Case update page!

This page is under construction: soon you will be able to read all the transcripts of each court date here

 

Click on Picture below to read Bio of Ed njweedman Forchion

"Hey, State of New Jersey this is my body" and
"I'm going to continue to ingest marijuana
into it if I so desire".

"FUCK YOU"

INTRODUCTION- I've been using marijuana for 20 years years, I don't believe the lies of the government in regards to marijuana and I've refused to follow Christianity which I regard as the faith of our oppressors. I've used marijuana with nothing detrimental ever happening to me. Then I got into a custody dispute with "Linda Holden" the mother of one of my daughter AJANEA and she told on me. "She hired a private eye to investigate me and turned the report over to Burlington County Superior Court Judge GAYTOES". That was the beginning of my hassle's with the government; up until then I hadn't had any problems with the law or life. The only thing detrimental in regards to marijuana that ever happened to me was the police. On Nov. 24th, 1997 I was arrested and (ruined), but instead of taking a plea like most people I decided to fight the charges using Jury Nullification as a Defense. This page chronicles my case case. Also please check out MY STORY "NJWEEDMAN" - I'm slowly writting a book.

The Courier Post
11/25/1997

"Three men arrested on Marijuana Charges"

By Clint Riley,
Courier Post Staff


Bellmawr - Authorities closed in Monday on three
South Jersey men accused of having 45 pounds of marijuana shipped to Bellmawr from Arizona.

Unemployed truck driver ROBERT EDWARD FORCHION, Jr. 33 of the 500 block of Seigfried Avenue Chesilhurs and Russell Forchion, 28 of Union Street Glassboro, were arrested Monday along Route 42 in Bellmawr authorities said. Police and members of the Camden County Prosecutors Office "Narcotics Unit reportedly seized 45 pounds of marijuana from a vehicle in which the men were riding. The two are related but authorities did not dis-close how.

A third man, ERIC POOLE, 39, of the fountainveiw Apartments, Blackwwod was arrested almost simultaneously at an undisclosed business near the
bellmawr Industrial Park. The arrests were athe culmination of a monthlong investigation into the groups activities by Police in Bellmawr and Phoenix, Arizona and a federal and state drug task force.

Authorities alledge Robert Edward Forchion went to
Phoenix, where he also has a residence, to arrange for the shippment of marijuana to a Bellmawr business. The name of the business was not disclosed.

All three men arrested Monday have been charged with possesion with intent to distribute more than 25 pounds of marijuana and related drug charges, said GREG REINHART, spokesman for the Camden County Prosecutors Office.

Robert Forchion was being held Monday at the Camden County Jail on $100,000 cash bail. Russell Forchion was being held at the same facility on $75,000 cash bail. While authorities said, drug charges are pending, poole was being held at the same jail on municipal charges.

The Forchions and
Poole are the first individuals charged with distribution of more than 25 pounds of marijuana in Camden County since Gov. Christie Whitman made the offense a first degree crime in August.

If convicted of the charge they each face up to 20 years in prison and $300,000 in fines.

 

CORRECTIONS

1. - I was not in the truck, my brother Russell was in the truck and he was on Route 55. I was not in possesion, he was. The story says there was a month long investigation yet, every attempt I've made to get discovery material that confirms this the "authorities" deny it exists. They say, it was a fluke arrest, a onetime thing, no prior investigations. I don't believe them, I believe they are with-holding BRADY material. Information that would aid in my defense.

2. - We were the first charged with violating this new law in the state. As a new law the law itself is open for challenges. I wish to challenge the validity and constitutionality of this new law. I believe the marijuana laws are based on false facts that I could easily prove. I believe the law fails to present "first-amendment" exemptions and is infact a "BILL of ATTAINER".

 

CONSTITUTIONAL CHALLENGE

"Anyone challenging the constitutionality of a statute bears the burden of establishing its unconstitutionality." NEWARK SUPERIOR OFFICES ASSOCIATION, Supra 98, N.J. at 222, 486 A2d 305. I wish to challenge the constitutionality and validity of this new law I'm charged with violating. I wish to present my arguements to my JURY. I wish to present the truth about "marijuana" to my jury. The Government basis its marijuana laws on false facts and outright lies. In my defense I wish to present the truth as the New Jersey Constitution Article 1 (6) say's:

"In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact."

 

U.S. SUPREME COURT

The U.S. Supreme Court say's a defendant has the RIGHT to chose his own defense, for he's the one who suffer's the consequences if the defense fails. Please read the following quote from a U.S. Supreme Court case.


"The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the defendant/accused personally the RIGHT to make his defense. It is the accused, not counsel, who must be "informed of the nature and cause of the accusation," who must be "confronted with the witnesses against him," and who must be accorded "compulsory process for obtaining witnesses in his favor." Although not stated in the amendment in so many words, the right to self-representation, to make one's own defense personally is thus necessarily implied by the structure of the amendment. The RIGHT to defend is given directly to the accused; for it is he who suffer's the consequences if the defence fails."

FARRETTA Vs CALIFORNIA, 422 U.S. 819-20, 95 S.Ct at 2533-34

 

My Constitutional Challenge
 I know all new law's are subject to constitutional challenge's.
I as the first defendant arrested under this new law elect to
challenge the constitutionality of this law with a JURY.
This is my RIGHT.
 

I wish to employ a OPEN ADVOCATION of JURY NULLIFICATION as a defense. I wish to present the facts about marijuana, and witnesses to support my defense. The Right to witnesses is guaranteed by both the N.J. and U.S. Constitutions as well as the U.N Declaration of Human Rights.


"Jury Nullification of law," as it is sometimes called, is a traditional American right defended by the Founding Fathers. Those Patriots  intended the jury to serve as one of the tests a law must pass before it assumes enough popular authority to be enforced. Thus the Constitution provides five separate tribunals with veto power – representatives, senate, executive, judges and jury – that each enactment of law must pass before it gains the authority to punish those who choose to violate it. Duncan Vs Loiusiana, %%%^&&***


Thomas Jefferson said, "I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution." 

 

WHAT IS: JURY NULLIFICATION ?

 


  State of New Jersey
     -vs.-
         Edward "njweedman" Forchion
         Indictment No. 3596-10-98
         Camden County Superior Court


 


 

 Arrested Nov. 24th, 1997


1.- I was charged with violating N.J.S. 2C:5-2-(1st) degree- possession of CDS marijuana in excess of 25lbs. -- punishable by 20 years imprisonment.
 * FIRST CITIZEN ARRESTED, under this new law.
   This New law was signed August 3, 1997 by Christi Whitman

2.-I was also charged with N.J.S. 2C:35-7- possession of CDS within a 1000 ft of a school.
 *Dismissed.  (bogus charge)

3.- I was charged with N.J.S.- 2C:5-2 (2nd)degree- possession of CDS marijuana in excess of 25lbs --- punishable by 10 years imprisonment.
 * A redundant charge-

4.- And with conspiracy- punishable by up to 10 years in prison.

