Today, August 22, marked the first day of defense arguments (and the fourth day of witness testimony) in the federal FACE Act trial of five pro-life activists – Lauren Handy, Will Goodman, John Hinshaw, Heather Idoni, and Herb Geraghty. The five defendants are charged with a felony count of conspiracy against civil rights as well as violations of the FACE Act. Each faces a grand total of 11 years in prison (10 years for conspiracy and one year for FACE Act violations).
During the proceedings, the judge further revealed a strong pro-abortion bias.
LAUREN HANDY’S DEFENSE
The day began with attorney Martin Cannon presenting Lauren Handy’s defense. Handy testified, giving general details about her background. “My parents taught me, if you see someone who needs help, it’s your duty to help them,” Handy stated. She said that she got into pro-life activism out of a desire to help mothers and babies, and emphasized her commitment to non-violence.
Although Judge Kollar-Kotelly will not allow Live Action’s InHuman undercover investigation video – which she described at various points in the day as “propaganda” and “gossip from propagandists” and which the prosecution described as “heavily edited” – to be played in the courtroom, Handy was allowed to describe its impact on her.
In this video, Washington Surgi-Clinic abortionist Cesare Santangelo says that if a child was born alive in his facility during an abortion, “we would not help it.” Handy testified that it was this video which shaped her belief that abortion survivors at Santangelo’s facility would be left to die.
Judge Kollar-Kotelly disallowed Handy from going into specifics – such as statistics – pulled from Handy’s research on the types of later abortions committed by Santangelo at the Washington Surgi-Clinic. Specifically disallowed was discussion about the details of a Society of Family Planning study (a pro-abortion group) showing that induction abortions committed past 18 weeks’ gestation and without the use of feticide (like those committed by Santangelo) have up to a 50% chance of “transient fetal survival.” In other words, up to half of these abortions might involve a born-alive survivor.
Handy was only allowed to say that her research had influenced her beliefs about what could be happening at the Washington Surgi-Clinic in a general way.
Handy denied the prosecution’s allegation that she blocked facility entrances during the rescue action on October 22, 2020.
HEATHER IDONI’S DEFENSE
Next to take the stand in her own defense was Heather Idoni. She, too, gave general details about her background, both personally and professionally. She described her joy at being a mother to her own biological children as well as her many adopted children. She stated that she is a Messianic Jew, and that it is her faith that called her to go stand on the sidewalks in front of abortion facilities “hundreds of times” to offer support and options to abortion-seeking women.
She said she is “passionate about helping those who have no one to help them” and those who have no voice.
Idoni cited Proverbs 24:10-12 as the foundation for her commitment to protecting the preborn, paraphrasing the text, which reads:
If you faint in the day of adversity,
your strength is small.
Rescue those who are being taken away to death;
hold back those who are stumbling to the slaughter.
If you say, “Behold, we did not know this,”
does not he who weighs the heart perceive it?
Does not he who keeps watch over your soul know it,
and will he not requite man according to his work?
Prosecution attorney Sanjay Patel’s tone on Idoni’s cross examination was condescending, even derisive. Patel repeatedly mocked Idoni over her statement that pro-life activist Joan Bell is one of her personal heroes, for example. When Idoni said she didn’t recall a particular detail about which Patel was questioning her, Patel responded, “That’s convenient.”
Judge Kollar-Kotelly twice warned Patel about his sarcastic remarks.
HERB GERAGHTY’S DEFENSE
Last to take the stand today was defendant Herb Geraghty, who, like the two defendants testifying earlier, emphasized a commitment to non-violence: “I am totally and utterly opposed to violence in all its forms,” Geraghty stated.
Also emphasized was Geraghty’s non-participation in blocking the entrances to the Washington Surgi-Clinic. “My intention was to go to the Washington Surgi-Clinic and speak to patients going in and let them know there are other options,” Geraghty said. Geraghty, in fact, left the facility before any arrests were made and was not arrested on that day.
Geraghty, like Handy, cited Live Action’s InHuman video as informing the belief that abortion survivors were being left to die at Santangelo’s abortion facility and as therefore being a motivating factor behind the rescue action in October 2020.
Upon cross-examination, government attorney Patel’s tone was again condescending and mocking. Patel asked Geraghty to confirm that abortion is legal without limits in the District of Columbia. Geraghty clarified that some abortions are legal, but others are outlawed, including partial-birth abortion, or D&X.
There was a small argument between the judge and respective counsel for both sides following this. Judge Kollar-Kotelly seemed to dispute the fact that there is a federal law prohibiting D&X nationwide, including in D.C. Such a law does, in fact, exist – it is called the Partial Birth Abortion Ban Act, and was passed in 2003 and upheld by the Supreme Court in 2007.
Judge Kollar-Kotelly nonetheless instructed the jury to ignore Geraghty’s comments about the existence of such a law, saying Geraghty was “not a legal expert.”
Geraghty testified to having no intention to break the law on the day of the rescue action. When Patel asked whether Geraghty was aware of the risk of arrest, Geraghty replied: “Yes, but if I could’ve convinced just one person to choose life, it would’ve been worth it.”
Geraghty’s testimony will resume tomorrow, August 23.
