Updated ( May 99)
| KIDNEY 4 SALE
MY ORGAN 4 RENT |
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KIDNEY 4 SALE
I'm in this alone, just as I will be in a jail cell alone. I tried to solicit the help of others no no avail, in fact at one point I thought I met some-one who was to help ( Larry Hirsch ) but he was just helping himself. James Dawson was
about the only person really willing to help me. He created my
web-page, and encouraged me to learn html. My family doesn't have
the money to help. I know I'm not going to cooperate with the
Public Defenders Office because they have already refused to defend me.
And in fact are hindering my case. This is why even though, in my heart
I despise the legal profession. I must admit I do need some help with
documents and procedure's. This is why I'm attempting to sell my kidney.
MY ORGAN 4 RENT "MY
ORGAN (Penis) is for rent also"
P.S. -- Prostitution should be legal too, so if any women wants to pay me for service's I'd be happy to take your cash. My only 5 requirements you be a female, pay in cash, you be disease free & I wear a condom, and I perform no oral. (That's my version of safe sex)
And some of course will have to pay more! UPDATE
4-5-00 So far very few women have taken me up on my blatent
promotion of Male
prostitution on the Internet. I'm even surprised that the State Police (Idiots) who try to regulate our
bodies and enforce so-called morality haven't arrested me yet, for prostitution. I'm for real!
This is my body If I want to have sex with fat women, for cash tough shit! Arrest me, I'll see you at trial! Can you imagine my arguement at trial to my jury. - " people of the jury this is my body and I love to have sex with fat women, unforunatedly my wife isn't fat so I didn't as a way of making cash and to enjoy myself to operate a male sex service castering to big women, "SHOULD I BE IMPRISONED" for that, I'm providing a obviously wanted service. That would be a truely a Jury Nullification
arguement. |
| Commercials |
| With these commercials I would
be openly advocating Jury Nullification, and tell the true facts about
marijuana, and how this "WAR" on "us" is a violation of the BILL of
RIGHTS. As a candidate my equal access to airtime is law. |
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I briefly thought of doing a "McVeigh", the Camden
County Prosecutors Office is my more vulnerable than the Federal
Building in Oklahoma City. On Dec., 19th 1997 just 3 weeks after I was
arrested the Dea petitioned the (HHS) Health and Human Service's
department to reschedule Marijuana to it's appropriate schedule.
DEA PETITIONS to reschedule Marijuana - reschedule would make it legal. Additional Info : DEA does petition for marijuana reschedule But
instead in keeping with my peaceful self. I turned to the
internet, and the Constitution for help in saving I and I's family" . I
know though-out history the only way major change has ever happened in
this country is thru BLOOD-shed, but I surely don't want to bleed and
don't want to make anyone else. In fact this is probably one of the
reason's marijuana user's are so persecuted, were to peaceful!
Immediatedly after my arrest, I was mad. I still am. I'm mad that my life, and my childrens life's are now ruined or seriously hampered because of what I freely chose to put in my body. The law is a flatout lie and my life is being ruined in support of this lie. I will probably never have a driver's license again. That was the main source of my income. Loss of a driver's license's and poverty go hand in hand. The law has poverty struck me not marijuana. I will be forever labeled a criminal, for preferring marijuana a natural substance over man-made chemical products. And forever denied good jobs. This is why my once's secretive approach to the marijuana prohibition is now so open. I have nothing to lose It's already lost.The law made me a loser. That's why I say "Fuck the law!" "I'm just fighting back, fighting for my life in a way most people don't even realize is available, "Jury Nullification is a constitutional way to end oppressive laws". - With a Jury, advocating Jury Nullification." Immediatedly after I was arrested Nov 24th, 1997- Linda Holden, mother of Ajanea stopped letting me see our daughter. I had to go to court to see my daughter, Judge Schlosser Dec 18th, 1997 ordered Linda not to with-hold visitation again. The Judge told Linda I'm charged with a crime not convicted, and either way I had done nothing to harm my child. So for about six months she followed his order, then in June 1998 because of my candidacy she stopped allowing me visitation. Linda actually presented to the court, a signed afividavit saying that she never knew about my marijuana use. (perjury by women in family court is overlooked- ) Eventually between Judge Schlosser's non-action and Judge Bells rulings, my visitation was taken to the delight of Linda. I have not seen my daughter in over a year. Linda is spiteful, and vindicative and has used our daughter to get even with me, the courts because of my open advocation of marijuana legalization has allowed this to happen. The first amendment means nothing anymore. The loss of my daughter Ajanea has been the greatest lost of