MARIJUANA ACTIVIST ASKS FOR DISMISSAL

A Browns Mills man stood before three appellate judges Wednesday, asking
them to overturn his prior indictments on marijuana charges stemming from a
1997 incident.

Ed Forchion, a marijuana advocate, claims the courts, prosecutor and public
defender's office denied his constitutional rights on numerous fronts,
including due process and equal protection and illegal search and seizure.

Donning his favorite uniform - a cannabis leaf on the back and the slogan,
"I love my country; I fear my government" on the front - Forchion made an
impassioned plea. "Just because I advocate legalization doesn't mean I am
denied certain rights," the 40-year-old said.

Why dredge up the past?

Said Forchion: "Addiction may be conquered, but conviction is not. Once
convicted of a crime, it's a life sentence."

His conviction shows up when he applies for jobs. A truck driver, Forchion
lost his truck and his house in the aftermath of the legal proceedings that
date from his arrest in Bellmawr in November 1997.

A decision could take as long as 90 days. Should the court dismiss the
indictments, Forchion faces possible trials and jail time on two other
unrelated charges lumped in with the pot bust: A weapons violation for
carrying a stolen gun and a theft charge for swiping $500 in chips off a
blackjack table in Atlantic City, both from 1996.

But Forchion already served 17 months and with probation, would not have to
serve more time, his lawyer John Vincent Saykanic said.

"I've never seen a case with so many constitutional violations," said Saykanic.

Key to Forchion's appeal is a claim that a significant piece of evidence -
a cooler containing marijuana - was illegally searched in Arizona without
benefit of a warrant first.

The package went from Arizona to Philadelphia and finally to Bellmawr,
where authorities obtained a warrant and arrested Forchion and his brother,
Russell.

"The search warrant showed what was in the box, so I knew it was opened,"
Forchion said. "I believe the DEA seized the package and turned it over to
state authorities, violating the Fourth Amendment protection against
illegal search and seizure."

In his appeal, Forchion claimed it took three years before he found out for
certain the package was opened prior to obtaining a warrant.

Jack Weinberg, the attorney for Camden County, said local investigators
were also unaware that the package had been opened until 2000. "As soon as
we found out (about the search), we delivered the report to defense counsel
chambers."

Forchion also criticized the Camden County public defender's office for its
refusal to cooperate in building a defense because he favored legalization
of marijuana.

"We're arguing the public defender should have pursued this case, and was
wrong dismissing it out of hand. If he loses, he loses, but they dismissed
it," Saykanic told the appellate panel.

Faced with a possible 20-year sentence, Forchion accepted a plea bargain in
2000 and received a 10-year sentence. He entered Riverfront Prison in
January 2001.

In January, 2003, U.S. District Judge Joseph E. Irenas said the state
violated Forchion's First Amendment rights to advocate a change in the
marijuana laws.

If the appellate court rules against him, Forchion can request a hearing
before the New Jersey Supreme Court, and if that fails, move to dismiss in
federal court.