by the Right to Fight Support Committee
January 2, 2001 was the opening day of the trial for Dr. James Pendergraft, and many supporters for Dr. Pendergraft came to stand with him on his first day in court. The National Organization for Women organized several chapters from different cities in Florida to come to Ocala, including a student chapter from Gainesville. Other representatives from the Right to Fight defense committee for Dr. Pendergraft were also present, which included members from the Washington DC area and a member of Refuse & Resist!
The first day was dedicated to jury selection. The motion to move the trial out of Ocala, because they did not feel they would get a fair trial, was denied. Imagine, trying to pick a jury in a small town that asked Dr. P to reconsider his decision to open his clinic in the first place, and when that didn't work, mailed him 1000's of threatening and mean-spirited letters from members of very well organized anti-abortion churches. A town that has an African-American population of 20% and out of 3 dozen potential jurors, there was only one black person. The judge did not allow the defense attorneys to be a part of the direct questioning of the jurors, and only included some of their questions in selecting the jury. The judge walked lightly around the abortion question, saying that Dr. P practiced "reproductive health care," and occasionally did abortions! He instructed the jury that the case was not about abortion. A jury was selected by the end of the day, with 9 women, 5 men (one is a black man). Of the jurors who were excused, one used to work for the National Security Agency, one was a pastor, six openly said they could not be fair because of their views on abortion, and another four, after a while, finally admitted that they directly participated or their church participates in the yearly anti-abortion event called the Life Chain. This is an event that takes place every year across the country, where many anti-abortion churches organize their members to stand along main streets for miles with signs.
During the lunch break, the Right to Fight defense committee had a successful joint press conference with Dr. Pendergraft and his defense team at his clinic which is two blocks from the Federal courthouse. As we walked over to the clinic, you could see the 28 foot balloon that the defense committee erected on the roof of the clinic with banners attached that said, "Stop Attacking Abortion Providers, Support Dr. Pendergraft" and Dr. Pendergraft is innocent." The front of the clinic was draped in a banner that read "Supporters of Dr. Pendergraft" and included all the names of the national organizations. At the press conference, the legal team fielded questions and statements were made by Right to Fight defense committee, Florida NOW president, and Refuse & Resist! Statements were read from Patricia Ireland(president of national NOW), Center for Reproductive Law and Policy, Medical Students for Choice, National Abortion Federation, California Abortion and Reproductive Rights Action League, and Frank Monk-abortion provider from Brooklyn NY. The press conference had high spirits of unity, and everyone exhibited righteous anger over Dr. Pendergraft being framed for being an abortion provider.
After the press conference, everyone returned to the courtroom, where throughout the day, Dr. Pendergraft's supporters were being followed and harrassed by US marshals and the FBI. One of the federal marshals stopped some of the students and told them they had to cover up their t-shirts because it could influence the jury. Her t-shirt said "Sisterhood is Power". The judge did not allow any buttons or stickers in the courtroom, and when he received a press packet which included the support statements from the national organizations, the FBI stopped one of the supporters, after the judge threatened arrest of anyone giving him information. The FBI lied and changed the story. They said the supporters were handing flyers to the jury.
The second day of the trial, Wednesday, January 3, opened with the prosecution complaining that the 28 foot balloon the Right to Fight defense committed erected on Dr. P's roof, and the full page ad they brought in a community paper a week earlier, was an obstruction of justice. The attorney for Dr. Pendergraft defended it under First amendment speech, and there was talk of the balloon being taken down. So far the balloon still flies! The day was mostly taken up with opening arguments on both sides, and the US attorney began their case. The trial is expected to last into the better part of next week. Stay tuned.
Right to Fight Defense Committee,
c/o Orlando Women's Center
1103 Lucern Terrace, Orlando, FL 32806
407-228-4604
http://www.righttofight.org.
[posted 1/5/01]
Reproductive Freedom Index | R&R Main Page
Join Refuse
& Resist!
305 Madison Ave., Suite 1166, New York, NY 10165
Phone: 212-713-5657
email: info@refuseandresist.org