all. But I know what goes around comes around, oneday Linda will get her's. My child has been taken because I have decided to fight my charges with a open advocation of Jury Nullification. My public statements were designed to increase public attention on my upcoming trial. I was hoping this media attention would generate information about Jury Nullification and thusly create a situation where the jurors on my case could really make a difference in this absurd, unconstitutional "WAR on DRUGS". I needed to create a public statement. Now the courts have allowed Linda to sucker punch me by with-holding my child because I openly say I use marijuana. To me I'm trying to save my life. This is a low blow. I don't smoke with my children, I'm not a tobacco addict so I'm not forcing any-one to inhale my second hand smoke. Linda had no problems with my GANJA smokin when I lived with her Hairy Ass. Most of my friends who didn't smoke but always knew I smoked, now treated me like the plague. FEAR of the GOVERNMENT . The one's who where involved in the -SJCBC- did as we agreed upon before hand, stopped associating with members facing charges. The government force's people to rat on other's. The technic's and tactic's of communistist countries police force's and secret police are now fully employed here in the USA - by our drug warriors in this DRUG WAR. In New Jersey the state police have a 1800 #, hot line number to snitch on fellow ctizens. County, State and Federal police force's have vast snitch networks, just to stop people from useing marijuana. Sometimes they come by and deliver a little weed, so I know things are still functioning. And rightly so. The Government is powerless to stop the flow or demand for GANJA. The only thing the government can do is destroy individauls they do catch. I lost my house, one of my children, my truck and all of my savings. The law did this, not marijuana. I've been using marijuana to enhance my life for 20 years, never, not once have I had a problem with marijuana, the only problem has been the occasional drought, and avoidance of police. Now I'm faced with the lost of my freedom for close to 30 years. On my indictment -# NJ10-98-3596, the state lists itself as the victim. What has the state lost, what harm become's to the state because people like me choose to use marijuana. I declare I'm the victim in this case. The state of New Jersey in trying to enforce unconstitutional laws that seek to regulate the intake of citizens bodies, has attacked and victimized me, a citizen who freely choose's to use Marijuana - a safe 100% natural substance's grown by " GOD". Despite all of this, I ran for Congress, and camden County Freeholder under the Legalize Marijuana Party, in 1998. Generating a lot of media attention by engaging in civil - disobedience such Smoking two Joints in Congressman Rob Andrews office ( Protest ) , writing letters the the editor's ( Courier Post ) , commentary page's ( Inquirer ) and Federal Lawsuits . I received a total of 3,200 + votes. No where near the amount of potheads in the area. I'm not discouraged though, most people didn't even know I was running my protest candidacy. I'm on the 1999 ballot for New Jersey state Assembly as well as the Camden County Freeholder's board. I'm going to run for something every year until I'm either incarcerated or Marijuana is legal. Whether I'm
imprisoned for life (30 years is life to me -I'm only 35) or not, it
will not change the postive effects marijuana has had on my life. It
will not change my desire to smoke it, or my opinion of it. It won't
stop the flow of marijuana. The law is wrong not me. This is my body.
The day I'm released I hope some one meets me at the prison gate with a
joint! *** I'm
serious - please if I'm incarcerated when I get out please some-one
have a joint for me. I will never change my opinion on marijuana
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A lot of people
think I'm going to prison for a long time. If so a jury will have to
put me there. I want a jury to decide if what I did, nothing- was
wrong. I should go to prison for twenty years. John T Wynne the
Asst Prosecutor, has already indicated he will object to every attempt
I make to introduce JURY NULLIFICATION to
my jury. I don't believe in Camden County a overwhelmingly democratic
county that 12 people will unanimously agree that marijuana isn't a
medicine or is dangerous. I will ask them if anybody should go to jail
for marijuana. I'm going to be openly advocating JURY NULLIFICATION, I
will be click here begging the jury to ignore the law and acquit
the law is wrong. I'm the first person charged under this silly
law, so the state will try to make an example out of me, and I will try
to challenge the law itself. Because the law is new, it is subject to
constitutional challenge's. One of the reasons in 1998 I ran for office
(CONGRESS and County FREEHOLDER) was for my potential jurors to hear me
and my issue's. Maybe one of the 3200 citizens that voted for me will
be picked for my jury, maybe they will keep their mouth shut and
acquit. I only need one. This year 1999 I again have gotten onto the
Nov. ballot for both NJ State assembly (8th dist) and again Camden
County Freeholder.
