Pro-life pastor faces sentenced to 30 days in jail

by Carder and Jill

hoye 2.jpgUPDATE, 2/20, 7a: San Francisco Chronicle, today:

A pastor at a Berkeley church was sentenced Thursday to three years' probation and fined $1,000 after becoming the first person convicted under an Oakland ordinance barring protesters from coming within 8 feet of anyone entering an abortion clinic.

Walter Hoye could have faced up to 2 years in jail after a jury convicted him last month of 2 misdemeanor counts of unlawfully approaching patients at the Family Planning Specialists Medical Group....

The case was an emotional one, and pro-choice and anti-abortion advocates jammed the Oakland courtroom for the sentencing hearing. Dozens of people unable to find seats filled the hallway outside....

Hoye, 52, of Union City appeared ready to accept a jail sentence, telling Judge Stuart Hing ... "I believe that an unjust law is no law at all."

Hing said Hoye was by all accounts a "decent person." But illegal conduct is not justifiable when there are legal ways of protesting, the judge said.

hing.jpg

Hing asked if Hoye would abide by an order requiring him to stay 100 yards away from the Oakland clinic, and the pastor said no.

The judge then imposed the stay-away order anyway, fined Hoye and sentenced him to 3 years of probation and 30 days in jail. Hoye can serve his time in a sheriff's work detail or by volunteering.

The "medical safety zone" around abortion clinics was set by the Oakland City Council in 2007. Abortion protesters must stay at least 8 feet from women, staff or escorts entering the buildings....

Added InsideBayArea.com:

Supporters of both groups crammed the hallways of the... [c]ourthouse before the hearing and at times shouted at each other as they jockeyed for a spot in the 63-seat courtroom.

The tensions continued after the hearing as one anti-abortion advocate wrestled with sheriff's deputies as he shouted at the judge, condemning him for placing Hoye in jail, while others sang "We Shall Overcome."

Hoye's case, a misdemeanor charge, has garnered national attention from anti-abortion supporters, many of whom traveled from as far as Dallas to speak in support of the pastor, who they said was having his First Amendment rights taken away.

Hing also said he received stacks of letters in support of Hoye....

If Hoye is found approaching women at the clinic in the future, he would be in violation of his probation and could face additional time in jail.

Meanwhile, the Life Legal Defense Foundation is challenging the city's law in federal court.

California Catholic Daily carries another good story. Photo of Hing is courtesy of CCD.

Here's a a short YouTube clip of an interview conducted by Life Report with Pastor Hoye a few months ago, wherein he explains why he got involved in the pro-life movement...

_______________

2/16, 9:50a: The sign said, "Jesus loves you and your baby. Can we help?" It was held by Rev. Walter Hoye, who on May 13, 2008, was arrested for doing what he does a lot - standing in front of the Oakland, CA, Family Planning Specialists abortion mill offering leaflets with abortion alternatives information and holding that sign....

Only Oakland passed a "bubble law" to stop Hoye and other pro-lifers from exercising their free speech. So while Hoye has filed a lawsuit challenging the constitutionality of Oakland's law, he has meanwhile been found guilty of 2 counts of unlawful approach. Hoye's sentencing is scheduled for Febraury 19. He faces up to 2 years in jail and a $4,000 fine.

That Hoye received this verdict is even more ridiculous when knowing pro-lifers secretly videotaped the supposed incident, and the tape shows quite the opposite of what mill workers testified - under oath.

According to CA Catholic mill director Jackie Barbic testified:

[She] told the jury she came downstairs with a tape measure and told Hoye to back away from patients, staff and escorts. Barbic testified that Hoye then came very close to her, stared at her and made her and two escorts feel very threatened and intimidated.

"... Barbic... [said] Walter walked up to within a couple of feet of her, and she had to back away from him," said [Katie] Short [Hoye defense attorney from Life Legal Defense Foundation]. "Her voice actually choked with emotion as she recounted how frightened she had been. She didn't know that Walter had someone videotaping him that day. So on cross-examination, we showed her the videotape of the incident, showing her approaching Walter, and him not moving an inch toward her.

"Up until then, she had detailed everything that happened at the clinic that morning. But when she saw the tape that debunked her story, she said, 'Oh! I just remembered that there was another time later in the day when I was downstairs that he approached me.' We have videotape of Walter from when he arrived to when he left."

Here's another video clip from the day, which begs the question: Who was harrassing whom? It shows deathscorts stalking pro-lifers and holding their pro-abortion signs in front of the pro-life signs.

Read Pastor Hoye's documentation of his experience in Letters from a California Courtroom.

