ROBERT EDWARD FORCHION

P.O. Box 1302,

Browns Mills, N.J. 08015-1302

 

office of: N.J. Gov. James McGreevey

N.J. Capitol Building - Box 001



RE: I refuse to comply with L. 2003, c. 183, I will not surrender any DNA!

 

On September 22, 2003 Mr McGreevey as the Governor of New Jersey you signed L. 2003, c. 183 into law. This new, New Jersey Law L. 2003, c. 183 is clearly “unconstitutional” for it is inviolation of Article 1 Section 9 of the U.S. Constitution. This law is an Ex Post Facto Law.

 

Legal definition of a Ex Post facto law: a law that retroactively alters a defendant's rights esp. by criminalizing and imposing punishment for an act that was not criminal or punishable at the time it was committed, by increasing the severity of a crime from its level at the time the crime was committed, by increasing the punishment for a crime from the punishment imposed at the time the crime was committed, or by taking away from the protections (as evidentiary protection) afforded the defendant by the law as it existed when the act was committed. “Every law, which makes criminal an act that was innocent when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution. Calder v. Bull, 3 U.S. (3 Dall.) 386, 390 (1798); Ex parte Garland,

 

I have a right to dis-obey this new law. This law was passed long after I was convicted, thus this law can-not constitutionally be applied to me. Last year (ISP) the Intensive Supervision Program issued a illegal “gag order” on me, ordering me not to speak to the press or talk about marijuana both protected by the free speech clause of the 1st Amendment to the Constitution. ISP jailed me for dis-regarding it’s gag order. I spent 5 months in jail (Aug-Jan) in defense of the constitutional right of free speech. I again am willing to defend the constitution. We either have a Constitution or we don’t. I consider myself a foot soldier in defense of our Constitution and I will fight you over this violation and expect to be jailed.

 

"NO one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16th American Jurisprudence 2nd edition, Sec 177, late 2nd, Sec 256. "All laws which are repugnant to the Constitution are null and void." - Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803). “Where rights secured by the Federal Constitution are involved, there can be no rule-making or legislation which would abrogate them”. Miranda vs. Arizona, 384 US 436 p. 491- "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."  Norton vs. Shelby County, 118 US 425 p. 442

            It is clear to me that you signed this bill into law as another feel good legislation yet you’ve ignored the fact that this country has a Constitution which serves as the law of the law and all laws must conform to Constitutional standards. Even we prisoners parolee and probationers are protected by the Constitution. “prison walls do not form a barrier separating prison inmates from the protections of the constitution.” Turner V Safley, 482 U.S. 78, 84 (1987).

 

It is clear Constitutional Law that state Legislatures, shall not pass laws, after a fact done by a subject, or citizen, which shall have relation to such fact, and shall punish him for having done it. The prohibition considered in this light, is an additional bulwark in favour of the personal security of the subject, to protect his person from punishment by legislative acts, having a retrospective operation. If this Bill was directed at future convicts it probably would’ve passed Constitutional muster, but in its present form I’d bet it won’t.

 

The founding fathers of this country placed the Ex Post Facto clause in the Constitution to protect citizens from the very type of legislation you’ve just signed. Fortunately the Founding fathers also provided that citizens may challenge a law and thus the Constitution provides five separate tribunals with veto power – representatives, senate, executive, judiciary and a jury – that each enactment of law must pass before it gains the authority to punish those who choose to violate it.

 

I have presented my challenge to U.S. District Court (Camden) federal Judge Irenas, as a motion in case# 02-cv-4942, until this law passes the test of Constitutionality I will not provide any DNA (*including urine) to any government agency.

 

 

Respectfully submitted,

 

___________________________

Robert Edward Forchion, Jr

-aka- “NJWEEDMAN”

Sept. 23rd, 2003

 

 

CC:

Administrative Office of the Court: Administrative Law Judge, Judge Richard Williams

ISP Director, Harvey Goldstein-ISP officer, Shirley Lemmon

AOC counsel, Thomas Russo-DAG, Christopher Josephson

 

*URINE – I accepted urine testing for “drug purposes” when I was admitted into the ISP, I have surrendered urine for over a year with no problems but now the state has changed the rules and will be attempting to retrieve my DNA possibly from my urine per L. 2003, c. 183 thus I now refuse to surrender even this until a Judge decides the Constitutionality of  L. 2003, c. 183.