UPDATE: I RAN 4 CONGRESS & BURLINGTON COUNTY FREEHOLDER in 2000 I received 1983 votes in the first dis which is primarily in Camden County. I also received 2706 votes from Burlington County, for a total of 4600 votes. I LOVE MY COUNTRY, BUT FEAR MY GOVERNMENT!
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UPDATE - NOV 30
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ACCORDING
TO THE US SUPREME COURTS MIRANDA DECISION, anything a
defendant say's and does can and will be used against him at trial.
-- Knowing this I made a point of saying and doing things in public.
Click on the link below to see some of the stories. I wished to present
all of these issue's to my jury, by using the miranda decision to my
advantage. - See Miranda
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Marijuana
advocate readies for his trial
http://www.phillynews.com/content/inquirer/2000/09/19/south_jersey/jforchion19.htm Despite a judge's order, Edward Forchion plans to bring up jury nullification. Jury selection is to begin today. Barred from trying to convince
a jury that the government's marijuana laws are unconstitutional,
Edward Forchion - an advocate for the legalization of marijuana who is
to go on trial this week on a charge of conspiracy to distribute 40
pounds of cannabis - has vowed to press on anyway.
Yesterday, Judge Stephen Thompson of Camden County Superior Court reaffirmed another judge's ruling to bar Forchion from introducing the concept of jury nullification to his jury. John Wynne, assistant prosecutor, successfully argued that, although a jury has the power to nullify a law, the right should not be advertised. Jury selection is to start today for Forchion, 36, of Browns Mills, in a case that stems from a 1997 arrest in Bellmawr. If convicted, he could face up to 20 years in state prison. He has been out on bail since his arrest. He said yesterday that he would try to use jury nullification despite the judge's order. "This is a nightmare for me," Forchion said. "I'm hoping I get a jury that understands and sees how ridiculous these laws are." Police say Forchion and his brother, Russell, arranged for a large shipment of marijuana from Arizona to the Bellmawr Industrial Park. Eric Poole, who signed for the Federal Express delivery, also was arrested. Poole and Russell Forchion pleaded guilty to lesser charges and served short sentences. According to court documents, Russell Forchion testified that he and his brother had helped arrange the delivery. Edward Forchion, who used to maintain an apartment in Tucson, Ariz., when he was a cross-country truck driver, said that he had no part in arranging the shipment and that he had never sold drugs. In the past, he has acknowledged doing some eccentric things to make his point that marijuana laws are unjust. Calling himself "NJweedman," he has fired up marijuana cigarettes in the chambers of the state legislature, in front of the Liberty Bell, and in the offices of U.S. Rep. Rob Andrews (D., N.J.). He also has entered politics and is running for Burlington County freeholder and the First District congressional seat on the issue of changing marijuana laws. Forchion said he equated laws on drugs to statutes that affirmed slavery. "I know the truth," he said. "It's a stupid law, so I plan on continuing to openly advocate marijuana." He said he took satisfaction in the fact that a few elected officials have begun talking about the need to decriminalize marijuana, among them independent Gov. Jesse Ventura in Minnesota and Republican Gov. Gary Johnson in New Mexico. On a personal level, Forchion, who is a Rastafarian, said marijuana laws violated his freedom of religion. He said smoking marijuana played an important role in his worship. Beyond religious grounds, Forchion said, it is wrong to criminalize marijuana when other drugs, such as alcohol and tobacco, are legal. "The difference is tobacco is the product of rich, white men, and so it goes untouched by the government," he said. - Marijuana maverick begins defense at trial http://www.phillynews.com/content/inquirer/2000/09/20/south_jersey/jforchion20.htm Edward Forchion, accused in a 40-pound drug deal, said he was like Rosa Parks. He refused a plea offer. By Aamer Madhani INQUIRER SUBURBAN STAFF With an opening statement in which he compared himself to Rosa Parks and discounted the merits of marijuana laws, Edward Forchion - a self-described eccentric advocate of legalizing cannabis - began his defense yesterday against charges that he conspired to distribute 40 pounds of marijuana. The first day of Forchion's trial in Camden County Superior Court started with a juror's being