Pro-Life Pastor Hoye Gets 30 Days in Jail for Helping Women at Abortion Center
http://www.lifenews.com/state3877.html

by Steven Ertelt
LifeNews.com Editor
February 19, 2009


Emacs!
Oakland, CA (LifeNews.com) -- A pro-life African-American pastor has 
been sentenced to 30 days in jail for sharing a pr-life message 
outside local abortion centers. Walter Hoye was previously found 
guilty of violating what pro-life attorneys call an unconstitutional 
city law designed specifically to target him.

Oakland officials had enacted the law, which has been heavily 
criticized as an unconstitutional limit on free speech.

The ordinance prohibits contact within eight feet of women entering 
abortion businesses without their consent.

Today, Hoye was sentenced by Judge Hing of the Alameda Superior Court 
to serve 30 days in county jail . The court will allow Hoye to serve 
his time by an alternative method such as community service.

However, Hoye will be forced to pay a $1,130 fine and has been 
ordered to stay away from the abortion business and no longer help 
women find abortion alternatives.

Allison Aranda, a staff attorney with the Life Legal Defense 
Foundation, a pro-life law firm representing Hoye in the case, says 
an appeal is forthcoming.

"It is absolutely incredible that in America an individual can be 
sentenced to jail for engaging in peaceful free speech activity on a 
public sidewalk," she told LifeNews.com Thursday afternoon. "We will appeal."

The firm is also challenging the constitutionality of the ordinance 
in a lawsuit asking it to be struck down.

Hoye is an African-American pastor who feels a special calling to 
work for the end of abortion because abortion centers specifically 
target the black community.

As part of his efforts, he stands in front of an abortion center in 
Oakland with leaflets offering abortion alternatives and a sign 
reading, "Jesus loves you and your baby. Let us help."

According to 2004 statistics from the National Center for Health 
Statistics, about 37 percent of pregnancies among black women end in 
abortion, compared with 12 percent for non-Hispanic white women and 
19 percent for Hispanic women.

Aranda previously told LifeNews.com that the jury convicted Hoye 
despite a video tape the defense presented at trial showing that 
prosecution witnesses conjured up phantom patients whom Hoye had 
allegedly harassed.

The tape also showed that Hoye had not threatened two abortion 
facility escorts or its director, as had been alleged.

"This is a miscarriage of justice and we will appeal this verdict," 
Aranda said.

"After speaking with several jurors after the verdict was read, it is 
clear that the court's failure and outright refusal to instruct the 
jury regarding the key elements of the crime led to the erroneous 
conviction of Rev. Hoye," she added.

LLDF attorneys say the "clinic escorts" are upset by Hoye's presence 
and they surround him to impede his movement, block his sign with 
large sheets of blank cardboard, and make raucous noise to drown out 
his quiet offers of assistance.

Because their actions didn't deter Hoye, the Oakland city council 
approved the new law. The penalty for illegally approaching a person 
to talk or hand out a leaflet is one year in jail and/or a $2,000 fine.

At the pre-trial hearing, Hoye's LLDF attorneys cross-examined the victims.

The escorts admitted that Hoye never used force against them, 
threatened them, or blocked them. They proudly testified that they 
routinely block Hoye to prevent women from seeing his sign.

Related web sites:
Life Legal Defense Foundation - <http://www.lldf.org>http://www.lldf.org


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