JOHN VINCENT SAYKANIC, ESQ.

N.J. BAR ID NO.: 045801984 1135 CLIFTON AVENUE CLIFTON, NEW JERSEY 07013
TEL: (973) 779-1124 FAX: (973) 614-0386 E-MAIL: JohnVincentEsq@aol.com

AMENDEDSUPERIOR
______________ BRIEF AND
COURT OF APPENDIX ON BEHALF OF
___________ : NEW JERSEY
THEDEFENDANT-APPELLANT
STATE OF APPELLATE DIVISION EDWARD R. FORCHION IN
SUPPORT
NEW OF DOCKET
HIS NO.
APPEAL
A- OF THE IMPOSITION OF PRE-
JERSEY, : : v. 002811-16T6
: : EDWARD CRIMINAL TRIAL
ACTION DETENTION
FORCHION, : MERCER COUNTY
aka NJ INDICTMENT NO. 17-
WEEDMAN, : : 02-0105I ON APPEAL
Defendant- FROM AN ORDER OF
Appellant. : THE SUPERIOR COURT
John Vincent Saykanic,
______________ OF NEWEsq. and LAW
JERSEY, THE DEFENDANT IS CONFINED Edward R.
Heyburn, Esq. On the Brief
___________: DIVISION, MERCER
COUNTY, ORDERING
THE PRE-TRIAL
DETENTION OF THE
DEFENDANT-
APPELLANT
SAT BELOW:
Hon. Peter E.
Warshaw, Jr.,
J.S.C.
 TABLE OF CONTENTS
Page No.

PROCEDURAL HISTORY AND STATEMENT OF FACTS . . . . . . . . . . 1

LEGAL ARGUMENT

POINT I

MR. FORCHION RESPECTFULLY SUBMITS THAT THE ORDER OF PRETRIAL DETENTION

SHOULD BE REVERSED SINCE THE SCORING IS TOTALLY INACCURATE AND THE
REAL MOTIVATION OF
THE STATES APPLICATION IS TO PUNISH MR.
FORCHION FOR HIS POLITICAL ACTIVISIM; MR. FORCHION SHOULD BE RELEASED
FORTHWITH . . . . . . . 3

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . 8

INDEX TO APPENDIX

Indictment No. 17-02-0105-I (filed February 28, 2017) . . Da1-2 Complaints

Warrants . . . . . . . . . . . . . . . . . . Da3-12 Pretrial Detention
Motion Order (dated March 7,
2017) . . . . . . . . . . . . . . . . . . . . . . . . Da13-15 Public
Safety Assessment Recommendation to Court . . . . Da16 Criminal and Court
History . . . . . . . . . . . . . . . Da17-20 Order to Unseal Indictment
(filed March 6, 2017) . . . . . Da21 Notice of Motion Pretrial Detention
(dated March 4,
2017) . . . . . . . . . . . . . . . . . . . . . . . . . . Da22
Certification in Support of Pretrial Detection . . . . . . Da23

i
 PROCEDURAL HISTORY AND STATEMENT OF FACTS
The genesis of this appeal is the long-running battle between Mr.
Forchion (a long-time pro-marijuana, civil rights, and First Amendment
activist known as NJ Weedman) and the City of Trenton (and Police
Department) concerning Mr. Forchions operation of his restaurant, NJ
Weedmans Joint and an adjacent cannabis church on East State Street in
Trenton. The Trenton Police Department has unfairly harassed Mr. Forchion
and his patrons, contending that an 11:00 p.m. residential zone curfew
applied (instead of a 2:00 a.m. Business Administration zone curfew: City
Ordinance 146-22A). As early as December, 2015, the police have tried to
close the restaurant/temple.
The pending Mercer County Indictment (No. 16-08-6771) relates to
marijuana-related charges stemming from a raid by the Mercer County
Narcotics Task Force on April 27, 2016. The raid was spurred by a
supposedly confidential informant (CI).
Mr. Forchion was released on bail on the pending marijuana charges
and, while on bail, became involved in a public battle with the
Prosecutors Office to obtain relevant discovery. During a police raid on
April 27, 2016 law enforcement seized DVRs and a computer hard drive which
contain surveillance footage (proving police harassment, violations of
civil and First Amendment rights, and police lying about a supposed
1
February 28, 2016 fight. On March 9, 2016, Mr. Forchion filed a federal
civil rights suit against the Trenton Police (and others) presently pending
before the Honorable Peter G. Sheridan, U.S.D.J. (Liberty Bell Temple III
et al v. Trenton City Police Department, et al, 3:16-cv-01399-PGS-LHG).
Mr. Forchion is entitled to the identity of the CI (now public
knowledge), whom Mr. Forchion believes was videotaped by his surveillance
system. He intends to raise an entrapment defense. Upon receipt of the
repeatedly requested and long-delayed Affidavit in Support of the Search
Warrant, Mr. Forchion knew the CIs identity and began requesting CI
information from the public on the Internet (never posting threats or
threatening images). In August of 2016 Prosecutor Stephanie A. Katz sought
a restraining order preventing release of the name of the CI.

In September 2016, Edward Heyburn, Esq., filed a state civil action

alleging police and prosecutorial misconduct (and also publicly naming

the CI as a defendant). Mr. Forchion is thus entitled to information

relevant to his civil action, including discoverable information as to

the defendant CI.

On December 19, 2016, Mr. Heyburn argued the restraining order before
the Honorable Anthony M. Massi, J.S.C. (Mr. Forchion, however, was only
provided with a redacted brief). On January 6, 2017, Judge Massi stated he
would rule in 12 days but
2
 did not, however, issue his ruling barring Mr. Forchion from releasing the

name of the CI until February 27, 2017. Accordingly, there was no Court

Order/Gag Order in place when Mr. Forchion purportedly violated the Court

Order (the CIs name was already public knowledge). Mercer County

Indictment No. 1702-0105I (witness tampering) was filed on February 28,

2017.