excused after a teary episode. She told the judge that she could not be part of a decision in the case, according to Forchion. Forchion, 36, of Browns Mills, told the jury that he had smoked marijuana in the morning as well as at lunch. After the proceedings, he showed reporters a marijuana cigarette that he had in the front pocket of his jacket. Forchion, acting as his own counsel with lawyer Jaime Kaigh of Cherry Hill advising, wore a khaki summer suit and T-shirt with a marijuana theme that bore the message, "I love my country; I fear my government." He told the jury that when Parks refused to give up her seat on a segregated bus in Alabama in 1955, she disobeyed the law because it was the right thing to do - and that he, too, was a pioneer for what was right. He turned down a last-minute plea offer from John Wynne, a Camden County assistant prosecutor, even though his wife, a cousin and Kaigh urged that he accept it. Under Wynne's offer, Forchion would have been eligible for parole after 33 months. If convicted, he could face up to 20 years in state prison. In his opening statement, Forchion asked the jury to invoke its power to nullify the law under which he was charged - even though two Superior Court judges had affirmed the prosecution's request that he not be allowed to advertise the concept. As Forchion was finishing his statement, he said he was surprised that Wynne had not objected to his bringing up the nullification power. Judge Stephen W. Thompson interjected, "So am I." Wynne declined to comment. Forchion is accused of hooking up his younger brother, Russell, with a marijuana supplier in Arizona in October 1997. The supplier was to sell Russell Forchion about 40 pounds of marijuana for $20,000, authorities said. The shipment was delivered to the Bellmawr Industrial Park via Federal Express. Shortly after picking up the marijuana, Russell Forchion was arrested as he drove away from the laboratories, authorities said. His brother, who was driving behind him, was also arrested. Russell Forchion pleaded guilty to a lesser charge in 1998 and agreed to testify against his brother. Russell Forchion testified reluctantly yesterday, changing his earlier statements to police and earlier testimony that he had bought his brother a plane ticket to Arizona to broker the deal, and that his brother had arranged the hook-up. "All I said is that he went to Arizona, and [another man] made the arrangements," Russell Forchion said. Edward Forchion said that he had flown to Arizona to visit his girlfriend, who was pregnant with his child at the time. When the package did not arrive on the day it was supposed to, Edward Forchion said, he advised his brother not to pick it up because police had likely caught on to the plan. Forchion, who has been out on bail since his arrest, is running for Burlington County freeholder and for the First District seat in the U.S. House on the Legalize Marijuana ticket. -- Marijuana maven accepts plea agreement 'for my kids' http://www.phillynews.com/content/inquirer/2000/09/21/south_jersey/jforchion21.htm The legalization advocate conceded his role in a drug deal. He got a light term and time to talk with jurors. By Aamer Madhani INQUIRER SUBURBAN STAFF After refusing several plea offers that he said would compromise his principles, a South Jersey advocate for legalizing marijuana agreed yesterday to a lesser charge. In exchange for a light sentence and one more chance to address the jurors, he admitted to introducing two parties to a $20,000 cannabis deal. Yesterday would have been the second day of his trial. "I did it for my kids," Edward Forchion said of the plea agreement as he left Camden County Superior Court yesterday. "But I still believe what I believe." Forchion, 36, of Browns Mills, is a candidate for the U.S. House and the Burlington County Board of Freeholders on the Legalize Marijuana ticket. He was brought to trial on charges of conspiring to distribute more than 25 pounds of cannabis - specifically, 40 pounds of marijuana from an Arizona deal. Had he been convicted, Forchion faced up to 20 years in prison. Instead, he pleaded guilty to possession with the intent to distribute and conspiracy to distribute more than five pounds of marijuana, both second-degree offenses, and could spend as little as six months in prison. Once released, he could be tested for drugs at any time, said his legal adviser, Jaime Kaigh. Forchion acted as his own attorney during the proceedings. Forchion said he had a difficult time accepting the plea and did not make a final decision until arriving at the Camden County Hall of Justice yesterday morning. A Rastafarian, he