SANTA ANA : Former Councilman Sentenced, Fined

Former Tustin City Councilman John Kelly was sentenced to three years’ probation and fined $1,400 Friday for resisting arrest during an anti-abortion protest at a Tustin family-planning clinic last April.

Three co-defendants received jail sentences ranging from six months to one year, while two others received probation and fines for their part in the Good Friday protest at the Doctor’s Family Planning Medical Group.

Five others failed to appear for sentencing and Judge James Brooks issued warrants for their arrest. During a trial last month, all 11 were convicted of resisting arrest.

Kelly and the other defendants placed on probation were also ordered to pay restitution to the Tustin Police Department and $500 to the clinic, and to stay at least 2 miles from any Orange County facility where abortions are performed, said Deputy Dist. Atty. Christine Simmons.

Kelly, who operates a tuxedo shop near the picketed clinic, will be allowed to come within one block of that facility, Simmons said.

Susan Finn, a spokeswoman for Operation Rescue, the anti-abortion group that sponsored the protest, said the sentences were “an outrage.”

“It is ridiculous that with the Orange County Jail releasing hardened criminals because of overcrowding, pro-lifers will have to spend six months or a year in jail,” Finn said. “This is strictly a political move that endangers the lives of Orange County residents because this jail space could be used to keep criminals in jail.”

Neither Kelly nor his attorney, Tom Goethals, returned calls for comment.

Also sentenced Friday were Thomas Tami of Livermore, who was sentenced to one year in jail, and David Paul Leonard of Fountain Valley and Peter French of Laguna Beach, who were each given six-month sentences.

The three were given the option of accepting probation, but they would not agree to forgo further protests.

Tami received a stiffer penalty because he has a prior conviction for the same offense, Simmons said.

Carla Jean Bultsma of Rancho Cucamonga and Jean Clara Davis of Camarillo accepted probation and the fine and were ordered to pay restitution of $1,400 each to the Tustin Police. Kelly’s restitution to the department was $100.

The women’s restitution was higher than Kelly’s because they had played a larger part in the protest and had been there longer, Simmons said.

During the protest, Kelly, who had been defeated for reelection the week before the demonstration, had demanded that Police Chief William D. Franks order his officers to stop arresting the protesters. When the chief refused, Kelly told him angrily, “You still work for me. This is insubordination.” He then joined the others in blocking the clinic’s door.