Abortion Foes Seek to Make Court Their Forum

As a band of followers rallied and prayed outside the Los Angeles County Courthouse, five anti-abortion activists who face trial for illegally blockading a women’s clinic went before a judge Monday to argue that their sit-in was justified because it “saved lives.”

Randall Terry, founder of the militant anti-abortion organization Operation Rescue, and four others are charged with misdemeanor conspiracy and trespass counts for the March 25 demonstration, part of a “Holy Week” crusade against abortion that resulted in more than 1,000 arrests locally.

In pretrial motions before Municipal Judge Richard A. Paez, city prosecutors fought to prevent the trial from becoming a debate on abortion.

“Using the court as a forum to litigate the issue of abortion is not appropriate,” Deputy City Atty. Kjehl T. Johansen said in a courtroom packed with Operation Rescue supporters and journalists. “This is a simple case of trespass . . . of simple misdemeanors.”

Focus on Their Cause

But Terry and his co-defendants, who brought along photos of fetuses and a Bible, made it clear they were seeking to put abortion on trial and attract attention to their cause in the process.

“I’m thrilled to be able to look 12 men and women in the face and explain what we’re doing and why,” Terry told The Times. “I want the jury to hear my heart.”

Monday’s arguments centered on whether the defendants can use the “defense of necessity,” which says laws can be broken in order to prevent harm or “significant evil.” That defense has rarely stood up in a California court, and Paez indicated that it might be weakened by the fact that abortion is legal.

But the defendants insisted that it is the very crux of their case.

“There are hearts still beating today because of the actions my client took at the killing center that day,” said Cyrus Zal, one of eight defense attorneys in the case.

In opposing use of the necessity defense, Johansen warned that it would set a dangerous precedent; someone whose convictions held organ transplants or blood transfusions as evil would consider himself justified in shutting down all hospitals.

Adding that California law permits abortion, Johansen argued that demonstrators may have postponed but did not stop abortions, and he complained that the defense would use photos of aborted fetuses to try to draw on jurors’ emotions.

Zal responded that such tactics are appropriate ways to appeal to what he called the “jury as conscience of the community.

Matter of Emotion

“Yes, it does raise emotion. The taking of human lives does raise emotion,” Zal said. “Why do they (the prosecutors) want to hide it?”

The defense suggested that if allowed it will call as witnesses women who decided against having abortions and “experts” to testify that life begins at conception.

Paez said he would rule on the matter today. But he conceded that the highly-charged abortion issue would inevitably be aired.

“I have no doubt that, by hook or crook, no matter what ruling I make, the jury will be well-informed about what happened that day (of the clinic blockade) . . . and the reasons,” Paez said.

Before the hearing started, about 30 supporters of Operation Rescue held a prayer vigil outside the courthouse. They sang “Amazing Grace” and waved placards calling abortion murder.

Two counter-demonstrators, including a man dressed as a sperm cell, rallied across the street.

Facing trial with Terry are Jeff White, 31, of Santa Cruz; Andrew Eppink, 41, of Palmdale; Donald Bennette, 36, of Mission Viejo and Michael McMonagle, 36, of Philadelphia. Terry, 30, of Binghamton, N.Y., is representing himself, as are White and McMonagle.

The defendants, who earlier pleaded not guilty, are charged with trespassing, resisting arrest, blocking the sidewalk, failure to disperse, violating court orders and criminal conspiracy. The maximum penalty is $10,000 and a year in jail.

The trial is expected to last at least three weeks. Another 539 anti-abortion activists will then be tried in groups of 20, Deputy City Atty. Lara Bloomquist said.

In a related development, a Los Angeles federal judge indicated Monday that he would consider appointing a special prosecutor to file criminal contempt charges against Operation Rescue activists whose repeated blockades of abortion clinics violate a court order.

U.S. District Judge Wallace Tashima told American Civil Liberties Union lawyer Carol Sobel, who appeared at a hearing to seek civil contempt charges against 37 anti-abortion demonstrators, that she should ask the U.S. attorney’s office to file criminal contempt charges, which would carry stiffer penalties.

If the U.S. attorney refuses, Tashima said, he would consider appointing a special prosecutor.

Eighteen demonstrators are being tried on civil contempt charges, and the ACLU will seek the same charges against 100 to 200 more “hard-core” activists, Sobel said.

“These people have arrest records from here to the end of the hall,” she said. “There is no one we’ve gone after who has not been arrested at least twice. Some have been arrested nine to 10 times.”