said he smoked marijuana for religious reasons, to relieve back pain, and to help him deal with chronic depression. Since the mid-1990s, Forchion, a former cross-country truck driver, has been an outspoken advocate of legalizing marijuana, and he acknowledges that he has done some outlandish things in an attempt to get his point across. He has been cited for lighting marijuana cigarettes in the legislature's chambers and the office of U.S. Rep. Rob Andrews. He told the jury during his opening statement Tuesday afternoon that he had smoked marijuana before coming to court that morning and had smoked again during the lunch break. Forchion acknowledged in court yesterday that he had introduced his brother, Russell, to a marijuana supplier in Arizona and had flown to Tucson on behalf of his brother in October 1997 to seal the sale of the marijuana. The shipment was delivered to the Bellmawr Industrial Park via Federal Express. Shortly after picking up the marijuana, Russell Forchion was arrested as he drove away from the laboratories, authorities said. His brother, who was driving behind him, was also arrested. A third man, Eric Poole, who signed for the package, was convicted of a lesser crime. Russell Forchion, who had agreed to testify for the prosecution, served about five months in prison before being placed on intensive supervisory parole. Edward Forchion is free on $65,000 bail until his sentencing on Dec. 1. Before the proceedings began Tuesday, Assistant Prosecutor John Wynne offered Forchion a deal in which he would have spent 33 months in jail. On Tuesday night, Wynne called Kaigh and offered Forchion a sentence in which he might have to serve only six months in prison and then be placed on intensive supervisory parole. Wynne said he thought the sentence was just, considering that Forchion had a lesser role in the conspiracy than his brother. Forchion's defense strategy was to persuade the jury to invoke its power of nullification, by which a jury can set aside the law out of sympathy for a defendant. He pursued that strategy even though two Superior Court judges had affirmed the prosecutor's argument that the concept of nullification, although available for a jury's use, should not be advertised. In his opening statement, Forchion still talked to the jury about the power. To the surprise of him and Judge Stephen W. Thompson, Wynne did not object. Wynne said yesterday that he had not objected because "it wasn't hurting me. I think he was hurting himself." Forchion also pleaded guilty to possession of a stolen item, a two-barrel shotgun, in an unrelated Ocean County case, and he pleaded guilty to theft for swiping a $500 bet he lost off a table at the Trump Taj Mahal Casino Resort in Atlantic City. Both of those indictments date from 1996, and the sentences will be consolidated with the drug charges. In a departure from typical court proceedings, Thompson allowed Forchion to address the jury after he entered the guilty plea and ask the 13 citizens if they saw any merit in his argument that the government's marijuana laws were wrong. "It is highly unusual, but everything about this case has been unusual," Thompson said. Several jury members told Forchion that they felt for him and understood his cause. One juror even encouraged Forchion to continue fighting for his cause when he is released from prison. But the jurors also said that they did not understand how his belief that marijuana should be legalized related to the charges he was facing. "There is a right and a wrong way to do things," one juror said. -- LOOK WHO'S STILL ON THE BALLOT -- Voters in
Burlington County and the First Congressional District will have the
opportunity to vote for Legalize Marijuana candidate Edward Forchion
even though he may be headed to jail.
Forchion pleaded guilty last month to arranging a deal for 40 pounds of cannabis. Two days after his guilty plea he was arrested in Strawberry Mansion after buying three ounces of marijuana. He said the Philadelphia arrest was "a sign from God" that he should not have pleaded guilty, and he asked the Public Defender's Office in Trenton to enter a motion to withdraw his guilty plea. Forchion, who acknowledges he does not have a chance of getting elected, wanted to remain on the ballot to draw attention to his issue but feared the guilty plea would prevent him. But the State Attorney General's Election Division ruled Forchion is eligible to stay on the ballot until he is sentenced. That isn't scheduled until December. CAMDEN - Ed Forchion admits he
likely won't be elected a county freeholder or congressman, but he
considers himself a winner nonetheless.
