FROM: Robert Edward Forchion, Jr. 11/27/2003
P.O. Box- 1302
Browns Mills, N.J. 08015
TO: DIRECTOR of CODIS Compliance unit,
Division of criminal justice
Trenton, N.J. 08615
TO: Gov. McGreevey
RE: You and the Gov. can kiss my ass and retrieve my DNA from your lips!
In response to the letter dated Nov 25th (SEE: ATTACHMENT A) dropped off at my house on the 26th telling me I'm scheduled to give a DNA sample on Dec 2, 2003. "I won't be there". As I told Gov. Mcgreevey in a Sept 23rd, 2003 letter to him titled; "I refuse to comply with L. 2003, c. 183, I will not surrender any DNA!". ( SEE: ATTACHMENT B). Nothing has changed since that letter. The U.S. Constitution at Article 1 Section 9 forbids EX POST FACTO LAWS which this law surely is. I refuse to comply with this illegal act. At the time of my 12/1/2000 conviction no rule, law or statute mandated that I surrender DNA. It wasn't part of my plea bargain and I'm not agreeing to surrender my DNA. - KISS MY ASS! On Nov 20th, 2003 I appeared before the Judge Bookbinder and the ISP re-sentencing panel and I was ordered released on Dec. 3rd. At no time during this hearing was I ordered to submit to DNA sampling either, thus I won't and even if I was I wouldn't. It's a illegal/unconstitutional law that I refuse to comply with.
The Gov. and the stooges in the legislature may not care about the CONSTITUTION but I do. I'm willing to suffer the consequences for standing up in protection of the constitution in the face of these FACIST POLITICIANS who regularly ignore the protections of the Constitution and the principals of freedom this country stand on in enacting new laws. In the past I was arrested and held in the BURLINGTON COUNTY jail for "exercising my RIGHT to FREE SPEECH" in spite of directives of state officials that I not talk about MARIJUANA; ultimately winning my freedom in federal court.
To you state officials who probably couldn't spell CONSTITUTION I'm telling you I'm just as adamant about not allowing you to force an illegal - EX POST FACTO LAW onto me as I was in protecting free speech rights. "Its your move", but I warn you also there is a FEDERAL INJUNCTION in place ( FORCHION Vs BARTLETT, 240 2.d F.Supp 302) mandating that before I'm violated on ISP JUDGE IRENAS be contacted. I'd be happy to add you as defendants in a lawsuit have your ducks in order. Call Mr. Harvey Goldstein about this, he's the director/manager of the Intensive Supervision Program and now a defendant in my "FREE SPEECH LAWSUIT-FORCHION Vs BARTLETT, 240 2.d F.Supp 302". (Docket No- 03-cv-4942)
I've filed a new statute 1983 lawsuit against the state challenging this EX POST FACTO law, it is also before Federal District Court Judge Irenas as docket no.- 03-cv-5063. Contact Judge Irenas for the details. I've done urine analysis I'm not doing any DNA sampling, read Judge Irenas Nov.17, 2003 order carefully.
"One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law." - MLK, 1968
ROBERT EDWARD FORCHION, Jr.
U.S Marijuana Party Candidate for
U.S. 3rd Dist house of representatives.
P.S.- These correspondences will be also posted on the internet at: www.njweedman.com/dna.htm - see UPDATE
CC- Harvey Goldstein, Judge Bookbinder, Burlington County Times, Philadelphia Inquirer, Courier Post, Trentonian, Times of Trenton, Star-ledger, Bergen record and various other media outlets on the internet.