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Lifeline A Legal Network in Support of Life

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					Lifeline
                                                                                                        Vo l u m e X V I I I , n o . 1



                                                                                                        A Legal Network
                                                                                                        in Support of Life


           A     P U B L I C AT I O N     OF     THE      LIFE       LEGAL             DEFENSE              F O U N D AT I O N

                                                                                                            I n      T h I s         I s s u e
                                                                               Co l et t e Wi l s o n



  Pastor Convicted of Violating “Mother May I”                                                          1     Rev. hoye Trial
  Ordinance                                                                                             2     From the editor

  Walter Hoye is a pro-life Baptist pastor from Berkeley who feels a special
                                                                                                        3     20 Years of Defending Life
  calling to reach out to his fellow African-Americans to end the genocide-                             7     survivors on Trial
  by-abortion taking place in their communities. As part of his efforts, in
  2007 he began going out about once a week to stand in front of Family
  Planning Specialists, an Oakland abortion clinic where he would offer
                                                                                                        GE NErA L rECAP & UPDATE
  leaflets about abortion alternatives and hold a sign reading, “Jesus loves
  you and your baby. Let us help.” By all accounts, his demeanor was                                    roe v. Planned Parenthood (Ohio)—Civil
                                                                                                        action for damages and injunctive relief
  unfailingly friendly and low-key.
                                                                                                        filed against PP for performing abortion on
                                                                                                        fourteen-year-old girl in violation of Ohio law.
                                                                                                        Claims on behalf of girl and parents include
  Yet, there was something
                                                                                                        violation of parental notice and consent
  about his peaceful,
                                                                                                        statutes, informed consent statute, and law
  prayerful presence that                                                                               requiring reports in cases of suspected child
  enraged local abortion                                                                                abuse. PP’s motion to dismiss four of the
  enthusiasts, including the                                                                            claims was overruled, and PP unsuccessfully
  cadre of clinic escorts                                                                               appealed that decision. Plaintiffs proceeded
  who began showing up                                                                                  with discovery, seeking redacted records of
  to engage in a concerted                                                                              abortion on other minors. PP objected, but
                                                                                                        court ruled that records must be produced.
  effort to impede his
                                                                                                        PP appealed that decision to court of appeal,
  movement, block his sign,
                                                                                                        which reversed trial court. Supreme Court
  and drown out his quiet                                                                               granted petition for review. Oral arguments
  offers of assistance. When                                                                            were heard in October, and a decision is
  that did not deter Rev.                                                                               expected soon.
  Hoye, clinic management
  enlisted the help of LLDF attorneys, allison aranda, Mike Millen, and terry thompson with             Hoye v. Oakland—Federal constitutional
                                                                                                        challenge to Oakland “Mother May I”
  Oakland city council Walter and Lori Hoye at Oakland courthouse
                                                                                                        ordinance restricting speech outside abortion
  members to enact, on
                                                                                                        clinics. Following initial successful challenge,
  December 18, 2007, a “Mother-may-I” bubble-  “reproductive health care facility” in order             city passed amended ordinance, prompting
  zone ordinance applicable within a 100-foot  to offer literature, display a sign, or engage           a second challenge. City’s motion to dismiss
  radius of any Oakland abortion clinic. The   in “oral protest, education, or counseling,”             denied. Motions for summary judgment
  law makes it a crime to “approach within     without that person’s consent. Violators are             scheduled for June. (See related story
  eight feet of any person seeking to enter” a subject to a penalty of up to one year in jail           “Pastor Convicted,” this page.)
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     People v. Hoye (Oakland)—Criminal                   FrOM THE EDITOr                                                                        Da na Co d y
     prosecution arising from municipal “Mother
     May I” ordinance. See “Pastor Convicted,”
     page 1.)                                            This year LLDF is celebrating its twentieth year of
                                                         operations on behalf of the right to life. It is bittersweet
     Alabama v. Shaver et al. (ala.)—Pro-lifers
                                                         to reminisce about events that led to two decades of the
     arrested for trespassing on a public sidewalk
     outside Parker High School in Birmingham,           pursuit of the sanctity of human life. One the one hand, it
     alabama. nine activists were jailed overnight       saddens LLDF Founders and other LLDF Principals that the
     without food or water and some were
                                                         need for LLDF still exists; on the other hand we are honored
     shackled. When one pro-lifer asked the police
     “Isn’t this public property,” the officer replied   to have had the privilege to serve so many who have needed
     “not today it’s not.” In addition, the police       our services over the past twenty years.
     unlawfully seized and damaged the group’s
     van and confiscated their video equipment.
                                                         I’ve worked with LLDF since 1997 and              Former board member Steve Lopez
     Upon their release from custody the group
                                                         relatively speaking, I am still the “new kid on   anticipated the need for an organization like
     called on the police to return their property,
     including video of their activities, so they
                                                         the block.” For those of you newer to LLDF        LLDF because initially he was responsible for
     could prove their innocence. the police             than myself, let me name names among long-        enlisting the services of a number of attorneys,
     returned the van and the video equipment            time LLDF staff and board members—Mary            either directly or through others, in order to
     and apologized for their misconduct. as of          Riley, our administrative director, and Katie     handle the resulting caseload. These attorneys
     this writing, no formal charges have been           Short, our legal director, both of whom were      merit an honorable mention: Daniel Grimm,
     filed against the activists.                        part of founding LLDF, as were their families.    Michael Imfeld, Richard Murphy, John Streett,
                                                         John Streett, the Chairman of LLDF’s Board        Joseph Tomsic, Judith Tomsic, Mary Wynne,
     Logsdon v. Hains (Ohio)—Federal civil
     rights lawsuit for damages filed against
                                                         of Directors, and his wife Mimi, also were        Cyrus Zal, Andy Zepeda, and Rich Katerndahl,
     two Cincinnati police officers for arresting        key to founding LLDF. It is the sacrifice of      all of whom were experienced with pro-life
     sidewalk counselor at abortion clinic without       these individuals’ time and talents that have     activism of their own. When the demand for
     probable cause. Lower court dismissed               kept LLDF flourishing over the years. Each        attorney recruitment became a full-time job,
     based on qualified immunity, but Sixth Circuit      of these individuals still holds the position     Mary Riley, then Mary Maxson, was recruited
     reversed, holding that a prudent officer would      originally accepted, with the exception of        to coordinate attorney networking full-time.
     listen to witnesses on both sides, rather than
                                                         Mimi Streett. She was LLDF’s first Executive      It was Mary’s father, Ron Maxson, along with
     only listening to clinic employee and telling
                                                         Director and even though she no longer serves     Steve Lopez, who had the vision that led to
     pro-lifers to tell it to the jury. Defendants’
     petition for certiorari to the U.S. Supreme
                                                         in that capacity she continues to be a key part   the formal establishment of the organization
     Court denied. Case remanded for further             of LLDF.                                          now known as Life Legal Defense Foundation.
     proceedings in trial court. Discovery is                                                              LLDF was officially incorporated in 1989.
                                                         Although LLDF wasn’t established until 1989,
     proceeding.
                                                         the need for such an organization became          It was in 1997, after 8 years of the IRS refusing
     Moreno v. Los Gatos (Calif.)—Pro-lifers             apparent about 1987, which was the point in       LLDF tax-exempt status, that I was hired
     arrested for picketing and distributing             time when Operation Rescue, then an activist      as Executive Director. My first task was to
     literature on public sidewalk outside high          organization whose members engaged in acts        complete the process to obtain LLDF’s 501(c)
     school. Police told them they had to stay           of civil disobedience on quite a large scale,     (3) status. What immediately was impressive
     1,000 feet from the school. no charges filed.       needed legal assistance. The sheer numbers        about LLDF was that despite what many
     Complaint for civil rights violation filed. town
                                                         of arrests obviated the need for competent        of us considered to be harassment by the
     agreed to permanent injunction and payment
                                                         and dedicated attorneys who could represent       most powerful governmental organization
     of attorney fees. appeal filed re dismissal
     of state law causes of action. Victory! ninth
                                                         members of Operation Rescue. It was in            in existence, the LLDF Board of Directors,
     Circuit ruled that Plaintiffs are also entitled     that context that the mission of LLDF was         staff and volunteers were unwavering in their
     to statutory damages under state law. Case          conceived—to give innocent and helpless           mission. Even though LLDF faced a giant in
     settled for monetary damages and attorney           human beings of any age, and particularly to      the IRS, they were unwavering in their service
     fees.                                               the unborn, a trained and committed defense       to those in need of legal assistance. Everyone
                                                         against threat of death, and to support their     at LLDF understood that their work translated
     Fairbanks v. Planned Parenthood (Ohio)—
                                                         advocates in the courtrooms of our nation.1       into lives saved because advocates for the
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                                                                                                       Lawsuit filed alleging that PP violated Ohio
                                                                                                       law by their failure to report the sexual abuse
                                                                                                       of minors. the suit alleges that Fairbanks
  20 Years Defending Life —Mimi and John streett                                                       was brought to PP by her father, who had
                                                                                                       been sexually assaulting her since she
                                                                                                       was thirteen. He sought an abortion for his
  A tiny group banded together around a dining table in 1989, worried
                                                                                                       daughter at PP to cover up the sexual abuse
  about friends who needed lawyers to represent them after arrests outside                             and resulting pregnancy. although minor
  abortion clinics. As they put together a plan, they could not foresee                                attempted to tell PP personnel of abuse, they
                                                                                                       ignored her and failed to report, allowing
  that over the next 20 years they would be joined by scores of volunteer
                                                                                                       abuse to continue.
  attorneys and thousands of donors who also believed in the defense of
  life from conception through natural death.                                                          People v. Weimer (Jackson, Miss.)—Pro-life
                                                                                                       picketer convicted of local sign ordinance
                                                                                                       violation. appeal pending.