LEGAL ARGUMENT POINT I MR. FORCHION RESPECTFULLY SUBMITS THAT THE ORDER OF
PRETRIAL DETENTION SHOULD BE REVERSED SINCE THE SCORING IS TOTALLY
INACCURATE AND THE REAL MOTIVATION OF
THE STATES APPLICATION IS TO PUNISH MR.
FORCHION FOR HIS POLITICAL ACTIVISIM; MR. FORCHION SHOULD BE RELEASED
FORTHWITH

Per N.J.S.A. 2A:162-20 [Pretrial detention], the Court

should consider in pretrial detention:

the protection of the safety of any other person

or the community, or that the eligible defendant
will not obstruct or attempt to obstruct the
criminal justice process . . . (emphasis
supplied).

The State moved for detention with regard to the third

prong of the triad, that would be obstructing, a criminal

justice process (T15-24 to 6-1): [a]nd his goal in this case is

jury nullification. Again, that is obstructing the

tion hearing dated March 7, 2017. 3

administration of justice. (T35-7 to 9). Jury nullification should not
be grounds (an unconstitutional prior restraint) for denying freedom. It
is Mr. Forchions First Amendment Free Speech right to advocate the theory
of jury nullification.
The Court quoted the Affidavit which quoted a newspaper
article purportedly quoting Mr. Forchion: If you ask me
straight up would you do 7 years or let this guy get shot in the head, I
would let him get shot in the head. My concern is beating this case by any
means necessary. (T43-22 to 25). Mr. Forchion testified this quote is
distorted and when the reporter asked if he cared if someone shot the CI in
the head: I told him that wasnt my problem, I care about me. (T18-19 to
22).
The Court cited: mailings sent to family members of the witness
discussing seeing him in Court and how it will be a bad time for this
person. (T45-4 to 7). Mr. Forchion admitted sending mailings to the
witness (where he lived with his wife and children). (T27-4 to 20). Mr.
Forchion served not only the witness but the prosecutor and judge with a
copy of the federal civil action (which named the CI as a defendant). (T27-
24 to 2818). Mr. Forchion explained: nothing that I mailed to him was any
threat. Not one single thing was a threat, actually it was an invitation to
come to Court. (T28-21 to 23). Mr. Forchion actually, constantly
encouraged him to come to Court. I was
4
 looking forward to a Court hearing. (T18-1 to 3). Mr. Forchion has not had
physical contact with the witness since his arrest in April of 2016; never
called or threatened him (the witness called him) (T14-19 to 23; T15-1 to
3; T17-9 to 12); never encouraged anybody to harm him (T17-16 to 17); in
fact, [j]ust the opposite. (T22-9 to 13). He never intended to prevent
the witness from testifying: just the opposite. I repeatedly said
that, that I wanted him to come and testify. I felt that his testimony was
positive to me. (T22-20 to 22). He has no intent to obstruct justice: No,
I look forward to it. (T24-16 to 20).
As counsel explained: the PSA actually recommends that Mr. Forchion
be released with conditions of weekly reporting. (T3011 to 13). Counsel
offered an additional gag order with respect to discussing any potential
witnesses publically (sic). (T33-10 to 13). The Court stated:

I dont think he used this phraseology but

essentially that some of this is a free speech
element. That he has a right to say certain things
that he chooses to say, particularly about jury
nullification issues. And those are complicated
issues which have to be, you know, perhaps evaluated
in greater depth at another time. (T45-15 to 22;
emphasis supplied).

The right to free speech and, arguably, a form of jury

nullification are not only complicated but legitimate issues

to detain. The Court concluded: 5

 Tampering with a witness just doesnt
involve trying to cause somebody to withhold testimony
or elude process or fail to appear to give testimony,
it also involves efforts to get somebody to testify
falsely. And this Court is satisfied that the only way
to prevent further intimidation of witnesses or
tampering with witnesses is to detain this defendant.
(T49-9 to 16; emphasis supplied).
There is no evidence Mr. Forchion ever sought for the witness to
testify falsely. The Court stated: I am more concerned about the nature
and risk of his obstruction and his attempts to obstruct the criminal
justice process. And the belief that he will simply continue to do as he
pleases. (T5113 to 16). Mr. Forchion never attempted to obstruct the
legal process. A constitutionally protected three-time author and blogger,
he has publicly exercised his Free Speech rights and speaking about his
cases (and jury nullification) for decades.
There was no order preventing him from revealing the witness/CI, and
any prosecution related to that is a violation of the Ex Post Facto Clause.
He never threatened any individual nor ordered nor encouraged any other
person to threaten any individual. Mr. Forchion is that rare defendant who
actually wants to be tried in a court of law and to prepare his pro se
defense. He relishes a trial and was only seeking information about the CI
to prepare his entrapment defense. Any suggestion
6 that Mr. Forchion, a pacifist, encourages violence is incorrect.
 Mr. Forchion has a Sixth Amendment right to represent himself and to
present all defenses, including entrapment. The identity of an informant is
not absolute. As stated in Roviaro
v. United States, 353 U.S. 53, 60-61 (1957):
Where the disclosure of an informers
identity, or of the contents of his communication,
is relevant and helpful to the defense of an
accused, or is essential to a fair determination of
a cause, the privilege must give way.

Mr. Forchion has previously won a very similar First

Amendment case against the State in Forchion v. Intensive

Supervised Parole, et al., 240 F.Supp.2d 302 (D.N.J. 2003). The

Court held that Mr. Forchions conduct, while participating in

the pretrial release program (ISP), in speaking to the press, protesting
and handing out pamphlets outside of the courthouse, running a website, and
producing and appearing in television commercials, all in favor of the
legalization of marijuana, was conduct protected by the First Amendment,
for the purposes of determining whether his participation in the release
program was unconstitutionally terminated in retaliation for his activities
while on release. The State infringes not only Mr. Forchions First
Amendment Free Speech rights, but Sixth Amendment right to effective
counsel, to present a defense (entrapment), and Due
7
Process rights. Mr. Forchion was, through the Internet, only seeking
information about the defendant CI in his civil case.
Mr. Forchion is part-owner and director of NJ Weedmans Joint and
Liberty Bell Temple III. He supports one child, age 9 years old, with
payments of $250 per month, and financially assists two children in
college. He collects social security disability (terminated if jailed).
More importantly, he needs medical treatment for his bone cancer and C-cell
tumor in his right knee (with a possible tumor in his left hip). This life-
saving medical treatment will be cut off if he is jailed.
Mr. Forchions FTA is from Municipal Court (careless driving);
answered in 5 days. Criminal history is non-violent, marijuana-related with
DP convictions for resisting, theyre old. (T31-4 to 6). The Court
stated: Im familiar with the fact that he does not have a violent
conviction. (T40-7 to 9).
CONCLUSION
This laws denial of bail violates the United States and New Jersey
Constitutions. U.S. Const. Amend. VIII; N.J. Const. (1947), Art. I, Para.
12; Stack v. Boyle, 32 U.S. 1 (1951). Mr. Forchion is no danger to the
public nor any witness and he will always appear. He agrees to Judge
Massis gag order.

