THIS IS THE FOLLOW UP TO: "I FOUGHT THE LAW" BLOG 10/19/2012

By NJWEEDMAN



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THE RENEGGER and JUST ANOTHER NIGGER

Judge Delehey and NJWeedman”

re·nege  (r-ng, -ng)

v. re·neged, re·neg·ing, re·neges

v.intr.

1. To fail to carry out a promise or commitment: reneged on the contract at the last minute.

2. Games To fail to follow suit in cards when able and required by the rules to do so.

 

Anyone who has been paying attention to the frontlines of the War on Marijuana in New Jersey couldn’t help but notice the epic battle that has been going on in Burlington County indictment#10-08-866-I – State of New Jersey Vs Edward Forchion, aka- NJWeedman. This case is regarded as the most important marijuana case in the history of New Jersey. As this case proceeds thru the NJ Appeals court it is bound to dramatically change New Jersey's marijuana laws like no other case ever. State of New Jersey Vs Tate, 102 N.J. 64 (1986) 505 A.2d 941 will be evisarated! - AND ITS CLEAR THE AUTHORITIES DON'T LIKE WHAT NJWEEDMAN is doing!



 JUST TO BRING YOU UP TO SPEED in this ONEMAN BATTLE.

Governor Corzine signed medical marijuana into law on Jan 18th, 2010. Knowing this Edward Forchion brought his medicine with him the next time he visited his home State of New Jersey from his adopted State of California. NJWeedman was arrested on April 1st, 2010 charged with distribution and possession. Upon release from Burlington County Jail (4/6/2010) he made a VIDEO STATEMENT vowing to beat the state using the truth of the law with a Jury Nullification Defense, with a Jury. His argument was simple he wasn’t wrong the law was wrong. He refused all PLEA DEALs, calling them "attempted bribery by the state". He didn’t deny having the marijuana but said his Jury could nullify the law by not convicting.

For two years of pre-trial arguments, briefs and constitutional challenges the battle raged on. Many pre-trial decisions were made by the Judge, the marijuana laws in New Jersey were new, and the attitudes of the public locally and nationally were changing daily. Judge Delehey made several legal decisions that he even acknowledged would be appealed by either side The State if he sided with NJWeedman; NJWeedman if he sided with the State. Some of these decisions arguably should have been made by the State Attorney General’s Office, not the Judge nor the local Prosecutor but for the sake of time, and expediency Mr. Luciano the Burlington Prosecutor elected to handle the Constitutional issues locally. For that reason at the behest of Burlington County Prosecutor Michael Luciano: Judge Delehey agreed that whatever legal pre-trial Constitutional decision, ruling Judge Delehey made at the end of the trial if a conviction resulted he would grant a “stay of sentence”. - THIS WAS MADE ON THE RECORD - For the rest of the trial proceedings NJWeedman knew that no matter what the outcome, no sentence would be imposed until the NJ Appeals court could rule on Judge Delahey’s courtroom rulings and decisions. At the time that was a deal NJWeedman felt was a courtroom triumph for a Pro Se broke defendant to elicit from the prosecutor and the Judge; a pre-trial agreement of stay pending appeal.

Mr Luciano: “So what I'm saying to you, Judge, is, I would have no objection to conducting the criminal trial, whatever the result maybe, if he's found not guilty then Mr Forchion is a free man. If he's found guilty, you could hold any type of sentencing in abeyance pending the resolution of his Constitutional arguments..........”

JUDGE DELEHEY: “........The court is going to do this, its going to schedule the matter for trial on April 12. And in the event of a conviction, Mr Forchion isn't going to have his liberty taken from him intermediately, that will be stayed pending resolution of the constitutional matter. - And the constitutional matter may take a month or two to resolve. But at least the trial is going to be out of the way. …........”

READ THE TRANSCRIPT OF MARCH 15th COURT PROCEEDING HERE. - http://www.njweedman.com/march15_transcript.pdf  


4/20/2011 * NJWEEDMAN's - LEGAL CONSTUTITIONAL CHALLENGE

7/20/2011 * MR. LUCIANO's - STATE REPLY BRIEF

9//6/2011 * JUDGE DELEHEY's RULING - DENIAL of CHALLENGE


delehey_ruling.jpeIt would be safe to say that neither Prosecutor Luciano, nor Judge Delehey really thought NJWeedman would be acquitted, remember he wasn’t denying anything, his defense was the law is wrong not him. Judge Delehey had ruled that he wouldn’t allow a Jury Nullification argument to be presented, nor would he allow NJweedman to even mention that NJ had passed a medical marijuana law "PRIOR" to his arrest, to his Jurors. (Njweedman thought these were egregious legal errors by Judge Delehey and would surely be overturned on appeal). Rulings that clearly hindered NJWeedmans defense, clearly it was a longshot in their opinions.  