                                                                                                       People v. Lord, et al. (Calif.)—Pro-lifers
                                                       The “rescue” movement                           arrested for trespassing because they
                                                                                                       failed to comply with Columbia College’s
                                                       demonstrators blocked                           unconstitutional permit requirement requiring
                                                                                                       15-day advance registration. Once the
                                                       sidewalks and entryways to                      prosecution realized that the pro-lifers had
                                                                                                       a right to be on campus and exercise their
                                                       clinics in an effort to change                  free speech rights, they quickly changed
                                                                                                       the allegations against the group, instead
                                                       the decisions of at least some                  accusing them of causing a disturbance on
                                                                                                       a college campus. Victory! all defendants
                                                       pregnant women seeking                          acquitted in jury trial. (See ‘Survivors on
                                                                                                       trial’, p. 7).
                                                       abortion. For every woman
                                                                                                       St. John Church in the Wilderness v. Scott

  That group became Life Legal Defense
                                                       who turned back, the life of                    (Colo.)—Pro-lifers who picket church with
                                                                                                       abortion ties enjoined from demonstrating
  Foundation, the one-of-a-kind non-profit
                                                       one child was rescued.                          on all sidewalks in the vicinity of the church,
  known for taking individual cases that others                                                        because signs upset churchgoers. LLDF filed
  will not touch, especially cases that combine                                                        amicus brief in support of pro per defendants
  free-speech rights with pro-life witness in        or jail them for trespassing. The “rescue”        appeal and, at the request of the appellate
  public places.                                                                                       court, presented oral arguments. appellate
                                                     movement demonstrators blocked sidewalks
                                                                                                       court remanded case for further findings.
  At the heart of LLDF are John and Mimi             and entryways to clinics in an effort to change
  Streett, still active 20 years after they were     the decisions of at least some pregnant women     Aurora, Illinois—Multi-pronged attack on
  asked by pro-life leaders to find legal help for   seeking abortion. For every woman who turned      Planned Parenthood for lying its way to
  the many “rescuers” needing legal guidance or      back, the life of one child was rescued.          open an abortion “Mega-Mill” in aurora,
                                                                                                       the fastest-growing city in Illinois. Cecile
  courtroom representation.                          Many people—most still active today in some
                                                                                                       richards, CeO of Planned Parenthood
  Mimi has guided organization and helped            facet of pro-life work—served jail time as        Federation of america, recently wrote her
  find supporters, while John has served as          they brought attention to the cause and tried     supporters that aurora now represents
  president of the board of directors since the      to influence mothers to allow their unborn        “‘ground Zero’ in the national fight to protect
                                                     children to live.                                 reproductive freedom.” three different
  organization’s founding at their table.
                                                                                                       lawsuits attack Planned Parenthood and
  In the beginning, Mrs. Streett remembers,          Operation Rescue West Coast was organizing        compliant city officials for defamation, fraud,
  San Francisco Bay Area attorney Dan Grimm          demonstrations, but there was no plan for         violation of municipal zoning regulations,
  was almost single-handedly preparing pro-          defending people after arrest. Thus Life Legal    and civil rights violations. Court allowed two
                                                     was created.                                      counts of defamation claim to proceed, while
  life arrestees to go into court and represent
  themselves before judges who could release
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     dismissing four other counts. these counts          Ron Maxson, a pro-life leader, and Steve             When Roe was passed, he wondered how
     are now the subject of an interlocutory             Lopez, an attorney acting on behalf of pro-          the court could have “created a right out
     appeal. City and PP have filed motion to            lifers, appealed to Mimi and John for help.          of nothing.” Given the variety of political
     dismiss zoning challenge for failure to
                                                         Mimi was a natural organizer, and John was           responses among states, he observes that “if
     exhaust administrative remedies. Hearing
                                                         an attorney in private practice—the perfect          not for the courts, the abortion movement
     scheduled for april 24.
                                                         combination. With a core group of pro-life           would never, ever, have gotten close to this
     People v. Hunt (asheville, north Carolina)—         colleagues, the Streetts nurtured LLDF from          point.”
     Pro-lifers arrested at a-B tech College for         a small, all-volunteer start to its current status
                                                                                                              Mimi and John were introduced, both involved
     not complying with unconstitutional permit          as a respected force in the nation’s pro-life
     requirement. appeal filed following trial court                                                          in pro-life work, by a mutual friend involved
                                                         community.
     conviction.                                                                                              in both of the pro-life organizations in which
                                                         Life Legal now has a small professional staff        Mimi and John were involved with at the
     roethisberger v. Gwinnet County Georgia—            and an office in Napa. It raises funds year-         time.
     Driver of truth truck arrested and jailed.          round to support costs of representing clients
     Charges dismissed. Civil suit pending.                                                                   Although originally active in rescues
                                                         whose cases cover all life issues—defenders
     Victory! Monetary settlement for violation of                                                            outside clinics, Mimi channeled her efforts
                                                         of the unborn, the disabled, and the frail
     First amendment rights.                                                                                  into organizational work with LLDF while
                                                         elderly who oppose efforts to hasten death,
                                                                                                              expecting her second child. Outside clinics,
     Vivian Skovgard v. Pedro (Ohio)—Civil action        among others. Following the original model,
                                                                                                              “there was some physical violence—one of
     arising from unlawful arrests for trespass          attorneys volunteer to defend cases and court
                                                                                                              my friends had her back injured when a
     of two sidewalk counselors standing in the          fees and case expenses are paid by LLDF.
     public right-of-way. Discovery proceeding. trial                                                         pro-abortion protester purposely shoved and
                                                         Costs have steadily risen, and fundraising has
     set for January 2010.                                                                                    then sat on her. And many other rescuers
                                                         steadily continued.
                                                                                                              and counselors in California were screamed
     People v. Joanne Cox (Colorado)—Sidewalk            Mimi grew up Catholic in a pro-life family           at, followed, assaulted, and victimized by
     counselor charged with two incidents of             and graduated from South San Francisco               petty acts of vandalism. Does Mimi fear for
     violating Bubble Zone ordinance. Discovery
                                                         High School the year that Roe became law. “I         safety today? “There is a real possibility for
     reveals that, in at least one incident,
                                                         included the Supreme Court decision in my            persecution, especially if the Freedom of
     the “victims” were Planned Parenthood
     employees posing as patients. trial court
                                                         valedictory speech and talked about what a           Choice Act (FOCA) passes,” she says. “The
     judge recused himself because he had                horrific decision it was and how we needed to        government will know who we are.” But “we
     represented abortionist Warren Hern, and his        do something about it,” she recalls. Subsequent      know we will win in the end, though I wonder