Respectfully submitted,

s/ John s/ Edward
Vincent Heyburn
Saykanic
NJ BAR ID NO: NJ BAR ID NO:
;:

SUPERIOR COURT OF NEW JERSEY 240 WEST STATE STREET

MERCER~OUNTYPROSECUTOR
MERCERCOUN'IY TRENTON, NEW JERSEY LAW DIVISION-CRIMINAL Telephone (609) 989-6305

INFO. FILE NO. 16..0016 pf"'S. f:-<1~ /Jo 17-O/S"3

INDICTMENT NO.

TilE STATE OF NEW JERSEY STATED SESSION

V. TERM EDWARD FORCHION aka NJ Weedman,

DEFENDANT COUNT!
WITNEssTAMPERING
(SECOND DEGREE)

The Grand Jurors ofthe State ofNew Jersey, for the County ofMercer, upon their oaths, presentthat

EDWARD FORCIITON between the dates of April 27, 2016 and February 10, 2017, in the City of Trenton,

in the County aforesaid, and within the jurisdiction of this Court, did, beli~ving that an official proceeding or

investigation was pending or had been instituted, knowingly engage in conduct that could cause a witness or

informant to testify falsely ~dlor witbhold testimony and/or elude legal process summoning him to

testifY or supply evidence and/or absent himself from any proceeding or investigation to which he has
been lega]ly summoned, by employing threat offorce, contrary to the provisions ofN.J.S. 2C:28-5a; 2C:2-6,

and against the peace ofthis State, the Government and dignity of the same.
 FILED
FEB 28 2017
SUPcHiOk .,;ouRT OF NJ MERCER VICINAGE CRIMfNAl DIVISION
.... .:.:.. -..

COUNT ll WITNESS TAMPERING (THIRD DEGREE)

The Grand Jurors ofthe State ofNew Jersey, for the County ofMercer, upon their oaths, present

that EDWARD FORCHION between the dates of April 27, 2016 and February 10, 2017, in the City

ofTrenton, in the County aforesaid, and within the jurisdiction ofthis Court, did, believing that an

official ])!.'Oceeding or investigation was pending or had been instituted, knowingly engage in conduct

that could cause a witness or informant to testify falsely and/or withhold testimony and/or elude legal

process summoning him to testify or supply evidence and/or absent himself from any proceeding or

investigation to which he bas been legally

summoned, contrary to the provisions ofN.J.S. 2C:28-5a, and against the peace ofthis Stat~the

Government and dignity ofthe same.

ENDORSED AS A TRUE BILL;

/~~orepersoil

/
DATE: . ~/OJ--r/r 2
I

FILED
FEB 28 2017
SUPtKIUK ~vurt1OF NJ MERCER VICINAGE CRIMINAL DIVISION
 defendantonorabout03/03/2017 in TRENTON CITY , MERCER County,NJdid: BELIEVING THAT AN OFFICIAL
PROCEEDING OR INVESTIGATION WAS PENDING OR HAD BEEN INSTITUTED, KNOWINGLY ENGAGE IN
CONDUCT THAT COULD CAUSE A WITNESS OR INFORMANT TO TESTIFY FALSELY AND/OR WITHHOLD
TESTIMONY AND/OR ELUDE LEGAL PROCESS SUMMONING HIM TO TESTIFY OR SUPPLY EVIDENCE
AND/OR ABSENT HIMSELF FROM ANY PROCEEDING OR INVESTIGATION TO WHICH HE HAS BEEN
LEGALLY SUMMONED, BY EMPLOYING THREAT OF FORCE, CONTRARY TO THE PROVISIONS OF N.J.S .
2C:28-5A; 2C :2-6 , ON FEBRUARY 27, 2017 DEFENDANT WAS INDICTED ON THIS CHARGE 2ND DEGREE

BELIEVING THAT AN OFFICIAL PROCEEDING OR INVESTIGATION WAS PENDING OR HAD BEEN

INSTITUTED, KNOWINGLY ENGAGE IN CONDUCT THAT COULD CAUSE A WITNESS OR INFORMANT TO
TESTIFY FALSELY AND/OR WITHHOLD TESTIMONY AND/OR ELUDE LEGAL PROCESS
SUMMONING HIM TO TESTIFY OR SUPPLY EVIDENCE AND/OR ABSENT HIMSELF FROM ANY
PROCEEDING OR INVESTIGATION TO WHICH HE HAS BEEN LEGALLY SUMMONED, CONTRARY TO
THE PROVISIONS OF N.J.S. 2C:28 -5A; ON FEBRUARY 27, 2017 DEFENDANT WAS INDICTED
in violation of: Original Charge 1) 2C: 28-SA 2) 2C: 28 -SA
CERTIFICATION: I certify that the foregoing statements made by me are true. I am aware that ifany of the foregoing statements mado by mo are willfully false, I am subject

PROBABLE CAUSE DETERMINATION AND ISSUANCE OF WARRANT 0 Probable cause IS NOT found for the issuance of this
complaint.

