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Dr. Bruce Steir Defense Committee Update 9/11/98

Dr. Bruce Steir Defense Committee
September 11, 1998

Dear Dr. Steir Supporters,

On September 4, Riverside County Judge, Patrick Magers, presided over a court hearing regarding Dr. Bruce Steir's criminal case. Deputy Attorney General Jose Guerrero was present to argue the Medical Board of California's motion to quash defense council's subpoena. Guerrero argued that defense's motion for discovery would place unjust burden upon the medical board. Defense Attorney Doron Weinberg argued that significant information may be uncovered with regards to possible selective prosecution. Judge Magers is expected to make a ruling on these motions by September 25 when court will reconvene to set a trial date.

We want to investigate relationships between Jeannette Driesbach, an anti- choice activist in Riverside County, and the District Attorney's office and the Medical Board of California. Weinberg introduced evidence of correspondence between Driesbach and the medical board which showed that there is a reasonable suspicion of an improper relationship between Driesbach and the medical board. A history of Driesbach's involvement in abortion-related cases was illustrated by a March 1997 letter to medical board's executive director Ron Joseph. In this letter Driesbach specifically discusses Dr. Steir's case. She states, "by approving a monitor, the Medical Board clearly undermine's the central argument in the Steir case, i.e., that Steir is a danger to the public. It is a legal trap for you to approve a monitor. PLEASE NOTIFY US OF YOUR DECISION TO REFUSE TO APPROVE A MONITOR FOR BRUCE STEIR." Additionally, as brought out by defense council, Driesbach has had returned correspondence from the medical board regarding abortion-related cases, including Dr. Steir's case. If Jeannette Driesbach was truly concerned about women's health, wouldn't it make more sense to advocate for a monitor to oversee a procedure she is concerned about? Or rather, is she more concerned about ending abortion services for all women?

The neutrality of the District Attorney's office is also coming into question. California's Attorney General Dan Lungren oversees District Attorney's offices throughout the state. Lungren has made no secret about his opinions of abortion. And there is some question as to Lungren's influence upon the Riverside County District Attorney's office. This question becomes more relevant upon recalling the San Francisco Chronicle article (7/28/98) quoting Lungren's spokesperson who claimed that Lungren's commitment to women's rights highlights "prosecuting a number of doctors accused of injuring women in botched abortions." Additionally, Weinberg introduced a letter from Deputy Attorney General Guerrero to Gail Heppell, Supervising Deputy Attorney General, regarding Dr. Steir's case. In this letter Guerrero discusses one of the medical reviewers of Steir's case, stating that "she will need to be persuaded that [Dr. Steir's] technique in conducting first trimester abortions is also a departure." The conduct of the District Attorney's office around Dr. Steir's case does not appear to be neutral, rather it seems biased due to their political attitudes about abortion.

Weinberg further argues the necessity of discovery to explore correspondence between prosecutor Kennis Clark and medical board investigator Rodriguez A letter from Clark to Rodriguez was introduced in court, in which Clark asks Rodriguez to generate information about the Steir case specifically around the operating room because this is where she thinks they may be able to find implied malice. Did Deputy DA Clark enter this case neutral? Or did letters from Driesbach influence her initial opinion of this case? Weinberg stated in court that the DA's office has refused to consider exculpatory evidence, such as the independent investigation by the California Medical Association which found that Dr. Steir's actions "...cannot be characterized as criminally negligent behavior, manslaughter or any kind of criminal act."

To what extent do Lungren's attitudes regarding abortion have a bearing on the charges against Dr. Bruce Steir? What role do letters from Jeannette Driesbach pressuring the District Attorney's office have on Dr. Steir's case? How impacting is Driesbach's relationship with the medical board on Dr. Steir's case? These are some of the questions the defense hopes to answer with discovery.

The defense committee asserts that Dr. Bruce Steir is being prosecuted specifically because he provided abortion services. We believe that, while Sharon Hamptlon's death was a tragedy, the circumstances of her death is a health care issue and should be treated as one. Dr. Steir should not be subject to criminal proceedings. Additional information regarding Dr. Bruce Steir's case is available from the defense committee.

Press Conference

At a press conference preceding the court hearing, we announced that the Feminist Majority Foundation has joined the list of supporters. A newly formed organization, Reproductive Rights Oversight Organization, announced their intent to oversee accusations against physicians who perform abortions, to monitor the Medical Board and Attorney General's office, and to call on legislators to investigate relationships between anti-choice forces and the above-mentioned offices. Representatives from the defense committee, Southwest Riverside County NOW, Refuse and Resist!, and Women's Choice Clinic also made statements in support of Dr. Steir. The defense committee announced a local message phone number which will give updates regarding the case. The number is (909) 778-3223. A website has also been established by the defense committee and can be accessed by http://www.steirsdefense.org.

Defense Committee Meeting

A defense committee meeting was held following court Friday. We gathered as clinics, individuals, attorneys, physicians and organizations concerned about the future of Dr. Steir and abortion in general. Facts of the preliminary hearing, the history of Dr. Steir's practice of abortion, goals and strategy were discussed. Dr. Steir and Doron Weinberg were present at the defense committee meeting to answer questions and give input about the case. Discussion of upcoming house meetings and future defense committee meetings took place. For more information, interested parties should contact the defense committee.

Sincerely,

Dr. Bruce Steir's Defense Committee
1469 Humboldt Road, Suite 200
Chico, Ca 95928
(530) 891-1917
SteirFund@aol.com
Message Phone: (909) 778-3223
Website: http://www.steirsdefense.org

[posted September 16, 1998]


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