URL: http://www.mapinc.org/drugnews/v16/n582/a07.html
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Votes: 0
Pubdate: Tue, 23 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
PROSECUTORS FIGHT TO KEEP SECRET INFORMANT IN NJ WEEDMAN’S DRUG CASE
TRENTON – Ed Forchion wants to film a reality show chronicling the impact of the country’s so-called War on Drugs on his life.
He has a couple titles in mind: “The War on NJ Weedman.” Or perhaps even better, “Marijuana Martyr.”
Forchion pointed to prosecutors’ desire in a drug case in Trenton that could land him in prison for years to protect the identity of a confidential informant who allegedly purchased weed from him several times at his downtown city business.
Assistant Prosecutor Stephanie Katz cited in court papers a series of undercover “controlled buys,” but didn’t say when they allegedly occurred, as part of what authorities contend was a two-month investigation centered on drug-dealing at Forchion’s businesses.
The marijuana activist’s restaurant, smoke shop and cannabis church were raided in April, leading to the roundup of Forchion and 10 others.
Katz has asked a judge for a protective order to prevent Forchion from disclosing or publicizing the informant’s name.
Prosecutors have turned over 168 pages of records related to the case and a DVD with photographs from the raid but want the informant’s name kept secret.
In her papers, Katz said she fears the cooperating witness could be in danger if his or her name is revealed. She said Forchion hasn’t been shy about publicizing his case and the protective order is needed to “ensure the integrity of the judicial process.”
Prosecutors are willing to have a judge meet with the witness in chambers before issuing a ruling.
“The defendant has spoken on the radio, to various media outlets and used YouTube and other social media to publicize his version of this case,” Katz wrote. “The state’s concern is that similar publicity targeting the witness will subject the witness to danger.”
Forchion said he never sold marijuana to anyone, only shared it, and his seized video surveillance tapes will prove it.
Whoever authorities sent into his place to purchase weed is a “rat” who is likely fabricating the allegations to get out of trouble, Forchion said. He said Katz’s request demonstrates the lengths prosecutors will go in order to protect “coppery.”
“This is cop robbery – coppery,” the marijuana activist said by phone Monday from the Seattle Hempfest. “They have secret grand juries. They have undercover unnamed informants and then they say it’s a public trial and everything is transparent. The American people have gotten so used to the non-transparency on the War on Drugs. I want my intellectual property back, and I can do with it what I want. I think a production company should help me get my reality show footage back and help me edit it and call the episode, ‘When coppery goes bad.'”
Forchion is being arraigned Tuesday before Judge Anthony Massi in Mercer County criminal court. He is expected to plead not guilty to 11 drug-related charges.
Prosecutors are expected to extend Forchion a 7-year plea offer, three and a half years which he would have to serve before coming up for parole.
Edward Heyburn, Forchion’s lawyer, said the offer is “ridiculous.” He compared Forchion’s case to one he represented in Philadelphia in the 1990s, when vice squad cops were brought up on disciplinary charges for fabricating a story about an informant named “Happy Gomez” who they claimed routinely tipped them off about alleged drug houses.
Heyburn said the informant did not exist and the cops made him up to get around not having justification for drug raids.
In Trenton, “Happy Gomez” is “Happy Gonzalez,” referring to Trenton Police Capt. Eldemiro Gonzalez, Heyburn said.
Gonzalez is a key figure in Forchion’s federal lawsuit. The police captain submitted an affidavit, claiming 30 people were involved in a fight outside Forchion’s months before the raid, that the marijuana activist and his lawyer said is false.
“This case is about protecting Captain Gonzalez from me going to the U.S. Attorney and asking them to prosecute him for perjury,” Heyburn said. “This case isn’t about marijuana.”
The outspoken weed advocate said he will fight the drug charges at trial by using a tactic known as jury nullification, aiming to convince jurors the state’s drug laws are unjust and should not be enforced.
The 12th District congressional candidate has been critical of New Jersey’s drug laws, pointing out that prosecutors charge people for using and selling marijuana while ignoring federal drug laws by operating medical marijuana dispensaries.
Forchion believes he is being targeted because he sued the city for trying to enforce a curfew on his downtown businesses. He believes the city’s 11 p.m. curfew is discriminatory and violates his religious freedom to operate a cannabis church.
Forchion filed the lawsuit in March, and a month later, his businesses were raided.
Police said they seized $19,000 worth of marijuana from his joint, including weed edibles. Forchion has also been accused of “fortifying” his downtown businesses, prosecutors said.
Forchion plans to sue the city over his “false” arrests. After he posted bail in the drug case, Forchion was hit with charges for allegedly bullying a city cop by calling him a pedophile.
Weedman said he has a right to know the identity of the alleged confidential informant. And he shouldn’t be stopped from outing that person.
MAP posted-by: Jay Bergstrom