YOLANDA M Date: 03/03/2017

WAR
lfi Probable cause ISDfound for the issuance of this complaint. TASHESIA HICKMOND JUDICIAL OFFICER03/03/2017
date to be Superior in the Signature and TiUe of Judicial Officer Issuing Warrant Date TO ANY PEACE
held at the Court county of
MERCER
OFFICER OR OTHER AUTHORIZED PERSON: PURSUANT TO THIS WARRANT YOU ARE HEREBY COMMANDED TO ARREST THE NAMED
MERCER COUNTY
DEFENDANT AND BRING THAT PERSON FORTHWITH BEFORE THE COURT TO ANSWER THE COMPLAINT.
SUPERIOR
CT
0

000
 ON THIS CHARGE 3RD DEGREE

Original Charge Charge Amended Charge

Waiver lndt!Jury

Plea/Date of Plea Plea: Date: Plea: Date: Plea: Date:

Finding Finding Finding

Adjudication ("see code)

Code: Date: Code: Date: Code: Date:

Jail Term
Probation Term
Cond. Discharge Term

Community Service

D/L Suspension Term

Fines/Costs Fines: Costs: Fines: Costs: Fines: Costs:

VCCB/SNSF VCCB: SNSF: VCCB: NSF: VCCB: SNSF:
DEDR/Lab Fee DEDR: LAB: DEDR: LAB: DEOR: LAB:

CD Fee/Drug Ed Fnd CD: DAEF: CD: DAEF: CD: DAEF:

DV Surch/Other Fees DV: Other: DV: Other: DV: Other:

Restitution
BenefiCiary:

Miscellaneous Information, Adjournments, Companion Complaints, Co-Defendants, Case Notes:

1 -Guilty 2-Not GuUty 3-

Dismissed -0 1her 4-Guilty but
Merged 5 -Dismissed-Rule 6
-Dismissed Lack or
Prosecution 7 -Dismissed
-Pros MotionNic Req 8
-Conditional Discharge
Related Traffic Tickets and Complaints:
D -Dismissed-Prosecutor
Discretion M-Dismissed
Mediation P Dismissed-Plea
Agreement S -Disposed at
Superior W -Dismissed-False
ID
DATE
Amended Charge

Waiver lndt!Jury Plea/Date of Plea Plea: Date: Plea: Date: Plea: Date:
Finding Finding Finding

Adjudication ( see code)

Code:

Code: Date: Code: Date:

Jail Term
Probation Term

Community Service 0/L Suspension Term Fines/Costs Fines: Costs: Fines: Costs: Fines: Costs:
VCCB/SNSF VCCB: SNSF: VCCB: SNSF: VCCB: SNSF: DEDR!Lab Fee DEDR: LAB: DEDR: LAB: DEDR: LAB: CD Fee/Drug Ed Fnd CD: DAEF: CD: DAEF:
CO: DAEF: DV Surch/Other Fees DV: Other: DV: Other. DV: Other:

1 -Guilty 2-Not Guilty 3

-Dismissed -Other 4 -Guilty but
Merged 5-Dismissed-Rule s
-Dismissed Lacl< of
Prosecution 7-Dismissed -Pros
MotionNic Req 8 -Conditional
Discharge
Related Traffic Tickets and Complaints:
D -Dismissed-Prosecutor
Discretion M -Dismissed-
Mediation P -Dismissed-Plea
Agreement S-Disposed at
Superior W-Dismissed-False ID

DAT E
 .., .. -- _...,., ,_..,... , t...~VIVVIC..V 1 t v.vv.v&. 1 IYI 1 !:1 v VI IV 11011~ ILJ. IVIVV.U I I U JVV

THE STATE OF NEW JERSEY

vs.
EDWARD R FORCHION EAST STATE STREET NJ 08608-0000

By certification or on oath, the complainant says that to the best of his/her knowledge, and belief the named
defendant on or about 03/03/2017 in TRENTON CITY , MERCER County, NJ did: BELIEVING THAT AN OFFICIAL
PROCEEDING OR INVESTIGATION WAS PENDING OR HAD BEEN INSTITUTED, KNOWINGLY ENGAGE IN
CONDUCT THAT COULD CAUSE A WITNESS OR INFORMANT TO TESTIFY FALSELY AND/OR WITHHOLD
TESTIMONY AND/OR ELUDE LEGAL PROCESS SUMMONING HIM TO TESTIFY OR SUPPLY EVIDENCE
AND/OR ABSENT HIMSELF FROM ANY PROCEEDING OR INVE~TIGATION TO WHICH HE HAS BEEN LEGALLY
SUMMONED, BY EMPLOYING THREAT OF FORCE, CONTRARY TO THE PROVISIONS OF N.J.S . 2C:28-SA; 2C :
2 -6, ON FEBRUARY 27, 2017 DEFENDANT WAS INDICTED ON THIS CHARGE 2ND DEGREE

BELIEVING THAT AN OFFICIAL PROCEEDING OR INVESTIGATION WAS PENDING OR F~D BEEN

INSTITUTED, KNOWINGLY ENGAGE IN CONDUCT THAT COULD CAUSE A WITNESS OR INFORMANT TO
TESTIFY FALSELY AND/OR WITHHOLD TESTIMONY AND/OR ELUDE LEGAL PROCESS
SUMMONING HIM TO TESTIFY OR SUPPLY EVIDENCE AND/OR ABSENT HIMSELF FROM ANY
PROCEEDING OR INVESTIGATION TO WHICH HE HAS BEEN LEGALLY SUMMONED, CONTRARY TO
THE PROVISIONS OF N.J.S. 2C:28-5A; ON FEBRUARY 27, 2017 DEFENDANT WAS I NDICTED
in violation of: Original Charge 1)
Signed: YOLANDA MWARD 2) 2C: 28-SADate: 3) 03/03/2017
will be central First da to be Sup county of
notified . Appearance/CJP te held at erior In the MERCER NJ
ofyour at the MER COUNTY the Cour TREN
following CER SUPERIOR CT t 08608-0000 609-
TON
571-4000
address:CERTIFICATION: I c:ortify that tho foregoing statements made by me are true. I am aware that If any ofthe foregoing statements made by me are willf ully false, 1am subject to
punishment

0 Probable cause IS NOT found for the issuance of this complaint.

~ Probable cause IS found.forthe issuance of this complaint. TASHESIA HICKMOND JUDICIAL OFFICER 03/03/2017
Signature and TiUe of Judicial Officer Issuing Warrant Date TO ANY PEACE
OFFICER OR OTHER AUTHORIZED PERSON: PURSUANT TO THIS WARRANT YOU ARE HEREBY COMMANDED TO ARREST THE NAMED DEFENDANT AND
BRING THAT PERSON FORTHWITH BEFORE THE COURT TO ANSWER THE COMPLAINT.