     wife worked for Planned Parenthood. Charges         experiences with close friends whose health          if the kids growing up now will be tough
     in one incident dismissed, but jury convicted       suffered after legal abortions—including one         enough to carry on. I hope so.”
     on second charge.                                   who almost bled to death and others who
                                                                                                              As an attorney, John originally represented
                                                         later struggled with infertility—reinforced her
     Blythe v. Cypress College (Calif.)—Pro-lifers                                                            demonstrators arrested for trespass. As clinic
     arrested for trespassing on a public college
                                                         position, as did meeting a woman who had
                                                                                                              tactics changed, so did the legal response. “I
     campus for allegedly refusing to leave              had four abortions and later was able to have
                                                                                                              did a bit of criminal defense and got the best
     property not open to the general public. the        children. That mother’s living children made
                                                                                                              deals I could for clients.”
     prosecution dismissed all charges and the           real the finality of her previous decisions,
     judge found the pro-lifers “factually innocent”     “and she so regretted that. She became active        “That evolved into the need to defend people
     and ordered that all record of the arrests be       in rescues and was really able to help other         who were subject to preliminary injunctions.
     removed from their criminal records. Lawsuit
                                                         women.”                                              That gave way to a strategy employed by
     filed against college and police department
                                                                                                              Planned Parenthood, primarily, to sue
     for false arrest and civil rights violations. all   Meanwhile, John was making his way through
                                                                                                              everybody they could. That discouraged people
     parties are engaged in discovery. trial date        college and law school, guided by the pro-life
     has been set for May 11, 2009.                                                                           from being around clinics and from sidewalk
                                                         principles learned from his Catholic parents
                                                                                                              counseling.”
                                                         and convinced that “the unborn child was a
     Loebker v. John Doe (Ohio)—Long-time
     picketer’s signs were intentionally run over
                                                         child and that intentionally killing a child was     The work of Life Legal has been “first and
     by angry motorist. Suit for damages. Victory!       wrong. The church’s position on abortion,            foremost to provide defense, but in the last 10
     Case settled for damages.                           which goes back to the first century, was a          years there has also been an offense involved,”
                                                         logical conclusion of an objective reality.”         John says. “We can find lawyers to represent
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  people who want to bring plaintiff suits             abortion providers “to get more governmental         Condit v. John Doe (Ohio)—Pro-abortion
  against cities or school districts that have         funding allowing them to be more aggressive.         driver attempt to run over picketer. Lawsuit
  enacted restrictive bubble zones or have falsely     That would make the struggle more difficult.”        filed. “Doe” has been identified and named
                                                                                                            as defendant. Discovery is proceeding.
  arrested those who are legally present on public     Also problematic is the possibility of new laws
  property.” Such efforts by plaintiffs across the     that may forbid doctors, nurses, pharmacists         In re rivera (Fresno)—County assumes
  nation are “important because communities            and others in health care from following             conservatorship and immediately begins
  do not live in a vacuum. If they see they can’t      their consciences and opting out of legal            dehydration and starvation. after 8 days,
  steamroll people, they will think twice.”            procedures such as abortion. “We anticipate          LLDF intervened on behalf of family member
                                                       this is going to happen, and the potential for       and court ordered restoration of food
  In a victory for the “culture of life,” Life Legal                                                        and water. Family member appointed as
                                                       litigation could be tremendous. Surely people
                                                                                                            temporary and then permanent guardian.
                                                       are cognizant that professionals are not just
                                                       going to roll over.”                                 People v. Blythe et al. (Calif.)—Pro-lifers
                                                                                                            arrested for the third time on the campus
     “I also see us trying to do                       For 20 years, John says, the Life Legal team
                                                                                                            of Cypress College for refusing to stand in
                                                       has been “consistently available so that people
                                                                                                            the “free speech zone” located sufficiently
     more education to let the legal                   have some reliable place to turn.” The credit
                                                                                                            far away from the most traversed areas of
                                                       goes to “God; to a tremendous administrator,         campus to make contact with any students
     community know more about                         Mary Riley; and to really qualified people,”         virtually impossible. the prosecution
                                                       among them Executive Director Dana Cody,             dismissed all changes just moments before
     end-of-life situations, which
                                                       legal strategist Katie Short, and the many           the trial was set to begin. a third lawsuit has
                                                                                                            been filed against the college and the police
     will become a bigger issue                        volunteer attorneys who “are not getting rich
                                                       but who have a heart for pro-life work.”             department for false arrest and civil rights
                                                                                                            violations.
     going forward.”
                                                       The work is far from done. One of the
                                                       two men often given credit for persuading            White v. Laguna Beach (Calif.)—Pro-lifer
                                                       American leaders to legalize abortion is             arrested for blocking a public sidewalk in
                                                                                                            Laguna Beach. Victory! When the criminal
                                                       Bernard Nathanson, who now freely admits
                                                                                                            case went to trial, the police officer
                                                       that he made up statistics to support his
  represented the mother of Robert Wendland.                                                                brought photos that proved Mr. White was
                                                       pro-abortion argument. He was a keynote              not blocking any sidewalk and that other
  Robert was brain-damaged, but functional, yet
                                                       speaker at the annual LLDF dinner in 1997. He        members of the public were free to traverse
  his wife agreed with a hospital committee that
                                                       performed thousands of legal abortions but           the walkway undeterred. the court found Mr.
  he should not be fed. The case was won just
                                                       later had a complete conversion and is now a         White not guilty. a civil lawsuit for false arrest
  as Robert died naturally, setting precedent for                                                           and civil rights violations has been filed
                                                       pro-life activist. His early position, however,
  the care of disabled patients in California. This                                                         against the City and the officer who made the
                                                       illustrates what John calls “one of the scary
  case was also important because in similar                                                                unlawful arrest. Discovery is proceeding.
                                                       things about abortion, euthanasia and other
  situations, “it is often hard to get a grip on the
                                                       life issues. Most of the bad things are the result   Morr-Fitz v. Blagojevich et al. (Ill.)—
  case because the patient can die so quickly that
                                                       of very bright people being able to make bad         Pro-life pharmacists challenge Illinois code
  there is not time to mount a defense.”
                                                       things palatable. Say a big lie long enough, and     which requires pharmacies and pharmacy
  In future, John predicts that LLDF will “keep        people begin to believe it.                          owners to dispense Plan B and other forms
  doing what we are doing—responding to                                                                     of emergency contraceptives regardless