[Photo courtesy of RedCounty.com]


Comments:

No evidence required? It should be appealed. It may also be a sentence without a fine or jail.

Posted by: xppc at February 16, 2009 10:16 AM


Show of hands here:

Who thinks he voted for Obama?

Posted by: carder at February 16, 2009 10:24 AM


What's happening in this country as a result of Democrat control is akin to tyranny.

Keep pushing Dems until we can't take it any more and then you'll have a real crisis on your hands.

Posted by: HisMan at February 16, 2009 10:36 AM


I'm curious to know what the "pro-choice" signs said. "It's okay to murder your baby." I mean really, what else could they say?

Posted by: Kristen at February 16, 2009 10:43 AM


I saw Rev. Hoye on EWTN's coverage of the Walk for Life West Coast. I don't think he voted for Barack Obama. I also know that he didn't harass anyone as they claim, because of his extremely calm and happy demeanor during the Walk for Life.

If he is jailed, he will be a political prisoner, not unlike people who are jailed for criticizing the dear leader in fascist regimes.

Posted by: John Lewandowski at February 16, 2009 10:46 AM


Now this woman whose perjury has been proven will probably be the "star witness" that the judge uses to justify sending this peaceful man to jail.

Here's my take on it:

"Under a government who would imprison any unjustly, the true place of a just man is also a prison". R.W. Emerson

Posted by: Doyle at February 16, 2009 10:46 AM


Blessed are you when they insult you and persecute you and utter every kind of evil against you falsely because of me. (Mt 5:11)

I pray Rev. Hoye has a successful appeal. Sounds like the judge gave him good grounds to appeal by not giving the jury the definition they requested.

Posted by: Fed Up at February 16, 2009 10:51 AM


Hisman, very true.

...
Thats good they had the video tape. The radical pro-aborts who work at these mills are usually pathological liars.

Posted by: Jasper at February 16, 2009 10:56 AM


At least they are not hypocrits.

They lie to the new mom and they lie to the judge. The father of lies is the father of death.

Posted by: xppc at February 16, 2009 11:09 AM


Maybe I'm stating the obvious, here. But these deathscorts wear orange aprons that typically read PRO-CHOICE CLINIC ESCORT. If their role is literally printed on their aprons, what role are they fulfilling by holding their own signs and stalking a sidewalk counselor while blocking his sign.

By wearing one thing and doing another, their own behavior is a lie.

Posted by: Cranky Catholic at February 16, 2009 11:29 AM


Hoye was convicted a month ago. See http://www.lifenews.com/state3767.html

Posted by: Steven Ertelt at February 16, 2009 12:02 PM


WOW!!! Here is the truth on video. The demonic spirit of death and lies is so strong in this woman that she cannot stand to see women offered an alternative to murdering their unborn babies. I will be sending the word out to all prolifers I know. I am not very computer literate, but how do I send out the link to this youtube to people so they can see this? I am praying for Pastor Hoye. PP LIES, NOT ONLY LIES TO YOU, BUT LIES ABOUT YOU AS WELL. PP KILLS BABIES.

Posted by: Choose Life at February 16, 2009 1:53 PM


If the pastor goes to prison, pro-lifers will have a new reason to fight for their cause. Not only are unborn being killed, the people who oppose it are being unjustly silenced. This reminds me of the trial of Emmett Till as well as the martyrdom of many Asian missionaries. Their persecution led to a strengthening of concern for their cause. When people are persecuted for doing what they believe, they have the potential to become an icon for their cause.

In other words, if he goes to prison it's because God has a reason for him to be there. But as pro-lifers, we can't just let this event go unrecognized.

Posted by: Big Red Catholic at February 16, 2009 2:18 PM


This is so sad and rude!
everyone needs to band together to get this pastor out of this mess.

Posted by: Krystal at February 16, 2009 2:28 PM


The "pro-choice" has much in common with Islamic terrorists.
Both define innocence in a manner that allows them to tell themselves they do not condone the murder of innocent people.
The terrorist just declares that anyone who is not his or her brand of Muslim is not innocent. It matter not whether it is a man, woman or a child.
"Pro-choice" people (who are really only pro-choice when other makes choices they approve of) define down life saying "the bible says life began when God breathed life into Adam. Therefore life beings at baby's first breath." That way they can call themselves "Christian" while they smugly vote for anti-freedom, anti-health care choice, and anti-life Demoncrats.
In this particular case, juros were probably bullied into the guilty verdict by other jurors and the judge. Judges have a long history of threatening hold out jurors with jail if they don't change their vote. Judges don't want the "pro-choice" zealots knocking on their door at 2am with surprises.

