Pubdate: Sun, 07 Feb 2016
Source: Trentonian, The (NJ)
Column: Passing the Joint
Copyright: 2016 The Trentonian
Contact:  http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: Ed Forchion, For The Trentonian njweedman.com
Referenced: http://www.mapinc.org/drugnews/v16/n063/a01.html

FLAT-WORLDERS AND JUDGE BLANEY ARE ONE AND THE SAME

Blaney called Jon's right to self-representation at his trial 
"shortsighted" and said his activism in the fight to have marijuana 
legalized in New Jersey was "misguided."

The term "flat-worlder" is often used in a derogatory sense to mean 
anyone who holds ridiculously antiquated views. There was a time when 
authorities and those who thought they knew best ridiculed and 
chastised people who said the world was a sphere. So flat-worlders 
are idiots who reject science.

But I've come up with a local Jersey word for those who, today in 
2016, reject the science, truth, and facts about marijuana and 
instead believe the superstitions, distortions, government 
propaganda, and flat-out lies of yesteryear: Blaney.

The name is in pseudo honor of Ocean County Superior Court Judge 
James Blaney. Most people erroneously think judges are brilliant. 
Most people also know there's an exception to every rule - and an 
idiot ready to demonstrate it. Judge Blaney did so last week. So I've 
named an "award" for idiocy after him. My first Blaney goes to Dave 
Neese for his Feb. 1 column in The Trentonian, "Pot legalization 
pipe-dream." (http://www.trentonian.com/ opinion/20160131/dave-neesepot

Now when I hear someone say something stupid about marijuana, I'll 
say, "That was mighty Blaney of you," or "Dude, you're such a 
Blaney," or "WT Blaney!" Dave Neese, please accept this Blaney. In 
future columns, expect me to drop a Blaney award or two as I write 
about fools and asses.

I've coined this term because last week I attended the sentencing 
hearing of "convicted drug war victim Jon Peditto," which was 
presided over by this modern flat worlder, Judge James Blaney, who is 
a victim of his own Harry J. Anslinger Reefer Madness mentality.

During the trial Judge Blaney robbed Peditto of his right to a fair 
trial as Peditto tried to speak up for his rights and 
constitutionally defend himself against the charges with "the truth 
about marijuana." Judge Blaney constantly shut him down because he's 
blinded to the truth about cannabis, like a 15th century pope to the 
world being round.

Among other idiotic statements, Judge Blaney said this from the bench 
about Jon : "Watching him and the way he conducted himself led me to 
believe that some of his cognitive brain functions appear to be 
affected by smoking marijuana since he was 15 years old. His mental 
process, at times, seemed to be confused."

Blaney, who bold-facedly tried to manage Jon's resistance during the 
trial, called Peditto "outright arrogant and simple-minded." Wow, 
talk about the pot calling the kettle black! I'm glad Jon didn't 
meekly plead guilty within days of his arrest, nor did he walk into 
the proverbial oven of prison. He gallantly resisted to the end - I 
admire that.

Blaney called Jon's right to self-representation at his trial 
"short-sighted" and said his activism in the fight to have marijuana 
legalized in New Jersey was "misguided." He went into a tirade and 
openly blamed Jon's "uncontrollable" behavior in the courtroom on his 
decades of smoking marijuana.

I witnessed some of John's trial; in my opinion, he was in total 
control of his behavior - the content of what he was saying just 
wasn't controlled by blind beliefs in the law's legitimacy or the 
tyrants who uphold it. I've been in this situation myself, so I 
totally understood Jon 's plight and admired his will to resist the 
"idiocracy" that has imprisoned him.

At his sentencing, instead of capitulating to the "nonsense of 
government anti-marijuana propaganda" that folks like Gov. Christie, 
Judge Blaney, and Dave Neese believe in, Jon courageously and proudly 
used the proceedings to lecture Blaney and Ocean County Senior 
Assistant Prosecutor Michael Abatemarco about the reality of 
marijuana. Jon explained how the marijuana laws are lies, and how 
it's asinine to ban marijuana.

Blaney and Abatemarco seemed angry that Jon attempted to use jury 
nullification to free himself, and they portrayed him as unruly. They 
were railroading him into prison for a decade for 17 plants-he should 
be unruly. For those who think it's stupid to represent yourself, get 
informed: There are plenty of intelligent reasons to represent 
yourself, but the No. 1 reason is a hired lawyer might refuse to help 
you as you wish.

