Witness testimony begins in FACE Act trial of second set of pro-life defendants

Today marked the first day of witness testimony in the trial against three pro-life activists – Joan Andrews Bell, Jonathan Darnel, and Jean Marshall – who were indicted for their participation in an October 2020 rescue action at the D.C.-based Washington Surgi-Clinic (WSC), which is run by abortionist Cesare Santangelo. They are charged with conspiracy against rights and a FACE (Freedom of Access to Clinic Entrances) Act offense.

The day’s proceedings were remarkably similar to early proceedings in the trial against the five previous defendants who were indicted in connection with the same rescue action – Lauren Handy, Heather Idoni, John Hinshaw, Will Goodman, and Herb Geraghty. 

Government attorney Sanjay Patel – who has written a treatise on using the FACE Act (which these defendants are accused of violating) as a weapon against what he terms “anti-abortion extremism” – opened with a statement that was almost identical to his opening comments in the previous trial. The government called the same first three witnesses in the same order as it did during the last trial. The presiding judge, Colleen Kollar-Kotelly, is the same; the trial is even being held in the same courtroom.

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Setting this trial apart from the companion trial of the previous five defendants is a new jury, minor changes in the government’s legal lineup, and, of course, different defendants. 

Over the lunch break, defendants and allies held a press conference on the courthouse steps. Defendant Joan Andrews Bell stated that it has been her privilege to participate in rescue. “I’m humbled by the privilege to suffer … imprisonment for the little babies,” she said, agreeing with previous defendant Will Goodman’s observation that being in jail helps one to relate to the plight of the preborn facing abortion. Bell will be representing herself in court.

Defendant Jean Marshall urged unity within the pro-life movement: “Some of you may not understand what we’re doing, but I would ask you to unite even if you can’t do the same. Please support us, and thank you to all those who are supporting us.”

Defendant Jonathan Darnel spoke at greater length. He commented on the diverse reactions to his and his predecessors’ trials within the pro-life movement, noting that many within the movement have condemned rescue as “aggressive, intimidating, and theatrical, provoking a government crackdown[.]” He credited such condemnation to an unwillingness to truly suffer on behalf of the preborn, noting:

Almost all mainstream efforts to end abortion today are built on the assumption that ordinary people will play no real role beyond that of praying, voting, and donating money.

The idea that ordinary people will ever lay down their lives and pick up their crosses in any serious way is basically anathema, and this is a terrible shame because there’s always been enough pro-life people in the United States to both lock down every single abortion clinic permanently and prevent police from arresting the pro-life people who do it.

We could end surgical abortion in a matter of weeks if pro-life America was ready to mobilize itself and do what was necessary.

Darnel continued: 

We let this cancer [of abortion] grow in America for 50 years. Removing it will be painful, but we hope that whatever happens and however long we languish in prison, you won’t be able to forget us or the children that we represent.

We don’t want you to be comfortable. We don’t necessarily want you to imitate us, although America does need more people willing to disobey. First and foremost, we want you to love your neighbor the same way that you would want to be loved.

Each defendant faces up to 11 years in prison.

Editor’s Note, 9/14/23: A note has been added to document that Joan Andrews Bell chose to represent herself in court.