DR JULIAN HEICKLEN'S TRIAL

BELLEFONTE -- A sobbing Julian Heicklen implored a jury on Wednesday to
strike down the marijuana laws he was charged with breaking.

"You are not here to enforce the letter of the law," Heicklen said in a
shrill voice, stabbing at the air with a pointed finger for emphasis. "You
are here to see that justice is done."

But the jury found him guilty on drug possession charges stemming from four
marijuana "smoke-outs" in downtown State College last spring, led by
Heicklen to protest laws against the drug. It was the first trial on drug
charges for the 66-year-old retired Penn State professor, who acted as his
own attorney during the day-long event. He tried several times to put the
state's marijuana laws on trial as well.

"The state is trying to punish me for exercising a God-given right to own a
vegetable," he said, arguing that the jury should find him innocent for
this reason. But President Judge Charles C. Brown Jr. told the jury the
question was much simpler.

"The issues here today are whether or not Julian Heicklen smoked
marijuana," he said. "Even if you don't like the law ... you must follow it."

The jury took about 30 minutes to deliberate. Heicklen, wearing a two-piece
suit and a "Free Julian Heicklen" button, sat impassively as the verdict
was read.

Heicklen was sentenced to 30 days' probation and a $500 fine for each of
four marijuana possession charges. He was also ordered to pay other costs
including the costs of prosecution. Heicklen said he will appeal the jury's
decision.

Assistant District Attorney Ste-phen Sloane, who prosecuted the case, said
Heicklen will likely be tried again before Dec. 7 on charges stemming from
two other smoke-outs.

Another jury will be selected on Monday, he said.

During Wednesday's trial, Heicklen's arguments ranged from the rights of
the individual and the "soul of America" to the behavior of molecules
during thin-layer chromatography, a method he said was used to test the
marijuana seized from him.

Brown frequently stopped Heick-len to explain the questions he could and
could not ask of witnesses and warned him to let them finish their answers
before asking his next question. The judge asked Heicklen several times to
limit his questions as Heicklen cross-examined police officers about the
effectiveness of chemicals used to test the marijuana cigarettes seized
from him at the smoke-outs.

More detailed questions followed, as Heicklen, a former chemistry
professor, tried to discredit a state police forensic scientist who tested
some of the marijuana seized from Heicklen.

Heicklen stood before the court and held up two models meant to represent
different types of molecules of THC, the psychoactive ingredient of
marijuana, to show the variety of forms it can take and to argue that
chemical tests of the drugs seized from him may have given false results.

During closing arguments, Sloane said Heicklen has every right to pr! otest
marijuana laws but could have done it without without lighting up in public.

"Our families did not have to walk through dope smoke downtown in order for
him to make his point," he said.(BR)

Checked-by: Pat Dolan