Well NJWeedman shocked the WORLD and got a split Jury verdict. “Hung” 7-5 on Distribution charge and “Guilty” on simple possession at the first trial May 9th, 2013.  NJWeedman thought of this as a victory and asked for the “guilty” verdict on the simple possession charge to be vacated, the Judge refused and Prosecutor demanded a second trial. The Judge bitched at NJWeedman from the bench, claiming he had "SCUTTLED JUDICIAL PROCESS"!

The Prosecutor got what he asked for: a 2nd trial, BUT To the Chagrin and embarrassment of the Judge, Prosecutor and the State of New Jersey’s law enforcement community a second Jury found NJWEEDMAN NOT GUILTY   12-0 on Oct 18th, 2012!



FOUND "NOT GUILTY" of Distribution charge - BRAGGED - I WILL APPEAL simple posssesion conviction

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BRAGGED ON INFO WARS ABOUT MY VICTORY!


EX PARTE COMMUNICATION by PDO – JUDGE DELEHEY

Ex Parte [Latin, On one side only.] Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney, or the representeds knowledge.


THE NEW YEAR - 2013 a new reality set in, Because of this case my California life had gotten bad. I bagan packing all my belongings in California into storage areas and surrendered my apartment. I gave my dog to others for safe keeping. Just in case I was “imprisoned”.Even thou Mr Ackerman assured me I ' getting prison time, and I was confident that whatever was imposed would be "stayed" as per Judge Deleheys own words in pre-trial rulings. My grand mother died on Jan 5th the same day I flew into New Jersey for sentencing. Her funeral was on Jan 12th.

 

Prior to leaving California, and the personal family time I took. I communicated with PDO Ackermann that I wanted him to “motion to Judge Delehey to vacate the simple possession charge” and to prepare a “motion for stay of sentence” as we agreed upon at the beginning of the trial proceedings! I emailed him several times and these communications are not confusing, but he did the exact opposite. SEE:  EMAILS HERE

 


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THE RENIGING – SENTENCING DAY 1/16/2013

ackermann_njweedman_discuss.jpeUnbeknowst to me until just a few minutes before sentencing hearing, Judge Delehey and Burlington County Public Defender Donald Ackermann had entered into EX PARTE COMMUNICATIONS. "The U.S. Supreme Court has ruled: The defendant has the right to be present during all critical stages of trial, allowing them to hear the evidence offered by the prosecution, to consult with their attorneys, and otherwise to participate in their defense. (Illinois v. Allen, 397 U.S. 337, 90 S. Ct. 1057, 25 L. Ed. 2d 353 [1970]). Those EX PARTE COMMUNICATIONs resulted in my harm. Judge Delehey and PDO Ackerman agreed that I should get probation without my input! Ackerman presented the Judge with a “petition for probation” that I knew nothing of and didn't sign off on it! I had successfully fought to represent myself with PDO assistance I was a Pro Se defendant, this was my case – only I had the right to determine the tactics, and defenses in my defense per California Vs Farretta,. I WOULDN’T HAVE AGREED TO THIS "PETITION OF PROBATION" and I didn’t have anything to do with this "plan" that Judge Delehey and PDO Ackermann came up with!

 

On Jan 16th 2013 I went before Judge Delehey for sentencing for the 4th degree possession charge. I didn't expect imprisonment; I expected a "Stay of Sentence pending the appeal". Instead Judge Delehey RENEGGED of his on pre-trial ruling and refused "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. I was upset that no “motion for Stay of Sentence” had been prepared and no “motion to vacate”. Everyone already agreed The Judge clearly made pre-trail rulings that can only be described as egregious and clearly very likely to be overturned on appeal. That’s when I found out about EX PARTE agreement to probation!

