30 Days in Federal Prison

  30 Days in Federal Prison

That is the sentence that will soon be executed upon Rev. Mike Warren and myself. The problem is - we didn't break any law ! We are the victims of an arrogant tyrant in the person of Federal District Judge Richard Arcara. Those are strong words, but not frivolous or without merit.

Briefly:

* We didn't break any law!

* The Grand Jury did not indict us. Arcara ordered his magistrate to hold a hearing anyway.

* The federal magistrate agreed that the TRO had expired by statute, Supreme Court precedent supported our position and he recommended that charges should be dropped.

* Judge Arcara insisted that his orders should be obeyed, even if he was wrong and ordered a trial.

* Judge Arcara denied us a jury and held a bench trial on charges of Contempt of Court.

* The evidence was a videotape of Mike and me walking on a deserted sidewalk at Genesee Hospital on a Saturday morning, and video of us at Planned Parenthood. Most of the trial was to determine if the judge had authority to bind us indefinitely under a temporary order. Note - A TRO is very limited time wise [10 days with one ten day extension after a hearing] because it is only meant to be used in an emergency situation and the burden of proof to secure one (to limit someone's constitutional rights) is extremely minimal.

* Arcara found us guilty and sentenced us to 30 days each.

* The appeals court agreed that we must abide by judicial orders, even unlawful ones. Note - a TRO is not appealable by law. According to the appeals court our recourse was to assume that there was an erroneously granted preliminary injunction and to appeal that. Since I qualified for a public defender [without the means to hire an attorney to do what by law can't be done], and they couldn't cite any case that this had actually been done, it was merely their justification for ruling that judges are above the law.

* The Supreme Court refused to hear our case (October 6, 2003).

The saga began in the spring of 1999. Judge Arcara issued a TRO (Temporary Restraining Order) against Operation Rescue, Rescue Rochester, Operation Save America and about 60 named defendants. His stated intention was to protect the abortion industry from pro-lifers and Christians of conscience during the highly publicized demonstrations to take place in Buffalo and Rochester. Some of his current restraining orders had previously been ruled unconstitutional by the U.S. Supreme Court, such as 60-foot buffer zones, and were again thrown out by the district appeals court, 18 months later. Nevertheless, there were dozens of police on hand to vigorously enforce his orders during the weeklong event. Note - contrary to statute he intended this order to apply to any and all persons opposed to abortion, even if not named in, or aware of, the order. A telling incident occurred at the demonstration in Rochester. A man in a car near Genesee Hospital pointed his finger in a manner to suggest shooting a gun. A police frenzy culminated in his arrest, but he was never prosecuted under the TRO because he was not a pro-lifer.

Fast forward to July 1999. On the way to my daily picket at Genesee Hospital, I passed Planned Parenthood on University Avenue and felt prompted to spend some time there. As I walked and prayed with my sign on the empty sidewalk, a police officer came out of PP parking lot and told me I couldn't be on the sidewalk (because of the TRO) and would have to leave or go on the other side of the street. I explained to him that the temporary order had expired by statute and since I was on a public sidewalk I wasn't leaving. Subsequently more police, some federal marshals, some media people and Mike Warren joined me with some of his family . (Jerry called me to ask that I find out where they were going to take him. He was about to be arrested. I called the media, a police liaison and went out to stand with Jerry. What we did not know at the time was that we had already been videotaped and investigated weeks earlier at The Genesee Hospital by NYS Attorney General's Office. This too was after the TRO was expired. We didn't break any law! In fact the 2nd Circut Court of Appeal ordered Rev. Mike Warren to be removed from the original injunction for lack of cause.)

Late fall of 1999 Judge Arcara ordered an investigation to determine if we should be tried for civil and/or criminal contempt of court. The Grand Jury did not indict us, but Arcara ordered his magistrate judge to have a hearing anyway. Note- a magistrate is hired to do preliminary hearings and minor cases. While a magistrate is not elected or confirmed by democratic process, a federal judge is, therefore, trial by a magistrate requires a waiver by the defendants, which we did not do. It also requires the agreement of the presiding federal judge. The magistrate ruled in our favor and recommended the charges be dropped. Again, Arcara refused and ordered us to stand trial before him. He also denied our proper and formal request for a jury and held a bench trial where he was the sole decision maker. He also refused our request to recuse himself. Being the “victim” of our so-called contemptuous activities, even the appearance of bias was a factor. He refused, choosing to be the so called victim, judge and jury!

While Mr. Arcara ruled that even his unlawful order must be obeyed to maintain the effectiveness of law, the purpose of his order was never in jeopardy. No doors were blocked. No abortion client was delayed or harassed. No clinic worker was encountered. In fact, the complaints weren't even generated by any plaintiff, but came from the court itself.

Many of us pro-lifers have broken minor laws in the past to achieve a greater good, such as saving the lives of babies and their mothers, but that was not the case here. We did not break any law! We did not defiantly embarrass the judge. We simply returned to doing the constitutionally protected things we had been doing for years.

When they come for us, we will do our time without complaint, trusting that God has a work for us to do there. Then we will continue, Lord willing, by picking up where we left off. We will not be intimidated by unrighteous judges, or dissuaded from proclaiming truth. We are sad for our families, we are sad for our land. Please keep both in your prayers.

Jerry Crawford & Mike Warren
October 2003

Note from Flip

Mike Warren and Jerry Crawford have been stalwart soldiers of the cross of Christ for several years now as they have steadfastly given a voice for unborn children at the gates of hell (the local abortion mills) in Rochester, New York.  These two men, and those that have joined with them, have been responsible for saving hundreds and thousands of lives in their city.

For this Christ-like behavior they have been rewarded with villification by the newspapers in their city, persecution and prosecution by the police department, threats and prosecution by New York State Attorney General, and now judicial attack by a God-hating judge named Arcara.

Mr. Arcara, like so many federally appointed judges, has the mistaken impression that he is god (never a good idea), and that he is beholden to no law but his own.  What you will read here is simply one more illustration of the judicial tyranny that is attempting to savage our Lord Jesus and His Law in America.

This kind of judicial tyranny is a sign and a judgment from God Himself that America has turned from Him and His Law. "When a land falls into the hands of the wicked, He blindfolds its judges.  If it is not He , then who is it? Job 9:24.

Mr. Arcara is blind, the wicked are ruling in our land, and Godly men like Mike Warren and Jerry Crawford are suffering as they stand for Christ and his children.  This is our heritage as Christians.

"Lord Jesus, bless Mike and Jerry and their families as they serve this time in federal prison.  Help them to shine the same light into that dark place that they so faithfully and brilliantly shown in the streets of Rochester.  They are suffering because they are 'your men' who have learned and dared to lay their lives down that others might live." Amen!

In Christian love,

Flip