1. To fail to carry out a promise or
commitment: reneged on the contract at the last minute.
fail to follow suit in cards when able and required by the rules to do so.
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.
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.
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
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. …........”
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
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
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
RENIGING – SENTENCING DAY 1/16/2013
Unbeknowst to me until just a
few minutes before sentencing hearing, Judge Delehey and Burlington County Public
Defender Donald Ackermann had entered into EX PARTECOMMUNICATIONS.
"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 ).
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
"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.
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.
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
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”
I 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!
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
TO PLEA TO A PROBATION VIOLATION BY WITH-HOLDING CANCER TREATMENT”
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
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,
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
ILLEGAL DEPRIVATION OF HEALTHCARE to
ELICT "GUILTY PLEA"
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")
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"