Patch Letter To The Editor: 'Weedman' Saga Illustrates Racism In Justice System

To the Editor:

The painful saga of Mr. Edward Forchion, aka NJ Weedman, demonstrates the racist nature of America’s “Justice” system. Denied bail since April 20, 2017, he remains a Political Prisoner in Mercer County Jail. The situation is all the more ironic because Phil Murphy who is poised to become the next NJ Governor has pledged to legalize pot.

The Weedman, it could be argued created his own problems by unashamedly using and respecting Marijuana. The angry authorities were in no mood to ignore his audacity so the Trenton Police pressured a legally vulnerable individual to entrap Mr. Forchion. Appealing to Weedman for some pot, the sale was made leading to the big bust and the present situation.

With news of Weedman’s arrest, Attorney Edward Heybrun contacted Mr. Forchion and offered his services pro bono. This turned out to be a big mistake. Mr. Heybrun was found guilty by an Ethics Committee of lying to his clients on at least two occasions and recommended that Heybrun have his license suspended three months.

The Supreme Court rejected suspension but agreed that his conduct warranted “Censure,” This is more serious than an admonition and requires that a letter documenting the ethics violation be placed in the offending attorney’s file.

Mr. Forchion, unaware of Mr. Heybrun’s history, accepted the “services” of this ethically challenged person. Mr. Heybrun advised that the informant be identified by an online appeal and then publicly exposed. This, he assured, would force the “snitch” to be a witness for Mr. Forchion to prove that the Trenton Police wanted him entrapped then arrested.

This Heybrun strategy went awry. Forchion was charged with witness tampering and bail was denied.
Prosecutor Stephanie Katz is protecting Mr. Heybrun from any accountability for his role in outing the informant. Mr.. Forchion refers to Heybrun as his “un-indicted co-conspirator.”

Katz is also trying to get the judge to prevent Forchion from utilizing the defense he wishes, “Jury Nullification.” This is the right to educate a jury as to the wrongness of the charges and thereby enabling a jury to vote to acquit the defendant. Why Prosecutor Katz is afraid to allow a jury to decide on the worthiness of the charges against Mr. Forchion is chilling.

It is hard to imagine a more Kafkaesque incident where a falsely accused person sits in a cell for months while a cynical prosecutor uses every trick in the book to get a conviction - but in the USA, regrettably, this is not unusual. When will prosecutors be held accountable? When will Judge Massi provide oversight in a case barreling into ugly chaos?

Sincerely,
Steven Fenichel, MD

Patch file photo