Marijuana activist pleads innocent over refusal to provide DNA sample By RENEE WINKLER
www.southjerseynews.com/i...11304q.htm
Courier-Post Staff Tuesday, January 13, 2004
CAMDEN: A Pemberton Township man who has fought for nearly a decade to legalize marijuana pleaded innocent Monday to contempt of court, a charge stemming from his refusal to provide a DNA sample to a state database. R. Edward Forchion of the Browns Mills section was released after signing a $1,000 personal recognizance bond. If convicted, he faces up to 18 months in prison. Forchion stood outside the Hall of Justice for about two hours before his court hearing, carrying a poster protesting the mandatory DNA sampling of persons convicted of any felonies in New Jersey. He said he refused to comply with the mandate because it was signed into law after he was placed on probation for marijuana possession.
Superior Court Judge Robert G. Millenky set a Feb. 17 status hearing in the case.
Assistant Camden County Prosecutor John T. Wynne Jr. told Forchion and defense attorney Mark Fury that they could file a motion in the contempt case to challenge the constitutionality of the DNA sampling law.
Forchion already has filed a lawsuit in U.S. District Court on that issue.
"If they want to raise that issue in a motion to dismiss the indictment,
we'll argue it here," Wynne said.
*******************************************
"STANDING UP FOR YOUR 1st AMENDMENT RIGHTS"
www.njweedman.com
On September 22nd, 2003 New Jersey Gov. James McGreevey signed (L. 2003, c 183 ) legislation into law making every person convicted of a crime (1st degree down thru 4th degree) compelled to surrender DNA to the state Police and Federal DNA
DATABANK. This law makes persons convicted of a crime prior to this laws enactment liable to comply, retroactive laws are regugnant to the principals of a free society. This new law in the opinion of NJWEEDMAN is an example of the EX POST FACTO laws the founding fathers outlawed at Article 1 Section 9 of the U.S. Constitution.
NJWEEDMAN SAYS
KISS MY ASS AN RETREIVE MY DNA FROM YOUR LIPS
This is another time for NJWEEDMAN to protect the Constitution!
SEE LETTER TO GOV: ( click )
www.njweedman.com/dna_sample_refusal.htm
( DNA CONTROVERSY )
www.njweedman.com/dna.htm
***********************************************
11/27/2003 Kiss My Ass
www.njweedman.com/dna_sample_refusal.htm
FROM: Robert Edward Forchion, Jr
1020 Hanover Blvd.,
Browns Mills, N.J. 08015
TO: DIRECTOR of CODIS Compliance unit,
Division of criminal justice
P.O. box-085
Trenton, N.J. 08615
TO: Gov. McGreevey
RE: You and the Gov. can kiss my ass and retrieve my DNA from your lips!
In response to the letter dated Nov 25th (SEE: ATTACHMENT A) dropped off at my house on the 26th telling me I'm scheduled to give a DNA sample on Dec 2, 2003. "I won't be there". As I told Gov. Mcgreevey in a Sept 23rd, 2003 letter to him titled; "I refuse to comply with L. 2003, c. 183, I will not surrender any DNA!". ( SEE: ATTACHMENT B). Nothing has changed since that letter. The U.S. Constitution at Article 1 Section 9 forbids EX POST FACTO LAWS which this law surely is. I refuse to comply with this illegal act. At the time of my 12/1/2000 conviction no rule, law or statute mandated that I surrender DNA. It wasn't part of my plea bargain and I'm not agreeing to surrender my DNA. - KISS MY ASS! On Nov 20th, 2003 I appeared before the Judge Bookbinder and the ISP re-sentencing panel and I was ordered released on Dec. 3rd. At no time during this hearing was I ordered to submit to DNA sampling either, thus I won't and even if I was I wouldn't. It's a illegal/unconstitutional law that I refuse to comply with.
