Oakland, CA: What 1st Amendment?

For those who have been following my coverage of Linda Gibbons persecution up in Canada & say it can't happen here. Your wrong. It can. & it is.

On Thursday 19 February 2009 Rev. Walter Hoye of Berkeley, CA was sentenced by Judge Hing of the Alameda Superior Court jail to 30 days in county jail and fined $1,130.00 & was ordered to stay away from the clinic. He can do community service in place of the jail time. His crime: alledgedly unlawfully approaching a person entering an abortion facility in Oakland. The Oakland law prohibits anyone from approaching within eight feet of women entering an abortion facility, without their consent. (Note, not 8 feet from the center, 8 feet from the person.)

At the trial in January clinic workers claimed that Hoye intimidated them and several incoming abortion-seeking mothers. According to clinic director Jackie Barbic, Hoye approached within a few feet of several patients, including one who put up her hands in front of her face to ward off Rev. Hoye. Barbic went on to say that she went outside with a measuring tape to Hoye what 8 feet looks like, at which point Hoye walked towards her, while she backed away saying, "Stay away from me! Back down! Back away!" with her hands held up to protect herself. During her testimony, her voice choked with emotion as she described how fearful and intimidated she was.

1 problem, that isn't what happenned. A friend of Rev. Hoye had been videotaping from across the street on both the days on which he was accused of violating the law. & that tape showed a whole different scenario. It showed Ms. Barbic approaching Rev. Hoye and pointing a tape measure at him - and Rev. Hoye not moving an inch. When questioned about that she said that it was a 3rd episode that occured later that morning that she was talking about. Guess what? Again, the tape showed something different. & while the harrassment charges were dropped, despite the video evidence, jury nevertheless rendered a guilty verdict on the two "unlawful approach" charges.

The Life Legal Defense Fund (LLDF), the legal group representing the pastor, plans on appealing the conviction, as well as challenging the constitutionality of the ordinance.

On the other hand, the escorts who accompany the women to the clinic proudly testified that they routinely block Hoye to prevent women from seeing his sign using a sheet of blank poster board as well as shouting loudly to prevent dialogue with patients. The escorts are the ones who are harrassing, & he is charged. This is typical of the pro-abortion lies. As I have personally seen, they attack us, then accuse us of violence etc.

I also suspect that none of the clinic workers will be charged with perjury either. (See below for why)

FYI the sign reads: "Jesus loves you and your baby, let us help you"

Here is some video of the harrassment by the clinic workers of Rev. Hoye:

Here are some interesting facts from the LLDF web page about the trial:

1. One escort claimed she felt intimidated when she saw Ms. Barbic approach Mr. Hoye with the tape measure and tell him to back off, and “Walter didn’t move. He just stood there.” In this escort’s mind, the law required Rev. Hoye to back away from the clinic director, and the fact that he didn’t do so was perceived by her as very intimidating. Or so she testified. Upon cross-examination, it was revealed that she had never mentioned this alleged intimidation to the police or the district attorney until after the district attorney had already filed the charges against Rev. Hoye for allegedly intimidating her. In other words, the district attorney first filed the charges naming her as a victim, and then went desperately searching for evidence to back it up. (You see why I don't expect perjury charges against the witnesses. But if I was the LLDF I would be looking into seeing if there is enough evidence to bring the DA up on charges.)

2. In another case, one of the “victims” claimed that she felt “creepy” when Mr. Hoye spoke to her, warning her not to trip on the curb, after she moved in front of him to cover up his sign. Both her testimony and the video confirmed that she repeatedly walked up to Rev. Hoye and took up a position either directly in front of him or slightly to the side, holding a blank sign in front of Rev. Hoye’s sign. As he moved up and down the sidewalk, so did she. When asked why, if she felt intimidated, she didn’t move away, she replied that it was more important that she remain in front of him “to prevent women from seeing what is on his sign.”

Rev. Walter Hoye the founder of the Issues4Life Foundation.

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Sources: Pro-Life Pastor Hoye Gets 30 Days in Jail for Helping Women at Abortion Center

African American Pastor Sentenced to Jail for Counselling Women on Public Sidewalk