UP IN SMOKE Marijuana advocate wants chance to argue case \D B S 0K, 7S JUST ILLEGAL KICA FOLITLCAL PRISONEN of it's "RACIST" WAR Ou DRUGS" EDHARD "NIWEEDMAN® FORCHION RIVERFRONT STATE - DRUC WAR GULAG CAWOEN, NEW JERSEY 08101-9104 visa 7 oct. 7tn, 2001 m S0 CHICAGO ABC ZINE DISTRO - PUBLISHER AND DISTRIBUTOR P.O. BOX 721 HOMEWOOD, ILLINOIS 60430 RE: INTRODUCTION LETTER OEAR AcTIVIST, M nase is EDWARD FORCHION - aka-NIWEEDMAN, RELIGIOUS PRISONER of AMERICA'S WAR ON DRUGS. System I had once 5o ardently fought against, the beast ( The U.S. prison/plantation syste This 15 the first tine 1* RASTAFARIAN by fatth, and I am a POLITICAL- new to the prison nov I'm i the belly of + BABYLON it's sert. ve been tmprisonsd I'm 37 years old and a AMEhoush I truely belleve the WAR ONDRUGS and what people chose to_ingest® (nto theix own bodies ta wrong. I epathically belete tpe U-8. Prohibition of the "WER" marijuana violates my constitutionsl AioHT to fresly practics ay falth. In fact the U.5. Seatrelled supsraucE A% of 1970, made all religlons that use the HERD as a sacrament 1llegal Vhieh goas totally againat the prinieipals this countey vas founded en. "I LOVE Y COUNTRY, BUT FEAR MY GOVERNMENT" 1ot on the streets. The government hi free, never will it make ) was a tera I satd a taken my freedom but I'm still boleive the lie's/dlstortions it presents AR. THe var on drugs s wrong, unjust, racist 2nd @05t taportantly UNCONSTITUTIONAL. Prior to ay laprisonmeat I considered myself and AMERIGAN DISSIOENT no¥ 1's 3 FOLITICAL PRISONER. I have a website: NIWEEDMAN.CON that 1 created before inprisonment and from, t1s date Lt for to tlme supporter's will up- - A fiev page will soon be added ¥wi.njueednan. con/pol L ELcal-prisoner. htal & wcelmn /Zaé;\ UNCONSTITUTIONALLY 1MPRISONED by 3 EDMARD "NIWEEDHAN" FORCHION niveednan. con/pol1tical-peisoner. htal T'a a 37 year old married AFRICAN-AMERICAN man, father of four children and two step-children. This is my first time in prison and T never thought I'd ever be in prison.I alvays regarded myself as a Patciotic citizen, having cved In both the USHC and USARMY as vell a8 the N.J. ARMY NATIONAL GUARD. I's'mow, a POLITICAL/RELIGIOUS PSI- SONER of AMERICA'S VAR ON DRUGS, Leprisoned without the RIGHT to a FAIR TRIAL, largely because of the RELIGION I chos to follov. T freely aduit that I've used marijuana for close to tuenty yeais before I vas ever arrested for Lt. I've never believed the Lie's and exaggerations the government presents as facts about marijuana. Mari- Juana has alvays been bentfical to se, I've used it for recreational, © creativity, medical and RELIGIOUSLY and other than this lmprisonment macijuana has never harmed me. It has alvays enhanced my 1ifei In 1990 1 was honorably dis-charged from the U.S. ARY and bages 't to coast trucking soon after. T didn’t take me long to realize cijuana cost 300 hundred dollars a pound in Arizona and sold £0r 1000 or more in Wew Jersey, my home state. Soon I had bought ay own truck, home, but the stress and long days avay from home destroyed my marciage to my first wite, were. divoced in 1994, that Atter my divorce I vas treated for depression with prescriptios drugs Like Z0LOFF, and PAXCIL. When I told the Or.'s that macijusna helped me more than these drugs, without the unwanted side-ffects, T vas ridiculed. This vas when I decided to actively get involved the movement to legalize marijuana. As a coast to coast trucker ay service's as a smuggler bec very taportant for several groups on the east coast who received and distributed marijuana for those in need. AMthough I knew marijuana was Lllegal, T regarded the "macijuans” lava a5 unconstitutional for falling to make religious exeaptions ‘or the use of marijuana, during the current PRONIBITION on DRUGS. Even during the Alcohol Prohibition, Title IT, section 3 of the VOLSTEAD ACT alloved for the Religious use of Alcohol (wine) for christians to use as sacrament. Why no similar exeaption for marijuana "RACISH"? Tuo veeks later T aotioned the courts to withdraw sy plea citing Ehe UNFAIR TRIAL& T dldn't trust the state to follow thru vith it's deal. I briefly panicked and ran to CANADA but I returned before DEC.1st 80 that T could appeal. So I entersd the N,J. PRISON systes on DEC. 1st sentenced to 10 years. Two sonths later my worst nighaare occured I Feceived a letter from 1.S.P. that I vas ineligible for I.S.P. . I bad been basboozled, tricked and denied a fair trial just to get se in prison. Now that I' with the ten ye .