CLICK ON ALL HYPERLINKS - IN BLUE
R. Edward Forchion - #73966
Burlington County Jail
54 GRANT STREET
Mt Holly, NJ 08060-6000
Office of the Governor
PO Box 001
Trenton, NJ 08625
609-292-6000 - Office#
609-575-8111 - Cell#
RE: GOVERNORS MEDICAL CLEMENCY REQUEST
I Edward Forchion request that you out of mercy and compassion accept and seriously consider my personal request for a MEDICAL CLEMENCY from you as soon as possible. My current incarceration for marijuana possession is a hypocritical injustice and flies in the face of the goals and intent of the New Jersey Compassionate Use Act of 2010; as well as acceptable national public perceptions of medical marijuana. My condition is similar to Irvin Rosenfeld, who began receiving marijuana from the federal government in 1982, under the Federal Drug Administration's Investigational New Drug Program. ( SEE ATTACHMENT (A) – Irvin Rosenfeld )
I use medical marijuana and eat marijuana for my serious medical condition and have been prosecuted and jailed for it. I received my first California medical marijuana card in 2006 and have held one since. In 2008 I actually moved to California.
In February of 2001 I was diagnosed with a form of Bone Cancer. I suffer from painful GAINT CELL TUMORS. I've had surgeries to remove tumors and have under gone medical procedures ever since. I also have been a California Medical Marijuana card holder since 2006 as a result. Marijuana slows the growth of tumors and actually shrinks tumors. ( SEE ATTACHMENT (B) – POT SHRINKS TUMORS ) As you know on January 18, 2010 Governor Corzine signed into law (N.J.S.A.C.24:6I-2) the New Jersey Compassionate Use Act of 2010. Please read paragraph E:
(E) - Compassion dictates that a distinction be made between medical and non-medical uses of marijuana. Hence, the purpose of this act is to protect from arrest, prosecution, property forfeiture, and criminal and other penalties, those patients suffering from debilitating medical conditions, and their physicians and primary caregivers, if such patients engage in the medical use of marijuana.
I have been a very vocal medical marijuana advocate for close to 20 years. Thus I was ecstatic after this enactment and while I knew the law wasn't perfect I thought this law would protect me. The next time I came to New Jersey I felt secure in bringing my medicine with me.
3 months AFTER - N.J.S.A.C.24:6I-2 - was signed into law and after you became Governor I was arrested on April 1st, 2010 when I came home to New Jersey to visit my kids for Easter during the spring school break. But instead of being shown Compassion as the goal of the Act was designed to do I was prosecuted by Burlington County assistant Prosecutor Micheal Luciano who called me a "charlatan ... a wolf in hemp clothing" (Attachment C). I was prosecuted before Judge Delehey who said I, "played his health as if it was a Stradivarius," (Attachment D). I refused to accept any plea bargain and instead insisted on my "6th amendment right to a Jury Trial".
Judge Delehey banned me from mentioning the motivation of my bringing marijuana to the state by forbidding me from mentioning the Compassionate Use Act in my defense. The passing of the Compassionate Use Act greatly contributed to my state of mind and self justification in bringing my medicine with me while vacationing in New Jersey. I and every lawyer who is aware of this ruling have felt JUDGE DELEHEY made a EGGREGIOUS LEGAL ERROR and this ruling would be overturned on appeal.
I had two trials in 2012. The first trial (May of 2012) ended in a 4th degree possession conviction and hung on distribution charge. The second trial (Oct of 2012) ended in a "NOT GUILTY" verdict.
At the time of my arrest I was a LEGAL CALIFORNIA MEDICAL MARIJUANA PATIENT but instead of being treated like a Patient and protected by the Compassionate Use Act of 2010 these white officials instead made me a prisoner.
Its no secret that America's WAR on DRUGS is racist; just read the recent ACLU REPORT https://www.aclu.org/billions-dollars-wasted-racially-biased-arrests and my case here in New Jersey is a very public example of Racism. Blacks such as myself despite being legal medical marijuana patients are still regarded by law enforcement and the Judicial system as Chattel for the concrete plantation systems. Here in New Jersey now there are 1400 white persons "exempted" from criminal prosecution by (N.J.S.A.C.24:6I-2) the New Jersey Compassionate Use Act of 2010 while I was prosecuted and imprisoned for my serious medical condition.
