Start of Trials Delayed for Abortion Protesters

The mass trials of some of more than 200 abortion protesters didn’t begin as scheduled Wednesday because of two last-minute deals, including one that seemed likely to settle about half the cases, lawyers on both sides said.

Talks in connection with a second batch of cases did not produce a settlement, however, so the first trials in those cases are scheduled to begin next week, the lawyers said.

The first group of cases involves those activists charged with infractions. The second bloc involves more-serious misdemeanors. The protesters face charges in connection with arrests April 8, April 29 and June 10 at San Diego-area clinics.

The infraction cases appeared to be resolved because the two sides agreed to a defense proposal first made Wednesday morning, said James M. Bishop, head deputy city attorney.

In exchange for a plea of no contest to the infraction--primarily a trespass charge--prosecutors agreed to recommend a sentence to San Diego Municipal Judge John M. Thompson of one-day’s community service, Bishop and defense attorney Timothy C. Rutherford said.

Performed Through Agencies

Thompson said from the bench at a hearing Wednesday morning, confirming the bargain, that the service would be performed through agencies already on a court eligibility list. Although the protesters will not be able to suggest appropriate service, he said, that service will not conflict with their anti-abortion stance.

To make the deal final, Rutherford said, he and lead defense lawyer Gregory J. Anthony need to get approval from each of the protesters involved in the about 110 infraction charges. But he said it was “very likely to go down.”

The activists facing misdemeanor charges, meanwhile, agreed Wednesday to waive their right to a speedy trial. In return, prosecutors agreed to try them in groups of five.

Originally, prosecutors had been prepared to try the protesters in four sets, one of 66, the others of 41, 19 and eight.

May Take a Year

Thompson said that, given the scheduling flexibility, the 20 or so trials will begin next Wednesday and run one after another. The whole process might take more than a year, he said.

Thompson set a pretrial hearing for Tuesday.

“It’s still going to clog the system, but it won’t have the massive effect trying them in groups of 60 might have,” Bishop said.

After agreeing to trials in groups of five, prosecutors and defense lawyers could not agree in talks that took all of Wednesday afternoon about how to settle the misdemeanor cases.

“It’s been the same problem all along,” Bishop said. “The defense does not want any probation whatsoever, and we naturally want probation to ensure that we and the police and the citizens are not put through this again.”

Prosecutors insist that a condition of the probation include a directive that the protesters not engage in similar activity, Bishop said.

The misdemeanor charges include trespass, failure to disperse, resisting arrest and eight charges of conspiracy, Bishop said. Some of the protesters face multiple charges.

More than 220 people were arrested in the three protests, but some chose to forfeit bail and had their cases dismissed.

Prosecutors revealed Wednesday that a deputy assigned to the cases had received telephone threats. In addition, Bishop said, other deputies had received “lots of hate mail.”