Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, April 16, 1990 TAG: 9004160345
SECTION: VIRGINIA PAGE: B1 EDITION: EVENING
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Robert Charles Vizzini was the first of 29 protesters to be tried today in Roanoke General District Court.
The charges arise from a demonstration Feb. 28 in which anti-abortion protesters from several states were arrested after they blocked the doors to the Roanoke Medical Center for Women and refused to move unless they were promised there would be no abortions conducted at the facility that day.
Judge Richard Pattisall said today that he will hear each case individually.
But Vizzini's defense to the charge is expected to be repeated by other defendants - a "necessity defense" in which they claim they were entitled to break the law in order to save lives.
"I ask the court to recognize that we were there because we knew life was at stake," an interpreter said as Vizzini used sign language in representing himself. "We were trying to save some lives."
Assistant Commonwealth's Attorney Alice Ekirch responded that the courtroom was not the proper forum to debate abortion.
"Regardless of the way one feels about abortion . . . the issue here is one of criminal trespass," Ekirch said.
Pattisall agreed that there was "clear evidence" to support a charge of trespassing, and found Vizzini guilty. He withheld sentencing until later.
The necessity defense has been tried unsuccessfully in other courts by abortion protesters, who argue that their beliefs entitle them to interfere with business at abortion clinics.
Today's hearing is the most recent time that ongoing conflicts between abortion protesters and clinic officials in Roanoke have led to criminal charges.
While officials at Roanoke's only abortion clinic complain that the protesters often intimidate patients and disrupt business, the protesters have claimed that their freedom of expression is often violated.
The Feb. 28 demonstration was the largest so far at the clinic.
Martha Scott, a secretary at the Second Street Southwest clinic, testified today that at least 30 protesters were blocking the front and back doors when she arrived at work about 7:30 a.m.
"I asked them to get out of the way . . . and they basically ignored me," Scott testified.
Mary Nottingham, director of the clinic, testified that the protesters refused to move after she told them they were trespassing. Police warned the protesters that they would be arrested unless they left.
"They sat down" at that point, Lt. Paul Adams of the Roanoke Police Department testified.
Then at least 30 police officers who had gathered began to pick up the protesters and carry them to nearby buses, where they were taken to the Roanoke Civic Center to be formally charged.
by CNB