Bench trial begins for remaining pro-lifer charged with FACE Act violations in D.C.

The third and final remaining federal trial stemming from an October 2020 rescue action at the D.C.-based Washington Surgi-Clinic abortion facility began on Monday, October 23. Paulette Harlow is the sole remaining defendant. Like her 8 previously convicted co-defendants, she is charged with conspiracy against rights and FACE Act violations and is facing up to 11 years in federal prison. Unlike her co-defendants, Harlow has opted for a bench trial rather than a jury trial.

Harlow (age 75) was originally scheduled to be tried in mid-September with the second round of defendants, which included Harlow’s sister, Jean Marshall (73), Jonathan Darnel (41), and Joan Andrews Bell (74). However, her trial was delayed due to her hospitalization. Harlow has multiple health issues, including “debilitating diabetes, Hashimoto’s disease, and severe back pain requiring the use of a wheelchair,” according to LifeSiteNews. Proceedings in her trial have been paused several times to allow Harlow to rest and receive medical attention.

Witness testimony for the prosecution was heard on Monday and Tuesday. The same witnesses were called as in the two previous trials, including Caroline Davis, who participated in the D.C. rescue and was indicted for similar actions in other cities. Davis accepted a plea deal in which she agreed to testify against her fellow rescuers in exchange for a reduction in the charges against her. 

LifeSiteNews reported that Judge Kollar-Kotelly has permitted Harlow to call Jean Marshall and Joan Andrews Bell as defense witnesses. They are scheduled to appear on Wednesday. Marshall, Bell, and their six other co-defendants were immediately incarcerated following their convictions due to the jury’s finding that they had committed crimes of violence. Multiple sources have reported that Jean Marshall has developed pneumonia while behind bars.

Appeals have been filed on behalf of the eight incarcerated rescuers, according to Jonathan Darnel. In addition, Representative Chip Roy of Texas has introduced a bill to repeal the FACE Act, which, if passed, would undoubtedly assist the rescuers in their appeals process. Sentencing has yet to be scheduled for any of the incarcerated rescuers.