homeland Security Police arrive, they will have the opportunity to leave. If they do not leave they will receive a citation ($100 fine) and might be arrested if they do not cooperate with the police.

Fort Lauderdale, FL on April 26: 1 clipboard person has volunteered. I need a camera person. If you can take video or still pictures, please join us at 11:45 am at the Fort Lauderdale, FL U. S. District Courthouse at 299 E. Broward Boulevard.

Las Vegas, NV on June 14: 1 clipboard person already has volunteered.

Albany, NY on June 21: no volunteers yet.

Concord, NH on June 22 at 55 Pleasant Street: so far I have one volunteer.

Any of the following U. S. District courthouses on April 29: Manhattan, Brooklyn, White Plains in NY; Newark, Camden, Trenton in NJ; Philadelphia, Easton, Allentown, Reading in PA. I have no volunteers for this day. If none appear, I will return to the district courthouse in Manhattan.

I have a volunteer who is willing to join me at the Wilmington, DE district courthouse at 844 N. King St. Any others interested?

I have a volunteer who is willing to join me at the Pittsburgh, PA district courthouse. Any others interested?

9. Other

Your assignment is publicity, publicity, publicity. Try to get more people to join the tyranny fighters Email list. Also keep me informed of any demonstrations that you are involved in or planning.

Warning: You should know that The Federal Protective Service, and possibly the FBI, is intercepting my e-mails. Another violation of our civil liberties. Be prudent if you write to me.

Mike Benoit has written a book entitled “Sham and Shame of the Federal Income Tax.” You can purchase it directly from him for five dollars. His E-mail address is in the header of this E-mail.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Yours in freedom—Julian

My day in court 2010-01-19

bile — Tue, 19 Jan 2010 23:59:45 +0000

Arrived at 500 Pearl St at approximately 9:55AM. Met NYCLU representatives in front of building.
Approximately 10:00AM we entered the building and stood in line for a security scan.
At 10:20AM we got to the appropriate floor / counter. I let them know I’m present and we wait.
10:40AM two officers arrive. Neither is the arresting officer, C. Barnes #245.
10:45AM I overhear the officers say to the clerk that C. Barnes #245 is not going to show up. He’s apparently in training in Washington DC for the next 2 weeks. Later we learn that the Assistant US Attorney only learned he was going to be absent that morning.
10:48AM Officers notify two women that their meeting with the AUSA has been rescheduled due to C. Barnes #245’s absence. They are both obviously upset. The taller, Hispanic officer attempts to get them to just pay the tickets. Asking several times if they would be paying it. As they go to leave a gentleman in his 60’s asks one of the women if she was contacted in any way. She responds in the negative. He, obviously upset by that, says something to the effect: “They could have at least let you know he wasn’t going to be here. It’s the courteous thing to do. It’s *your* government. They should issue a warrant for him. They would have done that to you had you not shown up.” At least 5 people, including myself, are affected by C. Barnes #245 not showing. Each person spoken to by the Hispanic officer he tries to get them to pay the ticket.
10:50AM The Hispanic officer says to the other: “I say we just reschedule all of them.”
10:52AM The Hispanic officer speaking of Julian Heicklen’s 5 tickets, which he did not appear to contest: “They should just issue a warrant for this guy. He’s got five tickets.”
10:53AM The Hispanic officer starts checking out his cell phone. Perhaps reading text messages. There are several signs posted in the room saying that absolutely no one is to use cellphones.
10:55AM The officers leave to meet with the AUSA with the paper work for all those present.
11:00AM they start calling people in.
11:15AM I’m called and told C. Barnes #245 will not be showing up and therefore the appearance is rescheduled to February 9th, 2010. We ask to talk with the AUSA anyway.
12:05PM we are told to stand out in front of the conference room where the AUSA is meeting with people. He is in with the 60ish y/o who commented that Barnes should have a bench warrant issued for him. I missed the lead up to the incident but the gentleman was arrested and charged with disorderly conduct. Prior to the arrest apparently the officer stepped on his foot so hard that he broke at least one toe and caused the nail to come loose. He was wearing a cast. I was unable to gather any specifics otherwise.
About 12:55PM the man leaves the room with the AUSA and we knock and walk in. The AUSA says that we need to reschedule due to C. Barnes #245’s absence. My NYCLU reps inform him we are not fighting the description of events but feel the regulation does not apply. We are told that he would likely drop it down to deferred with a 60 day period in which I would not be able to record otherwise I’d they’d bring the issue to trial. We indicate we want full dismissal and he tells us that he will talk with C. Barnes #245 when he gets back and if he’s OK with a dismissal so be it otherwise we will have to talk again in February.

