Defense in FACE Act trial closing arguments: Criteria not met for guilty verdict

Closing statements were given today, August 24, in the federal trial of five pro-life activists: Lauren Handy, Will Goodman, John Hinshaw, Heather Idoni, and Herb Geraghty. Each faces up to 11 years in prison (10 for conspiracy and one for FACE Act violations).

Government attorney John Crabb gave the closing statement for the prosecution. He claimed the defendants “planned their crime carefully” and had a “scheme to interfere with others’ rights.” Employing euphemisms liberally, Crabb referred to the Washington Surgi-Clinic (WSC), which is first and foremost an abortion facility, as “a medical facility.” He referred to the final day of a three-day abortion procedure (possibly an induction abortion) as a “treatment” that was “needed,” and to abortion generally as “reproductive health services.” 

Ironically, Crabb closed his statement by saying: “No one has the right to impinge on someone else’s rights.” The pro-life side has been making this precise argument for decades.

The Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that a “right to abortion” does not exist under the Constitution; so the “right” Crabb is defending is not a right at all. The pro-life movement, on the other hand, works to protect the legitimate right to life of children in the womb.

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First of the defense attorneys to give his closing statement was Martin Cannon on behalf of Lauren Handy. He emphasized the need for each defendant’s guilt or innocence to be evaluated independently. He also emphasized that his client did not physically obstruct any entrances, and that the government had not proven its conspiracy charge. “How can there be a conspiracy to violate FACE when everyone is left to their own conscience, and the outcome is unknown?” Cannon asked.

Next to give his closing statement was Alfred Guillaume on behalf of defendant John Hinshaw. He pointed out that the only people to use force during the rescue were WSC staff members, one of whom brandished a broomstick, using it to jab at the rescuers. He emphasized Hinshaw’s complete nonviolence and stated that there was no evidence of any participation in a conspiracy on Hinshaw’s part.

Following Guillaume, attorney Robert Dunn gave his closing statement on behalf of defendant Heather Idoni. He stated that the government had failed to produce any evidence that Idoni had entered into an agreement to “injure, threaten, intimidate, or oppress” anyone, which is necessary to convict her of conspiracy against rights. 

Next to give his closing statement on behalf of Herb Geraghty was attorney John Kiyonaga. He stated that, even after cross-examining Geraghty for three and a half hours, the government had failed to produce any evidence that Geraghty had participated in a conspiracy. He emphasized that Geraghty never agreed to block, never helped block, and did not personally block any facility entrances. He closed by saying that Geraghty “was there to entreat, not to bludgeon.” 

Last to give his closing statement was attorney Howard Walsh on behalf of defendant Will Goodman. He argued that his client did not meet the criteria for a guilty verdict on either charge, since there was no evidence of Goodman’s having participated in a conspiracy, and because he didn’t block any entrances. Walsh noted that all Goodman did during the rescue was kneel and pray.

The government’s rebuttal was given by Sanjay Patel, who employed almost as many euphemisms during his statement as his colleague had earlier. He characterized a three-day abortion procedure as “medical care,” for example. He accused the defendants who took the stand of being liars. He also stated that if one of the defendants were guilty, they all were, but singled out Lauren Handy, saying, “This event [i.e., the rescue], this case, is all because of her.”

Jury instructions will be given tomorrow morning, after which point the jury will begin to deliberate.