                                                       “Life Legal’s job is to keep fighting, to tell the   of conscience or religious beliefs. Case
  cases, including small cases, from abortion
                                                       truth, and to let God do the rest.” L                dismissed for lack of ripeness. appealed to
  to end-of-life cases, in which somebody cares
                                                                                                            Illinois Supreme Court, where LLDF assisted
  enough to ask for a lawyer.
                                                                                                            with amicus brief. Victory! Supreme Court
  “I also see us trying to do more education to                                                             reversed, holding that pharmacists’ claims
  let the legal community know more about                                                                   were ripe for adjudication. Case remanded for
                                                                                                            further proceedings.
  end-of-life situations, which will become a
  bigger issue going forward.”                                                                              Peopla v. Wright (La Plata County, Colo.)—
                                                                                                            Pro-lifer convicted for alleged assault and
  A huge potential challenge, John says, is that the
                                                                                                            trespass during first amendment activity at
  new “pro-abortion administration” will allow
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     Planned Parenthood Durango. Sentencing              unborn were still able to speak on behalf of       trying to stop state-funded human embryonic
     pending.                                            the unborn with assurance that if they needed      stem cell and cloning research.2
                                                         legal help it was there for the asking.
     Conrad v. City of San Bernardino, et al.                                                               Over the years, 4,097 attorneys, from all 50
     (Calif.)—Pro-lifers arrested by abortion clinic     Now, after twenty years, the assurance that        states, Australia, Canada, Spain, Puerto Rico,
     security guard for trespassing in the public        abortion opponents are able to speak their         and Colombia have joined LLDF efforts,
     parking lot behind the clinic. all criminal         beliefs without being intimidated by the legal     which represent millions of dollars in donated
     charges were dismissed because the pro-
                                                         process continues to be a considerable source of   attorney hours. While attorney-donated hours
     lifers had a right to be on public property
                                                         motivation for LLDF staff. Many of these cases     continue to be key to LLDF’s mission, LLDF
     and were not interfering with the business.
     Victory! case settled with monetary damages         are considered legally insignificant because       reached a milestone this year when they were
     and attorneys’ fees, and city is seeking input      legal precedent will not be set by litigating      able to hire staff attorney Allison Aranda
     from attorney re appropriate preventative           them. Even so, LLDF staff and volunteers keep      to handle criminal cases. No matter who is
     measures against further police misconduct.         their focus on the mission. Although virtually     working on behalf of LLDF, these cases are
                                                         no one else is willing to litigate these types     taken from the trial court all the way through
     People v. Cox, et al. (Calif.)—Pro-lifer forcibly
                                                         of cases, LLDF does because a person whose         the appeal process, if necessary.
     removed from Chaffey College campus and
                                                         liberty and/or civil rights are threatened does
     property unlawfully confiscated for simply                                                             LLDF attorneys are unrelenting in their defense
     walking into the campus police station              not have in mind the precedent-setting nature
                                                                                                            of the right to life. It is those who continue to
     and asking who made an order telling the            of their case. What they do have in mind is
                                                                                                            support us who have made this all possible.
     Survivors they could only stand in one              the lives lost to abortion because they cannot
                                                                                                            On behalf of our Board of Directors, staff and
     specific location on campus. When other             advocate for the unborn. It is that precise
                                                                                                            volunteers, we thank you for your trust and
     pro-lifers tried to find out what had happened      reason that LLDF continues to work to see
     to their friend, they too were arrested and                                                            confidence in LLDF. It is LLDF’s partnership
                                                         that every pro-life individual who needs a legal
     quickly ushered into a private room where                                                              with you that is reason to celebrate. We look
                                                         defense will get one.
     the police covered the windows so no one                                                               forward to the day when LLDF can celebrate
     could see what was happening inside. the            LLDF has evolved to include in its mission         because our organization is no longer needed.
     police threw one pro-lifer on a table and           the legal defense of all innocent life, from       1
                                                                                                               Operation rescue members were convinced
     vigorously frisked him removing everything
                                                         conception to natural death. It would be           that their duty as Christians was to peacefully,
     from his pockets. the police handcuffed the
                                                         remiss not to remember individuals like            prayerfully, and non-violently intervene between
     other pro-lifer in a dark bathroom with his
                                                         Robert Wendland and Terri Schindler Schiavo,       those who would abort their unborn children and
     hands locked to a metal bar above his head.
                                                         casualties of our death culture. It was Robert’s   the abortionist’s knife. Despite unjust and harsh
     two of the boys were held in jail for more
                                                         case that initially prompted LLDF to include in    treatment, in direct contradiction to established
     than three days before being released on
                                                                                                            law, and despite media assertions to the contrary,
     bail. all three now face charges of causing a       its mission cases where individuals’ deaths were
                                                                                                            there was not a single documented instance of
     disturbance on campus, resisting arrest, and        being hastened by removal of life-sustaining
                                                                                                            a rescuer committing a violent act of any kind
     eavesdropping. Victory! the appellate court         treatment. While LLDF was privileged to
                                                                                                            toward a police officer or a pro-abortion protestor.
     threw out the unlawfully seized property,
                                                         help fund the Wendland and Schiavo cases
     resulting in the dismissal of six charges. trial
                                                         rather than to litigate them, since Wendland,      2
                                                                                                              Somatic Cell nuclear transfer was the method
     pending.
                                                         LLDF has been involved in both litigating and      used to clone Dolly the Sheep and this methodology
                                                         funding many other similar cases with life-        is funded pursuant to Proposition 71, which
     People v. Guengerich, et al. (Calif.)—
                                                         saving results.                                    created California’s Institute for regenerative
     Pro-lifers arrested for causing a campus
                                                                                                            Medicine.
     disturbance at Los angeles City College.
                                                         At any one time, the organization’s average
     the alleged disturbance consisted of five
                                                                                                            [the editor wishes to acknowledge Steve Lopez for
     individuals peacefully holding signs and            caseload of twenty or more cases includes life-
                                                                                                            his contribution in documenting the chronology of
     handing out literature on a public college          related cases that challenge unconstitutional      events described herein.—ed.]
     campus. the event was captured on video             laws, protect the sick and disabled from
     and will be used to defend the group against        euthanasia and ill-treatment, protect sidewalk         L
     these frivolous charges. a hearing at the L.a.      counselors from harassment, preserve free-
     City attorney’s office is scheduled for March
                                                         speech access at government schools and college
     11, 2009 to determine whether or not formal
                                                         campuses, protect pregnancy care centers,
     charges will be filed against the group of
                                                         fight oppressive lawsuits, and prevent unlawful
     activists.
                                                         arrests. LLDF has also been involved with
     (rECAP COnt’D On Page 7)