 

Judge Delehey as expected by PDO Ackermann 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." - (ATTACHMENT E 1/17 – "Njweedman sentenced to probation")


AND THEN JUDGE DELEHEY RENIGGED on his agreement to “STAY SENTENCE” until NJ Appeals court could rule. He sentenced NJWEEDMAN to two years, probation $3,500 fine, lost of voting rights for two years, surrender of DNA and payment plan of $100 a month to begin in April 1st of 2013. – To Ed this was not only a “RENEGGING” but was double cross.I was shocked and angry. --- – Ed votes and runs for office every year, this disenfranchisement was sever to him, and he had successfully fought previously to keep his DNA out of the hands of the State (see: NJweedman vs NJ-DNA LAW). The is no way to get these loss of freedoms back upon a successful appeal.



Mr Ackerman: Judge, the other request that Mr. Forchion asked me to make is as you know, Judge, he does challenge the law. He's made that abundantly clear and I was wondering if Your Honor would consider suspending the sentence, the fine, the penalties, the probation until an Appellate Court could hear this matter.

JUDGE DELEHEY: “........No. I'm not going to do that. No. Why don't you ask me to give him the keys to the city.

READ THE TRANSCRIPT OF JAN 16th SENTENCEING HEARING HERE. -http://www.njweedman.com/Jan16_sentenceing_hearing.pdf  



PRESS RELEASE: "MY TRIAL WAS UNFAIR and I WILL APPEAL"

I felt double crossed because I would have presented my own written "motion", I knew nothing of Ackermann's "Petition for Probation". I made a “verbal” request for a stay of sentence Judge Delehey refused the verbal "stay of the sentence pending appeal”. The Judge had given a probation sentence but also 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 for stay of sentence" and asked him to help me. I didn’t report to probation.

I talked to the probation department the next morning when called and explained that my living situation wasn't even clear in California, I’d given up my apartment 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, Id already had my plane tickets and everything 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.

 

EX PARTE HEARING – 1/17

 

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. The probation department didn’t file a “violation” the Judge held a hearing, and took testimony from the Prosecutors Office only!

 

 On that morning (Jan 17th 2013) Judge Delehey held a UNCONSTITUTIONAL 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"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 HEARING was contrived to fabricate a way to re-sentence me after my comments to the press. The Christie Administration got involved in my “light sentencing”

 

Judge_Glenn_Grant.jpgI was told by courthouse personal and Public Defender Ackerman that Judge Glenn A. Grant, J.A.D. Acting Administrative Director of New Jersey Courts after reading the morning TRENTONIAN 1/17/2013 “Famous and Broke” about my case, and non imprisonment had called, the Prosecutors Office, the Probation Office and Judge Delehey’s Office, "BITCHING" that I didnt get imprisoned. (My comments in the paper were not appreciated by the Christie Administration). Possibly via video, The result of this EX PARTE HEARING was a fugitive of justice warrant – and the plan to resentence me, using VOP (Violation of Probation claim)..

 

The claim of a PROBATION VIOLATION is very, very weak – and in less than 24 hours I was violated. A warrant was issued at this hearing and I knew nothing of it. FIRST – The Judge is supposed to be a neutral arbitrator and he is to act on complaints – the Probation department didn’t file any complaint!

 

small_achristie

I wish I had the resources to check the facts of this next statement but “I doubt there have ever been any warrants issued so fast, for a claim of failure to report to probation” anywhere in the state. Prisoners and defendants routinely are slow to report or delay reporting without such a swift, punitive measure being taken. (This jailing was simply PAYBACK for winning, THE CHRISTIE ADMINISTRATION excerted pressure on Judge to re-sentence me to some prison time after he failed to do so the day before. - PLEASE read the links Judge Delehey agreed to "stay the sentence" in pre-trial arguements then "renigged" on Sentencing day. "Prompting me to demand a re-consideration and I was jailed before I could file the motion" - I dare you to read the March 15th, 2011 pre-trial transcript linked - http://www.njweedman.com/march15_transcript.pdf and then the Jan 16th Sentencing Day Transcripts http://www.njweedman.com/jan16_sentenceing_hearing.pdf !!) CHRISTIE ADMINISTRATION exerts pressure via JUDGE GRANT, JUDGE DELEHEY RENIG's!!!

 

I was arrested at the Philadelphia Airport on my way to my Cancer Treatment, (Attachment - G ) held in Pennsylvania for 17 days (Attachment - H), before being transported to New Jersey and then held in the Burlington County Jail (Attachment – I) for 29 more days before Judge Delehey on March 13th, 2013

 

 

FORCED TO PLEA TO A PROBATION VIOLATION BY WITH-HOLDING CANCER TREATMENT” as leverage.

