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1 The Law Offices of EDWARD HARRINGTON HEYBURN, ESQ., LLC Edward Harrington Heyburn, Esq. Attorney Identification No Poplar Run East Windsor, New Jersey Tel. (609) Fax (609) Attorneys for Defendant Edward Forchion STATE OF NEW JERSEY Plaintiff, vs. EDWARD FORCHION, Defendant. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CRIMINAL PART MERCER COUNTY INDICTMENT NO PROSECUTOR # Criminal Action NOTICE OF MOTION TO RETURN PROPERTY TO Stephanie A. Katz Special Deputy Attorney General / Acting Mercer County Assistant Prosecutor Mercer County Prosecutor s Office Mercer County Courthouse 209 South Broad Street, Third Floor Trenton, New Jersey SIRS PLEASE TAKE NOTICE that on Friday, July 15, 2016, or a date determined by the Court or as soon thereafter as counsel may be heard, the undersigned, attorney for Defendant, Shaheed Brown shall apply to the above named court, Superior Court of New Jersey, Mercer County Courthouse, 400 South Warren Street, Trenton, NJ , for an Order requiring the Mercer County LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 1.

2 Prosecutor s Office to Return the Defendant s Property, specifically, the hard drives and DVR s taken during the search of his home and seizure of his property. PLEASE TAKE FURTHER NOTICE that pursuant to R.16-2(d), the undersigned hereby requests oral argument. A proposed form of Order is annexed hereto. The Law Office of EDWARD HARRINGTON HEYBURN, ESQ. Attorneys for Defendant(s) Edward Forchion DATED June 28, 2016 By EDWARD HARRINGTON HEYBURN, ESQ. LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 2.

3 CERTIFICATION OF MAILING Attached hereto is a Certification upon which I shall rely. I hereby certify that the original and one copy of this Notice of Motion, along with an original and two copies of the proposed form of Order has been filed with the Clerk, Superior Court of New Jersey, Mercer County Courthouse, 400 South Warren Street, Trenton, NJ , and a copy has been served via electronic delivery on all counsel as follows Stephanie A. Katz Special Deputy Attorney General / Acting Mercer County Assistant Prosecutor County Prosecutor s Office Mercer County Courthouse 209 South Broad Street, Third Floor Trenton, New Jersey The Law Office of EDWARD HARRINGTON HEYBURN, ESQ. Attorneys for Defendant(s) Edward Forchion By EDWARD HARRINGTON HEYBURN, ESQ. DATED June 28, 2016 LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 3.

4 The Law Offices of EDWARD HARRINGTON HEYBURN, ESQ., LLC Edward Harrington Heyburn, Esq. Attorney Identification No Poplar Run East Windsor, New Jersey Tel. (609) Fax (609) Attorneys for Defendant Edward Forchion STATE OF NEW JERSEY Plaintiff, vs. EDWARD FORCHION, Defendant. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CRIMINAL PART MERCER COUNTY INDICTMENT NO PROSECUTOR # Criminal Action ATTORNEY CERTIFICATION I, EDWARD HARRINGTON HEYBURN, ESQ., hereby certify as follows 1. I am an attorney at law of the State of New Jersey with The Law Offices of Edward Harrington Heyburn, Esq., attorney for the Defendant, Edward Forchion, as such I am fully familiar with the matter herein; 2. On behalf of Mr. Forchion, I move for this Court to return the hard drives and DVR s seized by the Trenton Police Department and now in the possession of the Mercer County Prosecutor s Office. LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 4.

5 3. I have attached a copy of an Affidavit of Edward Forcion as Exhibit A ; 4. I will rely on this Affidavit and the attached Memorandum of Law; 5. No action has been instituted to confiscate the hard drive and DVR s; 6. Both the Mercer County Prosecutor s Office and this Court have refused to respond to Mr. Forchion s repeated requests for a Probable Cause Hearing; a. See Defendant, Edward Forchion s Demand for a Probable Cause Hearing dated May 21, 2016 and attached as Exhibit B ; b. See Defendant, Edward Forchion s Demand for a Probable Cause Hearing dated June 3, 2016 and attached as Exhibit C ; 7. There is no legal basis to seize the hard drives and DVR s; 8. Defendant, Edward Forchion asks this Court to enter an Order requiring the Mercer County Prosecutor s Office to return the hard drives and DVR s to him; LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 5.

6 I hereby certify that the foregoing statements made by me are true. I am aware that if any of the forgoing statements made by me are willfully false, I am subject to punishment. EDWARD HARRINGTON HEYBURN, ESQ. Date June 28, 2016 LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 6.

