| EDWARD FORCHION WWW.TLMP.ORG - 1020 HANOVER BLVD. - BROWNS MILLS , NJ , 08015 - USsA Email njweedman@yahoo.com NOV 18th, 2000 JUDGE THOMPSON Dear Judge Thompson, Judge Thompson, please I ask you to allow me to withdrawal my plea agreement as I have motioned the court to allow me too. I know the consequence’s, I’m willing to accept as condition, of withdrawal that no more plea bargains be offered. - I always thought of Plea bargains as bribery by the state anyway. I truely wish to see my trial thru to a Jury decision. Since the day I accepted that plea I have regretted it, I feel, like a hypocrite for accepting the state’s bribery, and wish the court had taken my compliants about the PDO refusing to assit me with my defense seriously and truely wish to have my right to a Jury trial respected. The unfair trial position I was placed in contributed to my accepting the state’s bribery offer. Your honor I have a right to “legal assistance for defense” , since the beginning of my ordeal I have encountered problems with the Camden County Office of the Public defender refusing to assit me with my defense. All I want to do is present the truth to the jury, but the Public defender’s Office’s is more concerned with allowing the state to continue it’s lie’s. Micheal Freidman deputy director of the Public Defender’s Office has even confirmed this several times in letter’s I have made available to the court. - ( See attached letter’s from Public Defender’s Office) - FACT: I have a right to have legal counsel who Adamently and Zealously defend’s me or assit’s me with my defense, in my case the deputy director refuse’s to even accept that I have been granted the right to represent myself thru court order. - My right to represent myself in no-way infringes upon my right to assitance of counsel. - The only reason I motioned to the court to represent myself was because the PDO refused to assit me, in my defense, and continue’s to do so even now! Why does the public defender’s office refuse to assit me with my defense? It appears the public defender’s office is more concerned with protecting the unconstitutional law than protecting my constitutional right to a defense, or my constitutional right to challenge this law. Your honor I have every right to challenge a law, the marijuana laws are wrong. Your honor I know the role of the Judge is to be the referee of the case between the state and myself. The state is not the problem here it is the PDO - that is preventing me from preparing my case. I made this point to Judge Brown & Judge Freeman on several occasions. I don’t want to challenge the law with a panel of Judge at appeal, I wish to challenge it with my Jury. The jury is empowered to Judge law as well as evidence, but the public defender office refuse’s to assit me with a defense that openly encourages the Jury to use that power, THE PDO’s is denying me my right to a defense, because they know I’ll be acquitted. But because I wish to challenge the law the Public
Defender’s Office which is obligated to assit me
refuse’s to do so. I wish to challenge the law ,
your honor If I had money I would be able to pay an
attorney to assit me with this with no problem but the
state in arresting me ruined me finincially and now
I’m stuck with the public defender’s office. I
brought this to the attention of the previous
Judge’s as well. It seems my complaints even angered
Jaime Kaighe enough to ask the court to be relived of his
obligation to assit me. On the eve of my trial. The
public defender’s office refuse’s to assit me.
My right’s to a fair trial, to have compulsory
process for obtaining witnesses in his favor; and to have
the assistance of counsel in his defense have all been
violated, and the court has been made aware on several
occasion’s. Is there an official “drug
war” exemption to the Constitution? Are we under
Marshall Law (drug war laws) or is the Constitution still
the law of the land. The supreme court has
warned those whom intend to
usurp the protected Constitutional Rights of the
Citizens to wit: 2(c) 35- 10(a) - is flawed and unconstitutional for it is “VOID FOR VAGENESS” - it is a Bill of Attainer. VOID FOR VAGENESS I have no desire to accept a deal where I admit
to violating a unconstitutional law. - The law
2(c)35-10(a) -I’m charged with violating, violates
the American Doctrine commonly called “VOID for
VAGENESS” this doctrine requires legislatures to set
reasonably clear and specific standards in circumstances
where the grant of an unfettered discretion would lead to
arbitrary, discriminatory or otherwise unconstitutional
restrictions upon guaranteed rights, or impose
unnecessary inhibition upon the exercise of
constitutional rights. This law was signed on August 2nd
1997 your honor and I was the first defendant charged
with violating it, I have every right to challenge it.
