Abortion Foe Chooses Jail Over Fine in Atlanta Case

Operation Rescue founder Randall Terry was fined $1,000 Thursday for an anti-abortion blockade of a medical clinic during last year’s Democratic National Convention but opted for two years in jail instead.

“In good conscience I cannot pay the fine,” said Terry, 30, who while acting as his own attorney during the trial, argued that he had the right to break “man’s laws to uphold God’s laws by saving unborn children.”

Terry was convicted by a jury Sept. 29 in Fulton County State Court of trespass and unlawful assembly resulting from a demonstration at the Atlanta SurgiCenter in July, 1988. The demonstration resulted in the arrest of 139 anti-abortion activists.

1,100 Arraigned

Since that incident, another 1,100 activists have been arraigned for a series of similar demonstrations in the city, and officials estimate that police and court costs to the city are running in the millions of dollars.

The charismatic leader and his anti-abortion group have blockaded hundreds of clinics nationwide and have been embroiled in more than 150 trespass court cases. An estimated 28,000 to 35,000 protesters have been arrested. Last month he was acquitted by a Los Angeles jury of trespass charges stemming from blockades at two women’s clinics. He is due back in Los Angeles in December to face conspiracy charges.

In Atlanta, Chief Assistant Solicitor Robert Lee O’Brien, whose home was picketed by anti-abortion demonstrators during the trial, had asked the court to give Terry two years in jail, the maximum penalty. However, Fulton County Judge John Bruner suspended the jail term on condition Terry pay a fine, stay out of the Atlanta area for two years and not violate any Georgia laws.

‘Not a Criminal’

Terry told the judge: “I’m in your hands. I’ve requested no fines or imprisonment. I am not a criminal. I was there for the purpose of saving babies.”

Bruner, who had continually admonished Terry for trying to make abortion the issue, shot back: “I won’t be preached to.” O’Brien said Thursday, “Terry told me in court that I had blood on my hands for prosecuting him and that God would punish me, but never once did he deny the criminal trespass charges.”

O’Brien said Terry would serve his time at one of the county’s jail work camps where “they spend a lot of time breaking up rocks.”

Terry had tried to argue that his actions were intended to save lives of the unborn, but Judge Bruner ruled that he could not use the necessity defense because it did not pertain directly to the charges.

Operation Rescue officials say that they will appeal the conviction.

Asked who would lead the organization’s rallies if Terry decides to stay in jail, Operation Rescue official Joseph Foreman, said: “Sometimes you can lead better from jail than other places. . . . If people care, it is far more effective than an appeal.”

Bob Jewitt, Atlanta’s Operation Rescue coordinator, said that they plan to jam phone lines to city and county government offices in Atlanta to protest the sentence. “We are already getting calls from all over America. The Christian public is outraged. . . . He was railroaded.”

Expects Fine to Be Paid

Patricia Ireland, executive vice president of the National Organization for Women, which has battled Operation Rescue in court on numerous occasions, said Thursday: “He clearly wants to play Daniel in the lions’ den. His friends will ultimately pay his fine, but in the meantime he’ll get a lot of publicity.”

Ireland criticized the judge for “merely slapping Terry on the wrist. Randy Terry has become a symbol of anti-abortion extremism at its worst. In light of this, he should have imposed a significant sentence because he (Terry) will continue to harass clinics and the women who are exercising their constitutional rights.”

Carol McGraw reported from Los Angeles and Edith Stanley from Atlanta.