This time, Forchion argued that emails between himself and his former attorney, Edward Heyburn, outlined their legal strategy, and qualified as new material evidence to get a new hearing.
“When I first met Mr. Heyburn I thought the strategy was genius,” Forchion said.
Their plan, according to Forchion, was to reveal the identity of the confidential informant who allegedly purchased marijuana from Forchion, which led the 2016 drug raid on the Weedman’s Trenton restaurant.
Forchion was later arrested and jailed in March on witness tampering charges.
Forchion said that Heyburn had told him case law, State v. Milligan, set the precedent that if the identity of the confidential informant was revealed, they could then make the argument for entrapment.
In a related development, Heyburn recently filed a lawsuit against Forchion and Deborha Madaio, the Weedman’s his business partner and girlfriend, for libel and slander after the two posted defamatory remarks against him on Facebook.
Heyburn also claims Forchion violated attorney-client privilege by sending emails between himself and Heyburn to a Times of Trenton reporter, and posting them to Facebook.
“(Forchion) never listened to any of my advice, it was one problem after the other,” Hayburn said in a phone call with NJ Advance Media last week.
The lawyer said the emails had been misrepresented and he had done everything he could to dissuade Forchion from his “antics.”
Heyburn was also at the hearing Tuesday, and was willing to provide both the defense and the state with copies of email correspondence between himself and his former client.
Forchion argued that not all of their email correspondence was relevant to this case, and requested that only the emails he already released to the Times of Trenton and posted on Facebook be considered.
Mercer County Deputy First Assistant Prosecutor Stephanie Katz said there could be other relevant emails about Heyburn and Forchion’s legal strategy that haven’t already been release.
Massi decided Heyburn would file a certification explaining why the selected emails have to be released.
In response to Forchion’s other arguments Mercer County Assistant Prosecutor John Boyle said that Forchion did not present any new information related to detention, therefore the was no reason to revisit the detention issue.
Massi said he would review briefs from each side and would make a decision Friday.
“I’m not afraid of the jury,” Forchion said during a phone call to NJ Advance Media Tuesday afternoon.
“Nothing I did fits the charge,” he said.