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THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

By: Julian Heicklen

The person that I hope to mentor this coming year is Chief Judge Belvin Perry, Jr. of the Ninth Circuit Court in Florida. And here is how...
 
 
This is my appeal to anyone interested in fully informed juries. In the summer of 2011, both Mark Schmidter and I were arrested on separate occasions for contempt of court when we violated court orders against distributing literature on the courthouse plaza in Orlando, FL. Separate bench trials were held, and each of us was found guilty and sentenced to over 140 days in jail.

We filed a joint appeal.  Now it has been over 14 months since the trials, but the court of appeals has taken no action.  Attached is a letter that I have just mailed to the court of appeals.  

I would appreciate it if you feel moved to contact the court of appeals and urge it take immediate action to overturn the convictions.  Feel free to enclose a copy of my letter, if you wish.  Also, if you live in Florida,  send copies of your correspondence to your state representatives with a copy of my letter.  Feel free to circulate this information among your contacts.  A deluge of mail should get the court’s attention.

Of course the outcome of this case is of great importance to Mark and me.  However it is also important to all of you that the courts do not nullify the federal and state constitutions by court orders.

THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

THE PRICE OF JUSTICE IS ETERNAL PUBLICITY

Thank you. 
 
Yours in freedom and justice
"Julian
 
 
Here is my submission to the Florida Court of Appeals:
 
36 Rachel Immenu #2
Jerusalem, Israel 93228

jph13@psu.edu

 

November 5, 2012

Clerk of Court
Fifth District Court of Appeal
300 South Beach Street
Daytona Beach, FL 32114
Telephone: (386) 255-8600
FAX (386) 947-1562
 
 
Heicklen and Schmidter v. State of Florida
Appellate Case # 5D113036
 
 
Re: Ninth Judicial Circuit Court of FL, in and for Orange and Osceola Counties
 
 
Case # 48"2011"CF"8856"O
 
 
 
Dear Clerk:

As Counsel Pro Se, Appellant Julian Heicklen is now resubmitting his APPEAL OF APPELLANT of May 21, 3012, which you refused to accept when it was submitted on that date in violation of Amendment VI of the U. S. Constitution and Article I, Sec. 16(a) of the Florida Constitution.   You also have the submissions of Adam Sudbury when he was acting as both Appellants’ counsel. Appellant Heicklen notes that the sole Appellee has two attorneys, but you wish to deny the same to two Appellants.
 
There are two legal issues involved here:
 
1.  Time and place of the distribution of literature.
2.  Can a judge legally prevent distribution by court order on courthouse grounds?
 
The content of the distributed material is not an issue, because it is protected by Amendment I of the U. S. Constitution and Article I, Section 4 of the Florida distribution in the “free speech zones.”
 
The time and place issue is discussed in both Mr. Sudbury’s (Mark Schmidter’s counsel) and Appellant Heicklen’s submissions.   The most recent thorough discussion is that issued by U. S. District Judge Kimba Wood in her 27 page OPINION AND ORDER when she dismissed the U. S. government case #10 CR 1154 (KMW) against Appellant Heicklen for jury tampering.  She made it plain and clear that pamphlet distribution on courthouse plazas and all courthouse grounds outside the courthouse building are free speech zones and a Constitutionally protected right. The Opinion and  Dismissal Order, U.  S.  v. Julian Heicklen 10 CR 1154 (KMW) can be found at: http://constitution.org/jury/pj/10-cr-01154-KMW_order.pdf
 
Prohibition of pamphlet distribution by court order is discussed in U. S. Court decisions as mentioned in the resubmitted APPEAL OF APPELLANT. Judge Perry claims that his order is legal based on Title 40 U.S.C. 13k.  However in U. S. v. Grace, 461 U. S. 171, 177"178 (1983), the U. S. Supreme Court ruled that statute unconstitutional, because it violates Amendment I.   According to the decision, the time place, and manner restrictions must be made by statute or by regulations issued pursuant to 40 U. S. C. 13l, not by court order.
 