The Gov. and the stooges in the legislature may not care about the CONSTITUTION but I do. I'm willing to suffer the consequences for standing up in protection of the constitution in the face of these FACIST POLITICIANS who regularly ignore the protections of the Constitution and the principals of freedom this country stand on in enacting new laws. In the past I was arrested and held in the BURLINGTON COUNTY jail for "exercising my RIGHT to FREE SPEECH" in spite of directives of state officials that I not talk about MARIJUANA; ultimately winning my freedom in federal court.
To you state officials who probably couldn't spell CONSTITUTION I'm telling you I'm just as adamant about not allowing you to force an illegal - EX POST FACTO LAW onto me as I was in protecting free speech rights. "Its your move", but I warn you also there is a FEDERAL INJUNCTION in place ( FORCHION Vs BARTLETT, 240 2.d F.Supp 302) mandating that before I'm violated on ISP JUDGE IRENAS be contacted. I'd be happy to add you as defendants in a lawsuit have your ducks in order. Call Mr. Harvey Goldstein about this, he's the director/manager of the Intensive Supervision Program and now a defendant in my "FREE SPEECH LAWSUIT-FORCHION Vs BARTLETT, 240 2.d F.Supp 302". (Docket No- 03-cv-4942)
I've filed a new statute 1983 lawsuit against the state challenging this EX POST FACTO law, it is also before Federal District Court Judge Irenas as docket no.- 03-cv-5063. Contact Judge Irenas for the details. I've done urine analysis I'm not doing any DNA sampling, read Judge Irenas Nov.17, 2003 order carefully.
"One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community
over its injustice, is in reality expressing the highest respect for law." - MLK, 1968
ARROGANTLY SUBMITTED,
_____________________________
ROBERT EDWARD FORCHION, Jr. NJWEEDMAN
U.S Marijuana Party Candidate for U.S. 3rd Dist house of representatives.
P.S.- These correspondences will be also posted on the internet at:
www.njweedman.com/dna.htm - see UPDATE
CC- Harvey Goldstein, Judge Bookbinder, Burlington County Times, Philadelphia Inquirer, Courier Post, Trentonian, Times of Trenton, Star-ledger, Bergen record and various other media outlets on the internet.
www.jersey.net/~njdevil/p...e_jury.htm
www.southjerseynews.com/i...11304q.htm
Courier-Post Staff Tuesday, January 13, 2004
CAMDEN: A Pemberton Township man who has fought for nearly a decade to legalize marijuana pleaded innocent Monday to contempt of court, a charge stemming from his refusal to provide a DNA sample to a state database. R. Edward Forchion of the Browns Mills section was released after signing a $1,000 personal recognizance bond. If convicted, he faces up to 18 months in prison. Forchion stood outside the Hall of Justice for about two hours before his court hearing, carrying a poster protesting the mandatory DNA sampling of persons convicted of any felonies in New Jersey. He said he refused to comply with the mandate because it was signed into law after he was placed on probation for marijuana possession.
Superior Court Judge Robert G. Millenky set a Feb. 17 status hearing in the case.
Assistant Camden County Prosecutor John T. Wynne Jr. told Forchion and defense attorney Mark Fury that they could file a motion in the contempt case to challenge the constitutionality of the DNA sampling law.
Forchion already has filed a lawsuit in U.S. District Court on that issue.
"If they want to raise that issue in a motion to dismiss the indictment,
we'll argue it here," Wynne said.
*******************************************
"STANDING UP FOR YOUR 1st AMENDMENT RIGHTS"
www.njweedman.com
On September 22nd, 2003 New Jersey Gov. James McGreevey signed (L. 2003, c 183 ) legislation into law making every person convicted of a crime (1st degree down thru 4th degree) compelled to surrender DNA to the state Police and Federal DNA
DATABANK. This law makes persons convicted of a crime prior to this laws enactment liable to comply, retroactive laws are regugnant to the principals of a free society. This new law in the opinion of NJWEEDMAN is an example of the EX POST FACTO laws the founding fathers outlawed at Article 1 Section 9 of the U.S. Constitution.
NJWEEDMAN SAYS
KISS MY ASS AN RETREIVE MY DNA FROM YOUR LIPS
This is another time for NJWEEDMAN to protect the Constitution!
