NJ 37th Assembly District
November 10, 2011
FOR IMMEDIATE RELEASE
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.
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been repealed over a year earlier.
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.
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.
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
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
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.
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
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.
of these prohibitions are violations of the U. S. Constitution
Amendment VI and the NJ Constitution Article I.10.
November 5, 2008, the Advisory Committee on Judicial Conduct of the
Supreme Court of NJ filed several complaints of misconduct by Judge
NJ judges of the Superior courts have a mandatory judicial retirement
age of 70. Currently Judge Delehey is 72 years old.
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
Supreme Court Chief Justice Stuart Rabner, Richard J. Hughes Justice
P.O. Box 970 , Trenton, NJ 08625.
Senate President Stephen M. Sweeney, NJ State Capitol, Trenton, NJ
Assembly Speaker Sheila Y. Oliver, NJ State Capitol, Trenton, NJ
Assembly Judiciary Committee Chair Peter J. Barnes, NJ State Capitol,
Superior Court Judge Charles Delehey, Superior Court of NJ, Mount
Holly, NJ 08060
Defendant Ed Forchion via E-mail
Tyranny Fighters via E-mail