000
 vv-,v lr -vv I lv""t-I I I 1 U..:J/VvU. V 1/ O.VV.V"-r"IVI r-y 0 Ul IV lli:UI:S IU: IVIv>:>LU I fO'd 100

EDWARD R FORCHION
ON THIS CHARGE 3RD DEGREE

Original Charge Amended Charge

 vv-.c..v IJ-VV I h.l"i"-1 I I I VvfV.,Jf;C..V If V.VV.VL r iVI rl:l I VI IV I ldll~ IL.I. IVI\J,;)LV I I OCO IOv

DRIVER'S LIC. #. F65651927907642 DL STATE: NJ SOCIALSECURITY#:

137-66-0721 SBI#: 197320B TELEPHONE#:
NJ 08607
LIVESCAN PCN #: 119901001480

To any Law Enforcement Official of New Jersey, You are commanded to transport
this defendant to the Warden of this county who is required to keep the defendant
in custody until a release or detention decision is made.

Offense Aux Offense Drug Code Degree Offense Description

1.
2 C : 2 8-SA (1} 2 WITNESS TAMPER!

1. 2C: 28-SA (1) 3 WITNES.S TAMPERI

2.

3.

Commitment Reason: Criminal Justice Reform

will be notified of your Central First Appearance/CJP date to be held at the Superior Court in the county of MERCER at the following address: MERCER
COUNTY SUPERIOR CT
400 SOUTH WARREN STREET TRENTON NJ 08608-0000

Phone: 609-571-4000
Date of Arrest: 0 3 I 0 3/20 17

TASHESIA HICKMOND JUDICIAL OFFICER 03/03/2017

Signature and Title of Judicial Officer Issuing Warrant Date

 - ---- -----. .... I ::I-V I IV t I Gill I~ ILl. IVI\JQLU J JO~ 100

THE STATE OF NEW JERSEY

vs.
EDWARD R FORCHION
ADDRESS:

322 EAST STATE STREET

NJ 08608-0000

DOB: 07/23/1964 DL STATE: NJ SBI#: 1973208

NJ 08607

the facts of the alleged offense so that a judge or authorized judicial officer may determine probable cause.

1. Description of relevant facts and circumstances wh ich support probable cau s e that (1) the offense(s) was
committed and (2) the defendant i s t he one who committed it: --
On February 28, 2017, the Grand Jury returned an indictment charging Edward Forchion aka NJ Weedman, with second degree tampering with a
witness /informant and third degree tampering with a witness or informant. The defendant published ~ myriad of personal information about a
person he believes to be a witness/informant in a criminal case which is pending in the Mercer County Superior Court against hLm. The
information included the full name of this person, addresses where he has lived or where the defendant currently believes him to live,
information regarding his family members including his children and his father, cars that he and his wife drive, phone numbers where to reach
this alleged witness and his family members. Moreover, the information was posted despite a pending State motion requesting a protective
order regarding the name, address and likeness of the actual witness. In these publications, the defendant referred to this individual as a "rat" or a
"snitch." Numerous people commented on the social media sites with depictions of hanging mice, "snitches get stitches, and of one individual
hitting the other over the head with a bat. The defendant commented to the press when referring to this person that "I don't care what happens to
him." "If you ask me straight up would you do seven years or let this guy get shot in the head, I'd let him get shot in the head. My cpncern is
beating this case, by any means necessary."
Likewise on September 8, 2016, he posted the following on Facebook: "I'm not concerned with outing him . . . In fact, I
plan on doing it in a very public way . . Mercer County Prosecutor's Office, Mrs. Kay has fil.ed a "restraining order motion" i.n
hopes of keeping me from doing so . LOL It hasn't been signed by any judge yet and even if it was I'd ignore it." Forchion
posted a video on September 8, 2016 in which he announced he would be releasing the name of the individual he believed to .be
the confidential informant. Forchion further indicated he was releasing the name and the image of the cooperating witness before
the Judge could issue his order regarding the protective order . {Continued below)
 -~. , vv, v-,,, , v-.~tv-.Jt&.v, 1 u . vv.v&.. r 1v1 r~ -o Ul IU II <::Ill~ 1u : IVIv;::)LV'I/O~:noo
2. I am aware of the facts above because: (Included, but not limited to: your observations,statements of
eyewitnesses, defendant's admission, etc.)

(Continued from above) The defendant repeated this theme regularly on his website and his social media postings. The repeated
theme was he was publishing all of this information to make "the State's Motion moot" regardless of the Court's ruling on i t .
Forchion regularly addresses his desire to utilize jury nullification practices in his trial , addressed potential jurors and indicated
that he will continu e to affect the jury pool as much as possible . He also published both t he J u dge's phone number and
that of the prosecutor asking people to reach out to both to affect his case . Forchion also sent mailings to family members
of the person he b e liev ed t o be
the witness/informant including his father and relatives out of State calling him a "rat" and/or "snitch" and discussing
"seeing him i n cour t " and how i t wi ll be a bad time for this person . Subsequent to the Court ruling in favor of the State
on the protective order on February 27 , 2017 , the defendant continues to scoff at the

3. If victim was injured, pr ovide the extent of the injury:

Certi fication: I certify that the fo regoing statements made by me are true. I am aware that i f any of the foregoing sta
tements ma de by me are willfully false, I am subject to
punishment .

signed : YOLANDA M WARD LAW ENFORCEMENT OFFICER Dat e : 03/ 03/2017

 . . ---.----- ~-~~-~-. , ~ ' " v rv a11;:, ILJ. tVIuOL:U 1 10::1100

Purpose: The Preliminary Law Enforcement Incident Report (PLEIR) is designed to be appended to, and is expressly incorporated by reference in,
the Affidavit of Probable Cause. It Is intended to document basic (nformation known to the officer at the time of Its preparation. It is recognized that additional
relevant Information will emerge as an Investigation continues. The PLEIR shall be In addition to, not in lieu of, any regular police arrest, incident, or
investigation reports. Note that the PLEIR is specific to each defendant charged in an investigation.

