The Return of the Star Chamber-
the troubling similarities between Ed Forchion and William Penn.

by incarcerated US political prisoner
Edward Forchion, a.k.a. NJWeedman.com

(photo from NJWeedman.com)

posted at DrugWar.com Nov. 20, 2002

(for background on Forchion's case, please see No Freedom of Speech for Ed "NJWeedman" Forchion)

Although most Americans don’t know it, many of the rights we as Americans have were derived as a result of the English trial in 1670 of William Penn. England at that time had a “government religion,” the Church of England. Penn was a Quaker, a member of an illegal religion. Penn was ordered by the government to not talk about his beliefs and they shut down his church. When he defiantly spoke of his beliefs anyway he was arrested. Penn used a tactic called Jury Nullification to be acquitted of the charges. The jury was tried for acquitting Penn by a court called the Star Chamber, which couldn’t be appealed.

Eventually, not only was Penn’s acquittal upheld but the jury was freed and England’s dreaded Star Chamber was outlawed. Citizens were given the right to religious freedom, to assemble, trial by a jury, a public trail and the assistance of counsel for defense. These new found rights were incorporated into English Common Law and later crossed the Atlantic (Penn established the colony Pennsylvania- Penn's Woods- having been given Pennsylvania by King Charles II of England in 1681.) becoming the backbone of the US Bill of Rights. The 1st, 4th, 5th, 6th, and 7th Amendments are direct results of the William Penn case.

Today in America the War on Some Drugs and Users has eroded most of these rights. We now even have illegal religions. I belong to one, Rastafari. The 4th Amendment is null and void, and the 6th and 7th Amendments are unrecognizable in the criminal justice system due to forced plea bargains. The 6th Amendment right to assistance of counsel for defense has been voided by State appointed lawyers who protect the State from citizens instead of how they were originally mandated: to protect citizens from abuse of government. The 6th and 7th Amendment rights to a speedy trial by a jury of one’s peers are now a rarity.

In my original trial in 2000, I used Jury Nullification as a weapon and was successful to a point. I forced the State to offer me a light sentence, with the threat that my jury wouldn’t convict me. I was offered 3-6 months in prison, followed by 16 months in a program called Intensive Supervision Parole. A month into my 3-6 months, ISP informed me I was ineligible: The State had pulled a “bait and switch.” I was now stuck in prison with a 10 year sentence.

From prison I began fighting for a new trial, trying to withdraw my plea since the State had renigged on its end of the so-called bargain. The local press began reacting to my letters from prison, writing stories based on my claims. Suddenly on April 3, 2002, after serving 17 months, the State released me into ISP, rather than have me restart my Jury Nullification tactics at trial.

Immediately upon getting into ISP, I discovered that instead of using ISP as the Intensive Supervision Program, the State intended to use it as the Inmate Silence Program. I was ordered not to talk about my religion, not to talk to the press, or petition for redress. I felt like a modern day William Penn. My ISP officer ordered me to dismantle the sanctuary I had built in my home. I viewed this as akin to William Penn having his church boarded up the English government. Similar to William Penn I defiantly refused to shut up, and was rearrested for complaining about my unconstitutional treatment. I was held for 5 days, from June 6-10, until I agreed by threat not to espouse my beliefs again publicly.

Upon release though, I decided to go even more public, similar to how Penn held a public sermon after being told not to. Following the philosophy of the Great Rastafarian prophet and reggae singer Bob Marley, who said “stand up for you rights, don’t give up the fight, keep up the fight,” I made 3 anti-Drug War commercials that didn’t directly espouse my beliefs but did call for the end of the War on Some Drugs and Users which makes my religion as illegal as Quakerism was for William Penn.

When the Trentonian newspaper conducted an interview with me on August 15-17 about these commercials, I was arrested again on August 19, 2002 for 1), making the commercials, and 2) for maintaining a website, NJWeedman.com. ISP officials claimed I was advocating and promoting illegal drug use. So now I’ve been held in Burlington County Jail for the last 3 months awaiting an ISP panel hearing. This panel’s decision, like the Star Chamber of William Penn’s era, cannot be appealed. So now even the dreaded Star Chamber has re-emerged due to the War on Some Drugs and Users.

The state is holding me to prevent me from espousing my beliefs or teaching the public about Jury Nullification. I have little doubt that today’s Star Chamber (ISP panel) will send me to prison.

I have filed a “Writ of Habeas Corpus” with the Federal Court in Camden, New Jersey, (02-04331) but as yet the federal judge has failed to free me as the English did William Penn and the jury that acquitted him. I have just learned that ISP will be hearing my case on December 4th, 2002, in Morris County Superior Court, Morristown, New Jersey.