SEE LETTER TO GOV: ( click )
www.njweedman.com/dna_sample_refusal.htm
( DNA CONTROVERSY )
www.njweedman.com/dna.htm
***********************************************
11/27/2003 Kiss My Ass
www.njweedman.com/dna_sample_refusal.htm
FROM: Robert Edward Forchion, Jr
1020 Hanover Blvd.,
Browns Mills, N.J. 08015
TO: DIRECTOR of CODIS Compliance unit,
Division of criminal justice
P.O. box-085
Trenton, N.J. 08615
TO: Gov. McGreevey
RE: You and the Gov. can kiss my ass and retrieve my DNA from your lips!
In response to the letter dated Nov 25th (SEE: ATTACHMENT A) dropped off at my house on the 26th telling me I'm scheduled to give a DNA sample on Dec 2, 2003. "I won't be there". As I told Gov. Mcgreevey in a Sept 23rd, 2003 letter to him titled; "I refuse to comply with L. 2003, c. 183, I will not surrender any DNA!". ( SEE: ATTACHMENT B). Nothing has changed since that letter. The U.S. Constitution at Article 1 Section 9 forbids EX POST FACTO LAWS which this law surely is. I refuse to comply with this illegal act. At the time of my 12/1/2000 conviction no rule, law or statute mandated that I surrender DNA. It wasn't part of my plea bargain and I'm not agreeing to surrender my DNA. - KISS MY ASS! On Nov 20th, 2003 I appeared before the Judge Bookbinder and the ISP re-sentencing panel and I was ordered released on Dec. 3rd. At no time during this hearing was I ordered to submit to DNA sampling either, thus I won't and even if I was I wouldn't. It's a illegal/unconstitutional law that I refuse to comply with.
The Gov. and the stooges in the legislature may not care about the CONSTITUTION but I do. I'm willing to suffer the consequences for standing up in protection of the constitution in the face of these FACIST POLITICIANS who regularly ignore the protections of the Constitution and the principals of freedom this country stand on in enacting new laws. In the past I was arrested and held in the BURLINGTON COUNTY jail for "exercising my RIGHT to FREE SPEECH" in spite of directives of state officials that I not talk about MARIJUANA; ultimately winning my freedom in federal court.
To you state officials who probably couldn't spell CONSTITUTION I'm telling you I'm just as adamant about not allowing you to force an illegal - EX POST FACTO LAW onto me as I was in protecting free speech rights. "Its your move", but I warn you also there is a FEDERAL INJUNCTION in place ( FORCHION Vs BARTLETT, 240 2.d F.Supp 302) mandating that before I'm violated on ISP JUDGE IRENAS be contacted. I'd be happy to add you as defendants in a lawsuit have your ducks in order. Call Mr. Harvey Goldstein about this, he's the director/manager of the Intensive Supervision Program and now a defendant in my "FREE SPEECH LAWSUIT-FORCHION Vs BARTLETT, 240 2.d F.Supp 302". (Docket No- 03-cv-4942)
I've filed a new statute 1983 lawsuit against the state challenging this EX POST FACTO law, it is also before Federal District Court Judge Irenas as docket no.- 03-cv-5063. Contact Judge Irenas for the details. I've done urine analysis I'm not doing any DNA sampling, read Judge Irenas Nov.17, 2003 order carefully.
"One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community
over its injustice, is in reality expressing the highest respect for law." - MLK, 1968
ARROGANTLY SUBMITTED,
_____________________________
ROBERT EDWARD FORCHION, Jr. NJWEEDMAN
U.S Marijuana Party Candidate for U.S. 3rd Dist house of representatives.
P.S.- These correspondences will be also posted on the internet at:
www.njweedman.com/dna.htm - see UPDATE
CC- Harvey Goldstein, Judge Bookbinder, Burlington County Times, Philadelphia Inquirer, Courier Post, Trentonian, Times of Trenton, Star-ledger, Bergen record and various other media outlets on the internet.
www.jersey.net/~njdevil/p...e_jury.htm