His trial in state Superior Court here on charges of conspiring to distribute 40 pounds of marijuana ended Wednesday after Forchion pleaded guilty to lesser charges. Forchion, 36, of Pemberton Township, pleaded guilty to charges of conspiracy to distribute marijuana and possession of marijuana with intent to distribute. He also pleaded guilty to charges in two unrelated cases. In exchange, he received a sentence under which he could spend as little as six months in prison and be subject to supervised parole for up to 27 months. Had he been convicted of the more serious distribution charges, Forchion could have been sentenced to more than 20 years in prison. Forchion will be sentenced on Dec. 1, well after voters decide whether he should serve on the Burlington County Board of Freeholders or represent the 1st District in the U.S. House of Representatives. Forchion is running in both races on the Legalize Marijuana Party ticket. "I pleaded guilty but I feel like a winner," Forchion said. "(Prosecutors) offered me so much, (but) they wouldn't just drop the charge. They didn't want me to win this case on jury nullification." Forchion's defense strategy was jury nullification, when a jury decides not to enforce a law out of sympathy for the defendant. Forchion, a former truck driver who has been an outspoken advocate of legalizing marijuana, was charged with helping his brother and another man pick up a shipment of 40 pounds of marijuana at the Bellmawr Industrial Park on Nov. 24, 1997. The marijuana was shipped from Arizona via Federal Express. Russell Forchion and Eric Poole pleaded guilty to lesser charges and served short jail terms. "To be consistent and fair, this was a responsible plea," said John Wynne, a Camden County assistant prosecutor. An observer of the Rastafarian faith, Forchion has said he smokes marijuana for religious reasons as well as to help ease back pain. While Forchion conceded he is not likely to win at the polls this year, he believes voters can cast ballots for him to protest the country's marijuana laws. Wynne said Forchion is permitted to remain on the ballot. His conviction won't be official until he is sentenced, and that will be after the election. In addition to the marijuana charges, Forchion also pleaded guilty to possession of a stolen shotgun in Ocean County (i bought it) and stealing $500 worth of chips from a table at the Taj Mahal casino in Atlantic City. ( I took my bet back) The charges, which date to 1996, will be consolidated with the drug charges, Wynne said. Forchion ran unsuccessfully against incumbent U.S. Rep. Rob Andrews, D-1st of Haddon Heights, in 1998 on The Legalize Marijuana Party ticket. He also ran unsuccessfully last year to represent the state's 8th Assembly District and for the Camden County Board of Freeholders. Third-party candidate Ed
Forchion spent part of the campaign season behind bars, and he expects
to return there soon. He can't hold elected office, since he'll be
sentenced in December for shipping 25 pounds of marijuana to New
Jersey. He pleaded guilty to the crime on Wednesday.
But Forchion still hopes residents will support him in November when he seeks a seat on the Burlington County freeholder board and a seat in the U.S. Congress from the 1st District. Forchion, who is running on the Legalize Marijuana Party ticket, says a vote for him will be a vote against anti-marijuana laws. "Me running for office is just giving other people the opportunity to participate in my protest," said Forchion, 36, a Rastafarian who says he uses marijuana for religious reasons, to alleviate back pain, to clear his mind and to boost creativity. "I would love to get 5,000 or 10,000 people to vote for me. It would be a symbolic thing." Forchion, who calls himself "the Weedman," was arrested in Belmar in November 1997 on charges he was involved in arranging for and picking up a shipment of 25 pounds of marijuana that came from Arizona to New Jersey, said John Wynne, a Camden County assistant prosecutor. Another 15 pounds of the drug was found in Forchion's brother's van as the two drove away from the pickup spot, Wynne said. He said Forchion faced up to 20 years in prison, 10 without parole. But under the plea bargain Forchion accepted Tuesday, he will serve up to 10 years, with his first chance for parole after two years. If a panel of judges accepts Forchion into an intensive parole program that could include home visits, curfews and daily drug testing, Forchion could spend as little as six months in jail, Wynne said. Similar deals were given to two other defendants in the case -- Forchion's brother, Russell, and Eric Poole. By agreeing to the deal, Forchion will also dispose of several other charges against him: that he possessed 15 pounds of marijuana in Collingswood this year, and that he stole money off a gambling table in an Atlantic City casino and bought a gun he knew was stolen in Lakewood, both in 1996, Wynne said. Those weren't Forchion's only run-ins with the law. The former truck driver has been arrested several times for smoking joints during public protests, once during a session of the state Assembly. Forchion, who took the plea deal on the second day of his trial, said he couldn't resist the agreement. "I pleaded guilty, but I feel like a winner," said Forchion, who is free on $65,000 bail. "It was so close to total victory that I feel good about it." In addition to sparing himself serious jail time, Forchion, who acted as his own lawyer, got his chance to address a jury on the subject of marijuana laws. He asked the jurors to put the laws on trial, finding him innocent if they decided the policies were unethical. His main argument was that the government has wrongly classified marijuana as one of America's most dangerous drugs, claiming it has a high potential for abuse, has no acceptable medical use and is considered unsafe. Since 1996, he