--I--;;:-;:::-:-:=-..,.-;-:-~=-Y-'0-LAND-- 1 DRIVER'S UC. #. F65 N

A--M-'-W-AR_D_________ DLSTATE:
6 51927 907 642 J
NAME 225 SOCIALSECURITY#: SBI
: CLINTON AVE 197320B
NO 137-66-0721 #:
ATTN: WARRANTS TELEPHONE#:

Cortification: I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statemonts made by me are willfully false, 1
am subject to punishment.
Signod: ______________________________________________________________
 Superior Court ofNew Jersey Law Division: Criminal Part
v. Mercer County

Pretrial Detention Motion Order

_EDW____. _O.;.;..C....::.H::.;_-"--____, Defendant

___ARDR.;.;..F....::.R....::.TON SBI Number: ..:.1""'-9_,_,73=2=0=B"-------Complaint/Jnd. #: W-2017-001 I 34-1 I I I

Date ofBirth: 07/23/1964 Complaint/Incl. #: _________ Complaint/Lnd. #: _________

Findings

The State having filed a motion for pretrial detention, and after conducting a hearing,
1. Probable Cause
0 The Court finds that the State has established probable cause that the eligible defendant committed the charged
offense(s) based on
0 The testimony of , AND/OR
0 The probable cause affidavit or preliminary Jaw enforcement incident report marked as ExhibitS-,
AND/OR
0 Other evidence------------------------' OR

~efendant has been indicted for the described offense(s) AND .TPlJIC!.MG~-r-)Jr.:) /7 o Z-OJotJ
2. 0 The court finds by clear and convincing evidence that no amount of monetary bai I, nonmonetary conditions or
combination of monetary bail and conditions would reasonably assure:

0 defendant's appearance in court when required, AND/OR

~~tionofthe safety of any other person or the community AND/OR

B'that the defendant will not obstruct or attempt to obstruct the criminal justice process
AND THEREFORE PRETRIAL DETENTION OF THE DEFENDANT IS HEREBY ORDERED.

3. 0 THE MOTION FOR PRETRIAL DETENTION IS DENIED. Based upon the reasons set f01th on the record, the cotut
does not find by clear and convincing evidence that no amount of monetary bail, non-monetary conditions or combination
of monetary bail and conditions will reasonably assure: (a) defendant's appearance in court when required, (b) the
protection ofthe safety of any other person or the community and (c) that the defendant will not obstruct or attempt to
obstruct the criminal justice process. THE DEFENDANT IS HEREBY ORDERED RELEASED AS SET FORTH IN
THE PRETRIAL RELEASE ORDER.

Reasons for Pretrial Detention, if Ordered

ET""The nature and circumstances of the offense charged. "/) 0"' Offense(s) charges /c.!; :r.tC/{::5 ~ J/i-
Mt#(:71UN(S -Jccc?....:.~ E/.&~o k o.... ~ 16'1'58rticular circumstances
S'~C... -;::r;t;L :?

Effective 01/01/2017, Promulgated by A.l Memo (12/27/2016), CN 12081 (Pretrial Detention Motion Order) page I of3
 State ofNew Jersey v.EDWARD R. FORCHION S.B.I. Number: 197320B

~eweight of the evidence against the defendant, considering the admissibility of any evidence sought to be
excluded
Statements 0
~sonal observation of----------
0 ofwitness(es) law enforcement officer(s) -------------
Recorded

Statements of defendant 0
0 --------and characteristics
ErThe history ----- of the defendant, including the defendant's:
Recorded
0 character,
0 Video physical and mental condition, family ties, employment,
financial
0 Aud resomces,
io length of residence in the community, community ties,
past conduct,
Physical history relating to drug or alcohol abuse.

G'Ciiminal history as reflected in the PSA 0 record concerning appearance

at court proceedings as reflected in the PSA

s-At the time of the offense or arrest, the defendant was on the following:
0 probation for offense(s) -------------0 parole for offense(s) -------------
0 other release pending trial, sent~ng, appeal or completion of sentence for offense(s) 1).: r<:...J~.,,') .....-r
(..,V{'r1 C),-._} . ,_.-:1-2... -Ttt-t tK_ }2 ~ C L -1-::l' r.: 0 , ..J z--vI? J '-T .x..r<.. -..-.

r /(,
pU~.-1$.(.-.-.s. /C. /o -077F -Oi--Ot;t..' (
GJ-ihe nature and seriousness ofthe danger to any other person or the community that would be posed by the
defendant's release, if applicable.

~natureand seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would
be posed by the defendant's release, if applicable. ~tialfor witness intimidation --------------0 Potential
destruction of evidence--------------0 Other: ---------------------------W'The release recommendation ofthe pretrial
services program obtained using a risk assessment instrument. 0 Release not recommended

ra-other: ftF-t.u>d!:<: tit: /1-J a AJ ,A}C /f Jc,?c cr /7tr:J Cou-1--1" ;::ire

c~ ~Jtf{JC-<-c-.. J}.t<::F }.:).//7 if .fl7
Effective 01/01/2017, Promulgated by AJ Memo (12/27/2016), CN 12081 (Pretrial Detention Motion Order) page 2 of3
 State of New Jersey v. EDWARD R. FORCHION S.B.l. Number: 197320B

State represented by: f. /LifT 2 Defendant represented by: {. uG Y/:?v/(_ r)

Attachments: 0 Complaint-Wanant (CDR2) (also available in case jacket)

If Pre~entionIs Ordered, ~The Court has directed that defendant be afforded reasonable opportunity for private
consultation with counsel. ~endant has been advised of his/her right to appeal this Order within 7 days pursuant
to
R. 2:9-13.

l~lhc_h 7, 2<.J r?

....~.~'--------
Date: rt/f'' ------- -_ -_ _____ , J.S.C.