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                                                                                                       (rECAP COnt’D FrOM Page 6)

                                                                                                       People v. Colantuono, et al. (Calif.)—
                                                                                                       Pro-lifers arrested for trespassing on a
                                                                                                       public college campus. College of alameda
  survivors On Trial: Literally & Figuratively                                                         administrators told the police that they
                                                                                                       did not approve of the Survivors signs and
                                                                                                       literature and therefore they wanted the
  In the last issue of Lifeline, we introduced you to
                                                                                                       group removed from the campus. three
  Allison Aranda, LLDF’s new staff attorney. This is just                                              activists spent twelve hours in jail before
  one example of what your support is doing to save                                                    being released. Victory! When the case
                                                                                                       arrived at the desk of the alameda County
  lives on college campuses, thanks to Ms. Aranda’s
                                                                                                       District attorney’s office, the case was
  fine work. read what her clients have to say as well                                                 rejected and no formal charges were filed.
  as her account of the trial in People v. Lord.
                                                                                                       People v. Wiechec (Denver)—Pro-lifer
                                                                                                       arrested for disrupting an lawful assembly by
  It’s a new semester for Campus Life Tours               The video showed the Survivors quietly
                                                                                                       protesting at a rally opposing the Colorado
  and next Tuesday, September 9th [2008] will             standing along a 15-foot sidewalk,
                                                                                                       Personhood amendment held on steps of
  be the first day of visiting schools for a new          peacefully handing out literature to the     state capitol. Victory! Charges dismissed
  team of young people. No one knows what                 few students who actually passed by.         after pro-abort governor subpoenaed to
  this semester holds, but most likely there will         Nobody was yelling and nobody was            testify about unconstitutional application of
  be schools with unconstitutional policies who           blocking the sidewalk; in fact, the group    the law against pro-lifers but not against pro-
  will try to silence the message of life. One            looked a little bored at times. I thought    abortionists. L
  such incident took place in February of 2007            there must have been a mistake.
  in the quiet community of Sonora, California
                                                          After speaking with the Tuolumne
  where three Campus Life team members were
                                                          County District Attorney and reviewing
  arrested at Columbia College. Allison Aranda,
                                                          the police reports, I soon learned
  the Life Legal attorney representing those of us
                                                          exactly why this case was going forward.
  arrested, did a tremendous job in our defense
                                                          Columbia College had a free speech
  and the case was finally resolved last month,
                                                          policy that required groups to apply for
  eighteen months after the arrest.                                                                       “For twenty years, Life Legal
                                                          a permit at least 15 business days before
                                                                                                           Defense Foundation has
  The following is a report from Allison on the           their desired event. Since the Survivors
  trial:                                                  know that a 15-day waiting period                excelled at empowering those
                                                          to exercise your free speech rights is           who speak for our society’s
      When I was first asked to take on
                                                          unconstitutional, they refused to comply         most vulnerable: unborn human
      this case, I was more than eager to
                                                          with the policy. The school decided to           life. Their extensive expertise
      defend the good work of the Survivors.
                                                          have the group arrested for trespassing
      The campus life team is made up of                                                                   and impressive history of
                                                          and removed from the campus.
      passionate activists who sacrifice their                                                             success have increased legal
      time and set personal ambitions aside               Well, when the D.A. got the police
                                                                                                           protection for the unborn and
      to speak the truth about the horror of              report he immediately recognized that
                                                                                                           kept the public square open to
      abortion. The group is so professional              failure to comply with the school policy
      and courteous that I wondered what on               just simply wasn’t a crime. The college          the pro-life message. We are
      earth they could be accused of doing                needed something more to make the                proud to partner with such a
      wrong. When I learned that the group                charges stick. So, in February 2008,             tremendous group of committed
      was charged with causing a physical                 nearly a year after the arrest, the school       professionals.”
      disruption on the campus of Columbia                came up with a new strategy. They
                                                                                                          —Denise M. Burke, esq. Vice President of
      College, I was shocked. When I watched              claimed that the group was “disrupting
                                                                                                           Legal affairs, americans United for Life
      the video of the event, I was even more             the campus.” Unfortunately, they did
      shocked! During the nearly two hour                 not know that the word “disrupt” has a
      event, not more than a dozen students               special legal meaning and nothing that
      even interacted with the group at all.              the Survivors were doing on campus
                                                                       (ON TrIAL COnt’D On Page 11)




                                                                                                                                                     7
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                                                      (HOYES COnt’D FrOM Page 1)
             IN MEMOrIAM
                                                      and/or a $2,000 fine for each offense. Life          matter was set for trial. A jury was impaneled
                                                      Legal Defense Foundation immediately filed           during the week after Christmas, and the
       FRAnCIs J. huGhes                              a federal lawsuit challenging the ordinance as       prosecution began putting on its case January
         (1949–2008)                                  unconstitutional on its face. That case is still     5. Unbeknownst to the prosecution, defense
                                                      pending at the trial level.                          attorneys had in their possession a complete
                         LLDF mourns the                                                                   video record of Rev. Hoye’s time outside the
                                                      The ordinance1 was modeled after a law passed
                         passing of Frank                                                                  clinic on both days he was accused of having
                                                      in the 1990s by the Colorado state legislature,
                         Hughes, one of LLDF’s                                                             violated the law. Until the videotapes were
                                                      which the U.S. Supreme Court upheld as
                         earliest “defenders of                                                            offered as impeachment evidence, prosecution
                         the defenders of life.”      constitutional in Hill v. Colorado, 530 U.S. 703
                                                                                                           witnesses were remarkably creative in
                         Frank’s irrepressible        (2000). (See Lifeline Fall 2000 article by Mike
                                                                                                           conjuring up phantom patients whom Rev.
                         wit and unflappable          Millen, discussing the case.)
                                                                                                           Hoye had supposedly harassed, as well as in
                         demeanor made him a
                                                      Guided by LLDF attorneys and based on                claiming he had threatened two escorts and
     joy to work with and a source of frustration
     to the opposition. Below are one client’s        what the Supreme Court in Hill had held was          the clinic director.
     memories of Frank:                               permissible under such an ordinance, Rev.
                                                                                                           The most egregious of such false testimony
                                                      Hoye continued his weekly vigils in front of
     I wish I could adequately explain the great                                                           came from the first witness, clinic director
                                                      the Oakland abortion clinic. Often, a team of
     privilege it was to meet and be defended by                                                           Jackie Barbic, who claimed that she had
     Frank Hughes.
                                                      as many as four clinic escorts would encircle
                                                                                                           watched from a window as Rev. Hoye
                                                      Rev. Hoye, holding large sheets of blank
     I was part of a group of sidewalk counselors                                                          approached within a few feet of six to eight
                                                      cardboard in front of his sign and always
     who gathered weekly at Planned Parenthood                                                             patients, including one who had put up her
                                                      interposing themselves between the pastor and
     in Sunnyvale to pray and offer alternatives                                                           hands to fend him off. She described how
                                                      any woman who might be headed towards the
     to women. We had been served papers to                                                                she then went outside with a tape measure
     appear in court. the primary charge (as I
                                                      clinic. On May 13, 2008, still infuriated by his
                                                                                                           to demonstrate to him what eight feet looked
     recall) was that we had caused PP tens of        weekly prayerful presence, clinic personnel
                                                                                                           like. According to Barbic, Rev. Hoye then
     thousands of dollars in lost business.           summoned the police and insisted that Rev.
                                                                                                           began approaching her, with a “smirk” on his
                                                      Hoye be arrested for supposedly having
     While that was music to my ears it would                                                              face, all the while she was backing away, saying,
                                                      violated the ordinance. One of the witnesses
     take a very sharp mind to defend us. this is                                                          “Stay away from me! Back away!” with her
     where Frank Hughes enters the picture.           against him was an Oakland City Attorney,
                                                                                                           hands held up to protect herself. During her
                                                      who had been clandestinely watching for
     the first time we met as a group we at once                                                           testimony, her voice choked with emotion as
                                                      hours from her car parked across the street.
     realized that we were in very good hands.                                                             she described how fearful and intimidated she
                                                      The District Attorney later filed a four-count
     Frank sat down, put his laptop on the table,                                                          was. On cross-examination, Ms. Barbic and
                                                      complaint based on purported incidents of
     then asked us to join hands in prayer. I                                                              the jury were shown the video of this incident.
     quickly realized that Frank prayed before        April 29 and May 13, 2008, listing two charges
                                                                                                           The video showed Ms. Barbic approaching
     he did anything. a week later we went to a       of allegedly “unlawful” approaches and two
                                                                                                           Rev. Hoye and pointing a tape measure at
     preliminary meeting before the judge.            charges of allegedly using “force, threat of
                                                                                                           him—and Rev. Hoye standing still. She could
                                                      force, or physical obstruction” against clinic
     Our opposition was asking for an injunction                                                           be seen lecturing him and then talking to
                                                      escorts. Despite the fact that these escorts later
     to be put in place even before the case                                                               others standing outside, while Rev. Hoye
     was heard. It was not necessary for us to        admitted at a pre-trial hearing that Rev. Hoye
                                                                                                           walked away. A few minutes later, the same
     be there but Frank believed it would help if     had never used force, threatened, or blocked
                                                                                                           scene played out again, with Ms. Barbic again
     the judge had a chance to see us. We met         them, the District Attorney refused to drop
                                                                                                           pointing the tape measure at Rev. Hoye and
     at Frank’s office and ran to the courthouse      the charges.
     soon after. We had been so preoccupied                                                                him moving down the sidewalk in a different
     with the incidentals that we nearly forgot to    At a readiness hearing on December 12, 2008,         direction. When Ms. Barbic was asked if either
     pray. But not Frank! On the elevator on the      the D.A. demanded that Rev. Hoye plead               of these was the incident she was talking
     way up Frank said, “let us pray”. We joined      guilty to one misdemeanor count and agree            about, she immediately responded that they
     hands once again and asked the good Lord         to stay away from the abortion clinic for            were not—that there was a third incident with
     for guidance.                                    an unspecified period of time in exchange            a tape measure that occurred later. There was,
     the judge asked if Frank wanted to speak         for dismissing the other three charges. Rev.         of course, no third incident, as the remaining
     (this was unusual for this type of hearing).     Hoye refused this “generous” offer, and the          video of the morning showed. Ms. Barbic’s
     Frank took advantage of the opportunity and                                                                        (HOYE COnt’D On Page neXt Page)
                         (HUGHES COnt’D On Page 11)



