Trials for Anti-Abortion Activists Are Postponed for Second Time in Month

Trials scheduled to begin today for 134 anti-abortion activists were postponed Tuesday for a week, the second such delay this month.

San Diego Municipal Judge John M. Thompson ordered the trials to begin a week from today. The trials were first set to begin Aug. 9.

Thompson, acting at a pretrial conference, had to rearrange the schedule because a single protester--William R. Lehman, 29, alleged to be a leader of the activists--had not waived his right to a speedy trial, said James M. Bishop, head deputy city attorney.

Lehman, who listed a Vista address, cannot be located, Bishop said.

Flexibility Lacking

Lacking the scheduling flexibility that a waiver would give, Thompson ordered that Lehman’s case, and those of seven other protesters facing misdemeanor conspiracy charges, go first, beginning next Wednesday.

Trial of the others, who have agreed to waive their speedy trial right, will follow consecutively, he ordered. Thompson estimated last week that the series of trials could take as long as a year.

The protesters face misdemeanor charges in connection with arrests April 8 and 29 and June 10 at San Diego-area clinics. Those charges include trespass, failure to disperse, resisting arrest and the eight conspiracy charges, Bishop said.

Originally, prosecutors had been prepared to try the protesters in four sets, one of 66, the others of 41, 19 and 8. Those trials were due to begin Aug. 9.

Last Wednesday, however, 68 of the protesters appeared before Thompson and agreed to waive their speedy trial right. In exchange, prosecutors agreed to try them in groups of five beginning today.

At last week’s hearing, Gregory Anthony, the activists’ lead defense attorney, told Thompson he would ask the others facing charges to appear at this week’s pretrial conference and seek a speedy trial waiver or grant him the authority to waive it for them.

Except for Lehman, prosecutors believe the others either did appear Tuesday and waived their speedy trial right or gave Anthony waiver authority, Bishop said. Anthony did not return phone calls Tuesday to his Los Angeles office.

Can’t Be Found

Prosecutors allege that the eight facing conspiracy charges “assumed active leadership roles” in the protests, according to a court order from the original consolidation of cases.

In related action, 42 of the 107 activists facing less-serious infraction charges from the three protests have agreed to a plea bargain negotiated last Wednesday, Bishop said.

Those 42 pleaded no contest last Friday in exchange for the sentence prosecutors recommended, one day’s community service, Bishop said. Court Commissioner James L. Duchnick ordered that the service be performed through the United Way, Bishop said.

“We anticipate that, as things move along, the others will take us up on the offer,” Bishop said.