7 The Law Offices of EDWARD HARRINGTON HEYBURN, ESQ., LLC Edward Harrington Heyburn, Esq. Attorney Identification No Poplar Run East Windsor, New Jersey Tel. (609) Fax (609) Attorneys for Defendant Shaheed Brown STATE OF NEW JERSEY Plaintiff, vs. EDWARD FORCHION, Defendant. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CRIMINAL PART MERCER COUNTY INDICTMENT NO PROSECUTOR # Criminal Action ORDER This matter having been brought before the Court on Motion of The Law Offices of Edward Harrington Heyburn, Esq., attorney for Defendant, Edward Forchion, for an Order requiring the Mercer County Prosecutor s Office to Return the Defendant s Property, specifically, the hard drives and DVR s taken during the search of his of his property, and IT IS HEREBY ORDERED on this day of, 2016 that Defendant, Edward Forchion s Motion is GRANTED; and IT IS FURTHER ORDERED that the Mercer County Prosecutor s Office shall return the Defendant s hard drives and DVR s within days of the date of this Order; and LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 7.

8 IT IS FURTHER ORDERED that a copy of this Order shall be served upon all parties within days hereof., J.S.C. Papers filed with the Court oopposed ounopposed LAW OFFICES OF EDWARD HARRINGTON HEYBURN, ESQ. 8.

9 AFFIDAVIT PERSONALLY came and appeared before me, the undersigned Notary, the within named Edward Forchion, who is a resident of Mercer County, State of New Jersey, and makes this his statement and Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his knowledge 1. I am Edward Forchion, residing in Trenton, New Jersey; 2. I am a defendant in a matter captioned, State v. Edward Forchion, Pros. No ; 3. I make this affidavit in support of my Motion to Return my property, specifically a hard drive and DVR s which were seized by the Trenton Police Department and now in the Possession of the Mercer County Prosecutor s Office; 4. On March 9, 2016, I filed a Civil Rights law suit against the Trenton Police Department and others as a result of actions the committed which violated my civil rights (Liberty Bell Temple III and Edward Forchion v. City of Trenton and Trenton Police Department, Civil Action No attached as Exhibit D ); 5. The Trenton Police Department appeared by way of counsel, Jacqueline A. DeGregorio, Esq., Weiner Lesniak LLP, 629 Parsippany Road, Parsippany, NJ 07054, and filed a Motion to Dismiss Plaintiff s Complaint pursuant to Rule 12(B)(6); 6. Attached to the Motion was a sworn Affidavit from Trenton Police Captain, Edelmiro Gonzalez, Jr., which stated 1

10 Edelmiro Gonzalez Jr., of full age, hereby certifies as follows 1. I am a member of the Trenton Police Department ("TPD") possessing the rank of Captain. In my supervisory capacity with the TPD, I am fully familiar with the facts giving rise to this matter. *** 6. On February 28, 2016 at 230 a.m., officers were detailed to 322 East State Street on the report from a private individual of disorderly conduct involving a street fight. When the officers arrived there were approximately 30 people outside of the deli/temple. The crowd had apparently exited 322 East State Street. One person was arrested and charged with resisting arrest, improper behavior and failure to disperse. See redacted Event and Incident/Investigation Reports attached as Exhibits "C" and "D". *** (Affidavit of Trenton Police Captain, Edelmiro Gonzalez, Jr. dated April 1, 2016 and attached as Exhibit E ); 7. Fortunately, I had video proof that Officer sworn affidavit was false, thus perjury; 8. The video showed that there was not a street fight near 322 East State Street and there were not 30 people outside of 322 East State Street when the Trenton Police arrived; 9. Apparently, Captain Gonzalez and his attorneys were not aware that the Liberty Bell had video surveillance of the 2

11 incident when his Affidavit was drafted by Jacqueline A. DeGregorio, Esq. 9. The exculpatory evidence contradicting Captain Edelmiro Gonzalez s Affidavit was on the Digital Video Recording System which was purchased to make a reality television show; 10. Accordingly, on April 7, 2016, I filed a Pro Se brief advising the Court that the Affidavit in support of Defendant, Trenton Police Department was false and that I had video proof of the officer s false statements on the DVR s. (See a copy of my Pro Se Brief attached as Exhibit F ); 11. On January 8, 2016, Jacqueline A. DeGregorio, Esq., attorney for the Trenton Police Department sent Edward Forchion a Notice to Preserve Evidence including hard drives and storage media. (See a copy of Jacqueline A. DeGregorio s letter dated April 8, 2016 and attached as Exhibit G ); 12. On April 27, 2016, the Trenton Police Department, dressed in tactical gear, carrying military grade weapons descended on my business and temple; 13. The primary purpose of the raid was to seize the DVR s and hard drive which contained exculpatory evidence, evidence for the civil rights case and evidence of Captain Gonzalez s perjury; 14. Essentially, the Trenton Police Department was able to steal evidence of their illegal and unlawful conduct; 15. The Mercer County Prosecutor s Office has refused to provide me with the Affidavit of Probable Cause presented to the Hon. Anthony Massi at the time the search warrant was requested; 3