said, eight states have at least partially rejected those beliefs by making marijuana legal when prescribed for medical use. "The law is a lie, and it is being enforced," said Forchion, who had planned to call witnesses, including a university professor and a state chemist. "I want to present the truth." Wynne admits that Forchion's defense strategy prompted him to offer a fairly lenient deal. "He was representing himself, and when that happens, sometimes juries feel sympathy because's he's not a lawyer," Wynne said. As part of the deal, Forchion was allowed to speak to the jury again before they were dismissed. He says he polled jurors and found that at least five of them were on his side. "I would have got a hung jury," he said. But Wynne says it's unlikely jurors would have disregarded the facts and found Forchion innocent. He said they seemed concerned that the marijuana could have ended up in the hands of children if Forchion sold it. Forchion, who is married and has four children, says he will do what he can to keep his time in prison to a minimum, including taking a break from smoking marijuana during his probation. But he isn't promising to give up the drug forever. "I have always felt like I, and I alone, control my body," he said. "By me signing this plea, I am giving up my right to regulate my own body. When I get that back, I probably will use marijuana again." MOUNT HOLLY -- Last month, Ed
Forchion felt like a winner when he accepted a reduced jail sentence in
exchange for admission that he helped smuggle 40 pounds of marijuana
into New Jersey.
Since then, he has begun feeling more like a hypocrite who took a bribe. So Forchion, a candidate for a seat on the Burlington County freeholder board, says he plans to back out of the deal. The 36-year-old Pemberton Township man, who is running on the Legalize Marijuana Party ticket, says he isn't comfortable pleading guilty because he doesn't believe it should be a crime to smoke marijuana -- which he says he uses in his Rastafarian religion -- to alleviate back pain, clear his mind and boost creativity. Forchion had intended to argue that the jury should find the law flawed and acquit him. The protest candidate, who expects to get only about 1,000 votes in November's election, says he's ready to make that argument before a jury again, even though he has already lost his home, his trucking business and even a custody battle over a daughter because of his activism. Besides being charged several times for smoking marijuana during protests, he was arrested on charges he bought the drug just three days after he signed his plea agreement, something he took as a sign from God that he should pursue his beliefs. "I am a patriot," said Forchion, a married father of four who is free on $65,000 bail. "When people start allowing the government to treat you unfair, it spreads. That's why we have the situation we have now with the war on drugs." But it may not be that easy for Forchion to pull out of the deal. Camden County Prosecutor Lee Solomon said Forchion will have to convince a judge to void the deal by proving that his agreement was not voluntary, or that he was not adequately represented by an attorney, Solomon said. He said those arguments will probably be heard on Forchion's scheduled sentencing date, Dec. 8. Forchion expects to have no problem proving he was not properly represented. Forchion, who was going to act as his own lawyer, says he was entitled to help from the public defender's office but didn't get full cooperation. Jeff Beach, a spokesman for the New Jersey public defender's office, said that was because Forchion insisted on a jury nullification defense, meaning he intended to ask the jury to acquit him because they found applicable drug laws unreasonable. Jury nullification is not considered an acceptable defense in New Jersey, and Judge Stephen Thompson ordered Forchion not to pursue it, Beach said. As a result, he said, public defender Jaime Kaigh was not able to comply when Forchion asked him to subpoena certain witnesses and submit a motion asking the judge to allow the jury nullification defense. Kaigh deemed one witness ineligible as an expert because he was going to testify that marijuana has been wrongly classified as one of the most dangerous drugs by the U.S. government, Beach said. If Forchion is allowed to withdraw his plea, Solomon said Camden County will be "happy to try him" on charges he was involved in arranging for and picking up a shipment of 40 pounds of marijuana that came from Arizona to New Jersey in 1997. Forchion could face up to 20 years in state prison, at least 10 without parole. Under the plea bargain, he would serve up to 10 years, with his first chance for parole after two years. If he was accepted into an intensive parole program under the deal, he could spend as little as six months in jail, a Camden County assistant prosecutor has said. While Forchion says he doesn't expect to be acquitted, he feels certain he would end up with a hung jury after making his arguments. He says he was allowed to poll jurors before his trial was called off last month and found that at least five of them were on his side. Assistant prosecutor John Wynne disagreed, saying jurors seemed worried that the marijuana Forchion is accused of smuggling could have ended up in the hands of children. Forchion said the marijuana would have been sold to friends, and while it might have reached a few children, it would not have been marketed specifically to youngsters by drug pushers standing on street corners. He said the government could stop those who do sell marijuana to schoolchildren by legalizing the drug and regulating the way it is sold. "It should be in stores," he said. "The government creates the black market." CAMDEN - Ed "njweedman"
Forchion is attempting to withdraw his guilty plea for conspiring to
distribute 40 pounds of marijuana.
