A FEDERAL CASE: 'WEEDMAN' SEEKS RELIEF FROM HIGHER COURT

The Case Of Ed "Njweedman" Forchion Is Headed To Federal Court.

Believing that he is being held in jail unconstitutionally, Forchion
petitioned the federal district court in Camden for a "writ of habeas
corpus" -- lawyer-speak for a federal judge to determine whether an inmate
is being imprisoned lawfully.

Judge Joseph Irenas accepted Forchion's petition, and now the state has
until Oct. 28 to explain to the judge why Forchion is sitting in the clink

"The judge clearly saw something legitimate," said John Furlong, a local
lawyer and expert in these matters. "He [Forchion] made it through the
door, which puts him head and shoulders above everyone else."

Furlong explained that the federal courts are deluged with writs of habeas
corpus, and very few get accepted.

"He's moving in the right direction," Furlong said. "He's got a leg up."

Forchion has been stewing the Burlington County Jail for a month.

He was arrested Aug. 18 after filming three commercials that the state
claims advocated the use of marijuana.

The commercials, as seen by The Trentonian, dealt with First Amendment
issues and the war on drugs, and did not explicitly advocate the use of
marijuana.

But that's what members of the Intensive Supervisory Program said he did.

ISP is a heightened state of parole Forchion was put into it after 17
months in prison for transporting 25 pounds of pot into the state.

As part of Forchion's deal, ISP allegedly forbade him from advocating the
use of marijuana, though Forchion claims no paperwork on such a restriction
exists. Tom Bartlett, the South Jersey head of the ISP, said it would be
"inappropriate" to discuss any matter regarding Forchion when asked the
details of Forchion's ISP deal.

On Tuesday, Forchion was supposed to appear before a three-judge panel in
Hunterdon County Court.

The hearing was meant to determine if Forchion did in fact break the terms
of the ISP deal.

Witnesses were in court, Forchion's lawyer was ready to go, and the judges
said they would hold the hearing for last, supposedly so they could get a
firmer handle on the case.

The only problem with the hearing was that it never took place -- the state
failed to arrange transportation for Forchion from Burlington to Flemington.

"It was an honest mix-up," Bartlett told the judges. "The writ was never
sent to the Burlington County Jail. We tried to make arrangements to get
him here, but it's physically impossible."

No new date for the ISP hearing was announced.