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News (Media Awareness Project) - US NJ: Man Cited for Defying Demand for DNA Sample
Title:US NJ: Man Cited for Defying Demand for DNA Sample
Published On:2003-12-05
Source:Courier-Post (NJ)
Fetched On:2008-08-23 20:27:20
MAN CITED FOR DEFYING DEMAND FOR DNA SAMPLE

PEMBERTON TWP. A township man who refused to submit DNA samples to the
Department of Corrections was issued a contempt of court citation Thursday.

Ed Forchion was scheduled to submit a DNA saliva sample to the Camden
County Probation Office on TuesdayDec. 2 as part of a new law requiring
samples from people in prison or under the supervision of either a parole
or probation officer.

Instead, Forchion sent a defiant letter to Gov. James E. McGreevey and the
Department of Corrections.

"I won't be there. I refuse to surrender my DNA!" Forchion said in the
letter dated Nov. 27.

Forchion said he received several phone calls Tuesday Dec. 2 from the
state's Intensive Supervision Program informing him he would be found in
contempt of court and possibly arrested.

Forchion said the DNA testing violates ex post facto law and was not a
condition of his 10-year prison sentence in December 2000 for possessing 25
pounds of marijuana. He served 17 months before being admitted to a
20-month intensive supervision program in April 2002. His parole ended at
12:01 a.m. Wednesday.Dec.3.

"If they passed the law after I got convicted I wouldn't even be fighting
this," he said. "You either have the Constitution or you don't. You don't
go making exceptions to it along the way."

On Thursday morning, Forchion said he evaded officers parked outside his
home, but was served the citation at a convenience store in Wrightstown.

A hearing has been scheduled for Dec. 12.

"I am guilty of contempt," he said. "I did not give up my DNA and have no
plans to do so."
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