= here the state ranigged on it's deal, I'm stuck © sentance instead of I.5.P. Since then the PUBLIC DEFENDER'S OFFICE has purposely failed to file my "NOTICE OF APPEAL" which by law is supposed to be filed o later than 45 days. After much complaining it vas finally filed on SEPT 4th, 2001 10 months late. The transcripts of ay case are being “ith-held from me, to prevent me from actually filing ay appeal or shoving them to lawyer's villing to assist me in getting a new trial, this one a fair trial. There wsa conspiracy amongst the local legal fon to prevent--se from having a falr trial, now this conspiracy ping me fros APPEALING by with-holding my tramscripts. There Ls no-doubt in my eind I'm a political/religious prisoner Of AMERICA'S "assinine” WAR ON DRUGS. Recently two lawyer's have volunz- eced to "assist” me with f1ling a APPEAL of Ehis unjust Leprisonaent. Throught ay ordeal the only thing T vanted was a fair trial, and at the last moment I was denied this basic CONSTITUTIONAL RIGHT, because I Wished to present the truth about marijuana to my jury. This is vhy T was dented the right to pr nt vitness's. NN . HIWEEOHAN, COM POLITICAL/RELIGIOUS PRISONER EDHARD. "NIWEEDHAN" FORCHION-414575 RIVERFRONT STATE - DRUG WAR GULAG CAMDEN, N.J. 08101-9104 PLENSE VIEW TUESE PAGES: (Homs-page) WWW.NIWEEDMAN.COM www.njueednan. con/pol 1tical-prisoner. htal Jamerican_dissident htal Jccintnalcase.htal (see new box on bottos of pae) Imy_storyl.hta Iractst_arug_var.hta va heal Ixactst ) 444/radio_tnterveivs.htal Ie1d1culous_var_on_drugs.html 4% [top_secret_right.htal Iuake_up_amerikkka.hta /rasta.nta Activist Employs Nullification Defense - When [Forchion's] trial began, Judge Thompson - dismissed a juror after a teary episode wherein the . juror said that she could not bear to be a part of @ decision In the case. "She kept saying, ' can' E judge this man. | really wish she had stayed on my Jury,” said Forchion. . [ Y Gy ARRER fow miuts ltr efore the udge l with a commit- vived) s smiling policeman removs o oo e, Fochion e e 0 i Frontof Tone widy un. [ the Liberty Bel nd otherlocaions : popular with the P ling e elps, efore his last arrest, of course), add 3 Forchion _ routinely Tl bravery and parked his van along an exira-big dol- busy roads and set ut lop of chutzpah, books, pamphets and Thins romoting and you end up the lealzalion of po. Sometimes the ' o e B ey Tl cops would run him off, sometimes they \ S ne Weodoan fommn just sat and walched i, But there were always people who siopped nd talked former cross-country trucker {rom it bion i full ngroemment with his po- Pemberton Township, NJ, w VA SHR R L o s med s ath . one migh sl demure b N o arhion i e yonotr e P o oo o bt Foehon s e yomgr ot v . marjuans Nor nthecnd, washe whie- TG anes had becn around long antopushisrighloutizsthedoctine o e CICL U 28 SOt lent : oliory mulifcaion n b defense when Lot LT e, It s the ‘ P i0 ool oS0 younger ome, he 1aid, who have 4l 2003 1o New Jersey in 1997, He and his b from gt adbe- broterRuselloogwih bindeen v hat marusna s dangerous. dant, i Pool, were amested on No- Forchion has lso made headines vember 24, 1997, afler picking wp the fiom hs $17 milion s sganst 1 shipment at the Bellmawr Industrial Park. Woodbury P Department, the The trio even ever-so-cleverly utlized the- Gloucester Township, ts police deparl- superior services of Federal Express as ‘men, the State of New Jersey, the state their interstate courierin the deal! Ed was police and one of ts stae troopers. The e Ganrinthed italleges tha