Forchion, 36, a Pemberton Township resident who is running for Burlington County Freeholder and Congress on the Legalize Marijuana Ticket, pleaded guilty to lesser charges last month during his trial in state Superior Court here. However, Forchion has filed papers Oct. 11 to withdraw his plea, saying he agreed to it "in a moment of extreme anxiety and temporary loss of my faith." An observer of the Rastafarian faith, Forchion has said he smokes marijuana for religious reasons as well as to help ease back pain. He said he realized that entering the plea was wrong when he was arrested several days later after buying three ounces of marijuana in the Strawberry Mansion section of Philadelphia, he said. "I immediately knew I had made a mistake, and two days later God sent me another sign that my mission to free the herb was not complete and I had diverted from His mission," Forchion said. "The plea was not what God had intended of me." Assistant Camden County Prosecutor John Wynne said he would argue against allowing Forchion to withdraw the plea. A decision on Forchion's motion is likely before Forchion is sentenced in early December. "There is nothing in the motion that would be grounds for a withdraw of the plea," Wynne said. Meanwhile, Forchion's name will remain on the Nov. 7 ballot in both the freeholder and First Congressional District races. Forchion pleaded guilty to charges of conspiracy to distribute marijuana and possession of marijuana with intent to distribute and to two unrelated cases. In exchange, he received a sentence under which he could spend as little as six months in prison and be subject to intensive supervisory parole (ISP) for up to 27 months. Had he been convicted of the more-serious distribution charges, Forchion could have been sentenced to more than 20 years in prison. Forchion's defense strategy was jury nullification, in which a jury decides not to enforce a law out of sympathy for the defendant. It was, however, a strategy the lawyer assigned to assist him in the trial refused to allow him to use, said Forchion, who represented himself in the case. Forchion was assisted by Jaime Kaigh, a Cherry Hill attorney who was assigned to Forchion through the state Office of the Public Defender, department spokesman Jeff Beach said. "I felt I was getting an unfair trial in the first place," Forchion said. "I got more leeway than I thought I would get, but I wasn't getting a fair trial. I wanted to present the truth, that the law (against marijuana use) is wrong." Beach said the defense strategy was barred by the judge prior to the start of the trial. "We offered what help we could, but we can't go in and argue the issues Mr. Forchion would like us to argue," Beach said. "Where he wanted to go, we can't go there with him." Forchion, a former truck driver who has been an outspoken advocate of legalizing marijuana, was charged with helping his brother and another man pick up a shipment of 40 pounds of marijuana at the Bellmawr Industrial Park on Nov. 24, 1997. The marijuana was shipped from a marijuana supplier in Arizona via Federal Express. Russell Forchion and Eric Poole pleaded guilty to lesser charges and served short jail terms. Forchion ran unsuccessfully against incumbent U.S. Rep. Rob Andrews, D-1st, of Haddon Heights in 1998 on the Legalize Marijuana Party ticket. He also ran unsuccessfully last year for seats representing the Eighth State Assembly District and on the Camden County Freeholder board. |
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