To further justify his position that courthouses and their surroundings grounds cannot  be  used  for  expressive  activities,  Judge  Perry  refers  to  Huminski  v. Corsones, 396 F. 3d 53 (2d Cir. 2005).  However both the district and appellate courts upheld Huminski’s right to expressive activities, but the appeals court overturned the decision of the district court and ruled in favor of Corsones, because she had judicial immunity.
 
It is interesting that Judge Perry cited two court cases and misunderstood, or lied about, both of them. Is this the standard for Chief Judges in Florida?
 
In addition to the legal arguments, Appellant was denied his Constitutional right to a jury trial, even though he was tried for a criminal offense, and made 3 such requests to the judge from the Orange County jail prior to the bench trial.  A jury trial is mandatory according to Amendment VI of the U. S. Constitution and Article I, Sections 16 and 22 of the Florida State Constitution.
 
Appellant was held in jail for 22 days without bail being set.   He did not receive legal counsel until after the trial.  

Perry was the judge and prosecutor, even though he was the injured party.
 
Appellant Heicklen looks forward to receiving all correspondence between the court and the attorneys for the State of Florida.   He intends to send a written REPLY to their RESPONSE and correspondence.
 
Thank  you  for  your  understanding  and  the  requested  information  before
November 20, 2012.
 
 
Sincerely yours,
 
 
 
Julian Heicklen Appellant Counsel Pro Se
 
 
Encl: Original Appeal document, Certificate of Service
 
CC via E-mail to:
JOHN EDWIN FISHER, Counsel for the State of Florida
JAMIE BILLOTTE MOSES, Counsel for the State of Florida
ADAM SUDBURY, Counsel for Appellant Schmidter
MARK SCHMIDTER, Appellant

 
Appellant Julian Heicklen certifies that copies of the letter of November 5, 2012, and APPEAL OF APPELLANT for:
 
Heicklen and Schmidter v. State of Florida
Appellate Case # 5D113036
 
 
Re: Ninth Judicial Circuit Court of FL, in and for Orange and Osceola Counties
 
 
Case # 48"2011"CF"8856"O
 
 
have been sent by E-mail to the following:
 
JOHN EDWIN FISHER, ESQUIRE Fisher Rushmer, P.A. jfisher@fisherlawfirm.com
 
JAMIE BILLOTTE MOSES, ESQUIRE Fisher Rushmer, P.A. jmoses@fisherlawfirm.com
 
Adam Sudbury
 
Mark Schmidter mschmidter@gmail.com
 
 
 
Julian Heicklen Appellant Counsel Pro Se
 
 
November 5, 2012
Date
 
 
 
 
 
Letter I sent to various Florida officials:
 

36 Rachel Immenu #2

Jerusalem, Israel93228 jph13@psu.edu

 

December 2, 2012
 

William D. Snyder, Chair, Judiciary Committee, 412 House Office Building, 402
South Monroe Street Tallahassee, FL 32399-1300.
Ms. Brooke Kennerly, Executive Director, Judicial Qualifications Commission, Room 102, Historic Capitol Building, Tallahassee, FL 32399-6000
Pam Bondi, Florida Attorney General, Office of Attorney General, State of Florida,
The Capitol PL-01, Tallahassee, FL 32399-1050
Jerry L. Demings, Sheriff , Orange County Sheriff’s Office, 2500 West Colonial
Drive, Orlando, FL 32804
Captain Nancy DeFerrari, Warden, Orange County Jail Facilities, 823 W Central
Blvd Orlando, FL 32805
Pamela R. Masters, Clerk of Court, Fifth District Court of Appeal, 300 South
Beach Street, Daytona Beach, FL 32114
Belvin Perry, Jr., Chief Judge, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801

RE:

MARK E. SCHMIDTER, et al., Plaintiff(s)

v.

