URL: http://www.mapinc.org/drugnews/v16/n580/a01.html
Newshawk: http://www.drugsense.org/donate.htm
Votes: 0
Pubdate: Wed, 24 Aug 2016
Source: Trentonian, The (NJ)
Copyright: 2016 The Trentonian
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Website: http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: Isaac Avilucea
Bookmark: http://mapinc.org/people/Forchion
NJ WEEDMAN PLEADS NOT GUILTY TO DRUG CHARGES
TRENTON – Wearing a tailored gray pinstripe suit and a ganja chain dangling from his neck, Trenton’s well-known marijuana activist showed up more than 15 minutes late to court Tuesday for his arraignment where prosecutors formally extended a plea offer that could send him to prison for years.
Ed “NJ Weedman” Forchion pleaded not guilty to 11 drug-related charges and was offered a 7-year plea to admit guilt to distributing drugs within 1,000 feet of the Daylight/Twilight School in Trenton. Forchion would have to spend three and a half years in prison, prosecutors said, because his past drug convictions make him an “extended-term” offender.
Forchion and his attorney, Edward Heyburn, called the offer “ridiculous,” saying they don’t believe the charge will hold up because of the distance between the school and Forchion’s downtown businesses.
The indictment says the school sits on the 500 block of Edgewood Avenue, about a mile and half by car from NJ Weedman’s Joint at 322 East State Street, according to Google Maps. Daylight/Twilight is actually located at 135 East Hanover Street, which is less than a quarter mile from Forchion’s restaurant.
“I wanted to fall out laughing,” Forchion said. “That’s absurd.”
Forchion said after the hearing in front of Judge Anthony Massi that he will not accept any offer from prosecutors and plans to convince a jury to acquit him by arguing the state’s drug laws are unjust.
The tack is known as jury nullification and was unsuccessfully employed by a Mays Landing man who was sentenced this year to 17 years in prison for growing 17 marijuana plants.
Jon Peditto’s case drew attention from marijuana activists like Forchion, who showed up to support him at sentencing.
Forchion says he feels his case is different from Peditto, who had an “image” problem with the jury.
Forchion admits he “can be an a-hole,” turning to his girlfriend and life partner for confirmation, but he knows when to turn on the charm for the jury.
“I am not being bribed out of my right to a fair trial with a plea of leniency,” he said. “I have a right to face a jury of my peers. The prosecution in this state cannot put me in prison without the authority of a jury. I absolutely do not think a jury is gonna convict me of these marijuana charges in this day and age.”
At the hearing, Heyburn addressed several issues, specifically Assistant Prosecutor Stephanie Katz’s request to keep secret the identity of a confidential informant who allegedly purchased marijuana from Forchion at least four times at his business.
The indictment reflects purchases on March 15, March 22, March 30 and April 15.
The last “controlled buy” took place about two weeks before the April 27 raid of Forchion’s restaurant, smoke shop and cannabis church.
Forchion said he never sold weed to anyone and contends patrons at his businesses shared weed.
“There was weed there,” he said. “I’d be embarrassed if there wasn’t.”
Forchion points out police didn’t start making a case against him until after he sued the city and accused a high-ranking police captain of lying in an affidavit, claiming 30 people fought outside his East State Street joint months before the raid.
Heyburn said prosecutors’ case, which hinges on whether police had probable cause for the raid in which authorities said they seized $19,000 worth of marijuana, is already “crumbling.” He plans to vigorously fight for the name of the undercover informant.
Heyburn has filed numerous filings in civil and criminal court, contesting various aspects of the case.
Forchion intends to sue the city for false arrest and is also fighting forfeiture of more than $400 seized from his businesses during the raid.
Heyburn said prosecutors must show the money was from illicit drug proceeds if they want to keep it.
For his part, Forchion has criticized the state’s forfeiture laws, which one libertarian think tank said were some of the worst in the nation, after his iconic Weedmobile was crushed.
Of the ardent marijuana supporter’s problems, showing up to court on time might be the biggest.
Free on bail, Forchion walked into court “beyond fashionably late,” wearing a suave tailored ensemble from Byer’s Men’s Shop in Trenton.
Forchion hopes to break out the “ganja green” suit at a later court appearance. He is scheduled to return to court in October, if he can make it that long.
Forchion sauntered in around 9:17 a.m. for a 9 a.m. court hearing.
“Apparently Weed Time is different than Eastern Standard time,” Heyburn said in the hallways after calling his client to see where he was.
Forchion, who was also late for a court appearance earlier this month, apologized when he walked into court.
Massi waited patiently in chambers for the Weedman’s arrival. He came out several times to say he “was ready to go at 9 o’clock.”
The judge did not issue a bench warrant for Forchion, sternly warning him to be on time or call ahead if he is late.
“I feel like an idiot,” Forchion told his attorney. “We left in plenty of time and hit traffic.”
MAP posted-by: Jay Bergstrom