The next time the 80-year-old retired chemistry professor takes his protest to the plaza outside the federal courthouse in Manhattan, he may make it home without being locked up.
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James Leynse for The New York Times
Julian P. Heicklen, 80, acted as his own lawyer.
Jury Nullification Advocate Is Indicted (February 26, 2011)
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A federal judge on Thursday ordered the dismissal of an indictment against the professor, Julian P. Heicklen, who had been charged with jury tampering for advocating the controversial position known as jury nullification while outside the courthouse.
Mr. Heicklen had repeatedly stood with a “Jury Info” sign and handed out brochures supporting nullification, the view that jurors who disagree with a law may ignore their oaths and vote to acquit a defendant accused of violating it.
Prosecutors said such advocacy, “directed as it is to jurors, would be both criminal and without constitutional protections no matter where it occurred.”
But the judge, Kimba M. Wood of Federal District Court, wrote that a person violated the jury tampering statute only when he or she knowingly tried to influence a juror’s decision through a written communication “made in relation to a specific case pending before that juror.”
Judge Wood added that she would not “stretch the interpretation” of the statute to cover speech that was “not meant to influence” a juror’s actions in a specific case
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