BELVIN PERRY, JR., Defendant(s)

IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, ORLANDO DISION
CASE #: 6:12-CV-1102-ORL-31-KRS

Heicklen and Schmidter v. State of Florida
Appellate Case # 5D113036

Re: Ninth Judicial Circuit Court of FL, in and for Orange and Osceola Counties Case # 48"2011"CF"8856"O

Gentle People:


I am writing to request that you take legal action action against Chief Judge
Belvin Perry, Jr. of the Orange County Court for the following reasons:

I distributed Fully Informed Jury Association (FIJA) literature at the Orange County Courthouse, deliberately challenging court orders prohibiting the distribution on the sidewalk connecting the parking garage and the courthouse, as well as on most of the courthouse plaza.  As a result I was arrested on August 22,
2011, for contempt of court.    My property was seized by the deputy sheriffs and still has not been returned.

Criminal trial

On the same day at the arraignment, Chief Judge Belvin Perry, Jr. for Orange County presided.  I exercised my  U. S. Constitution Amendment V right to remain silent. For this I was punished.

Judge Perry charged me with contempt of court.   He did not set bail, but confined me to the Orange County Jail for 22 days until he held a bail hearing. Judge  Perry  made  no  effort  to  provide  me  with  counsel  as  required  by Amendments VI and XIV of the U. S Constitution.  In addition, Article I, Section
16(a) of the Florida Constitution states:
-“to have compulsory process for witnesses”
-“to confront at trial adverse witnesses”
-“to be heard in person, by counsel”
-“to have a speedy and public trial by impartial jury”
I was denied all of those rights.   Three summoned jurors appeared to testify, but five others who filed statements with the Court were not called for cross examination.

My trial was set for September 1, 2011.   Judge Perry, the litigant accuser, presided at the trial and acted as the prosecutor. I acted as counsel pro se.

Three jurors summoned for other cases and two deputy sheriffs testified. I
had no opportunity to confront any of these witnesses prior to trial.

None of the witnesses claimed that I had approached them or targeted jurors, because, in fact, I had done neither.   I had stood on the sidewalk and offered pamphlets to any passersby. I could not distinguish potential jurors from anyone else.

I was convicted of criminal contempt, even though I was arrested for civil contempt, sentenced to 145 days in jail and fined $200 plus court costs. Then I was returned to jail until my bail hearing on September 10, 2011, where I was released on $12,000 bail pending appeal.

While in jail, my legal papers were confiscated and destroyed by prison guards on my day of entry.  I was denied access to the law library during my whole stay of 22 days.   Since I was acting as counsel pro se, this made it difficult to prepare a complete defense. Three written requests to Judge Perry for a jury trial were ignored. Judge Perry claimed that he never received them.

Appellate Court

An appeal was filed on my behalf within 30 days after the trial by my counsel at that time, Adam Sudbury.   Legal briefs for appellants were submitted both by Counsel Sudbury and myself in June, 2012 (http://www.personal.psu.edu/faculty/j/p/jph13/Orlando_contempt_trial.html).

A defense of the conviction was submitted by Judge Perry on September 2,
2011. In his brief, Judge Perry lied three times, thus committing three counts of perjury .   See:   http://www.personal.psu.edu/faculty/j/p/jph13/Perry_Reply_2_5_11.html and http://www.personal.psu.edu/faculty/j/p/jph13/ Order_and_judgment_9_2_11.html

One lie was that Appellant Heicklen had approached and targeted jurors.  There was no testimony to that effect by recipients of the pamphlets or deputy sheriffs.   Heicklen never approached nor targeted anyone.   He stood on a public sidewalk and offered pamphlets to anyone passing by him.

The  second  lie  was  that  a  U.  S.  Circuit  Court  in  Huminski  v. Corsones, 396 F. 3d 53 (2004) had upheld a trial court’s decision to ban expressive speech in the court parking lot.   The district trial court found Judge Corsones guilty of violating Huminski’s First Amendment rights.  The Circuit Court of Appeals upheld Huminski’s right, but reversed the decision based on judicial immunity.