 

I was told by Ackerman that the Judge wanted me to “plead guilty or stay in jail for 9 months”, which would have been a disaster to my health. (I’m on monthly Cancer treatments) I couldn’t lose that for a simple medical marijuana possession charge????? I was released from jail two days later and ordered to report back to Judge Delehey on Sept 10th, 2013 – he said I owe him more days in jail. (Attachment - J) At the March 13th 2013 and again at the Sept 10th, 2013 hearing; once again Burlington County Prosecutor Luciano asks JUDGE DELEHEY for a jail sentence and this time Judge Delehey granted it.

 

This contrived probation violation, and the after trial proceedings have made the entire case a “Mockery and Farce” of justice. Judge Deleheys egregious pretrial rulings (he ordered I couldn’t talk about New Jerseys medical marijuana law even though I’m a licensed medical marijuana user, and New Jersey had a medical marijuana law.), and his unconstitutional EXPARTE hearings, communication.

 

 I believe Judge Grant or (The Christie Administration) some other political entity forced Judge Delehey thru EX PARTE COMMUNICATION on 1/17 to re-sentence me to jail time and the technical probation violation was the crap excuse used. The 1/17 hearing, the subsequent jailing and POV hearing amount to another egregious dis-regard for the intent of the medical marijuana laws in New Jersey, it was supposed to protect medical marijuana patients like myself instead JUDGE DELEHEY says, “I’ve played my health like a Stradivarius”.

 

 

ILLEGAL DEPRIVATION OF HEALTHCARE to ELICT "GUILTY PLEA"

 

ackermann_njweedman_discuss.jpe

REMEMBER 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. The Judge was totally aware of my healthcare situation, why I was traveling to California and had given me permission to travel. Yet I was unjustly jailed and I missed two (Feb & March) of my monthly cancer treatments, I wrote the Judge from Jail saying - "UNCLE – UNCLE", surrendering 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 another EX PARTE discussion with the Judge and if I'd plead guilty to violating probation I'd be released.

 

 I had “no free choice”, my healthcare was being deliberately withheld by Judge Delehey as leverage for a GUILTY PLEA. On March 12th, 2013 despite not being “guilty and solely” because judge Delehey was with-holding my healthcare from me I "plead guilty". Prosecutor Luciano then got what he wanted – Judge Delehey said – "I'd played my health as if it was a Stradivarius” and sentenced me to 9 months imprisonment but released to go to California for my treatments. Which was so hypocritical for him to say? Because the fact was JUDGE DELEHEY had withheld my HEALTHCARE to elicit a GUILTY PLEA and that was the only reason I plead guilty. (SEE ATTACHMENT G "3-12-2013 ORDER")

 

 

 On 9/12/2013 Judge Delehey Orders that I do 270 days in jail,( 9/12/13 “ORDER ") 20 days at a time, with a 10 day medical furlough to go to California and get treatment. “ NJWeedman reports to BC Jail

bcj 73966

 

 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.

 

10/17/2013 under court rule 3:21-1 I motioned Judge Delehey to "WITHDRAW "PLEA of GUILT" and without a evidentiary hearing as required by 3:21-1 he "DENIED" (Attachment H )motion to withdraw. 


11/07/13 NJWEEDMAN files EXECUTIVE CLEMENCY REQUEST Asking the Governor to grant Clemency - THE GOV has ignored it, but the press has reported on it ( SEE: CLEMENCY NEWS )


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bct_njweedman_serious.jpgOn Oct 1st, 2013  NJWEEDMAN files PETITIONS TO CHANGE NAME TO:

 JUST ANOTHER NIGGER

Citing his treatment by the courts If the authorities want to treat me this way then call me by the name that fits how you are treating me: a nigger,” Forchion said, criticizing NJ’s criminal justice system.  






JUDGE's RULING MAKES INTERNATIONAL NEWS



INCARCERATED (20 days at a time) FOR MY MEDICINE DATES:
Jan 30 - March 14th
Sept 20th -Oct 8th
Oct 18th - Nov 5th
Nov 15th - Dec 3th
Dec 13 - Dec 29th
Jan 9 - Jan 28th
RELEASED - "JAN-28th, 2014"
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(1/28/2014): Marijuana activist Ed Forchion, the Weedman, released
from jail after his story goes viral




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