An account of the November 9th, 2009 arrest of Julian Heicklen and myself as well as a video can be found here.

FIJA Demonstration of November 9, 2009 by Julian Heicklen

bile — Tue, 10 Nov 2009 13:00:02 +0000

I arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 9, 2009. The weather was perfect: warm and sunny. I stood in the middle of the plaza in front of the courthouse.

I started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” along with my handout (see below). A freelance reporter form Free Talk Live was present. At 11:48, I was approached by two federal marshals, who identified themselves as Musumeci and
Sullivan. They would not give first names and said that they had no badge numbers. They informed me that I had to leave. I demurred. They said that they would have to report me and left.

I passed out about 15 flyers, when three police from the Department of Homeland Security approached me at about 12:20 pm. The leader was my friend Officer Barnes from two weeks ago. After we exchanged the usual pleasantries, he placed me under arrest, and I fell to the ground. He confiscated my remaining five brochures and my JURY INFO sign. He left a receipt and a citation 41 CFR, Sub C Section 102 #74.415(c), the same as two weeks earlier.

During the exchange with the police, the Free Talk Live reporter videotaped the event and interviewed me until he was stopped and cited by the police under 41 CFR, Subsection C, §102–74.420 for photographing without a permit. They confiscated his film.

At about 12:30 pm, while I was still on the ground, Joel Kupferman, a lawyer and Executive Director of the New York Environmental & Justice Project appeared and observed. Then the police left at 12:35 pm. I stood up and the event was over.

We noticed that an NBC reporter was present, but we did not interact with him. Joel and I went to a Chinese soup shop and had hot and sour soup. I arrived home at about 3:15 pm.

Warning: You should know that The Federal Protective Service, and possibly the FBI, is intercepting my e-mails. Another violation of our civil liberties. Be prudent if you write to me.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

TITLE 41 C. F. R. Public Contracts and Property Management Subtitle C–FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM

§ 102-74.415(c)

(c) Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in §102–71.20 of this chapter. However, any person or organization
proposing to distribute materials in a public area under this section must first obtain a permit from the building manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.

§ 102-71.25 Who must comply with GSA’s real property policies?

Federal agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with these policies.
______________________________________________________________

THE JUDGE WILL INSTRUCT THE JURY THAT IT MUST UPHOLD THE LAW AS HE GIVES IT.

HE WILL BE LYING. THE JURY MUST JUDGE THE LAW AS WELL AS THE FACTS.

JURIES WERE INSTITUTED TO PROTECT CITIZENS FROM THE TYRANNY OF GOVERNMENT.

IT IS NOT THE DUTY OF THE JURY TO UPHOLD THE LAW.

IT IS THE JURY’S DUTY TO SEE THAT JUSTICE IS DONE.

UPDATE:

bile’s account can be found here: http://blogofbile.com/2009/11/09/arrested-for-filming-the-arrest-of-julian-heicklen-on-federal-property/

Footage here: http://blogofbile.com/2009/11/10/julian-heicklens-fija-outreach-2009-11-09-arrest-video/

Dealing with a thief in libertarian fashion: Beware of Ryan Marvin

bile — Fri, 10 Jul 2009 16:26:00 +0000

andy hauger and brinck slattery ‘rant’ about their former roommate, ryan marvin.

over the course of many months as roommates, ryan stole nearly $2000 of andy and brinck’s money, and he pawned property he stole from them as well. instead of seeking restitution through the corrupt state court system, they have decided to use good old fashion ‘word of mouth’ to ruin ryan’s reputation in the FSP community.

Robber spared jail because of fear of prison

bile — Sun, 14 Jun 2009 15:44:52 +0000

http://www.telegraph.co.uk/…

Keith Hopkins attacked Winifred Phipps, grabbing her bag and dragging her across the ground until she had to let go.

Since then she has worred about leaving her home and has to walk a different way into town because she cannot bear to be reminded of that day.