From the prosecutors own -Police statements made available to me thru discovery. It is plainly obvious to anyone I didn't posses anything. The conspiracy charge is all I have to fight. I didn't conspire to do anything illegal.



              Bailed out-Nov. 27th
Camden County jail, is a inhumane pig sty.  The county animal shelter has better facilities. I would rather spent time in a dog shelter than Camden Counties filthy Jail.


NOV. 29th,1997 -- Meet with Matt Portella esq, he quoted $25,000.oo  to defend me. Jeffery Zucker's fee of $50,000.oo was also quoted.

Dec 98-Jan. 99, -met with several other Lawyers who's fee's were all between 25-$30,000.oo  - I don't have it.

FEB. 1998, 1998 -- Met with Kevin Walshe, of the Public Defender's Office, who refused to consider my defense,  religious defense, or planned  open advocation of JURY NULLIFICATION .

March 1998, -- Micheal Freidmann Deputy of the Camden Office of the Public Defender. I insist on preparing my trial using a Religious Defense. Kevin Walshe has me talk to Mr Freidmann (Deputy of Camden PDO) who informs me, Mr Walshe nor anyone else in his office will prepare my trial using RELIGION or Jury Nullification, for my defense as I wish. I informed Mr Freidmann I would also like to be presented before the Grand Jury. He said,"no, you would tell the truth, and jail yourself in his opinion". That's the problem with the legal system it's not about truth it's about money, and bodies.  Bodies to fill the Prison Industries cells, which produce taxpayer funds. 

Why do you think Private prison's are a good investment? Because lawyer's masgerading as Politicians pass laws to create crimes - (funds) It's a new form of legal slavery. It's no mistake 28% of blackmen are in prison! It's part of the plan.

APRIL 1st, 1998 - FOUNDED "THE LEGALIZE MARIJUANA PARTY" -( www.tlmp.org ) and announced I would be running for Camden County Freeholder and U.S. Congress for the first district. I knew the press would cover me just as a novelty. What I was getting out of it was the use of "Miranda" - you see when your arrested the government has to read you your "Miranda RIGHTS"; which say anything you say or do can and will be used against you. But "Miranda" is a double edged sword. I know it also means anything you say or do can be used for you.

First Amendment Protest's

Religious/Medical

April 27, 1998- I demonstrate the medical as well as the spiritual effectiveness of marijuana before Congressman Rob Andrews at his Haddon Heights NJ Office. (Andrews Office Protest)

April 28, 1999 - I attempt to demonstrate the medical as well as the spiritual use of marijuana before the local democrat party at their Cherry Hill NJ - headquarters. ( Democratic Party HQ Protest)


 

(On May 20th, 1999) - Mr Freidmann write's a letter to Judge Freeman again repeating his refusal to allow the Camden County Public Defenders Office to prepare my trial using Religion/Jury Nullification as my defense


 

Court Appearance's

 

Oct 17th, 1998- Camden County Prosecutor announces my indictment.  See these two news stories.  FORCHION out to prove point -  FRONT PAGE 

Nov. 13th, 1998- I request before Judge Rosenweigc to represent myself. Judge Rosenweigc responds with threats to send me to Ancora State mental hospital for a 30 day mental evaluation.

Dec. 9th, 1998- My brother surrender's his right to a jury trial, and plea's guilty to avoid the possible 30 year sentence. He is sentenced to 7 years.

Feb. 1999 - status hearing. (I refused a 12 year plea offer)

March 9, 1999- Brem Moldvosky enter's his appearance 4 Larry Hirsch   (I refuse a 15 year offer)

I pay  LARRY HIRSCH  $5,000.oo to help me with my case.

April 21,1999- Brem Moldvosky ask's to be relieved of representation

May 6, 1999- Judge Freeman grants his motion for Brem to be relieved.

 LARRY HIRSCH  fails to return $5,000.oo - Does nothing to help me -Just stole my limited cash. When I complain he lies and say's he's done 100 hours on my case, and spreads rumors about me. What a low life?

May 12th, 1999 - I file motion to proceed propria persona -(Represent myself)

June 18th, 1999- Judge Freeman, rejects my motion, Kevin Walshe and the Public Defender's Office are re-assigned as counsel of record. Against both our wish's.

July 12th, 1999 - A commentary I wrote appears in South Jersey edition of the Philadelphia Inquirer, this Commentary was titled let a jury decide! Jury Nullification?  I purposely wrote this hoping some of my potential jurors would see it.

August 9th, 1999 - status hearing, - Asst Prosecutor John T. Wynne asks and receive's a order from Judge Freeman to forbid me from communicating with my brother. He also ask's Judge freeman to explain to me that public statements I make in public, in-conjunction with my election campaign will be used against me at trial.  -- I respond I think they will help me, and also announce that I'm planning to air Jury Nullification commercials, as my election commercials

Sept. 13, 1999 - Kevin Walshe file's a motion with Judge Brown to  allow me to represent myself. The only reason I asked to represent myself was because he refused to prepare my legal defense. Now he file's a motion on his own to request of Judge Brown that I proceed without a lawyer.  ( He doesn't want to prepare my case using Religion as a defense and open advocation of Jury nullification as a tactic to support it)  What I want is a lawyer to defend me with my legal defense's, or be allowed to represent myself.

Sept. 28th, 1999 - The prosecutor announces Eric Poole one of the co-defendants accepts plea deal (Bribery) from prosecutors office and makes statements . 

"GOOD NEWS"-  Sept. 28--Judge Brown announces, the public defender has been removed from my case and a private attorney will be found. Just maybe, this private attorney will follow my wish's and defend me as I wish to be defended. 

 As a Candidate For Camden County Freeholder as well as State Assembly - my filing a motion to dismiss on religious, medical and Constitutional grounds gained some media attention.

* On Oct 26, and 27 1999
I file this motion in regards to "1st amend. protest's" of April 98.   (cherryHill/haddonhhgts -motion)
New hearings Feb., 23rd -29th 2000

Today Oct. 5, 1999 - I received a letter from PDO stating they had assigned this private attorney to represent me. I hope he's prepared to help me prepare for my trial using Religion as a defense with open advocation of JURY NULLIFICATION as a tactic. 

