Case Dismissed: Abortion Biz Witness Fails To Appear
Updated: Sep 21, 2019
CHARGES AGAIN DISMISSED IN WASHINGTON DC AGAINST RED ROSE RESCUERS
9/19/2019 - WASHINGTON, DC
Father Fidelis Moscinski, CFR, Will Goodman, Patricia Woodworth, and Matthew Connolly were on trial today for attempting to save babies at Capital Women’s Services with their rescue efforts on 19 March 2019.
The killing center is operated by the infamous Steven Chase Brigham, an abortionist with a long history of license revocations, botched abortions, and medical malpractice. His practice does abortions up to 6 months gestation.
The trial was held at The Moultrie Courthouse of the Superior Court of the District of Columbia before Judge John R Johnson.
The heroic rescuers were ably represented by Attorney John C Kiyonaga, pro bono. Although testimony was not offered due to the lack of witnesses for the prosecution, Judge Johnson did allow Mr Kiyonaga to make a brief statement in favor of allowing the use of the “necessity defense.”
In short, that defense would allow for the trespass by the Red Rose Rescuers as the innocent babies were in imminent danger of death. Mr Kiyonaga was able to get on record a good argument for allowing this defense.
Mr Kiyonaga argued that an existing 1979 D.C. law which might limit protection of the pre-born could be outdated. He noted that in the 40 years since some 23 States and the United States have fetal homicide laws, and that 11 States have fetal pain laws. [n.b. the number of states protecting the human fetus is actually greater now]
Their lawyer stated before the court how horrible the conditions at the abortion facility are and that the quality of care for women is substandard.
He said it has been suggested a lawsuit could be filed. But counsel noted that the babies have no voice. “Complaints have been made which have been ignored. And aborted, [the] unborn, have no standing to file a lawsuit.”
A complaint was filed against Capital Women’s Services for the danger they pose to women and the fact that, at least at the time, Brigham was operating without a license.
Pro Life activist Lauren Handy was the woman filing the complaint in October of 2017. It was noted to the court that Ms Handy has yet to receive a response from the D.C. Department of Public Health.
Judge Johnson said that there should be a response to the filing by Handy.
“I’d also want to know . . . what is being done about it, if anything? And if nothing is being done, why not?” His Honor gave encouragement that a response to the complaint be pursued: “You can go knock on their door and say, ‘what’s going on?’”
Judge Johnson immediately went on to say that the “defense of necessity” was disallowed under existing D.C. law, thus denying the guidance of substantial case law around the country which seeks to prevent harm to the child within its mother’s womb spoken of by Mr Kiyonaga.
The Judge then noted that the witness for the state had not arrived. (It was now a couple of hours since the start time of the trial.) He asked if the case could be presented without her. The prosecuting attorney said “no.”
Judge John Johnson then immediately pronounced the verdict: “The case is dismissed for want of prosecution.”
Coming up from Texas as an expert witness on abortion was Noreen Johnson, MD. Dr Johnson is a former abortionist who is now Pro Life. She was accompanied in court by Attorney Alexandra M Snyder, Executive Director of the Life Legal Defense Foundation of Napa, CA.
Unfortunately, because the trial was ended due to the failure of the prosecution to present a witness, the Court did not have the benefit of the testimony of Dr Johnson in defense of the unborn. Her presence was appreciated by the defenders of the unborn.
An earlier trial of Red Rose Rescuers also saw the charges dismissed in July of 2019. Fr Stephen Imbarrato, Lauren Handy, and Bud Shaver entered another killing place in DC, Washington Surgi-Clinic, the same day as the rescuers above entered Brigham’s across town.
The Red Rose Rescuer's have have been blessed with some of the best legal representation available. In other efforts, American Freedom Law Center and The Legal Center for the Defense of Life (NJ) have provided extraordinary pro bono counsel.
Article & photos provided courtesy of Joseph Kuchinsky, Jr
STATEMENT OF THE COMMUNITY OF FRANCISCAN FRIARS OF THE RENEWAL
The Franciscan Friars of the Renewal, a Catholic Religious Institute of Pontifical Right existing in various dioceses throughout the world, offers the following statement on the occasion of the “Red Rose Rescues” which have occurred on September 15, 2017. Fr. Fidelis Moscinski, CFR, a professed member of the community, in partnership with other pro-lifers, participated in a rescue at Alexandria Women’s Health Clinic, 101 S Whiting St. #215, Alexandria, Virginia.
An essential part of our work of evangelization and care of the poor is our public and prayerful witness to the sanctity of human life from conception to natural death. We recognize that the human right to life is the foundation of a just and peaceful society. Furthermore, we recognize that those whose right to life is denied them, for whatever reason, are truly poor and most in need of Christian service and the saving power of the Gospel.
Through our prayers, public witness, and solidarity with the unborn, the elderly, and all those whose lives are threatened by death as the proposed solution to problems, we seek to uphold the right to life and the dignity of every human being. We try to accomplish this within a variety of apostolic works and commitments including supporting crisis pregnancy centers and homes for expectant mothers, prayer and counseling at places where abortions occur, spiritual retreats for those who have been affected by abortion, and providing programs for inner-city youth.
The Constitutions and Directory of the Franciscan Friars of the Renewal provides that “with appropriate permissions, the friars do not hesitate to participate in acts of conscientious objection to actions that attack the inviolability of human life and seek to break the common bond of human solidarity.”
In this regard we recall the clear teaching of Pope John Paul II in The Gospel of Life who reminds us that abortion is a crime which no human law can claim to legitimize. There is no obligation in conscience to obey such laws; instead there is a grave and clear obligation to oppose them by conscientious objection. From the very beginnings of the Church, the apostolic preaching reminded Christians of their duty to obey legitimately constituted public authorities (cf. Rom 13:1-7; 1 Pet 2:13-14), but at the same time it firmly warned that "we must obey God rather than men" (Acts 5:29). In the Old Testament, precisely in regard to threats against life, we find a significant example of resistance to the unjust command of those in authority. After Pharaoh ordered the killing of all newborn males, the Hebrew midwives refused. "They did not do as the king of Egypt commanded them, but let the male children live" (Ex 1:17). But the ultimate reason for their action should be noted: "the midwives feared God" (ibid.). It is precisely from obedience to God-to whom alone is due that fear which is acknowledgment of his absolute sovereignty-that the strength and the courage to resist unjust human laws are born. It is the strength and the courage of those prepared even to be imprisoned or put to the sword, in the certainty that this is what makes for "the endurance and faith of the saints" (Rev 13:10). (Cf. The Gospel of Life, n. 73).
Therefore, remembering the pro-life witness of many who tried to rescue unborn children and their mothers from abortion, especially the inspiring activity of Bishop Austin Vaughn, Bishop George Lynch, and our own Fr. Benedict Groeschel, CFR we fully support our confrere, Fr. Fidelis Moscinski, CFR as he joins with others in the “Red Rose Rescue.” He, along with other individuals in a number of U.S. cities, has sought to persuade mothers seeking abortion instead to choose life for themselves and their babies. They have reached out with love and compassion and offered life-affirming alternatives, abiding in solidarity with the innocent unborn babies scheduled to be aborted.
Finally, as disciples of Jesus Christ and followers of St. Francis of Assisi, we call upon all people to acknowledge, respect, and zealously defend the right to life of our unborn brothers and sisters, to reach out to mothers and fathers in crisis pregnancies, and work together to build an authentic culture of life.