Julian Heicklen
Libertarian Candidate
 NJ 37th Assembly District

November 10, 2011


    Ed Forchion is the defendant in a trial for the possession of medical marijuana, even though it is legal in NJ.  He is not the only person tried for no crime.  

    Brian Aitken recently moved from Colorado to NJ and brought his legally-owned and properly-secured guns in Colorado to his new home in NJ.  He was arrested upon arrival, convicted, and imprisoned for failure to have a NJ permit.  Governor Christie pardoned him and released him from prison.

    A man was arrested for public intoxication in Maplewood, NJ, pled guilty in front of a magistrate so that he only had to pay an $80.00 fine. However there is no public intoxication law in Maplewood.  It had been repealed over a year earlier.

    Ed Forchion has asthma and is a medical marijuana user.  He has homes in both NJ and California.  He purchased his medical marijuana in California, where it is legal.  When he came to NJ, he was arrested for possession of marijuana.  In NJ medical marijuana is legal, but possession of it is not.

    Apparently NJ does not honor laws of other states.  If you get married in another state, you are not married in NJ.  If you get divorced in another state, you are not divorced in NJ.  If you drive in NJ without a NJ license you are committing a traffic violation, even if you are visiting from another state and have a legal license in that state.

    Ed Forchion had a hearing on October 18, 2011 in Mount Holly at the Monmouth County Courthouse.  Superior Court Judge Charles Delehey gave instructions to the litigants, but the trial was postponed for 6 months, because of Forchion’s medical problems.

    The instructions given to Forchion were that he could not represent himself or choose his lawyer. Judge Delehey appointed Public Defender Donald Ackerman, an employee of the court, to represent Forchion.  This is a violation of N. J. Constitution, Article I.10 which guarantees an impartial trial.

    NJ statute N.J.S.A. 2B:23-6 Oath of Jurors states:

"Do you swear or affirm that you will try the matter in dispute and give a true verdict according to the evidence?"

    It does not require the jurors to uphold the law.  No other branch of government is required to uphold the law either.  The legislature can repeal a law.  The governor can nullify a conviction with a pardon.  The prosecuting attorneys pick and choose which cases they wish to prosecute.  The judge can dismiss a case in the interest of justice.  A police officer can use discretion to make an arrest.  If you are stopped for a traffic violation, and the police officer gives you a warning instead of a citation, he has chosen not to enforce the law.  

    The jury has the same right to ignore the law in the interest of justice.  American history is filled with such actions.  However Judge Delehey has forbidden Forchion to mention this to the jury.  The judge intends to instruct the jury that it must uphold the law as he gives it.  Actually this is two lies.  If the law is enforced it must be the written law, not the judge’s version.

    NJ Superior Court Judge Charles Delehey has forbidden Forchion to mention that he is a California licensed medical marijuana patient or that NJ is now in the process of establishing a medical marijuana program.  Forchion also has been forbidden to call expert witnesses, of which I am one, to testify in his behalf.

    All of these prohibitions are violations of the U. S. Constitution Amendment VI and the NJ Constitution Article I.10.

    On November 5, 2008, the Advisory Committee on Judicial Conduct of the Supreme Court of NJ filed several complaints of misconduct by Judge Delehey.

    In NJ judges of the Superior courts have a mandatory judicial retirement age of 70.  Currently Judge Delehey is 72 years old.

    If elected to the general assembly on November 8, 2011, my first action will be to introduce a bill to impeach Judge Delehey, which can be done by a majority vote of the Assembly.

CC: NJ Governor Chris Christie, Office of the Governor, PO Box 001, Trenton, NJ 08625
    NJ Supreme Court Chief Justice Stuart Rabner, Richard J. Hughes Justice Complex,
        P.O. Box 970 , Trenton, NJ 08625.
    NJ Senate President Stephen M. Sweeney, NJ State Capitol, Trenton, NJ
    NJ Assembly Speaker Sheila Y. Oliver, NJ State Capitol, Trenton, NJ
    NJ Assembly Judiciary Committee Chair Peter J. Barnes, NJ State Capitol,     Trenton, NJ
    Superior Court Judge Charles Delehey, Superior Court of NJ, Mount Holly, NJ 08060
    Defendant Ed Forchion via E-mail
    Tyranny Fighters via E-mail