these ctiis i e Ths 40 pouniamstwisathe st Fist Amcndméat ighi when b time E4 had made the news with respect rested and charged with"defiant respass® 10 the War on Drugs, however. In March while campaigning in 2 vacant lot on of 1998 Ed I up »jont in b e Rovte 43 an’une 26, 998, Forhion s Camden Counly Bemocaic Headqumr. running for New ey S ssemany . ters and the office of USS. Represenis- at the time on the Legalize Marijuana 5 tive Rob Andrews. Upon sppearing for licket, * o anth haris g fom e Notso-lucky Ed Frchion ws the . diplay (wherehe plead ot gl pans. (it person charped under th e el EA walkck o on of g . countroom and placed a small marijuana (Continued on page 18) plant n atabie there Painted on the pot toughencd New Jersey laws for possession.of marijuana, which now make it a first-class felony. Released al the. time on $65,000 bail, he faced 20 years if con- victed. His_brother Russell and Eric Poole cach pled to lesser charges and served short sentences. But not Edward. He chose, instead, to fight the charges to ry to convinee his jury of the unconstitutionality of the marijuana laws. On September 17, 2009, the day before Torchion's trial was {0 begin, Indge Stephen ‘Thompson of Camden County Superior Céurt reaffirmed another judge's ruling that Forchion would not be [Forchion] began his opening argument by comparing himself to Rosa Parks. He tshirt with that bore the message, “| love my country; | fear my government.” He told the jury that when Parks refused o give up her seaton a segregated bus in 1955, she disobeyed the law because it was the| tight thing to do — and that he, too, was a pioneer for what was right. Edward "The Weedman" Forchion permitted to introduce the doctrine of jury nu lification to his jury. This did not deter Forchion, however, who said he would do it despite the judge’s order. ‘When his trial began the nex! day, Judge Thompson dismissed a juror afler ateary episode wherein thejuror said that she could not bear (o be a part of a deci sion i the case. judge this man. I really wish she had stayed on my jury," said Forchion re- cently. “Appearing pro se, with lawyer Jnime Knigh advising, he began his open- ing argument by comparing himself 1o Rosa Parks. He wore a khaki summer suit and a t-shirt with a marijuana theme that bore the message, “T love my country; | fear my govermment.” He told the jury that when Parks refused to give up her seatona segregated bus in 1955, she dis- beyed the law because it was the right thingto do— and that he, too, was a io- neer for what was right. John Wynne, . a Camden County assistant prosecutor, offered Forchiort a last minute plea offer which wasrefused, despite the fact that his family had urged him 10 accept t. Under the offe, Forchion ‘would have been cli 33 months, Forchi would have compromised his principles. Forchion asked the jury to invoke its power to nullify the law under whic} he was chaiged. As he finished up opening statement, he said he was sur. prised that Wynne had notobjected o his bringing p the nullification power. Judge ‘Thompson chimed in, “So am 1." ‘Wynne declined to comment at the time, but later said thathe thought that the tactic would only hurt Forchion, and that it ‘would not have hurt the: prosecution’s case atall, citing the jurors" fears that “the marijuana could have ended up in the hands of children.” But that ‘statement didn’t completely jibe with Wynne's next plea offer or his later statements. Afterjustone day of rial, Wynne offered Forchion a reduced charge of pos- session with the inteat o distribute and conspiracy to distribute marijuana, both second-degree of- fenses. The reduced sen- tence could have resulted in Forchion scrving a5 litte as'six months in prison and then being placed on intensive su- ‘pervisory parole (during which time he could be tested for drug use at any time). ‘Wiynne admitted that Forchion's - fense strategy prompled him 1o offer a firly “lenicnt” deal. “He's reprcsenting himself, and when that happens, some- times juries fecl