But Judge Anthony Cleary said he had to “exercise a degree of mercy” when sentencing Hopkins because he had suffered a number of traumatic events while in prison on remand.

Instead of sending him to prison, he handed him a community sentence for two years.

Mrs Phipps, of Leamington, Warks., branded the sentence a joke and slammed the judge for being too soft.

She said: “I’m very disappointed with what’s happened here.

“There are people that have had a lot harder lives than him and not done the terrible things he has.

“I was very surprised to hear he’d got away with not getting a jail sentence.

“My nerves are completely shot to pieces after what’s happened.

“I couldn’t go anywhere by myself and often have to go to the doctors for my aches and pains.

“Because it happened near there I still can’t go there alone.

“My husband Frank always comes with me and we even have to take a different route to town because I can’t bear to be reminded of that day.”

Warwick Crown Court heard Hopkins, 27, had suffered psychological problems brought on by a number of factors including an attack by others while on remand.

He also suffered childhood abuse and was haunted by the death of a friend he stabbed during the drunken and drug-fuelled argument he was convicted of manslaughter for in 2003.

Judge Cleary said: “While on remand in prison something terrified you.

“No-one would want anyone to be subjected to such terror as was clear to me in that earlier occasion.

“I do not consider you to be wicked or evil.

“It is appropriate to exercise a degree of mercy in your case.”

In a resititution based system this guy likely wouldn’t be held in prison. He would have paid off his debts to the family and friends of his victim and let go. Without further information it sounds as if it was likely prison that caused him to become a petty criminal. Prison and jail aren’t designed to reabilitate or even provide an enviroment for the criminal (or so called criminal) to pay off the debts for their crime. It’s a melting pot of some of the worst in society and they keep adding in more people, both true criminals and not, and acting as if things will get better for them. That they won’t be worse off, that we all won’t be worse off, when they get out.

Create a loser pays, restitution based system and get rid of the war on drugs and much of our criminal problems and court abuse would disappear.

Footage of Sam Dodson being picked up at Cheshire County D.O.C. after being imprisoned for 58 days

bile — Thu, 11 Jun 2009 11:44:52 +0000

Free Minds TV interviews Sam Dodson just after his release from jail

bile — Wed, 10 Jun 2009 03:54:45 +0000

Journalist Sam Dodson who was arrested nearly two months ago for filming inside the Keene District Court lobby was released on from jail today and is in the studio for his first post jail interview.

Read about Sam’s story at JailedActivist.info

Sam Dodson released from jail

bile — Tue, 09 Jun 2009 19:07:18 +0000

He was just kicked out of the jail, with his orange jumpsuit on, without any real explanation, with all his possessions.

Porc411: msg0022.wav

Hello free staters! This is SamIam and the jail has just thrown me out. The forced me to agree to PR terms that I’m already in violation of, I told them I did not understand. That I did not agree to them. I did not sign them. I requested my attorney who’s going to be here in 10 minutes. And they pushed me out the door, in the orange close. I guess I get to keep them. And gave me all my stuff. I was escorted out. They would not explain anything or put anything in writing. They were told just to release me and so I’m out of jail. Thank you guys for everybody who’s helped me, sent letters, cards, emails, done all the things you had to do to support me along the way and I’m looking forward to getting back to life and challenging a lot of this in court. Thank you, glad to be out, looking forward to talking all soon. Goodbye.

Find the full story at JailedActivist.info

Will the Free Staters please sit down?, by Seninel columnst Michael Schuman

bile — Sun, 31 May 2009 19:33:27 +0000

http://sentinelsource.com/…

Iused to say that a libertarian is just a Republican who wants to smoke pot and watch porn. That was before I attended a Bob Dylan concert in Laconia some years ago. Shortly after the concert began, a young woman two rows in front of me stood up. She continued to stand throughout the concert. Never mind that everyone around her was seated.

I asked the man sitting in front of me to ask the woman to kindly sit because she was blocking people’s views. She continued to stand. I asked an usher to ask her to sit. He spoke to her and walked away, the offending woman still standing. I called the usher over and he told me the woman said she will stand if she wants to because it is her right; there was nothing the usher could do about it.

