3 Abortion Foes Surrender to Do Jail Time by Choice

Three anti-abortionists, convicted of trespassing during a July protest at a San Marcos medical clinic, surrendered Monday in Vista Municipal Court to begin jail terms, saying they preferred jail to the probation terms that would have let them remain free.

The three, who were sentenced Friday by Vista Municipal Judge Harley Earwicker, arrived at his courtroom promptly at 9 a.m. Monday, accompanied by about 10 supporters who sang the hymn “Amazing Grace.” The three were handcuffed and led away by sheriff’s deputies.

“Probation would have been the easier way for them to go,” said attorney Burton Shamsky, who represented one of the three jailed defendants. “But they opted for jail time because they didn’t want any part of the restrictions that went along with probation.”

Earwicker had offered four defendants in the same case a suspended sentence and probation instead of jail. But the terms of the two-year probation included a promise on their part that they would not picket any closer than 100 feet at the office of Dr. George Kung in San Marcos, that they commit no similar crimes--including trespassing, and that they pay fines and do community service.

One of the four, Nancy Scofield, 40, of Poway, agreed to the terms and was released on probation Friday. But the other three defendants--Dean Mesa, 30, of San Diego, a former deputy sheriff who was also convicted of resisting arrest; Georgina Cheek, 37, of Santee, and Angela Phelps, 31, of El Cajon--on Friday rejected Earwicker’s offer. Cheek and Phelps face 60-day jail terms and Mesa was sentenced to 120 days.

The judge ordered them immediately handcuffed and readied for jail, but then agreed to let them remain free over the weekend so they could set their personal lives in order, on the promise they would return to his courtroom Monday morning.

All four were convicted Friday by the same jury of trespassing during the July incident that attracted about 15 anti-abortionists to Kung’s office on South Rancho Santa Fe Road. All of the protesters left the office but the four, who locked themselves together at their necks with U-shaped bicycle locks.

Mesa, who had been arrested at other abortion protests in San Diego County, was also arrested for delaying and obstructing justice after he lifted his feet off the ground as he was being led out of the office.

Deputy Dist. Atty. James Romo, who prosecuted the case, said he had never before heard of a misdemeanor case in which the defendants accepted jail time over probation.

“The judge took great pains to explain to them that the terms of probation didn’t mean they couldn’t picket or protest, but just that they had to stay 100 feet from that particular doctor’s office,” Romo said.

Still, the three preferred jail time. Romo said they would likely spend only two-thirds of their time in jail--based on expected good behavior--and could conceivably be released by the Sheriff’s Department earlier, depending on jail crowding. Both women were sent to the County Jail at Las Colinas.

Because they are serving time, they will face no restrictions on picketing after their release--as would have otherwise been the case had they accepted two years’ probation.

Mesa and Cheek represented themselves in court. Shamsky, who represented Scofield and Phelps, said he concurred with the decision by the three to go to jail rather than submit to the terms of probation.