This law directly infringes upon my constitutional
rights, to safety, freedom of religion, right to
regulate my own body per the ninth amendment. The state
deliberately attempts to keep marijuana, from citizens
despite knowing that marijuana is a known medicine,
sacrament and benificial substance. The PUBLIC Your honor this law was enacted out of the whims of politician’s with no sciencific fact or reasonable logic. This law fail’s to allow for the medicinal or religious use of the substance “marijuana” . For this the law is to vage in it’s arbitrary 100% restriction on the use of marijuana by member’s of some religion’s. This 100% restriction violate’s the US and NJ Constitution’s in that it infringes upon the religious freedom rights granted by both. Millions of people use marijuana for both medical and religious reason’s, 36 state’s have recognized marijuana’s medicinal value including NJ ("Controlled Dangerous Substances Therapeutic Research Act."L.1981, c. 72, s. 1, eff. March 23, 1981.) . 8 state’s have outright legalized marijuana for medical use, yet this newly enacted law deliberately fails to make provision’s for the religious, and medical use. (A) -I the defendant am a member of the RASTAFARIAN faith which use’s the substance marijuana for religiousas well as medical use. - This fact has been recognized by the US government in several case’s, I have repeatedlybrought to the courts attention , yet the public defender refuse’s to assit me in challegening the state’s contentionthat marijuana is a dangerous schedule 1 drug. - ( Includeing refusing to allow me to present expert witness’s who’s expert testimony would support my contention that the substance marijuana, in this new law is classified incorrectly. Scientific facts are being totally ignored, this is a political law, that seems to usurp the Constitution.US -vs- Bauer, 75 F. 3d. 1366 (9th CIRC. 1996) - The Court of Appeals three judge panel was unanimous that the defendants should have been allowed to present evidence of their religious use of marijuana at trial. (EXPERT TESTIMONY) 54 FED. REG. 53767, 53774 (1989). -- (B) If marijuana has no-medicimal value as the State of New Jersey Alledge's why does the federal goverment distribute marijuana to individuals under the 1978 Compassionate use Act. - Currently as I the defendant write this there are
individuals who use marijuana as a medicine and the use
is condoned by state and federal governments while
individuals like myself who also use marijuana
medicimally are arrested, have our children taken and
charged with conspiracy, possesion under so-called laws
like this I’m (C) - If Marijuana has no medicimal value why does the federal government license corporation's to produce synthetic versions of marijuana which they market as marinol, THC pills, etc., etc., synthetic Marijuana. It is plainly obvious that marijuana has medicimal value, that the State of New Jersey knows it, but for the unfettered, whims of politicians, and other irrational, unreasonable political reasons the NJ state politicians refuse's to amend current state law to reflect that the truth. This political decision to not tell the truth about marijuana has effectively placed me in the position I'm in now fighting for my life based on a NEW law which is a outright obvious lie. The law say's marijuana is a schedule 1 drug having no medicimal value and the possesion or use of it is 100% illegal.- This is BULLSHIT! It’s a lie, why should I be imprisoned for a lie. I have a right to present the truth your honor but the state public defender’s Offoice refused to assit me in doing so. NJ Constitution Article 1, (6) - Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. 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 (D) - Prosecution of a citizen for practicing and following his belief's are a violation of the US and NJ constitution's.
BILL OF ATTAINER In 1996 I happened upon a phrase in the Constitution, in Article 1, Section 9, Paragraph 3, which stated, "No Bill Of Attainder or Ex-post Facto Law, shall be passed. ."A Bill of Attainder", is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment." On August 2, 1997 Gov. Christy T. Whitman signed into law a new crime bill which made penalies for possesion of marijuana a much stiffer charge. I alledge this act, this new law Gov. Whitman so proudly signed is a illegal "Bill of Attainer". It contains no provision for individuals like myself who use marijuana in the course of our religious needs. On Nov. 24th, 1997 I was the first individual charged with possesion of marijuana under this New Law although I am a open follower of RASTAFARI. This charge, this new law violates my right to "freely exercise my faith" and makes me a criminal for the religion I have freely chosen. It make's me and all members of the Rastafari faith illegal person's. It is a Bill of Attainer . RASTAFARI is a African based Religion, with strong roots to Jamaica. Some 700,000 Americans now practice RASTAFARI. Some 40 Million-world wide. It is among the 1,558 religious groups sufficiently stable and distinctive to be identified as one of the existing religions in this country. SEE:- US-vs- Bauer, 75 F.3d 1366 (9th Circ.-1996) The Rastafari religion teaches the truth about "Ganja", (marijuana) and incorporates it's use with it's teachings. I have freely decided to follow this religion and comply with it's teachings and practices. I use marijuana on a daily basis, and have so for years, for my own medical & religious needs as well as the safety factor. Marijuana is far safer than most chemical drugs the government tries to force me to use, such as Zolloff, Percocet, Paxil, and the numberous dangerous steriod based drugs forced into me as a asthmatic kid. Marijuana has never killed any-one and has no known lasting ill-effects, and it's side-effect's are generally pleasure-able to the user. Yet the government call it dangerous, and illegal. The very first amendment to the US Constitution, and the NJ Constitutions give me the right to chose and follow any religion I wish. I have chosen RASTAFARI. US
CONSTITUTION - First Amendment (3) - No person shall be
deprived of the inestimable privilege of worshipping
“Almighty God” in a manner agreeable to
the dictates of his own conscience. The NJ Constitution also gives me the right to safety. In Article I (Rights and Privelge's) (1) All persons are by nature free and independent,
and have certain natural and unalienable rights, among
which are those of enjoying and defending life and
liberty, of acquiring, possessing, and protecting
property, and of pursuing and obtaining safety and
happiness. I contend the original intent of the Bill of
Attainder mandates were to prevent laws that punish
without trial, suspend civil liberties, and confiscate
property. It is certain that the original intention of
the Constitution was to protect people from the tyranny
Americans had just suffered from the British
Empire. Today's asset forfeiture laws in
combination with our Drugs laws are almost the exact
tyranny that Americans fought against in the
Revolutionary War, and almost all the other wars we have
fought. Our drug laws now have repealed Religious
freedom. Religious freedom was so important to the
founding fathers that they specifically made Religious
Freedom the very first Right of the Bill of Rights, yet I
find myself facing 30 years in prison for the religion I
have chosen. The Burlington County Family court has
taken one of my four children from me, because I freely
admit to using the herb marijuana. Which I, and members
of my faith consider as sacramental as christians feel
wine (grapes) is to them. Without a Bill of
Attainder defined in the law, the law can ignore the
rights Americans are supposed to have. That is what
has happened to me. Sincerely, EDWARD FORCHION |