*Jaime Kaigh, Esq. (856)-429-1802, 425 Route 70-west, Cherry Hill NJ 08002 

     See my letter to Jaime Kaigh    CLICK here

 Day Before Election Day! 

Nov. 1, 1999 - I met Mr. Kaigh, he's no ringer. Mr Kaigh is one of the better Lawyer's in the area. Our meeting in court today went well. I think I'm going to get along with him. I think we are going to make history as well as gaining my freedom. My next court date is set for - DEC-20th 

*ALSO* - A Lawyer named David Ragonese, appeared wanting to represent me also. Mr Kaigh said, he has no problem with Mr Ragonese sitting second seat to him. So it looks like I went from a Public Defender who refused to represent me to two lawyers willing to fight for me. (Only in America)

Election Day nov. 2 - I vote for myself twice. 

*ALSO- On Election Day -  . LARRY HIRSCH - After Larry Hirsch ripped me for $5000.oo  I filed a small claims compliant against him. (Forchion -vs.- Hirsch,-SC: 99-08-27-2994), just so happens the trial date was set for Nov. 2nd how ironic is that!   -  He didn't show.- The Judge rescheduled it for Dec.  15th ( He said, if Larry doesn't show next time he'll issue a default Judgment) 

Forchion -vs- Hirsch / March 16th, 2000 - Courtroom 4f, Philadelphia

I receive about 3000 total votes. 

Bad news 11/30

David Ragonese the Lawyer who responded positively to my July 12 Commentary in the Philadelphia Inquirer (SEE MY COMMENTARY) on July 2oth, ( See his response) and came to court Nov. 1st, wanting to join my defense team. Today, I called him and he said, " he couldn't, his boss's strongly recommended he not get involved". He said, "he supports me, and believes in my right to utilize Jury Nullification but he can't". 
 

"In my opinion" This is another example of the legal profession protecting it's cash cow. The Idiotic Marijuana Laws. You see his boss's know my case, my defense, has the potential to cause great harm to the legal profession, by publicizing the Juror's right to nullify these stupid, unconstitutional marijuana laws, that the legal profession is getting rich off. Think about it instead of hiring lawyer's to peddle plea agreements defendants started relying on Jury's to acquit them, thru nullification.

He is not the first attorney who was told not to help me, or refused to help me. 

Throughout my ordeal local lawyers refuse to help me. I've become a "ENEMY OF THE STATE" and a "THREAT" to the local lawyers and law enforcement.


READ THIS:  On Dec. 2, 1998 - Mr. Defalco, esq. Winslow Twp public defender after speaking with me about my (Glouscester Twp Police Attack ) case refused to defend me. On record. Judge Diamond after hearing his argument continued the case, to Jan. 1999 - At the Jan. hearing Mr. Defalco wasn't there and Judge Diamond forced me to proceed without a lawyer - despite my repeated request for consul per the sixth amendment. Naturally I was found guilty, as was the plan

Two days later I hire ($2000.oo) Lee Perlmann esq. of Cherry Hill (856-661-1010) to file a appeal based on (1), lack of counsel per the sixth amendment.(2) right to present witness's ignored. 
(3) Judicial mis-conduct - Change of venue granted- Judge Trabosh from Glousceter Twp after sending the case to Winslow, (because I knew I wouldn't get a fair hearing in front of him) sent Judge Diamond a personal note about me, in a deliberate attempt to taint me. (4) Obvious false testimony from police officer's.(5) Request to have a new fair trial. ( legal trial )

Several days after I pay Lee, Judge Diamond talks to Lee and ask's that he not file a appeal. That's right Judge Diamond conspired to prevent me from having my day in court by intimidating Lee Perlmann a young lawyer. Into not defending me as I paid him to do. I know this is wrong, But I have other worries. He has a obligation to me, his client not some wacko Kangaroo municipal court Judge (Diamond) who openly violated my rights from the bench -( Kangaroo court session ) for a audience of Winslow Police Officer's, Glouscester Twp police officer's and member's of the New Jersey state police. ( No reporter showed). But it was transcibed so it's on record.

I have filed a complaint against him to the:
Advisory Committee on Judicial Conduct
Richard J. Hughes Justice Complex
 Trenton NJ 08625

And this: Mr. Shimberg the public Defender in Haddon Heights refused to defend me as well, before Judge FELD on Oct. 27, 1999. Judge Feld did the proper thing ( see here ) he relieved Mr. Shimberg and continued the case until a public defender could be named. - Scott Schweiger Of Depersia and Depersia Cherry Hill was appointed. He (scott), "actually did a good job"  at the Feb.,29th 2000 court date. And In the Haddon Heights  Feb., 23rd hearing in Cherry Hill. ( Read)


( Read  ) - If none of this is true they will suit me. - I have other instance's as well, but the proof is lacking so I haven't placed those in the public.

* ByTheWay -  I was told by Jaime Kaigh that David was fired from his job. I asked Jaime if it was it because of me? Jaime said, "no". Personally "I don't know, ask him". But I sure hope not. He should help me with this Jury Nullification defense. He's the only lawyer in this area yet, to voice a positive legal opinion on Jury Nullification in Public!

Dec. 20th - Trial is set for March 13th, 2000.
 


I see I'm beginning to get noticed

    February 08, 2000 - BOGUS/Political Arrest!  <--Click 

Immediatedly upon my release on Feb. 17th. I again receive numerous threats. This is the latest; at first I didn't understand. "I do now":  All he said was,

"Guess what strike three dude"

*NJ has a three strikes law - 3 strikes your in prison for life. So I guess that's the plan, put me away for life! To keep me quiet about JURY NULLIFICATION. I truely believe this BULLSHIT arrest is nothing more than an arrest/tactic to put more pressure on me to accept a plea deal in the BIG CASE.

On Feb. 22nd, 2000 suddenly I also receive a letter from Ocean County telling me that the case that was before them in 1996 was now being re-opened and would be scheduled for trial soon. I was given a April Court date in Ocean County. You see now I'm facing three felonies. The government just wants me to shut-up about legalization and especially JURY NULLIFICATION.

 

( March 13th, 2000) - Trial has been postponed to 5/26/2000


 

BTW - Larry Hirsch didn't show March 16th, (default)
 

TRIAL is set for March 13th, 2000  (9.am) 
Courtroom 34, Camden County Superior Ct.
Hall of Injustice

Presiding Judge Thomas Brown.

Jury Nullification Trial 
Marijuana laws on trial!

State of New Jersey vs Forchion
                 or
New Jersey Marijuana Law before a Jury.

 This is my planned defense - Open Advocation of Jury Nullification 

Click above link.