12 16. I retained Edward Harrington Heyburn, Esq. to represent me in the criminal matters and represent me in the civil rights case in Federal Court, Edward Forchion and Liberty Bell Temple III v. City of Trenton, et al.; 17. On my behalf, Mr. Heyburn demanded a probable cause hearing on May 21, See a copy of Edward Harrington Heyburn s letter dated May 21, 2016 filed with this Court and attached as Exhibit B ); 18. On my behalf, Mr. Heyburn demanded a probable cause hearing on June 3, See a copy of Edward Harrington Heyburn s letter dated June 3, 2016 filed with this Court and attached as Exhibit C ); 19. Neither the Court nor the Mercer County Prosecutor s Office has scheduled a Probable Cause Hearing; 20. Neither the DVR s or the hard drives have evidentiary value; 21. The DVR s contain video proof necessary to proceed with my civil rights case in Federal Court; 22. The DVR s also contain recordings that I was in the process of editing to pitch a reality television show; 23. The hard drives contains irreplaceable data including a. Thousands of family pictures; b. Original manuscripts of three unpublished books I wrote where there are no other copies; c. Original manuscripts of three published books I wrote where there are no other copies; d. Downloads of hundreds of documents; 4

13 e. Backups for my websites telephones; f. Personal writings, including diaries, ideas and thoughts spanning 20 years. There are no backups copies; g. Every one of my published Trentonian Colmnns; h. Legal documents, correspondences, appeals briefs, pro se Motions. This material is material that is protected by the attorney client privilege and attorney work product doctrine; 24. All of these items can be copied to the extent that the Court is inclined to believe that the Trenton Police Department acted in good faith; me; 25. The or.i.ginal DVR's and hard drives can be returned to 26. I am concerned that the Trenton Police Department and/or the Mercer County Prosecutor's Office will delete some or 'all of the contents of these files; 27. Accordingly, I am asking for a preliminary injunction enjoining the Trenton Police Department and/or the Mercer County Prosecutor's Office from erasing any of the data on these DVR's and hard drives. DATED this the Ji!ay of _,Ji. Edward Forchion 5

14 State County of New Jersey of Mercer SWORN to and SUBSCRIBED before me, the undersigned authority, on the /J1 day of ~J'-"Ll'C"1L-<-. ~D/b year, by Edward Forchion. ~~ujh%-p State of New Jersey [Notary's signature.]!'it/rr/uf/ a/-j,cu_,v s-fuk or!l(j _ 6

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34 Edward Harrington Heyburn, Esq. 7 Poplar Run East Windsor, New Jersey Tel. (609) Fax (609) heyburn@heyburnlaw.com (Sent Via Electronic Filing and U.S. Mail) Stephanie Katz, Assistant Prosecutor Mercer County Prosecutor s Office P.O. Box 8068 Trenton, NJ May 21, 2016 RE State v. Edward Forchion Pros. No Indictment No. N/A Dear Ms. Katz Please be advised that I represent Edward Forchion in the above captioned matter. I respectfully request that a Probable Cause Hearing be scheduled within a reasonable time pursuant to Rule 34-3 which provides in relevant part * * * Hearing as to Probable Cause on Indictable Offenses (a) If the defendant does not waive indictment and trial by jury but does waive a hearing as to probable cause, the court shall forthwith bind the defendant over to await final determination of the cause. If the defendant does not waive a hearing as to probable cause and if before the hearing an indictment has not been returned against the defendant with respect to the offense charged, after notice to the county prosecutor a judge of the Superior Court shall hear the evidence offered by the State within a reasonable time and the defendant may cross-examine witnesses offered by the State.