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                                                                                                                C A L E N D A r : M AY 2
  other testimony was also contradicted in            approached Rev. Hoye to take up a position
  virtually every particular by the video or,         directly in front of him, or to one side, in order
  surprisingly, by other prosecution witnesses.       to hold a blank sign in front of his. When           Banking on Life:
  After the existence of the videotape was
                                                      asked why she did not stay away from Rev.            Bringing together leaders and
                                                      Hoye if she felt intimidated, she replied that it    experts in the field of cord
                                                      was more important, “to prevent women from
                                                                                                           blood stem cell research
                                                      seeing what is on his sign.” Indeed, the escort
                                                                                                           and regenerative medicine
     They freely acknowledged that                    witnesses were unanimous on this point: that
                                                      the job of an escort is to prevent women
     the message on the sign was,                     from reading Rev. Hoye’s sign or hearing his
                                                                                                           Cutting edge leaders from around the world,
                                                                                                           in the field of umbilical cord blood stem cell
                                                      message. They freely acknowledged that the
     “Jesus loves you and your baby.                  message on the sign was, “Jesus loves you and
                                                                                                           research and regenerative medicine, will join
                                                                                                           us to promote, inform and educate attendees
                                                      your baby. Let us help,” and that what Rev.
     Let us help,” and that what                                                                           on up to the minute successes and advances
                                                      Hoye would say to women was, “Can I talk to          in cord blood research. these key voices will
     Rev. Hoye would say to women                     you for a minute about alternatives?” In their       convene to share information that will shape
                                                      view, such messages were “harassing” and             the future direction of progress in cord blood
     was, “Can I talk to you for a                    “intimidating” and required their efforts to         banking and advances in ethical stem cell
                                                                                                           patient treatments using cord blood.
                                                      make sure women did not see or hear them.
     minute about alternatives?”
                                                      Despite initial vehement objections from the         Life Legal Defense Foundation joins other
                                                      D.A. demanding that the videotape be kept            organizations to partner with the Center for
                                                                                                           Bioethics and Culture network, to hold this
                                                      out, the judge ultimately allowed the jury to
                                                                                                           important one-day conference May 2, 2009
                                                      see the entirety of the videotape from the two
                                                                                                           at the Sheraton gateway San Francisco
  revealed to the prosecution, there were no          dates in question. The lengthy footage was so        airport Hotel.
  more claims that Rev. Hoye had made any             uneventful, even the judge was seen dozing
  threatening gestures towards anyone, although       off at one point, along with at least one of the     CMe and CeU available for physicians and
  escorts did claim there were more approaches        jurors.                                              nurses.
  to phantom patients. One escort claimed she
                                                      So, naturally, Rev. Hoye was acquitted of all        For more information please visit:
  felt intimidated when she saw Ms. Barbic
                                                      charges, right? Wrong! The jury acquitted            http://www.cbc-network.org/
  approach Rev. Hoye with the tape measure and                                                             bankingonlife/
                                                      Rev. Hoye on only one charge—the remaining
  tell him to back off, and, “Walter didn’t move.
                                                      count of harassing a clinic escort—and found
  He just stood there.” In this escort’s mind, the                                                          L
                                                      him guilty of “harassing” two individuals
  law required Rev. Hoye to back away from the
                                                      seeking access to the abortion clinic. How was
  clinic director, and the fact that he didn’t do
                                                      that even possible?
  so was perceived by her as very intimidating.
  Or so she testified. Upon cross-examination,        First, it must be borne in mind that the
  it was revealed that she had never mentioned        Oakland ordinance takes a very expansive
  this to the police or the District Attorney until   view of what counts as “harassment,” defining
  after charges had been filed. In other words,       essentially any effort to communicate—
  the D.A. first filed the charges naming her as      whether by offering a pamphlet, holding a
  a victim, then went desperately searching for       sign, or speaking aloud—as “harassment,” if it
  evidence to back it up. (The court dismissed        is done within eight feet of anyone entering or
  this particular charge at the close of the          exiting an abortion clinic.
  prosecution’s case.) According to another clinic
                                                      Second, notwithstanding the ordinance’s own
  escort who testified, she felt “creepy” when
                                                      caveat that nothing in it “shall be construed to
  Rev. Hoye spoke to her, warning her not to trip
                                                      prohibit any expressive conduct” protected by
  on the curb after she had stepped in front of
                                                      the First Amendment, and notwithstanding
  him to cover up his sign. Both her testimony
                                                      the Supreme Court’s extensive discussion on
  and the video confirmed that she repeatedly
                                                                           (HOYE COnt’D On Page 10)                         (rECAP COnt’D On Page 4)