 

            State of New Jersey 
                       -VS-
           
Edward "njweedman" Forchion
                3596-10-98
 

March 1st, 2000
 

My Defense of  JURY NULLIFICATION

With "government" literally out of control , with it's illegal, unconstitutional "WAR on Drugs", which in reality is a "WAR on US" and our freedoms, I say there is a need to promote a return to justice and true freedom in America. I say citizens must employ Jury Nullification to end this "war". In addition to writing and calling U.S. Senators, U.S. Representatives, State Senators and Representatives, Governors, and any other relevant elected officials, and of course, voting for those on the side of freedom, like myself, we can study the actions of the jury in the case of John Peter Zenger, or the William Penn Jury.

John Peter who? William what? If you're a graduate of government-run schools, it's not surprising you haven't heard of John Peter Zenger, or much about William Penn.. If you're a devotee of television legal drama, you're still not likely to have heard of this case. And if you've ever been a juror in any matter, it's especially likely that the judge never told you about the Zenger jury... even though their actions remain as one of the bases of our "American freedoms . "Modern" judges instruct juries in direct contradiction to the principle's laid down by the Zenger, and Penn jury, and threaten to sanction attorneys who remind juries of this principle... even though it's as valid today as it was in 1735.

1735?? What did a jury decide in 1735 that could be relevant to freedom today? The Zenger jury decided that even though John Peter Zenger had violated the law, the law itself was unjust. and therefore, John Peter Zenger was not guilty. The jury helped to re-establish the principle that the people as represented by the jury have the right to judge not only the facts of the case, but the law itself.

In the Zenger case, the accusation was that Zenger had printed information critical of the Royal Governor of New York. (At that time, printing information critical of government was a punishable offense, termed "sedition".) The Royal Prosecutor admitted that what Zenger had printed was true, but still illegal, as even truthful criticism was banned. The defense also admitted what Zenger had done, but appealed to the jury on the grounds that the law itself was unjust. The jury agreed.

In my case on Nov. 24th, 1997 The Camden County Prosecutor's Office, the local DEA and member's of the Belmawr NJ police department illegally arrested me and charged me with violating a new Marijuana Law. This New Law signed by Gov. Whitman just 3 months before (Aug 4, 1997), call's marijuana a schedule 1, Controlled Dangerous Substance.  I know marijuana is scientifically not a schedule 1 substance and was  placed there erroneously in 1970. 

Today science has totally dis-proven the false facts used to place marijuana on the schedule 1 list. ( March 1999 IOM report Titled "Marijuana as a Medicine") This listing or classification is what make's it illegal.  I can prove marijuana doesn't meet the description of a schedule 1 substance, using the governments own facts, I wish to also tell my jury, how this new law violates my right to "Religious Freedom".  I openly plan to tell all of this to my jury as a defense. 

A defense I call "OPEN ADVOCATION 4 JURY NULLIFICATION" . The local legal profession, and law enforcement community in trying to keep this lucative cash cow alive openly oppose my defense. Law enforce-ment has harrassed, assualted, and taken my child for openly questioning the Marijuana Laws.  I am innocent until lawfully proven guilty by a Jury of my peers, I have not been lawfully found guilty of anything, Lawful = by a jury of my peers. 

I believe plea bargains are illegal acts of Bribery by the state to get citizens to surrender their right to a fair JURY TRIAL. I have refused all attempts. The State has retailated by creating a new charge on Feb 8th, 2000. And maliously resurrecting a old charge 1996 charge, on Feb 22nd 2000. - The State of New Jersey is now trying to put me away for life as a three time offender. Essentially for knowing and acting on the truth. That marijuana is a benificial "God Grown" gift/ sacrament. 

On the Feb 8th arrest warrant the Prosecutor's Office descibes me as a " Danger to the community", what it didn't say was I am a danger to the Law enforce-ment, and legal communities, who rape, pilage rob the communities we live in under the guise of the WAR on Drugs". And asset forfiture laws.  I say I'am a asset to the "We the people" community, not a danger. I have provided a service, by providing a safe natural wanted commodity. (Marijuana) And know the government has no authority to regulate what a citizen freely choose's to ingest into his or her own bodies. I invoke my ninth amendment "Right To Regulate my own body." - All marijuana laws are designed to prevent me and millions of other's from freely ingesting "GOD GROWN MARIJUANA" into our own bodie's

Most historians agreed that the Zenger, and Penn case's were  landmark's on the road to the writing of the First Amendment to the Constitution of the United States, which (among other things) established freedom of the press, freedom of religion, including the freedom to publish information critical of "government." But the actions of the Zenger jury went much further than helping to establish press freedom in the USA: the Zenger jury helped establish the principle of "JURY NULLIFICATION."

Since my arrest I have openly called for a jury trial and have taken my case to the public with my runs for political office under my own creation "THE LEGALIZE MARIJUANA PARTY". The Camden County Prosecutor's office and the Camden County Office of the Public Defender have allied themselve's to prevent me from presenting such a defense. Local lawyer's have refused to represent me and two Superior Court Judge's ( Rosenwicg and Freeman) have refused to allow me to represent myself, because of my planned Legal defense. If the long island killer, Colin Ferguson can represent himself why can't I NJWEEDMAN represent myself. -- The point is I can but my defense is not wanted, by the local legal  profession. The media is failing to cover this aspect of my case. Soon they will have no choice. My trial is near.

The law is wrong and I intend to tell this to the Jury. I will openly advocate for them to nullifiy this flawed law. Recently after the Public Defender's Office refused to defend me. Judge Brown assigned Jaime Kaigh as my lawyer. Jaime Kaigh seems to be sincer in his effort to defend me but he too refused to defend me using Jury Nullification as a defense. My 6th, amendment Right to counsel for his defense is being ignored. I have again motioned to Judge (Brown) that in the interest of a fair trial I be allowed to represent myself. To defend myself with this legal defense. I'm facing 30 years in jail and don't want to spent the next 15 years screaming "I didn't get a fair trial"; as Mumia Abul Jamal has been. I want a fair trial, now, the first time, where the truth about marijuana will be presented. Judge Brown will rule on May 5th, 2000

Simply put, JURY NULLIFICATION means that a jury is impaneled to judge not only the application of the law to the facts of any given case, but also the law itself. This is what I want, presented in my trial. It is only fair. The power of NULLIFICATION is inherent in any jury, no matter if the judge "neglects" to point it out, or makes it seem that the jury is only there to decide the facts of the case. In my case the only facts that need to be presented are the facts on marijuana. The State of New Jersey lie's about the danger's of marijuana, and then use's these same lie's to justify throwing good citizens like myself into "prisoner of war camps". While at the sametime calling marijuana a medicine. I want to challenge the validity and the justness of the law, with a jury. 

