Archive for March 21st, 2022

Obit watch: March 21, 2022.

Monday, March 21st, 2022

Av Westin, TV news guy. (“20/20”)

Dr. Julian Heicklen, “a charismatic, cantankerous chemistry professor who dedicated his retirement years to a series of public protests in defense of civil liberties” as the paper of record describes him. He was 90.

What is sort of buried in the NYT obit is the actual nature of his protests. He was an advocate of jury nullification:

Rain or shine, he arrived every Monday — the day when juries are typically chosen — holding a sign reading “Jury Info” and handing out yellow pamphlets that explained the meaning and history of jury nullification.
Though he typically stood alone, he was one of many around the country engaged in similar protests, motivated by concerns about what they saw as unjust laws and prosecutorial overreach and convinced that jurors willing to take the law into their own hands were the last barrier to tyranny.

This being New York City, he was indicted in 2010 on charges of “jury tampering”.

The case drew extensive coverage, giving Dr. Heicklen the sort of platform he had only dreamed of, and he played it for all he could. At his bail hearing, he hung his head and refused to speak, leading the judge to ask if he was sleeping.
“I’m exercising my Fifth Amendment right to remain silent,” he finally piped up. At his arraignment hearing, he laid into the judge and prosecutors for what he called their “tissue of lies.”
The case was short-lived: Judge Kimba M. Wood threw it out in April 2012, ruling that as long as Dr. Heicklen was not targeting individual jurors, he was merely exercising his First Amendment rights.

“The case cleared the way for people across the country to be able to engage in jury nullification advocacy without the threat of federal prosecution,” Chris Dunn, the legal director for the New York Civil Liberties Union, said in an interview. “He stood out there every day fighting what he viewed as unjust prosecutions and unjust criminal laws. And that’s admirable, classic political protest.”