sympathy because he's not 4 lawyer.” (Is it possible that Forchion's plan to appeal 10 the jurors sense ofjustce might have played a part in the prosecutor’s decision? Probably, but we doubt e would ever admit i) Part of the deal also included Forchion being able o speak to the jury again. Aflr poll- ing the jurors, he said that at icast ive of them were on his side. “I would have » who is married and has four children, said that he would do what he could to keep his time in prison (o a minimum, including taking a break from smoking marijuana during his probatior. But he didn't promisc 10 give up mari-- juana forever, “I've always felike , and Talone, control my body. By signing this plea, Lam giving up my right o regulate my own body. Whea.I get back, I prob- ably will use marijuana again" /0. Itappears thatForchion thought that i six months and parole wasn't ‘minimum"” enough, because before his sentencing was 1o have taken place on December 14000, he left the country and holed up in Canada where he waited for answers from several countries from which he sought asylum — including Cubal Before leaving the country; and af- terenteringhis guiltyplea, Forchion filed - a motion {0 retract the plea, which was denied. He then went o Canada wa iade: his asylum requests to several counlries. “I don't know whether I made the right ‘mGve or nol,” he said, but added that he ll was o (at the time) considered & fugitive from Justice, and wouldn't be unilhis sentencing date arived. He said he dearly missed his wife and children and had conflicting emotions about his flight to Canad, So, what happened to Edward Forchion? He returmed to the US., was séntenced 1o ten years and was given the right to apply for intensive supervisory parole afler six months. Assistant pros- ecutor Wynne did not contest Forchion's application for parole. Forchion has recently bee in con- tact with FIJA and has requested that he be supplied with several hundred FIIA brochures so that he can distibuie them in front of the courthouse every Monday. “Itruly believe one of the ways this ‘war on drugs is going (o end,” he told Larry Dodge, “is with people refusing to ‘condemn people o prison. for drugs. have ried 1o make it my mission notonly o talk about legalizing marijuana, but about jury nullficaion. “I've become a hated man around here in the legal and Iaw enforcement communities.” ‘He added, “T used jury null cation as a weapon of WAR — the state was afraid of it.” E i Forchlon, ourtroom. JIIINT LEGISLATIVE SESSION Activist Lights Up in Assembly AMERTRRKA = THE CONTROLLED SUBSTANCE ACT OF 1970 “THE RE-INCARNATION OF JIM CROW" Dy Edvard "niveedman® Forchion (Feb-2001) Many people will tell you slavery ended In 1865 with the victory Of the Union force's over the Conferate Rebel's. "Mayb aybe not but I can say with 1008 cortainly slavery vas actually made legal in 1865 ¥ith enactment of the 13th amends nt: NEITHER SLAVERY NOR INVOLUNTARY SERVITUDE,EXCEPT AS_A_PUNISHMENT FOR A CRIME WIEREOF THE P WAVE BEEN DULY COWVICTED, SHALL EXIST WITHIN THE UNITED STATES, OR ANY OTER PLACE SUBJECT TO THEIR JURISDICTION. 'CONGRESS SHALL HAVE POWER TO ENFORCE THIS ARTICLE BY APPROPRIATE LEGISLATION. L S0 in reading this amendment SLAVERY was made LEGAL by the 13th, and congress had the power to pass legislation just hov slavery vas to be Lmposed! Congress couldn't just pass legislation re-inslaving blacks without using "DEJURE -cr- DEFACTO DISCRIMINATORY" lavs. Lavs that explicity discriminate against racial, religious or ethnic minorities intentionally ace called “DEJURE" dlscriminate. Hany of these lavs exist even thoush the law in question is racially "WEUTRAL® on 1t's face: the law maybe delibaratedly adainistered in » discrininatory wa or a lav although neutral in it's language and applied in accordance with 1t's terms, or may have been enacted with a purpose (or motive) to disadvantage a "suspect class of citize The Constitution calls them "SILL OF MTAINERS" (Const.Acti§9, cl. 3) and forbids them. In addition to "DEJURE" discriminatory lavs, government action that is ractally neutral in it's term adnintstration, and purpose but which has a discriminatory effect/impact is a"DEFACTO" discrimiz- atory lav, and is classified as a " LL OF ATTAINER" as vell. 13 In 1970 Congress used it's power's to legislate to re-enslave lack-nales, in compliance with the 13th amendment. In the SO0 year eriod from 1919-1969 the rate of incarceration i the U.S. vas re- arkably stable at about 110 per 100,000, Then in April of 1970 the 11 white U.s. Congrs Passed the CSA - Controlled Substance Act. Ince 1970 the incarceration rate has skyrocketed to 645 per 110,000 ompared to the 370 per 110,000 for whitemen. The rate for blackaen 4 10 times faster than the rate for whit it Wany white pol- ticans will tell you {s was not the intended purpose, I totally dis- gree this was the intended purpose of the CSA. Certain racist segaezzs £ our. government knew exactly what they vere doing. In April 1970 there were 600,000 prisoners in the U.S. prison ystem for what I call comson cris = (victim crimes) like rape, urder, kidnap, theft and assualt. At the time there vere only 47,030 rug offender's, most were white. Today there are still those 600,00 T 30 prisoner's lmprisoned for th same common crimes but there ix n additional 1.4 million (CSA) offender's and 8OV of these are black nd over-all 63V of all prisoner's are black, while ve make up less han 24% of the population. wou'D 1T HAPPEN For much of the 20th century the KU KLUX KLAW and other “hite sccrat society's had & national and "msinstrean® profile and sership (former Alabama Senator and Supreme Court Justice NUGO BLACK @ current racist Senator () ROBERT BYRD (W.Va.) were members to name couple), until the end of the 60's. Racise (JIH CROW) had been inst- utionalized in so-called * parate but equal® facilities, segrated ools, housing, transportation and openly dis criminatory vorkplace's. th hard fought battles the Martin Luther King led civil rights organ- ‘ations tore town the pillars of JIM CROWISH. The passage of the Voting PAGhts Act of 1963, the Civil Rights Acts of 1964 & 68, and the nuserous Supreme Court rulings L.e. (Brown Vs. Board of Education (Ark)) had all St Killed JIN CROW. -~ * Martin Luther King was really killed in 1968. Y JIH CROW had to svitch tactic's to resurrect himself, and a nev chaspion of AmeriKKKan Aryanism v seen in Richard M. Nixon ( later Ronald Reagun surpas 4 even him). Nixon v sworn into office in 1969 Just months after Martin Luther King's sination. With the civil rights movement in shembles after Kings murder, tricky DICK vas now President. Hixon had won the presidency on a campalgn he and his election te characterized as a "southern strategy” that included "LAW and ORDER" a3 code vords for "control of urban and black populations®. With the Eev civil rights structure legally in place those sypathetic to the sraditional advantages of the white majority n ded new and revamped systems of racial control, disenfranchisement and racial stigmatization. Eut of course explicit, outright discrimination wi now {1legal 1 BUT SLAVERY WASK'T "TRICKY-DICK", and his administration resorted to "DEJURE and BEFACTO" methods. Remember policies that were facially, racially neutral vere critical, indeed t{gen for_the conservative racist and ional”; for the liberals. Thus the passage of the CSA became the most nobject, s:scessiul of all the JIN CROW laws ever, and it vas passed right in - 543 mists of equally historic civil rights legislation. Even the \C? vas ¢uped into supporting this racist law. Recently as the pro- “iling case's show the NAACP has had their eye's opened. I sometim wonder 11 br. Mactin Luther King vould have recognized the racist law 2% @n attespt to undo everything he fought so hard to accomplish. The (€SA) 15 touted the beginning of the "WAR ON DRUGS" by Politicians and drug var crusader's, when actually it was the re - carnation of JIN CROW. It's absolutedly no mistake that most CSA of- s fender's are AFRICAN