In 1983 the NJ legislation passed The Medical Marijuana research Bill ( Sponsered by R-Sen.Basano) that acknowledged the medicinmal value of marijuana, but continues to this day to arrest people under CDS laws which define marijuana as having no medicimal value, and being a schedule 1 drug. To the delight of lawyer's who make a killing both defending and prosecuting citizens who know the truth and use marijuana medically despite the law.  The state can't have it both was. It's either a illegal schedule 1 drug or a natural medicine and legal! As it is in 8 other state's

JURY NULLIFICATION is one of the last defenses of a "powerless" citizen against an unjust, overbearing, tyrannical  "government." I have decided that, using my case to make it widely known the fundamental principle of JURY NULLIFICATION, I can influence the outcome of any case involving oppressive government. 
 

A Jury has the ABSOLUTE RIGHT TO INVALIDATE AN UNJUST LAW!

_______________________________________________________

1st Dist Congressional Candidate
EDWARD "NJWEEDMAN FORCHION
Defendant -
http://www.njweedman.com 
 

    On March 13th, 2000 the case was again postponed until MAY 26th, 2000 because Jaime Kaigh had another case in NEWARK, N.J.. Jaime although he did file my "motion to suppress" he refuses to help me with a JURY NULLIFICATION DEFENSE" citing his oath as a lawyer "BULLSHIT"- On May 15th, I wrote and filed the following letter to the Judge. In it I asked to represent myself. I was successful this time! Finally after a year of trying I'm now allowed to speak for myself.

                        Edward  "njweedman" Forchion

State of New Jersey 
-vs-
Forchion - 3569-10-98

May, 10th, 2000
 

Camden County 
Superior Court
Judge Thomas Brown              

 RE: Interlocatory Issue’s-To be heard May 26th

Dear Judge Brown, 
 

   As you know I’m a defendant in a case before you. As always I must again request/motion that you the court allow me to represent myself in this case. The legal defense’s I have freely chosen to employ in my defense are being denied. A conspiracy exist, amongst the local legal profession to prevent me from utilizing my chosen legal defense’s.  If a infamous defendant like Colin Ferguson “The long Island Killer” can represent himself before a Jury at trial. Why has the Camden County Superior court repeatedly denied me “njweedman”, my right to represent myself.  I know I have this right. I am competent to speak for myself before a jury, I know the consequence’s of a conviction. I believe a jury should be able to hear my case, that the law is wrong not I ! 

"Mr. Forchion desire's to pursue motions and tactic's which I clearly indicated no attorney from my office would file or pursue" MICHEAL FREIDMANN, DEPUTY DIRECTOR Camden County Office of the Public Defender- May 20th, 1999 letter to Judge Freeman

"While the jury has the power to do so, (Nullify a Law) the defendant (Mr. Forchion) should not be allowed  to advertise that power to the jury" - John T. Wynne, assit state prosecutor - June 3rd, 1999 letter to Judge Freeman. 
 

  As you also know a jury is empowered  not only to Judge the guilty or innocence of the defendant but to Judge the law itself. ( 1972 D.C. Circuit Court of Appeals- 473 F. 2d 1113)   I as the defendant in this case wish to present a defense consisting mainly of the fact that I beleive the law itself is wrong and not I.  I call my defense OPEN ADVOCATION of JURY NULLIFICATION. The two above quote’s are example’s, I present as proof that the Office of Public Defender and the State of New Jersey have allied themselves to prevent me the defendant from presenting my chosen  legal defense.  On Feb. 27th when I met with Mr. Kaighe for the first time he also declined to sign my Client -lawyer agreement, where I stipulated the legal defense’s I wished to employ in my defense. These were the same defense’s I presented to Micheal Freidmann deputy Directory of the Public Defender’s Office previously, and which Mr. Wynne previously argued (May 24th, 1999-before Judge Freeman) against. 
 

   I would like to inform you and the court of two municipal court (Cherry Hill - Haddon Heights) appeals before Superior Court Judge Lario, ( 10-00 , 17-00), I which I’m the defendant, the 23 issue’s I raised in these case’s - Religious, Medical, Mis-classification, unconstitutional, etc, etc., I believe are interlocutory issue’s to the case before you. 3596-10-98  - See attached. - Motions

  Judge Lario assigned Joseph H. Blum, Esq. , 413 Route 70 east, Cherry Hill -NJ  to represent me in these case’s.  These case’s aren’t before a jury so my need to present myself,  in these case’s aren’t as necessary, they are written out in my respective MOTION”S TO DIMISS which were denied by the municipal court judge’s.   The same issue’s raised in these appealed case’s before Judge Lario, are the same issue’s Mr. Freidmann of the Public Defender’s Office refused to present in my defense, and Mr. Wynne asst. Prosecutor argued against allowing me to present to a jury ( May 24, 1999) delaying my case, and directly infringing upon my right to a speedy trial. 

Judge Brown I have the right to a jury Trial. ( 7 amendment to the Constitution) I have the right to speak in my own defense. ( Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L.Ed.2d 562 {1975}) I have envoked the desire to utilize these rights since the day I was arrested. ( Nov. 24th, 1997) and each time I was illegally contacted by member’s of the Prosecution, or the Federal government (DEA- Nov. 98)(Mitgation factor # 12). I told them I was having a Jury Trial.  I have taken my arguement to the public with public demonstrations, and statements of my right to regulate my own body with “GOD GROWN” marijuana.  I’ve been assualted, threatened and set upon by member’s of the local and state police for voicing my opinion on marijuana’s so-called illegality. I have bogus charges  filed . All after I exercised my first amendment right’s of Freedom of Religion and Free speech. I want my day before a Jury of my peer’s as garanteed by the Bill of Rights. ( see attachments) Judge Brown I’m a American Dissident not a criminal. 

 The state repeatedly attempts to bribe me out of my right to a jury Trial. 

  On Feb. 8th 2000 member’s of the Camden County prosecutor’s office created a new charge. In which you set bail at $50,000 . On Feb 22, 2000 the state initiated action in Ocean County to re-open or resurrect a 1996 charge that was previously resolved. Next court hearing in that case is May 25th, 2000 the day before your case.  The state now has three felony charges against me, and has taken my parental right’s to one of my children.  The last two case’s  were created to increase the pressure on myself to abandon my desire to utilize my Right to a Fair Jury Trial in the first case 3596-10-98 which is before you. These were politically motivated action’s to increase the state’s position. 