Recently in a public act of compassion or embarrassment you signed an amendment to the Compassionate Use Act to allow white children to use edible marijuana - ( CHRISTIE AMENDMENT for white children - "N.J. Lawmakers Pass Christie Changes to Pot-for-Tots Bill Sep 9, 2013 http://www.bloomberg.com/news/2013-09-09/n-j-lawmakers-pass-christie-changes-to-pot-for-tots-bill.html ).
I'm a grown Black-man imprisoned for my medical marijuana.
In addition to using medical marijuana I receive a monthly experimental drug treatment at the Santa Monica Oncology center, 2811 Wilshire Blvd., Santa Monica, California.
On Jan 5th, 2013 I flew into New Jersey for sentencing. Packing all my belongings in storage and surrendering my apartment and giving my dogs to others for safe keeping.
On Jan 16th 2013 I went before Judge Delehey for sentencing for the 4th degree possession charge. I didn't expect imprisonment, I expected probation and a "Stay of Sentence pending the appeal". Judge Delehey refused to "stay sentence". Prior to the hearing I'd talked to the court appointed Public Defender Donald Ackerman who virtually assured me despite embarrassing the Prosecution with the "NOT GUILTY" verdict and snubbing the state law enforcement community I would not receive any jail time per standards. We talked about filing a "motion to stay sentence pending the appeal" of the simple possession conviction. The Judge clearly made pre-trail rulings that can only be described as egregious and clearly very likely to be overturned on appeal.
At the 1/16 hearing Judge Delehey as expected sentenced me to "probation" and even ordered that I could return to California and enroll in California's probation system. The Burlington County Prosecutor Micheal Luciano was visible furious, and upset openly arguing that I should be incarcerated as message to other marijuana users.
"In court, Luciano asked Delehey, who presided over both trials, to consider a 12-month prison term for Forchion, arguing that he broke the law, no matter what the current debate or sentiment over medical marijuana and legalization might be. He also said Forchion's previous record, including a 2000 conviction for theft and drugs that led to more than 20 months in prison, warranted incarceration.
Luciano described Forchion, an author who at one time operated his own medical marijuana dispensary in Los Angeles before being shut down by the U.S. Drug Enforcement Agency after his New Jersey arrest, as "one of the most interesting characters I have come across in terms of prosecution," and told the judge he didn't understand the defendant's "passion" for the plant. "Marijuana is his life. ... But be that as it may, he violated the law," Luciano said. "If you give him a walk, it takes away the fact that the Legislature at the time he committed this offense said you're not supposed to have marijuana in the state of New Jersey. "Despite his contentions, his desire to change the law, his passion — it was illegal. If he's not incarcerated and held responsible for that, essentially you're telling people, 'If you don't like the law or that if it doesn't fit into your lifestyle, you're entitled to break it." Judge Delehey disagreed saying : "Delehey said he took Forchion's medical condition into account when determining the sentence. He also looked at his criminal record, which includes 40 arrests for everything from dog-leash violations to theft and drug charges. "The court does not know if the defendant is an enigma or a personal paradox. His record standing alone suggests that he is a dyed-in-the-wool recidivist, but his record discloses nothing of the more serious crimes that concern the community," Delehey said. "He does not fit with that group of criminals that include murderers, rapists and gun-wielding robbers. He is an intelligent and an articulate person, and it's hard to understand why he insists on unnecessary confrontation over trivial matters."
Yet Judge Delehey refused the verbal "stay of the sentence" pending appeal. The Judge had only given a probation sentence and ordered that I report to New Jersey's probation department and said I could set up arrangements with California to serve my probation in California. I told the Public Defender I was going to file a formal – "reconsideration motion" and asked him to help me. I talked to the probation department the next morning when called and explained that my living situation wasn't even clear in California and I may actually be living in New Jersey again, thus if so there wouldn't be a need to transfer probation to California, and I'd do my probation in New Jersey. I was scheduled to go back to California for my Cancer treatment anyway on Jan 30th and would have a clearer understanding of my living conditions upon return. I also told them I was filing a "motion of reconsideration, and stay of sentence" and had 20 days to do so and would as soon as I got back. – NO ONE SAID I'D BE ARRESTED.
