VENTURA : Court Upholds Guilt of Clinic Protesters

A panel of Ventura County Superior Court judges has upheld the Municipal Court convictions of three anti-abortion protesters who were found guilty of blocking the doors of a Ventura family planning clinic in 1989.

Catherine Jean Garziano, Loren Gregory Broyles and Raymundo Rodriguez Jr. were among 50 protesters who blockaded the entrance of the Family Planning Clinic on Telegraph Road on July 6, 1989.

Of the 17 people arrested that day, they were the only three who chose to plead not guilty under the so-called “necessity defense” to charges of obstructing a public passage and refusing to disperse.

While the other 14 pleaded no contest and were convicted of both counts, Garziano, Broyles and Rodriguez argued that they were justified in breaking the laws to prevent a greater harm or significant evil.

Municipal Judge Steven Hintz instructed the jurors that they could consider the necessity defense. But the jury rejected it and convicted the three protesters.

The Superior Court appellate panel in this case, composed of Judges Kenneth R. Yegan, Robert J. Soares and Barbara A. Lane, upheld the verdict Dec. 28, ruling that there was no harm involved because the California and U.S. Supreme Courts have deemed abortion legal.

The protesters were “breaking the law to prevent someone exercising their legal right,” said Deputy Dist. Atty. Michael D. Schwartz, who represented the state in the appeal.

The protesters’ attorney, Robert D. Silver of Ventura, said he plans to appeal the judges’ decision.