  New Bribery Attempt. - On May, 2 2000  John T. Wynne attempted to again bribe me into surrendering my right to a jury trial. Mr Wynne sent a message throught my brother Russell Forchion a co-defendant in this case. “That he was willing to combine all the case’s, not oppose parole/probation, and down grade the charge to a second degree felony in exchange for a guilty plea.”  The message was I would get about the same time in prison as Russell did. ( 5 months-) .  My freedom is the most valuable thing I posses. The state’s offer of my guilty testimony in exchange for my freedom I believe is a violation of ( 18 U.S.C. 201(c)(2) - “The anti-gratity provision of 201(c)(2) indicates Congress’ belief that justice is undermined by giving, offering, or promising anything of value for testimony,’. If justice is preverted when a criminal defendant seeks to buy testimony from a witness, why is it not so less preverted when the state does it.”  - SIDEBAR: - On August 12th, 1999 Mr Wynne argued before Judge Freeman to issue a court order for me and my co-defendant brother Russell not to communicate and now he initaite’s a communication (bribery Attempt) with me thru the same brother he doesn’t want me to talk too. 

   This new bribery attempt is actually quite interesting but I have to decline it. The charge’s of Nov. 24th 1997 have ruined my life. Up until then I had been smoking , using marijuana for 16years with nothing detrimental ever occuring in my life because of marijuana. Marijuana as I plan on testify to, and presenting a case for; has alway’s enhanced my life, in the face of government anti-marijuana lie’s and laws. I had a house, several cars, a business - a future, and children I was euthusiac about raising, and putting through college. I was happy. I have none of these now. I was Safely pursuing Life, Liberty and Happiness under the positive influence’s of marijuana. Now I’m ruined. Marijuana didn’t do this, the marijuana law did, and it is done to citizens everyday .  I want my day in court before a jury. I want a fair trial your honor, I don’t want to spend the next 15 years in prison claiming I didn’t get a fair trial as Mumia Abdul Jamal has.  I am entitled to this your honor.  Please can you issue a court order to the state to stop attempting to bribe me out of my right to a fair Jury trial, and schedule a trial in the near future with me representing myself. 

Sincerely,

Edward “njweedman” Forchion

CC- John T. Wynne, Jaime Kaigne, Lee Solomon, Courier Post, Philadelphia Inquirer, New York Times, Washington Post, Associated Press, ACLU-  NORML - (National Organization to Reform Marijuana Laws) Various  Media Outlet’s 

P.S.- On Nov. 24th, The state “informed me that anything I said or did could and would be used against me at trial”. In a effort to insure that this in fact did happen my supporter’s have erected a WEBSITE: titled Ed Forchion’s - The legalize Marijuna Party - www.njweedman.com - // This was previously located at www.jersey.net/~njdevil , but the company Jersey.net Inc. succumbed to police and opposition pressure and terminated the site. I am again running for Congress here in the First dist against (D)Rob Andrews again as a protest to existing marijuana laws, and for the oppurtunity to publicly make statements about marijuana I wish to include in my upcoming trial before you!

5/26/2000 - JUDGE BROWN GRANTS my motion to proceed PRO SE, and orders JAIME KAIGH to be my assistant of counsel for defense. "You see the constitution doesn't force anyone to have representation, (we all have the right to represent ourselves) but the constitution guarantees everyone the RIGHT to "ASSISTANCE OF COUNSEL FOR DEFENSE" - Jaime Kaigh is ordered to provide me with assistance!

JAIME KAIGH - seems to resent being made into my assistant, stop's helping, doesn't keep any of his appointments, refuse's to do somethings. (i.e.)Request funds for certain witness's. I know with my defense of OPEN ADVOCATION of JURY NULLIFICATION- lawyer's are prevented from doing somethings, so I had to speak for myself. - In no-way thou is representing myself giving up the right to "assistance of counsel" as per the US and NJ Constitution's. - I HAVE THE RIGHT TO ASSIST OF COUNSEL.
 

MAY 29th, 2000: PRESS - RELEASE 
 
 
  JULY 7th 2000 - Motion to Suppress HEARING (evidence is heard) - On the stand Jerome Kee a Camden County Prosecutor Investigator had to admit that the "ARIZONA POLICE SEIZED THE PACKAGE" in Arizona and they didn't have a warrant when the package was seized, they didn't have a warrant when the package was opened or shipped to Philadelphia. No warrant was issued to again re-seize package in Phialdelphia and bring package into the State of New Jersey.

Yet the state prosecutor investigator's lied about all this on the original search warrant Affidavid of Nov. 21st, 1997. They concealed these illegal activities from Judge Trabosh who signed the original warrant. I alledge that this warrant should be squashed due to "false information presented in warrant", package was no doubtfully seized without a warrant. Judge Brown "surprisingly" allowed the Prosecutor to another week to present testimony on Suppression motion. This is highly irregular and I don't understand how the state is allowed to have another day to come up with a good story to cover-up for the fact that the "WARRANT AFFIDAVIT" was false.

JULY 10th, -- BRADY INFORMATION RELEASED - I knew all along that there was BRADY material missing, not provided to me for my defense. At the July 7th, hearing I proved the state had information it wasn't revealing. Suddenly today, I receive a copy of a ARIZONA POLICE REPORT dated Nov. 21st, 1997 which claims a "un-named Federal express employee" opened the package and turned it over to the DEA/POLICE. "how conveint! This is BULLSHIT! The state is either fabricating this report or is guilty of with-holding it from me for over two years. Either way I should be granted my MOTION to "SUPPRESS".

JULY 18 - MOTION TO SUPPRESS - Suddenly new information is made available (police report), which now tries to correct irregularities in warrant and seizure. The new information is a fax from a police officer in Arizona. "Whatever happened to the, right to face your accusor". A fax is not my accusor. The Judge allows this fax to be introduced as evidence even though the preparers of the named individuals in this faxed POLICE REPORT weren't presented before the court so I could cross examine them about the validity of the report, and the events depicted in the report. This fax alledge's a un-named Federal Express employee opened the box out of concern for the safety of the federal express flight, because a blackman delivered the package, and parked where they couldn't see. IF THAT AMOUNTS TO PROBABLE CAUSE MY NAME IS "GOV. WHITMAN !!! - The evidence should have been thrown-out as evidence seized without a legal warrant, in violation of the fourth amenment. - BECAUSE I HAVE MADE SUCH A BIG STATEMENT the power's that be don't want me to win. I'd be a hero, to a large segment of the local population. Judge Brown rules on this motion AUGUST 10.

