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. - --- MAP posted-by: Jay Bergstrom