35 If you have any questions, please do not hesitate to contact me. Very truly yours, EDWARD HARRINGTON HEYBURN, ESQ. cc Hon. Peter Warshaw (Via Electronic Filing) Edward Forchion

36 Edward Harrington Heyburn, Esq. 7 Poplar Run East Windsor, New Jersey Tel. (609) Fax (609) heyburn@heyburnlaw.com June 3, 2016 SECOND REQUEST (Sent Via Electronic Filing) Stephanie Katz, Assistant Prosecutor Mercer County Prosecutor s Office P.O. Box 8068 Trenton, NJ RE State v. Edward Forchion Pros. No Indictment No. N/A Dear Ms. Katz Please be advised that I represent Edward Forchion in the above captioned matter. I respectfully request that a Probable Cause Hearing be scheduled within a reasonable time pursuant to Rule 34-3 which provides in relevant part * * * Hearing as to Probable Cause on Indictable Offenses (a) If the defendant does not waive indictment and trial by jury but does waive a hearing as to probable cause, the court shall forthwith bind the defendant over to await final determination of the cause. If the defendant does not waive a hearing as to probable cause and if before the hearing an indictment has not been returned against the defendant with respect to the offense charged, after notice to the county prosecutor a judge of the Superior Court shall hear the evidence offered by the State within a reasonable time and the defendant may cross-examine witnesses offered by the State.

37 If you have any questions, please do not hesitate to contact me. Very truly yours, EDWARD HARRINGTON HEYBURN, ESQ. cc Hon. Peter Warshaw (Via Electronic Filing) Edward Forchion

38 I I Jacqueline A. DeGregorio, Esq. Attorney ID # WEINER LESNIAK LLJ> 629 Parsippany Road P.O. Box438 Parsippany, NJ Phone (973} Fax (973} Attorneys for Defendants City of Trenton and Trenton Police Department Our File No _1 i I I! l UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY LIBERTY BELL TEMPLE llland EDWARD FORCHION v. Plaintiffs, CITY OF TRENTON AND THE TRENTON POLICE DEPARTMENT Civil Action No PGS-LHG Civil Action Certification of Edelmiro Gonzalez Jr. t! I [ " Defendants. Edelmiro Gonzalez Jr., of full age, hereby certifies as follows 1. I am a member of the Trenton Police Department ("TPD") possessing the rank of Captain. In my supervisory capacity with the 1PD, I am fully familiar with the facts giving rise to this matter. 2. Since January J 6, 2016, the TPD has received. and responded to complaints for various incidents in the proximity of322 East State Street at which plaintiff, Edward Forchion ("Forchion'') oper?tes a restaurant/delicatessen (the "deli"); and the adjacent property located at 320(B) East State Street which is the location of a purported "cannabis temple" (the ''temple") run by plaintiff, Liberty Bell Temple, III (' Liberty Bell").

39 r The incidents at the deli/temple have included complaints for excessive noise, theft and disorderly conduct The TPD has also issued summonses for violations of City ordinances regarding parking and the hours of operation of a business. 4. On January 17, 2016 at am., a complaint of excessive noise eman ating from the deli/temple was received. The caller indicated that loud music and people makin g noise happens every weekend_ See redacted Event Report attached as Exhibit "A". 5. On February 7, 2016 at 327 am., a complaint ofloud noise emanating from the deli/temple was received. See redacted Event Report attached as Exhibit "B". 6. On February 28, 2016 at 230 a.m., officers were detailed to 322 East State Street on the report from a private individual of disorderly conduct involving a street fight When the officers arrived there were approximately 30 people outside of the deli/temple. The crowd had apparently exited 322 East State Street. One person was arrested and charged with resisting arrest., improper behavior and failure to disperse. See redacted Event and Incident/Investigation Reports attached as Exhibits "C" and "D". 7. On March 2, 2016 at 655 p.m., officers were detailed to 322 East State Street on the report of a theft. Forchion was the purported victim and claimed that his ipad had been stolen. The officers took a report and left. See redacted Event and Incident/Investigation Reports attached. as Exluoits "E" and "F'. 8. On March 6, 2016, a complaint came in at 350 a.m. regai"ding the deli/temple. See red.acted Event Report attached as Exhibit "G". 9. On March 20, 2016, at 1 00 a.m. while officers were driving down East State Street they observed that the lights were on in the deli at 322 East State Street and that an illuminated "open" sign was also turned on. See redacted Event and lncident/lnvestigation Reports attached as

40 I! ' Exhibits "H'' and "l". The officers further observed patrons walking in. and out of fae deli. Ooe woman walked out with a container of food from which she was eating chicken. Id. When Forchion saw the officers he hunied. the patrons out of the deli and into the temple and immediately shut off the lights and illuminated sign in the deli. Id. When the officers knocked on the door no one answered. Id. However, when they were walking away Forchion stuck his head out and said "You're wasting valuable resources." Id. Forchion was mailed a summons for violation of the City Ordinance regarding the hours of operdtion of a business. Id. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment Dated l Af d L- lb

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