http://www.wisinfo.com/postcrescent/news/archive/local_16882842.shtml
Posted July 13, 2004
Calumet County supervisor sentenced to 10 days in jail
Gabriel impedes officer during abortion protest
By Dan Wilson
Post-Crescent staff writer
APPLETON — A Calumet County supervisor convicted of obstructing an officer during an anti-abortion protest was sentenced to 10 days in jail Monday.
Mark H. Gabriel, 43, 3102 E. Parkside Blvd., Appleton, had a warrant issued for his arrest Friday by Outagamie County Circuit Judge Michael Gage when he failed to show up for his scheduled sentencing hearing.
After becoming aware of the bench warrant, Gabriel contacted the court and Gage scheduled a hearing for Monday afternoon.
Gabriel told the judge he never received the notice of the hearing and apologized to Gage.
"This is the first time I have seen the notice of this hearing," said Gabriel. "I assure you I had no knowledge of this sentencing date."
Gabriel was convicted as a result of an abortion protest in August in which he was posting signs along N. Gillett Street in Grand Chute.
When confronted by a police officer, Gabriel turned his video camera on the officer. When the officer said he would need to seize the tape as evidence, Gabriel refused to turn it over and he was arrested on the obstructing charge.
Outagamie County Assistant Dist. Atty. Brad Priebe made note of Gabriel’s previous six convictions arising from his anti-abortion activities and asked for jail time rather than probation.
"I don’t know exactly what you do with a guy like Gabriel," he told the judge. "Six of anything when you come to sentencing is not good."
Gabriel said his convictions were the result of protests.
"Every one is directly related to or indirectly related to trying to save children from being killed by abortion," he said. "I found the early disciples had criminal histories as well. And that was for doing good. My presence out there and the presence of other Christians has had the effect of saving lives."
Gage agreed with Priebe’s recommendation for jail time.
"We apply the general proposition that the same rules apply to you as other people," said Gage. "And your actions can be properly looked upon as adverse to other persons lawfully going about their own business. Your purpose is to test the limits that exist, in testing the waters or pushing the envelope."
Gage gave Gabriel a 30-day stay in starting his jail sentence. Gage also ordered he pay court costs and made him eligible for work-release privileges to make his meeting commitments for the Calumet County Board.
Dan Wilson can be reached at 920-993-1000, ext. 304, or by e-mail at dwilson@postcrescent. com. |