In the third claim, Judge Perry stated that in United States v. Grace,
461 US 171 - 1983, the Supreme Court upheld U. S. Statute 40 U. S. C. §
13k which permits banning pamphleteering on court plazas.   Actually the Supreme Court declared that statute unconstitutional. Furthermore the Court proclaimed that free speech on court plazas could not be banned by court order.

Judge Perry knew that he was lying, because he had made these claims in another court decision and I had written to him at that time pointing out his errors (http://www.personal.psu.edu/faculty/j/p/jph13/Letter_to_Perry_5-17-11.html).

In his brief, Judge Perry admitted that in the Schmidter trial, he asked: "WHERE DO WE END WITH FREE SPEECH?"  My correct answer is NOWHERE! (U. S. Constitution Amendment I and Florida Constitution, Article I, Section 4).

The appellate court required a response from the state attorneys representing Appellee Perry. No response has been received, nor any request for an extension, from Judge Perry or his counsels. In fact, no further correspondence at all has been received from them.

To make sure that I did not overlook or miss anything, I requested in my letter of November 5, 2012 to the appeals court, with copies to all concerned parties, that all correspondence of the Appellee’s counsels with the court should be sent to me by November 20, 2012 (http://www.personal.psu.edu/faculty/j/p/jph13/Request_for_information_11-5-12.html). No response from any party.

Obviously, neither the counsels for the Appellee nor the Florida Attorney General are contesting the appeal. Therefore the conviction is automatically overturned.  All the relevant case documents in my possession are posted at:  http://www.personal.psu.edu/faculty/j/p/jph13/Orlando_contempt_trial.html.

Requests
1. I request the Florida House of Representatives Judiciary Committee initiate impeachment proceedings against Judge Perry.

2. I request the Judicial Disciplinary Committee to strip Judge Perry of his judgeship and license to practice law.

3. I request the Florida Attorney General to initiate criminal proceedings against

Judge Perry for perjury and treason (or at least sedition).

4. I request the Florida Attorney General to remind the Orange County Jail of its duty to keep hands off legal documents, allow all inmates access to the law library, and see that inmate mail to the courthouse is delivered.

5. I request the Sheriff to return all of my confiscated property.

6. I request the appellate court to see that I am reimbursed for:
a. my attorney fee of $5000,
b. filing fee for this appeal,
c.  my expenses in the Orange County Jail,
d. bail bondsman fee of $1200,
e. $22,000 for the time spent in jail,
f. and $100, 000 for aggravation and time devoted to fighting this case.
THE PRICE OF FREEDOM IS ETERNAL VIGILANCE

Thank you for your consideration.

Yours in freedom and justice,

Julian Heicklen
Appellant
Organizer, Tyranny Fighters


CERTIFICATE OF SERVICE


Appellant Julian Heicklen certifies that copies of this letter of December 2,
2012,  have been sent by E-mail to the following:


JOHN EDWIN FISHER, ESQUIRE Fisher Rushmer, P.A. jfisher@fisherlawfirm.com

JAMIE BILLOTTE MOSES, ESQUIRE Fisher Rushmer, P.A. jmoses@fisherlawfirm.com

Adam Sudbury
Adam.Sudbury@SudburyLaw.net

Mark Schmidter
mschmidter@gmail.com

Tyranny Fighters Legal Panel News Outlets

Julian Heicklen is a retired Chemistry Professor from Penn State University. He has been a libertarian activists for many years, has spent countless hours on the steps of court buildings handing out FIJA (Fully Informed Jury Association) information, as well as being an advocate for marijuana legalization. He has been arrested and incarcerated many, many times for his efforts to educate the public of government corruption, and fled to Israel on May 22nd, 2012 as a political exile and was granted Israeli citizenship at customs. Visit his webpage at TyrranyFighters.Com and Facebook.



 

 
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