Effective 01/01/2017, Promulgated by AJ Memo (12/27/2016), CN I208 I (Pretrial Detention Motion Order) page 3 of3
 New Jersey Judiciary
...;:aw-orv Assessment

RECOMMENDATION TO COURT RELEASE WITH CONDITIONS -WEEKLY REPORTING + HD/EM

New VIolent Criminal Activity Flag: No

2.
Violent Offense and 20 Years Old or Younger: No

3. Charge at the Time of Offense: Yes

1
2
3

1 Failure to Appear Pretrial in Past 2 Years: 1

2 Failure to Appear Pretrial Older Than 2 Years: .Yes

3 Sentence to Incarceration (14 Days or More): Yes

2C:28-5A(1) WITNESS TAMPERING-TO

03/0312017 3 NO NO ACS

CAUSE FALSE TESnMONY 2C:3510A(3) POSS CDS-> 50G

03/03/2017 4 NO NO ACS

MARIJUANA, 5G HASHISH 2C:35-5B(1 1) CDS-MANU/DIST/PWID

03/03/2017 3 NO NO ACS

MARIJ=/>1 OZ<5LB, HASH=/>5G<1 LB 2C:35-10A(3) POSS CDS-> SOG

0310312017 4 NO NO ACS

MARIJUANA, SG HASHISH

2C:35-58(11) CDS MANUIDIST/PWID

03/03/2017 3 NO NO ACS

MARIJ=/>10Z<5LB, HASH"/>5G<1 LB

Date: 0310412017 09:39AM Page 1 of 1

 New Jersey Judiciary

[I]
___Criminal and Court History
------------
Complaint Number: W 2017 0011341111 PSA Run Date: 03/04/2017 09:39AM

Published: 0 1/2017, CN: 11972 {PSA) PSA Run Date: 03/0412017 09:39 AM
Page 1 of 4
SF 03/22/06/11/ 2C:33-1 2B MAINTAIN 0 NJ AC
201613401 2017 2016 NUISANCEMAINT S
7 111 1 PLACE PPL GATH
FOR UNLAW
CONDUC
2C:33-12A MNNTAIN
A NUISANCE
SF 2016
03/22/09/17/ CREATEIMAJNTAIN AC
127206111 D NJ
2017 2016 COND ENDANG S
1
SAFETY

2C:36-2 USEIPOSS P/G

MER-16-
01/06/04127 W/INTENT TO USE ,
<l01706- D NJ
2017 /2016 DRUG CC
001
PARAPHERNALIA H
2C:3510A(3) POSS PIG
MER-16-
01/06/ CDS> SOG ,
{)01706- 4 NJ
2017 MARIJUANA. 5G CC
001
HASHISH H
2C:35-10A(3) POSS PIG
MER-16- 01/06/ COS-> 50G .
4 NJ
001706-001 2017 MARIJUANA, 5G CC
HASHISH H
2C:35-10A(3) POSS P/G
MER-16-
01/06/04/27/ COS-> 50G ,
001706- 4 NJ
2017 2016 MARIJUANA, 5G CC
{)01
HASHISH H
P/G
20:35-4.1C FORTIFY
MER-16- 01/06/04/27/ ,
CDS MANU/DIST 3 NJ
001706-001 2017 2016 CC
FACILITY
H
2C:35-5A(1) 2C:35-5B(11) CDS PIG
MER-16- 01/06/04/27 MANUF/DISTR CDS MANU/DIST/PWID .
3 NJ
001706-001 2017I 12016 HEROIN/METH/LSD MARIJ:/>10Z<5LB, CC
<1/20ZJETC HASH:/>5G<1 LB H
2C:35-7A
2C:355A(1) P/G
MER-16- CDS/ANALOG-
01/06/04/27/ MANUF/DISTR CDS ,
<l01706- DISTRIBUTE 3 NJ
2017 2016 OR INTENT TO CC
<l01 ON/NEAR SCHOOL
MANUF/DISTR CDS H
PROPERTY/BUS
2C:36-3 PIG
MER16-
01/06/04/27/ OIST/POSS/PWID ,
<l01706- 4 NJ
2017 2016 DRUG CC
<l01
PARAPHERNALIA H
24:2121A(6)
PI
MER-16- PROHIBITED ACTS
01/06/04/27 G,
001706- INVOLVING 3 NJ
2017 12016 CC
{)01 CDS..STORAGE IN
H
SHOP, CAR, ETC
2C:35-10A(3) POSS P/G
MER-16-
01/06104/27/ COS> 50G ,
001706- 4 NJ
2017 2016 MARIJUANA, 5G CC
<l01
HASHISH H
2C:355A(1) 2C:355B(11) CDS- P/G
MER-1 6- 01/06/04/27/ MANUF/DISTR CDS- MANU/DIST/PWIO ,
 ....

.......~------PsARun Date: 03t04i2o1709:39 AM

P-ublished: 01/2017, CN: 11972 (PSA) Page 3of4

Published: 0112017, CN: 11972 (PSA) PSA Run Date: 03/04/201 7

09:39AM Page2 of4

02/29104127 2C:35-10A(4) POSS CDS-< 50G NJ ACS,

s 1998 2000 11998 MARIJUANA, 5G HASHISH CCH
000082 D
0418
s 1998 02123/04/281 2C:35-10A(4) POSS CDS-< SOG ACS,
000931 D NJ
2000 1998 MARIJUANA, SG HASHISH CCH
0412

2C:29-9B CONTEMPT-VIOLATE
FO-o3- 07/211111/161 DOMESTIC VIO~ENCE FAC
D NJ
o00317-99 999 1998 RESTRAINING TS

2C:35-10A(3) POSS
BUR-1 O- 10118/204101 CDS -> SOG PIG,
4 NJ
Q01082-001 012 12010 MARIJUANA. 5G CCH
HASHISH
MAN
CAM-00- 12/01/209121 2C:20-3 THEFT BY
NJ UAL,
005889-Q01 000 12000 UNLAW TAKING
PIG
2C:35-5A(1)
CAM-Q0- 091201 2C:20-T RECEIVING PIG,
CAM-00- 12/01/200 OO CONSPIRACY MANUF/DISTR CDS
2C:5-2 P/G,
001271-Q01 2000 004Y 0000STOLEN PROPERTY-VAL
OR INTENT TO 32 NJNJ CCH
005886-001 0 M CCH
$500-74999/MV/GUN ETC CDS
MANUF/DISTR
2C:35-5B(10)
2C:20-7 RECEIVING CDS-
CAM-97- 12/01/200 OO
STOLEN MANU/OIST/PWIO P/G,
010Y 0000 2 NJ
007983-001
CAM-OO- 0 M MARIJ-=/> 5LB, HASH CCH
09/20/2 PROPERTY-VAL $500-
=/>1LB PIG,
Q05866- 3 NJ
CAM-00- 000
12/01/200 74999/MV/GUN
004Y OO OO 2C:20-3 THEFT BY CCH
.I NJ MANU
Q01
005889-001 0 ETCM OD UNLAW TAKING AL,
P/G
Supplemental Information (Not
2C:35-5B(10) CDS-