I had represented myself in this case with the assistance of PUBLIC DEFENDER Donald Ackerman. Nothing was said to me nor him about a violation or a hearing on the morning of Jan 17th, 2013.
On the morning of Jan 17th 2013 Judge Delehey held a hearing that I still don't fully know the purpose of or the participants. (Attachment F). Neither I nor Mr. Ackerman public Defender was contacted; (SEE: - SUPPLEMENTAL ACKERMAN LETTER "page1" )(ACKERMAN LETTER "page2") neither of us was told anything of this hearing. Had either of us been informed of this hearing, meeting or whatever description it was I would have attended as I had every hearing in the two years prior.
At this EX PARTE hearing a fugitive warrant for my arrest was signed by Judge Delehey less than 24 hours after he declined to incarcerate me. I was told for failure to report to probation the day before.(WTF) – I'm openly alleging this EX PARTE HEAR was contrived to fabricate a way to re-sentence me after my comments to the press.
ILLEGAL DEPRIVATION OF HEALTHCARE to ELICT "GUILTY PLEA"
As I left to go to California for my treatment of Feb 4th I was arrested at the Philadelphia Airport and held for 46 days. I missed two ( Feb & March) of my monthly cancer treatments, I wrote the Judge from Jail saying - "UNCLE – UNCLE" because I needed and wanted to be released to continue my monthly cancer treatments in California. On March 10th Donald Ackermann told me he had a discussion with the Judge and if I'd plead guilty to violating probation I'd be released.
I had no choice, my healthcare was being deliberately withheld by Judge Delehey as leverage for a GUILTY PLEA. On March 12th despite not being guilty and solely because judge Delehey was with-holding my healthcare from me I "plead guilty". On March 15th, 2013 Prosecutor Luciano then got what he wanted – Judge Delehey said – "I'd played my health as if it was a Stradivarius I was sentenced me to 9 months imprisonment but released each month to go to California for my treatments. Which was so hypocritical because the fact was JUDGE DELEHEY had with held my HEALTHCARE to elict a GUILTY PLEA and that was the only reason I plea guilty. (SEE ATTACHMENT G "ORDERS" -(3_14 Order) – ( 9/12/13 ORDER "page1")(9/12/13_ORDER "page2")).
The Geneva Convention outlaws denying healthcare to war prisoners, the United Nations bans healthcare deprivation and the US Constitution would classify such action as in violation of the 8th amendments "cruel and unusual" clause.
Recently (Attachment H ) under court rule 3:21-1I motioned Judge Delehey to withdraw PLEA of GUILTY and without a evidentiary hearing as required by 3:21-1 "DENIED" motion to withdraw.
EXPERIMENTAL HEALTHCARE – RUINED BY DELEHEY IMPRISONMENT
Because of the jailing/imprisonment my monthly healthcare has been ruined. The jailing of me for 20 days then released for ten days has prevented me from obtaining required MRI/Bone scan and prevented me from raising cash for flight to California for treatment. I was required to get a MRI in October but due to restrictive release dates wasn't able to schedule.
Now here in Nov I don't have the cash to obtain a flight to California and even if I eventually obtain funds I havent gotten the required MRI/bone scans. And next month is looking bleaker.
INCONCLUSION MR CHRISTIE
I ask you to grant me CLEMENCY not for the entire case but for a "STAY of SENTENCE pending the appeal" review by the New Jersey Court system of Judge Delaney's court rulings. If not - not only will I not be able to retrieve my freedom back upon successful appeal. My HEALTH is absolutely being ruined by Judge Delaney's illegally obtained GUILTY PLEA.
Edward "NJWEEDMAN" Forchion
CC – various press outlets, various internet websites and presidential media outlets.
Delivered personally and via certified mail --
US MAIL TRACKING NUMBER - 7013-0600-0001-0511-5583
I'm treated like a Patient in California,
Prisoner in New Jersey
see OCT 2013 Cancer Treatment video
POLITICAL IMPRISONMENT #2