                                                                                                                                                        9
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                                                        (HOYE COnt’D FrOM Page 9)
             IN MEMOrIAM
                                                        how such an ordinance must be interpreted in       that as a violation! Jurors did not agree among
                                                        order to pass constitutional muster, the trial     themselves as to what Rev. Hoye had done to
                LOuIe JOhn                              judge refused to instruct the jury in any way      violate the ordinance, nor did the judge require
                 GARIBALDI                              as to how this ordinance must be interpreted.      them to. No one cared that these perceived

               (1925–2008)                              Judge Stuart Hing denied all such requests for
                                                        jury instructions made by LLDF attorneys.
                                                                                                           victims never complained to anyone about
                                                                                                           Rev. Hoye’s conduct; the jury was allowed to
                                                        On such basic questions as, “What constitutes      use its own judgment as to what constituted a
                         a wonderful friend of
                                                        an ‘approach’?” or “Does ‘consent’ mean the        criminal violation by Rev. Hoye from merely
                         LLDF and a champion for
                         the unborn, Louie John         person seeking to communicate has to first         watching the video.
                         garibaldi, recently went to
                                                                                                           For this, Rev. Hoye is facing possibly two years
                         be with the Lord. He died
                                                                                                           in prison and a $4,000 fine!
                         on December 16, 2008
                         at the age of 83. Louie          “This is a miscarriage of justice,               Allison Aranda, LLDF staff counsel who
                         is survived by his pro-life                                                       defended Rev. Hoye throughout the trial
     activist wife Jeannette, seven children, eight
                                                          and we will appeal this verdict,” she
                                                                                                           along with volunteer LLDF attorney Mike
     grandchildren and three great grandchildren.
                                                          said. “After speaking with several               Millen and LLDF Legal Director Katie Short,
     Louie was a man of action. a retired San                                                              was flabbergasted by the results. “This is a
                                                          jurors after the verdict was read, it
     Francisco firefighter and a World War II                                                              miscarriage of justice, and we will appeal this
     veteran, he put the same dedication into             is clear that the court’s failure and            verdict,” she said. “After speaking with several
     fighting for the unborn as he did in fighting                                                         jurors after the verdict was read, it is clear
     fires. For many years he was on the                  outright refusal to instruct the jury            that the court’s failure and outright refusal to
     public streets and sidewalks with his wife,
                                                                                                           instruct the jury regarding the key elements of
     Jeannette, in front of the abortion mills in         regarding the key elements of the
                                                                                                           the crime led to the erroneous conviction of
     redwood City, Daly City, Menlo Park, and
     San Mateo, trying to save babies from death          crime led to the erroneous conviction            Rev. Hoye.” LLDF attorneys plan to challenge
     and to save their mothers from a lifetime                                                             the constitutionality of the ordinance, as well
     of regret. He was not afraid to confront
                                                          of Rev. Hoye.”                                   as the prosecution’s failure to meet its burden
     the enemy and was willing to take the                                                                 of proof.
     consequences. (LLDF board member terry
     thompson represented Louie when he was
                                                                                                           Although stunned and dismayed by the jury’s
     sued by Planned Parenthood.)                                                                          verdict on January 15, 2009, Rev. Hoye said,
                                                        obtain permission or does it mean he is free
                                                                                                           “It’s Martin Luther King, Jr.’s birthday again,
     Louie was also a very good letter writer. He
                                                        to communicate until the person tells him to
                                                                                                           and I can still hear his words in my heart: “The
     regularly wrote letters to the editors of the      ‘go away,’” the jury received no guidance. Nor
                                                                                                           Negro cannot win as long as he is willing to
     local papers and they were published. the          was it explained whether, if one simply stands
                                                                                                           sacrifice the lives of his children for comfort
     subject of ninety percent of his letters was       in place and holds out one’s hand to offer
                                                                                                           and safety.’”
     abortion. He was determined to educate the         literature as a person walks by, that counts
     public to the terrible reality of abortion. His    as an “approach.” The Supreme Court in Hill        Following the verdict, Judge Hing contemplated
     letters were pithy, to the point and from the                                                         immediately taking Rev. Hoye into custody
                                                        held that it could not—this jury decided that
     heart. they were readable and convicting. no
                                                        it did.                                            and sentencing him the following day. Defense
     one will know how many babies Louie saved
                                                                                                           counsel objected and dissuaded the judge from
     just from these letters.                           Thus, the jury was left without any navigational
                                                                                                           remanding Rev. Hoye to custody that day,
                                                        device while sailing in dangerously
     Louie loved his family, his Italian heritage and                                                      based on his promise to stay at least 100 yards
                                                        unconstitutional waters. When they pored
     he loved a good story. He had a great sense                                                           away from the abortion clinic while awaiting
     of humor and he always had a new story for
                                                        over the videotape during deliberations, jury
                                                                                                           sentencing so that Rev. Hoye’s attorneys could
     his friends. LLDF and the pro-life community       members (most of whom were highly educated,
                                                                                                           draft several post-trial motions and prepare
     will miss Louie. He was a wonderful man.           by the way) took a hyper-technical approach,
                                                                                                           for the hearing.
     the good news is that when we see him              reaching absurd results. For example, some
     again in heaven there is no doubt that Louie       noticed on the video that Rev. Hoye, while         At the February 19, 2009 sentencing hearing the
     will have a new story for us! L                    holding his sign, turned slightly towards the      District Attorney recommended two possible
                                                        UPS man as he entered the clinic and counted       sentences for Rev. Hoye. The first being 3 years
                                                                                                                             (HOYE COnt’D On BaCk Page)




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  (ON TrIAL COnt’D FrOM Page 7)                                                                      (HUGHES COnt’D FrOM Page 8)