 

 

ON AUGUST 1st, 2000 - During the republican convention in Philadelphia I begin airing PRO-MARIJUANA LEGALIZATION commericals and announce that on August 2nd, 2000 I will be having a "SMOKE-OUT" at the liberty Bell and on Sept. 5th, 2000 I will be having a JURY RIGHTS DAY demonstration in front of the CAMDEN COUNTY SUPERIOR COURT

 

AUGUST 10, 2000

JUDGE BROWN denies the motion to suppress despite the overwhelming evidence that the package was opened in Arizona without a warrant and the state failed to bring any witnesses from Arizona to testify to the facts presented in court. He then order's trial to begin on August 28th.

AUGUST 11th - I complian to Judge Brown that my assistant Jaime Kaigh refuse's to provide assistance.

AUGUST 21st, 2000 - Jaime Kaigh writes a letter to Judge Brown telling him he's going on vacation on the 25th and won't be available for my trial August 28th!!!!! He also "motions the court to be relieved.

AUGUST 31 - Jaime Kaigh files a motion to be releived of counsel of record, citing "irreconcilable difference's", I can tell you the difference is - I wanted a defense of the truth, using Jury Nullification as a defense. - The legal profession was conspiring to prevent this defense. A date to hear this motion is set for Sept 11th.

SEPT 1st, 2000 - While sitting at dunkin donut's on rt 70 & springdale rd. I was arrested, the officer's claimed they got a call from some-one citing a suspicipious person. - My car was searched and as is on any given day, I have my medicine with me, "MARIJUANA". - then the officer's tell me a compliant by my ex-wife generated a $10,000 bail. - I was then held in camden county jail, on a bogus charge that was later completely dropped. (Oct 3). This was just a plan to keep me from having my Sept. 5th, Jury RightsDay protest in front of the Courthouse, and preventing me from preparing a defense!
 

SEPT. 5th, - MY JURY RIGHTS DAY PROTEST - is canceled because I'm in the County Jail! SEE: JURY RIGHTS DAY PROTEST INFORMATION 

Sept 11th - I was brought from the jail to Judge Brown's courtroom where he denied Jaime Kaighs MOTION: “to be relieved of obligation to provide assistance of counsel”, and then Judge Brown denied my FATHERS DAY MOTION: to be allowed to present a Jury Nullification defense." He then stated that the case had been transferred to Judge Thompson. - I was lead from Judge Browns courtroom to Judge Thompson's courtroom in shackles were Judge Thompson promptly informed me my trial would be scheduled to begin on SEPT 18th – Which was on MONDAY!!!

 

 

 

Sept 12th - My $10,000 bail is reduced to $1000, thanks to the repeated calls and compliants of some of my supporter's. I was released on WEDNESDAY evening Sept 13th.

Sept 14-15th - I met with several lawyer's ( Rodney Ray and Ron Thompson) attempting to get legal help, and a continuance since my court appointed legal assistant (Jaime Kaigh) had abandoned me. Several gave me advice, namely the key words to state to the Judge on record.

SEPTEMBER 18, 2000

JUDGE THOMPSON

Also say’s: I can’t use a

“JURY NULLIFICATION DEFENSE”

 

SEPT 18th -- TRIAL BEGINS – Jaime doesn’t even bother to show. Just before trial began, I filed a statement requesting a continuance, and I refused a last minute plea offer from the state, (3 years mandatory) and insisted on making my complaints a part of the court record. (Read it here). The Judge denied these appeal able issues and ordered the Trial to begin anyway.

TRIAL COVERAGE - all the locals’ papers covered the trial read them here.

WEEDMAN ACCEPTS PLEA DEAL - I accept this plea to stop my unfair trial. I tried to put a good face on it to the media but it really burned me up that after three years of planning my defense the state stole it by locking me up, and denying me my right to a fair Jury trial!!

WEEDMAN WITHDRAWALS PLEA Oct 11, - I filed motion to be allowed to withdraw my plea citing I was getting an unfair trial in the first place, amongst other things.

SEE MOTION TO WITHDRAWAL -

LETTER TO JUDGE THOMPSON - Oct 26th, 2000

ON DEC.1st, 2000 I became a POLITICAL PRISONER OF THE U.S. WAR ON DRUGS convicted as a result of a "KANGAROO COURT" were I wasn't allowed to present witnesses or defend against the charges. The trial was a "FARCE and MOCKERY" of justice and I planned on appealing as soon as possible.

Click picture below

"NJWEEDMAN"

POST TRIAL COVER-UP BEGINS

As soon as I entered the New Jersey State "GULAG" system I signed Public Defender Document to appeal. I signed it on Dec. 11, 2000 well within the 45 day "window" for filing appeals. Michael Friedman and Jaime Kaigh immediately began a COVER-UP, deliberately failing to officially file my "NOTICE OF APPEAL". Deborah Collins the Director of the Office of Public Defender Appellate section (Newark) refused to file my notice of appeal or order transcripts unless I signed a waiver giving the Public Defender "representation. I refused to sign the waiver. (The PDO) refused to assist me through-out my trial why should I allow them to cover for themselves by representing me. The PDO was obligated to provide services such as filing "notice of appeal" and "ordering transcripts" but refused. This I called a deliberate denial of Due Process and sought a WRIT of HABEAS CORPUS thru the Camden Federal District Court on June 4th, 2001. It was dismissed on June 7th, 2001 and I immediately appealed on July 4th, 2001.

COVER- UP BY STATE OFFICALS

(4/10/2002)

 

Every attempt I made to appeal from prison was thwarted by the Public Defenders Office. As soon as I entered the New Jersey State "GULAG" system I signed Public Defender Document to appeal. I signed it on Dec. 11, 2000 well within the 45 day "window" for filing appeals. Michael Friedman and Jaime Kaigh immediately began a COVER-UP, Friedman and Kaigh deliberately failed to officially file my "NOTICE OF APPEAL". Ms. Deborah Collins the Director of the Office of Public Defender Appellate section (Newark) refused to file my notice of appeal or order transcripts unless I signed a waiver giving the Public Defender "representation". I refused to sign the waiver. (SEE MAY 21st, 2001 letter from Ms. Collins)

