THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, August 31, 1994 TAG: 9408310456
SECTION: FRONT PAGE: A4 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: PENSACOLA, FLA. LENGTH: Medium: 57 lines
Anti-abortion extremist Paul Hill, accused of fatally shooting an abortion doctor and clinic escort, also must be tried on disorderly conduct and noise charges, a judge ruled Tuesday.
Escambia County Judge Thomas Johnson rejected a defense motion to dismiss the two misdemeanor charges from a June 17 arrest outside the same Pensacola abortion clinic where the slayings later took place July 29.
The former minister in the Presbyterian Church in America and The Orthodox Presbyterian Church has been advocating the killing of abortion providers as justifiable homicide since March 1993. That is when another abortion doctor was shot to death outside another Pensacola clinic.
Hill, 40, of Pensacola is accused of disrupting staff and patients inside the Ladies Center. They complained they could hear him shouting comments from outside that included ``Please don't kill your innocent child,'' ``Mommy, Mommy, don't let them kill me'' and ``Please don't let them make you the mother of a dead baby.''
The defendant, dressed in a green Escambia County Jail jump suit, sat at the defense table with his legs shackled and hands cuffed to a chain around his waist. He talked briefly with his trio of lawyers but said nothing in open court.
Defense lawyer Michael Hirsh of the American Center for Law and Justice, founded by religious broadcaster Pat Robertson in Virginia Beach, argued the charges should be dismissed because Hill was exercising his right of free speech under the First Amendment.
Hirsh also contended Hill was arrested only because he is an abortion opponent.
But Johnson ruled the government has a legitimate interest in protecting the rights of people in the clinic to peace, health and safety. He noted the ordinance prohibits loud and raucous noises without reference to any message.
``I can't define it, but I think I know what loud and raucous is,'' Johnson said. ``Whether your opinion annoys me or disturbs me is of absolutely no consequence.''
Johnson conceded the state disorderly conduct law is more confusing. ``Courts have tended toward First Amendment rights; that you have a right to talk more than I have a right to peace and quiet,'' the judge said.
But he pointed out the state contends Hill went beyond exercising his free speech rights and disrupted what was going on inside the clinic, an issue the jury should decide.
Assistant State Attorney Gregory Marcille argued that courts have repeatedly upheld the constitutionality of the disorderly conduct law and noise ordinances similar to Pensacola's.
KEYWORDS: ABORTION MURDER by CNB