Apparently this phenomenon is fairly common, because around that time it was lampooned on “Saturday Night Live.” At that concert, she was one of perhaps 10 scattered audience members standing. When I regularly attended concerts in the 1960s and ’70s the audience would either collectively stand or sit. That’s when I realized my original assessment of libertarians was wrong, since even the staunchest Republican I know would have the courtesy to sit down.

Libertarians say they espouse the rights of the individual, which always seemed to me to be just a political way of saying me first, second and third and the hell with everyone else.

Now we have the Free State Project in New Hampshire. When the movement was founded in 2001, the organizers did not know where they wanted to settle. So they did the democratic thing: They voted. Other states considered included Wyoming, Alaska, Idaho, Montana, the Dakotas and Vermont. Largely because of New Hampshire‘s Yankee individualist culture, we won. Lucky us.

Interestingly, a Christian fundamentalist group called Christian Exodus has promoted a mass migration of fellow fundamentalists to South Carolina to escape, according to their Web site, the “moral degeneration of American culture.” The Christian Exodus people claim they used the Free State Project as a model. They have chosen to move to and influence of the politics of South Carolina. Lucky South Carolina.

When the Free Staters began coming here a few years ago, they were more or less a curiosity, like a cat walking on its hind legs. I figured I’d give them a chance; maybe they’ll synchronize the traffic lights on West Street.

Free Staters say they are similar to but not identical to libertarians, but I can’t tell the difference. Both favor limited government regulation, especially of guns and mind-altering substances. There is some legitimacy to these viewpoints. The war on drugs has not worked, and the decriminalization of marijuana would permit police to spend more time catching more dangerous persons. And with so many guns in circulation, it makes sense that citizens have the right to keep guns in their homes for self-protection.

Yet, the Free Staters support limited government to the point that that their concept of victimless acts is questionable. Who decided what act is victimless? Is smoking cigarettes in a crowded restaurant a victimless act? I don’t believe it is.

As for firearms, gun rights advocates say gun control laws hurt law abiding citizens. Flash back to this past spring, when every headline seemed to read, “Another day, another shooting spree.” It seems that all these shooters were law abiding citizens until they began murdering people.

Can’t there be a common sense approach to such issues? If someone is blocking your view, can’t he or she just sit down?

Indeed, in some areas, the Free State Project appears to celebrate extremism. The New Hampshire Free Press, one of the project’s media outlets, quotes Barry Goldwater’s famous statement about extremism not being a vice. The project has promoted regional appearances by both a speaker from the 9-11 truth movement as well as John Birch Society President John F. McManus, described on its Web site as “one of our country’s most influential Patriots (sic).”

Here in the Monadnock Region, Free Stater Sam Miller sits in the county jail because he refuses to give his name, even though his name is the worst kept secret in the Monadnock Region. Miller’s action stems from his refusal to turn off his video camera in the Keene District Court lobby on April 13. Keene District Court Judge Edward J. Burke refuses to schedule a date for Miller’s trial until Miller gives police his name. According to The Keene Sentinel, the cost to keep Miller in jail has reached thousands of dollars. So wasting taxpayers’ money is victimless?

A classic Peanuts comic strip from the early 1960s, and rerun in the Sentinel a few weeks ago, depicts Snoopy standing upside down on his doghouse. Charlie Brown explains to Lucy that Snoopy is protesting the way humans are ruining the world for animals. He adds that Snoopy is going to continue to stand on his head until those wrongs have been righted. Charlie Brown asks Lucy what she thinks. “Pretty stupid!” she replies. Snoopy is then seen sprawled on his doghouse thinking, “That’s what I thought all along, but I didn’t want to say anything!”

Sentinel columnist Michael Schuman lives in Keene.

First and only comment at the time of this posting is:

A Libertarian wrote on May 31, 2009 2:28 PM:

” I am a registered Libertarian…… I am not a Free Stater! I detest what some of the Free Staters do to attract attention. I have made remarks to the Libertarian Party and told them that if they do not separate themselves from the Free Staters that they would most likely lose members, including me. So, please do not put all Libertarians on the same lists as the Free Staters. “

I wasn’t aware that the New Hampshire Free Press was a Free State Project media outlet. I was under the impression that it was run by Russell and Kat Kanning.

And just so everyone knows “Seninel” and “columnst” are spelled wrong in the original title.