Since my attempts at appealing thru the state system were being "INTERFERED and OBSTRUCTED" (citing; Mayberry Vs Petsock) by New Jersey State officials. I filed a Federal "WRIT OF HABEAS CORPUS" (Docket No-01-cv-02559) to the Federal authorities on June 4th, 2001. Judge Rodriguez of the Camden District Court dismissed it (in error) on June 7th, 2001: citing FAILURE TO EXHAUST STATE REMEDIES. I appealed his decision on JULY 4th, 2001 to the 3rd Circuit Court of appeals (Docket No- 01-3171) saying, NJ state officials were preventing me from using the state appellate process, and I should be allowed to be heard in the Federal Courts. How could I exhaust state remedies when state officials were preventing me from appealing? I cited a recent 3rd Circuit Court of Appeals case SOLIS Vs THE UNITED STATES. On August 16th, 2001 the 3rd circuit agreed to hear my "federal appeal" and all briefs were filed by Dec. 15th, 2001. This was dismissed on June 26th, 2002

Also since these state officials were preventing me from appealing - (deliberately denying me DUE PROCESS) I filed a statute 1983 Federal Civil rights Lawsuit (Docket No. - 01-3850 jobs) on August 14th, 2001 also in Camden Federal District Court against JAIME KAIGH, DEBORAH COLLINS, PETER GARCIA and the NEW JERSEY PUBLIC DEFENDERS OFFICE for deliberately failing to file my "NOTICE OF APPEAL" or "ORDER MY TRANSCRIPT" for me, as they were obligated to do. 

FINALLY on:

Sept. 6th, 2001 the PDO filed my "NOTICE OF APPEAL and ORDERED MY TRANSCRIPTS" - 10 months late and only because I filed a lawsuit.

On Sept 7th, 2001 Federal Judge Simandle dismissed the statute 1983 lawsuit. Then Ms. Alphonse of the Camden County court reporters office told me in a Sept 18th, 2001 letter that some of my transcripts were missing or never happened which was absolutely "BULLSHIT" the same dates that I felt were really import to prove my claims of being denied a "constitutional trial" were the same dates missing. The TRENTONIAN wrote about this: "WEEDMAN ALLEDGES COVER" On Dec. 3rd, 2001. I thought it was no coincidence that the PDO filed my “notice of appeal” the day before Federal Judge Simandle dismissed this civil rights lawsuit. (Sept. 6th). I felt the Judge must have ordered them to off the record. I still never got my transcripts until APRIL 7th, 4 days after I got out. This was blatant and deliberate attempt to keep me from appealing. The PDO successfully prevented me from appealing in the state courts for over 18 months. This is outright denial of my DUE PROCESS Right’s to be heard in a timely manner. At this point I'm hoping the Federal Courts will step in. There are FEDERAL cases that support JURY NULLIFICATION - U.S. -vs.- DATCHER, 830 F.Supp 411      

THE NJ ATTORNEY GENERALS OFFICE has now taken over for the PROSECUTORS OFFICE (Richard Berg) in his brief to the 3rd Circuit (Nov. 29th, 2001) he cites that all delays were just an "EXCUSABLE ADMINISTRATIVE PROBLEM". Excusable by whom, "NOT ME" I was rotting in prison!!!! By law my "Notice of Appeal" and my transcripts should have been ordered within 45 days, now 18 months later I receive my transcripts. "BULLSHIT" he's what I say to him - "FUCK-YOU"      

Since then numerous new papers and reporters have studied JURY NULLIFICATION and have realized I was prevented from doing what's legal because the POLITICIANS support the "WAR ON POT". Now a state cover-up ensued thereafter to prevent me from appealing. The New Jersey Court system is corrupt and has violated the principals of the U.S. Bill of Rights.  Everything I wanted to do was legal by the 6th amendment! SEE: "A JURY CAN DO WHAT IT WANTS TO DO"    

NJWEEDMAN FREED INTO I.S.P. !

 

 

LATEST NEWS: DEFENSE TACTIC UP IN SMOKE

PHILADELPHIA WEEKLY 4/17/2002

Despite warnings from state officials not to speak to the press, the Weedman will not go quietly.

On April 3 Ed Forchion--aka the New Jersey Weedman, a marijuana legalization advocate who made headlines by lighting up at the Liberty Bell and on the floor of the New Jersey State Assembly, among other public places--was released from Bayside State Prison in Leesburg, N.J.  Forchion won early release from a 10-year drug-trafficking sentence as part of the state's Intensive Supervisory Parole program.

Despite his release, Forchion refuses to give up the fight to put New Jersey's drug laws on trial using a legal technique called jury nullification, which allows jurors to refuse to convict if they believe the law in question is unfair or unconstitutional.

Forchion's saga began five years ago when he was arrested for receiving a Federal Express shipment containing 40 pounds of marijuana.  Facing a 20-year prison sentence, Forchion became a high-profile advocate for legalizing pot, risking additional prison time while awaiting trial by lighting up in public places in what he calls acts of civil disobedience.

The Camden County Public Defender's Office disavowed the case after refusing to invoke the jury nullification defense--telling Forchion it was illegal for an attorney in New Jersey to inform a jury of its right to question the state's drug laws.  Forchion defended himself and eventually accepted a plea bargain that would combine all the pending charges against him: the '97 FedEx bust as well as assorted arrests for possession while awaiting trial.

In December 2000, just before reporting to prison, Forchion filed an appeal asking for a retrial and made a formal request to the courts for the transcripts of his trial and pre-trial hearings.  Forchion claims the transcripts were withheld until April 1, 2002--two days before his release from prison.

He is now awaiting word from the Third Circuit Federal Court of Appeals ( Docket No.- 01-3171 ) about his retrial, and if he gets it, he says he will again try to put the state's marijuana laws on trial through jury nullification.

"The whole trial was a mockery," he says.  "My constitutional rights were withheld because I was talking about marijuana.  I want to try and enlighten as many people as possible about jury nullification--it's a powerful we-the-people weapon.  The war on drugs is being waged against the people of this country, and this is how we can fight back."

  

While I was in prison I still received some media attention, please click on the following link to read some of them:

News Stories while in Prison

 

 

 

FUCK!!!!

NOW STATE OFFICALS HAVE ORDERED ME TO SHUT-UP!

(5/20/2002)

_______________________________________________

 

My I.S.P. officers have now ordered me not to talk to the Press or about marijuana!! This is absolutely unbelievable, this is still America whether I have been convicted of a crime or not I’m entitled to “FREE SPEECH” and no government official can threaten to put me in prison for speaking so in no-way will I abide by such a “illegal” order.

 

 

THE STATE FOLLOWS THRU ON ITS THREAT!

WEEDMAN CENSORED AND JAILED

(CLICK ICON)

FINALLY WHILE I’M JAILED FOR TALKING ABOUT MARIJUANA MY APPEAL OF THE ORIGINAL CONVICTION IS FILED PLEASE CLICK ON ICON BELOW TO READ THE ENTIRE BRIEF:

CONSTITUTIONAL CHALLENGE!