Included in PSA Calculation)

Acts Committed: ASSAULT ACTIVE AMENDED FO 02/0411 994 NONE 02/14/1994 NONE

Relief Results: F-PROH

CONTACT VIC F-PROH CONTACT
OTH F-PROH FUTURE DV F-RESTR
DEF FROM LOC F..f>ROH HARAS
COM VIC F-PROH STALKING VIC
F-PROH HARAS COM OTH FPROH
STALKING OTH
FV-BUR-001656-97 Acts
Committed: HARASSMENT
Relief Results: E-PROH
RET TO SCENE F-PROH
CONTACT VIC F-COND
VISIT DEF F-PROH
CONTACT OTH FPROH
FUTURE DV F RESTR DEF
FROM LOC F..f>ROH
HARAS COM VIC F-PROH
WEAPON POSS F-PROH
STALKING VIC . . F-
PROH HARAS COM OTH F-
PROH STAU<ING OTH
FV-CAM-001 95694 Acts
Committed: HARASSMENT
TERRORISTIC THREATS
ASSAULT Relief
Results: FCOND VISIT
DEF F-MON CHILD EMER
SUP F-POSS PLNT /ALT
HOUS E-POSS PLNT/ALT
HOUS F-CHILD CUST E-
GHILO CUST F PROH
HARAS COMMUN EPROH
HARAS COMMUN E-PROH
RET TO SCENE E-PROH
FUTURE OV F-PROH
FUTURE DV E-PROH CONT
FAMILY FPROH CONT
FAMILY E-PROH CONT Published: 01/2017, CN: 1197Z (PSA) PSA Run Date: 03/04/2017 09:39 AM Page 4 of 4
VICTIM F-PROH CONT
VICTIM
ACTIVEFO 05/06/1997
05/06/1997 05/13/1997
05/13/1997
 FILED MAR 06 2011
SUPERIOR COURT OF NJ
ANGELO J. ONOFRI MERCER
COUNTY PROSECUTOR 240 WEST MERCER VICINAGE
STATE S1EET TRENTON, NJ 08650 609- CRIMtNAL OMSION
989-6351

Superior Court ofNew Jersey Law Division-Criminal Part

v. FILE NO. 17-0753 IND. NO. 17..02-0105

EDWARD FORCHION ORDER TO UNSEAL INDICTMENT

Upon application of the State of New Jersey. represented by Deputy First Assistant Prosecutor

Stephanie A. Katz. to the Court for an Order Unsealing Indictment; On February 27, 2017, an

indictment was issued charging the defendant with second and third degree witness tampering

pursuant to N.J.S.A. 2C:28-5a; And the defendant having been arrested on March 3~ 2017 on the

warrant of indictment relating to indictment 17..02-0105; And the Court having been satisfied that

the State's application requires granting

this application, there being no further purpose for the indictment to remain sealed; And for good cause shown. The

Court ORDERS the following: The indictment shall be unsealed by the Clerk ofthe Court.
/".~ /.).... ( -l /~ ~'r-:..4:.

Hon. Robert Binghaiii U, J.S.C. Judge ofthe Superior

Court
 .... ~-4' vv I lV"""T -I I I I V'-'IV'"'ti..::..V II I V ..::..V.!JI f""'\tVI -~ I VI l lldll~ ll...l . Vr\IVILU I f ( lV I L

ANGELO J ONOFRI MERCER COUNTY PROSECUTOR 3RD FLOOR COUNTY COURTHOUSE PO BOX 8068

TRENTON, NJ 086500068
STATE OF
NEW JERSEY
SUPERIOR COURT OF NEW
JERSEY
LAW
To: MERCER COUNTY COURT DIVISION: CRIM1NAL
PART
400 SOUTH WARREN STREET
Plaintiff, MERCER COUNTY
TRENTON, NJ 086080000 CDR Number: W-
2017-001134-1 111
v.
PLEASE TAKE NOTICE that CRIMlNAL
on a dateACTION
to be determined by the Court, the State shall
EDWARD R
move for Pretrial Detention on the above matter pursuant to N.J.S.A. 2A:162-19.
FORCH10N

DATE: 03/04/2017 Is/ STEPHANIE ANN KATZ ASSISTANT PROSECUTOR

 --- ---- .. ~~~T-v" ov.<..v.vr '""'ovo ,-8 t VI I lli:III~IU.vri.IVILUI// .1..)/L

ANGELO J ONOFRI MERCER COUNTY PROSECUTOR 3RD FLOOR COUNTY COURTHOUSE PO BOX 8068

TRENTON, NJ 086500068
STATE OF
NEW JERSEY
SUPERIOR COURT OF NEW
JERSEY
I, STEPHANIE ANN KATZ,LAW DIVISION:
being of full CRIMINAL
age, upon my oath depose and state:
PART
1. The defendant is charged Plaintiff, MERCER
with a COUNTY
crime and there is a serious risk that:
*the defendant will not appear in court asCDR Number: W-
required;
2017-001134-1111
1 the defendant will pose a danger to any other person or the community; and/or
v.
2 the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure,
CRIMINAL
or intimidate, a prospective witness or juror.
ACTION
EDWARD R
2. There is probable cause to believe that the defendant has committed a new crime while on pretrial release.

The defendant is charged with second degree witness tampering and has repeatedly indicated that he will not abide by Court
Orders.

I hereby certify that to the best of my knowledge, the foregoing above statements made by me are true.
am aware that ifany statements are willfully false, I am subject to punishment.

Is/ STEPHANIE ANN KATZ