AERICAWS, * IT WAS THE INTENDED PURPOSE CSA sade haral, e substance's 1ike MARIJUANA 1llegal in a deliberate attespt to disentranchiss, enslave and criminalize minoritles and punish the civil rights anti-Vietn tinized by the CSA vere considered war movements. White people Vic- inforned poor white trash bythe litist aryan JIH CROWIST - [COLLATERAL VICTINS) Terms like hippy, carpetbagger, yank or nigger lover vere used to describe them. Many are sent to drug prograns ins! 4 of prison, Lf you don't beleive me ust visit a drug “education progra” and then a prison. The result you'll see 1sn't a accident either, that's the intended purpose, re- educate the mis-guided poor white and enslave the African. Rich white ¥ho use marijuana or other illegal drugs use the tera "youthful indis- eretion®, (1. George Bush, Clinton,Gore) and feel exempted from the CSA. Rightly so, they veren't the intended victims of the CSA. Police officer's, lawyer's, Judge's, politiclans, both black and White nov use the racist war on drugs to furthur thier carrers, line thelr pockete, and JIH CROW just sits back enjoying it all. Hone of thex have anymore morals oi ‘respect for individual liberty than & GESTOPO agent. Prison's have taken the place of plantations, vardens instead of overseer's. At the end of the civil var ¢ million blacks vere rele ed from slavery, here at the turn of the 21st century 4 aillion Africans are enslaved again. Our prison/plantations hold over a million africans, at any glven time 2.5 milllon are in some type of involuntary servitude ( parol probation, etc). More Atrican men are enslaved than are in college, thanks to the CSA's intended purpose. One of the dlscriminatory vays the CSA utilized, vas to ban acd outlaw substance's u 4 by people of color, or controlled by people of color. At face the CSA is targeting drugs but in reality it tarseis "us". ( Use ch o to catch a mouse, meat to catch a shark, marijuasa By TOm FEINANDEZ Sl Wrior Waltng in Canoda_for aplum 15 Cuba, tha New ey i ' ot “Bertthl o could s o of cisence ho b mark: i | t i ot 0 avo &' Tight 1o choose Ty dotenae. Fhav o rght 1 T sistonce. | s tn iling The. Trentonian LA o] e King, Doeja, Ajancn, Marin and Chanel. ) e e Chanel e out 10 this undated pholo from s g and e e Mathuana-acive] Edva Forlign & eied win e i mase"the gt K- imitedaves the oeen o™ from American 1900 editoria) written by aditiedaverthe phane. 1y PG SR AT Hnddon > Helghis aseh Raafrion, whd macne] Pl ollorney David _ Marcos o g acined Forchion said that he will Riagonese . = aian ; o b b s ot ko theedhon v, U Ficw Sy ‘A aer o reveives th e bl ol approve o e nsylum request from Forchinn's lifestyle. g et hearing ot 2T T e iy o madelwed” 7 s vt 5 o *If nothing clse, they Loo fication” that :n:nn(v: with intent. W “ltmj\lnvy.h ey Ul you'tnt” indinpennble politicnl right Rithories stege i n By clFgoverning Forchion wna partof g b i hippo 55 pomis in the lelimaver Tndusiriol Ho added that he nlso a Tesponas o thae gvern: Park, » & N e ebia e vl ric regordimg thel o i g th oo "Forchions. rgument for et and T o a5y on n . Gy Sl e was esoes Btk nna ot n i Popsession chares E:{U.'.‘A I.h.(..’nllwm.l.,m. eripinal prosecuions™ o il denied Him U gt 1o Adiling it while con- Forchion pleaded guily in Togel defene Knawn situtions ofonly threa tates These chiries but. mubse. . {Marylond, " Georgia~ and oty B ' motion o nai coplicly proect o e plea ilnn:llmh(mdlif( nm:;fllub the _right -m? fiw!ll of Wi il st e vy naceiiot: s by e o eawing, Forchion could foce {20, A7 10 8 jury that the i\«g ese argued thal 1 oo 10yenninprivon, e arpument was Jemey Consilsion imeie. e e a5 o T, e oy b i i process, - defen- tion and commands rors e v {nginer wer s which he sl BN T oy T i i bt uhavo . should ot tised, bt 1o exient cons Assoiated Press comtibuted oy this meport, Irestonan PROTWLESUE BRABARY Edward Forchion, of Browns Mills, 1akes a reefer break at the State House Thursday. Bdward Forchion #4575 Riverfront State Prison / P.O. Box 9104 Canden, New Jersey 08101 - 9104