      remotely comes close to constituting a           recognize the inherent risk, but are not      the Holy Spirit provided the inspiration. I
      “legal disruption.”                              dissuaded or discouraged and they never       have never seen anything so eloquent, even
                                                       give up. They are willing to lay down         on tV courtroom dramas. the following day
      The D.A. admitted that his case was                                                            was a Saturday, Frank called to tell me he
                                                       their reputations, their freedom, their
      weak, but because of the highly political                                                      had heard from the judge who decided he
                                                       lives for the sake of speaking the truth
      nature of the case, it was better for                                                          would have to look at the property that was
                                                       and standing up for the voiceless in our      in dispute.
      his office to take the case to trial and
                                                       society.
      let twelve members of the community                                                            Frank was as excited as I was when the judge
      “judge” the Survivors. After a year and a        I am honored to stand up for them and         said there was no need for an injunction or a
      half, the Survivors got their day in court.      defend them in a court of law anytime         buffer zone.
      After listening to two solid days of lies,       and anywhere. God was honored by
                                                                                                     It is a very rare occurrence when PP does
      speculation, hearsay by the prosecution’s        their courage and protected them              not prevail but Frank Hughes did it with such
      witnesses—all of whom were coached               throughout this entire ordeal. In fact, He    grace. We returned to prayer at the same
      from the audience by the Columbia                placed a special person on the jury who       location with a real appreciation for those
      College civil attorney, the Survivors took       championed the truth in the deliberation      who make it possible for us to exercise our
      the stand and they told the truth. Their         room and hopes to work with the               constitutional rights.
      testimony was corroborated by three              Survivors in the future. Although we          thank god for this faithful servant and for
      members of the local community who               are never certain how these matters will      LLDF who made it possible.
      endeared themselves to the jury.                 turn out in the end, we are guaranteed
                                                       one thing—God will see us through and
      The nail in the coffin so to speak was the
                                                       work all things to His glory. That, my
      video itself. Without physical proof of
                                                       friends, is exactly what He did here!         LIFELINE MISSION STATEMENT
      what transpired that day, the jury would
      be left to decide a case of he said/she said.    A juror commented after the trial: “I
                                                                                                     the mission of Life Legal Defense Foundation
      Under those circumstances, it is rare that       truly believe in what you and your group
                                                                                                     is to give innocent and helpless human beings
      a jury believes the person(s) accused of         are doing. While serving as a juror on
                                                                                                     of any age, and particularly unborn children,
      committing the crime. Situations like            this trial, I have learned more about         a trained and committed defense against
      this underscore the need and the vital           freedoms then I ever knew. Your cause is      the threat of death, and to support their
      importance of videotaping and tape               something that I would really like to         advocates in the courtrooms of our nation.
      recording events while the campus life           become a part of. Up in the Sonora area
      team is on tour.                                 we don’t really have anything to put the
                                                                                                     LIFELINE EDITOrIAL POLICY
                                                       word out there on abortion and we need
      So, seven days after we began selecting
                                                       it. If you ever feel like coming back this
      the twelve-member jury, they returned                                                          the purpose of LLDF is set forth in our
                                                       way, I would like to help in any way I can.
      a unanimously just verdict—NOT                                                                 mission statement above. to that end,
                                                       I am a pretty good sign holder. In my
      GUILTY!                                                                                        Lifeline welcomes all ideas, opinions,
                                                       heart I knew what was right. God Bless
                                                                                                     research and comments, and all religious
      I am constantly amazed how God uses              You and your team and all the Survivors.”
                                                                                                     and political points of view, so long as not
      these trials, literal and spiritual, not only        L                                         seen to be clearly divisive, and so long as
      to shape our character but to bring honor                                                      fundamentally based upon the twin pillars of
      and glory to Him. It hit me, right smack                                                       truth and charity.
      in the middle of closing argument—the
      Survivors is no ordinary group of young
                                                                                                     ON THE WEB
      people. These are courageous men and
      women who are threatened by school
      administrators, falsely arrested by police                                                     Life Legal November 2008 Banquet
      officers, and sometimes even physically                                                        Please see article and pictures with the rest
      attacked simply because passersby                                                              of Lifeline at:
      disagree with the message they share. And                                                      http://lldf.org/newsletter.htm
      yet, they refuse to be bullied, coerced, or
      silenced from speaking the truth. They
                                                                                                     www.lldf.org

                                                                                                                                              11
LL_Spring_09_v3.indd 11                                                                                                                  3/13/09 12:06:51 PM
     Lifeline SPrING 2009


                                                            LIFE LEGAL
           BOArD OF DIrECTOrS                                                                                                                     nonprofit Org.
                                                            DEFENSE FOUNDATION
                                                            P.O. Box 2105                                                                         U.S. Postage
        John Streett, Esq. Chairman—Novato
                                                            Napa, California 94558                                                                     PAID
        Dana Cody, Esq. executive Director—Sacramento
                                                            (707) 224-6675                                                                        Brainerd, Mn
        Catherine Short, Esq. Legal Director                                                                                                      Permit nº 472
        Allison K. Aranda, Esq. Staff Counsel
        Nikolas Nikas, Esq.—Scottsdale, Ariz.               Address Services Requested

        Terry Thompson, Esq.—Alamo
        Anthony Wynne, J.D.—Palo Alto
        Colette Wilson, Esq.—San Diego
        Mary riley, administrative Director


           BOArD OF ADVISOrS

        The Hon. Steve Baldwin
        Washington, D.C.
        (Former Member, California State Assembly)
        The rev. Michael r. Carey, O.P., J.D.
        Colorado
        Daniel Cathcart, Esq.
        Los Angeles
        The Hon. William P. Clark
        Paso Robles                                         (HOYE COnt’D FrOM Page 10)
        raymond Dennehy, Ph.D.
        San Francisco                                       probation, a $130 restitution fine, and an order prohibiting Rev. Hoye from coming within 100
        The rev. Joseph D. Fessio, S.J.
                                                            yards of the abortion clinic at 200 Webster Street. Alternatively, if Rev. Hoye refused to agree to
        San Francisco                                       the stay-away order, the District Attorney requested that the court put Rev. Hoye in jail for the
        The Hon. ray Haynes                                 maximum sentence of 2 years. Initially, the Judge was inclined to go along with the prosecutor’s
        California Senate                                   first option, but when the court learned that Rev. Hoye would not agree to the stay-away order, the
        The Hon. Howard Kaloogian                           Judge sentenced Rev. Hoye to 1) 30 days jail time, which could be served in an alternative program,
        San Diego                                           2) a $130 restitution fine, and, 3) half of the statutorily-authorized fine of $2,000, for at total fine
        (Former Member, California State Assembly)          of $1,130. Additionally, the Judge put Rev. Hoye on probation for 3 years and as a condition of
        David Llewellyn, Esq.                               probation, he required Rev. Hoye to continue to abide by the 100 foot stay-away order.
        Sacramento
        Anne J. O’Connor, Esq.                              Rev. Hoye told the Court that he would follow the law as it is being applied by Oakland officials
        New Jersey                                          while on probation, however, he would not accept probation if it included an order to stay away
        Charles E. rice, Esq.                               from the clinic all together. Rev. Hoye expressed his desire to simply pay his debt to society and
        South Bend, Indiana                                 be free to return to the clinic rather than being placed on probation. Despite Rev. Hoye’s refusal
        The Hon. Christopher H. Smith                       to accept the Judge’s probation offer, and even after the pleas of Rev. Hoye’s attorneys, who
        U.S. Congress                                       explained that probation is a contract, and in order to have an enforceable contract there must be
        Honorary Member
                                                            an acceptance of the offer made, the Judge insisted that the D.A. draw up Rev. Hoye’s probation
        Ben Stein, Esq.                                     agreement as pronounced. The Judge then set another hearing on March 20, 2009 in this matter, so that
        West Hollywood
                                                            Rev. Hoye’s attorneys can prepare their notice of appeal and file a request for stay pending appeal.
        Andrew Zepeda, Esq.
        Beverly Hills                                       The Judge then set another hearing on March 20, 2009 in this matter, so that Rev. Hoye’s attorneys
                                                            can prepare their notice of appeal and file a request for stay pending appeal.

                                                            LLDF attorneys are now researching and briefing the issues to be discussed at the hearing,
                                                            including the right of a defendant to decline probation, which right appears well-established in
                                                            California law. Also, California law guarantees the right of Rev. Hoye to be free on bail pending
                                                            appeal, with only those conditions related to “public safety.” So for now, Rev. Hoye continues to
     editor . . . . . . . . . . . . . . . . . . Dana Cody
     Production . . . . . . . . . . . John O’rourke         enjoy at least limited liberty.
     Design . . . . . kelly Connelly Design+Print           1 http://bpc.iserver.net/codes/oakland/_Data/tItLe08/, then scroll down to Chapter 8.52, “access to
     Printing. . . . . . . . . . . . . . . . J&M Printing   reproductive Health Care Facilities”




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