I'm free now to write this column because I knew about jury 
nullification and successfully employed it as a tactic/ defense. I 
was also lucky to have smart jurors in October 2012. Jon's jurors 
were fools, I even heard a couple of them babbling on 101.5 FM about 
their rationale.

Jon was arrested in August 2012 for growing 17 plants. He truly 
didn't feel he had done anything wrong and didn't think 12 people 
would really put him in a cage for plants. A few weeks after I was 
acquitted in my trial (https://www.youtube.com/watch?v=ApSKyDneg6w) 
in Burlington County (Oct. 18, 2012), Jon called me wanting to employ 
the same defense. I explained I wasn't a lawyer, but I gladly gave 
him a link to my online guide (www.njweedman.com/CPU_JN_ guide.htm) 
where I explain how I did it. We became friends in "cause" as Jon 
grew into an activist.

I've represented myself at three trials; in all three, I openly 
advocated jury nullification as a defense. I also always had 
"assistance of counsel for my defense." In Faretta v. California 
(1974), the Supreme Court said all defendants have the right to 
represent themselves, as per the Sixth Amendment, and a defendant has 
the right to chose his defense as well: "The defendant has the right 
to choose his defenses and tactics for if those tactics fail, he is 
the one to suffer the consequences." In my cases, the judges were 
irked by my choice of defense too, but ultimately they had to comply, 
as the Supreme Court made clear in the Faretta case.

Jon wanted to do the same in his case, but Judge Blaney refused to 
allow him to "represent himself and have assistance." Instead, he 
assigned a public defender to serve as standby counsel (which is 
different). Additionally, the public defender refused to assist Jon 
with his defense of choice (jury nullification). And by refusing to 
assist Jon with his chosen defense, the Ocean County Public Defenders 
Office helped the prosecution. Jon was forced to go to trial without 
a true advocate on his behalf.

The lawyers assigned to assist me both started out resisting my 
defense, too, but eventually relented and served as assistants to my 
defense. I'm free now because they did. Jon was denied this right 
because, as Judge Blaney himself said, he considered Jon 
"simpleminded"- dimwitted for wanting to tell the jury the truth and 
asking them to set him free with a not guilty verdict? He still 
tried, which clearly ticked Blaney off.

In case you didn't know, New Jersey Constitution Article 1 Paragraph 
6 says: In all prosecutions or indictments ... the truth may be given 
in evidence to the jury ... the jury shall have the right to 
determine the law and the fact.

This is jury nullification, clearly written right into the New Jersey 
Constitution. This is all Jon wanted to use as a tactic in his 
defense - "per Faretta"; he wanted to tell the jury about the beauty 
of marijuana and tell the truth - that the 2C:35 laws he was charged 
with violating are based on lies.

You don't have to be a genius to understand Jon was clearly denied 
the rights ensured by the U.S. Supreme Court in the Faretta case, his 
"right to assistance of counsel for his defense" at trial, and he 
deserves to be released on bail pending his appeal. Which his 
assigned "appeal lawyers" didn't even ask for. Ughhhh.

Flat-worlders and Judge Blaney are one and the same

I almost cried in the courtroom when his new assigned lawyer, Louis 
Esposito, who was hired by Jon's family, contradicted everything Jon 
stood for and agreed with Judge Blaney by calling Jon a "fool and 
ass" for wanting to represent himself.

Jon's lawyer goofily appealed to the judge for leniency: "Jon was 
high through his trial and suffered from the effects of marijuana." 
He failed to even motion for a stay pending appeal or bail pending 
appeal. Jon wasn't even asking his jurors for leniency - merely for 
them to exercise their discretion in determining the law and the facts.

Prosecutor Abatemarco did his job of imprisoning John, and Judge 
Blaney ran interference on Jon meeting Lady Justice. The jurors are 
the cause of this tragedy, because they were too stupid to see 
through the lies of our government about this plant - they were 
gullible fools who rubber-stamped the government's tyranny with their 
guilty verdict.

P.S. Judge Blaney sentenced Jon to eight years. In another case I 
followed, Michael Maslo of Somerset County received 30 months 
probation for 35 plants he was caught growing.
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MAP posted-by: Jay Bergstrom