Posted by: Mark at February 16, 2009 3:03 PM


I'm praying for him & family, too and have prayer requests out to many. Did anyone else read any of the comments in the CA Catholic Daily's article? One of the Life Legal Defense Foundation attorneys (Katie) responds to a comment about jury selection for the case:

She wrote: (Posted Monday, January 19, 2009 9:15 PM By Katie)
------, ironically, we had one man in the jury pool who made an argument for jury nullification. He said he thought the law was unjust and therefore he would not be able to vote to convict no matter what the evidence was. Needless to say, he was excused from the jury "for cause," meaning the judge himself did it. We also had two people in the pool who identified themselves as Catholic. They, too, were excused for cause after they said they were pro-life and didn't think they could be unbiased. One of them remarked, "I probably should be out there doing what he [Walter] is doing." I wanted to kiss him on his way out the door. By contrast, we had not one but two women in the jury pool who had worked "clinic defense" before. What are the odds? We also had several people in the pool who expressed an animus against Christians in general.
-------------------------------------

From LegalZoom: "A jury of one's peers does not mean a black defendant must be tried by an all black jury or a female defendant must be tried by an all woman panel. The objective is to select an impartial jury from a randomly selected juror pool who will be fair, listen to the facts of the case, and render a just verdict based on the evidence."---------------------

The persecution of this man is wrong on so many levels, but it certainly highlights many proaborts' most beloved principles: Free speech only if it's theirs, prochoice only if the choice is death (otherwise, what is the harm in letting women see Pastor Hoye's sign? How DARE someone offer a choice that doesn't involve dismembering their child?) and the jury selection was a farce.

Posted by: klyn73 at February 16, 2009 3:07 PM


Big Red Catholic,

Does the "Big Red" in front of your name mean you went to Cornell? If so, I"m afraid that means we're mortal enemies! :)

Posted by: Bobby Bambino at February 16, 2009 4:47 PM


Big Red could refer to "Nebraska",too, Bobby. The chant at UN-Lincoln sporting evemts is "GO BIG RED!"

Posted by: LizFromNebraska at February 16, 2009 5:22 PM


Reality, really? You support the jailing of innocent political prisoners? Or are you just being a troll? I can't tell.

Posted by: John Lewandowski at February 16, 2009 5:53 PM


She wrote: (Posted Monday, January 19, 2009 9:15 PM By Katie)
------, ironically, we had one man in the jury pool who made an argument for jury nullification. He said he thought the law was unjust and therefore he would not be able to vote to convict no matter what the evidence was. Needless to say, he was excused from the jury "for cause," meaning the judge himself did it. We also had two people in the pool who identified themselves as Catholic. They, too, were excused for cause after they said they were pro-life and didn't think they could be unbiased. One of them remarked, "I probably should be out there doing what he [Walter] is doing." I wanted to kiss him on his way out the door. By contrast, we had not one but two women in the jury pool who had worked "clinic defense" before. What are the odds? We also had several people in the pool who expressed an animus against Christians in general.

------------------------------------------------------

Here is a clue, if you have understand the historical legal principel of jury nullification, then do not advertise it when you are called for jury duty. Do not lie or deceive, but if you are not asked do not offer. The jury is the citizens last defense against prosecutorial misconduct and/or unjust laws.

If you are asked about your views on abortion and you are sure you will be excluded based soley on your views then take the opportunity to speak of the legal doctrine of jury nullification and hope there is at least one person with the good sense and the courage to apply it where it is appropriate.

Jurors have the right, some even say the obligation, to bring in a verdict in the face of the fact and the law, if they believe the law is wrong or the defendant was right in his actions.

People payed with their life to guarantee us the right of a trial by jury and the privelge of serving as a juror.

Laws can never guarantee justice. Only good people of conscience can do that.

yor bro ken

Posted by: kbhvac at February 16, 2009 6:04 PM


I have walked in brother Hoye's shoes. I have stood toe to toe, eye ball to eyeball with people who wanted to kill me and would have if they thought they could get away with it. It was only the fear of punishment that kept them in check. I have heard them hiss like snakes when as they recoiled at the truth. These are wicked vile people who have no interest in truth or liberty. They are only interested in having their way. They shallow wells of bitterness and hate.

It is really hard to love them even knowing that I used to be one of them.

yor bro ken
yor bro ken

Posted by: kbhvac at February 16, 2009 6:12 PM


kbhvac, I didn't realize you used to be pro-choice. What happened to make you convert?

Posted by: Lauren at February 16, 2009 6:23 PM


In one word. JESUS.

I just wish HE had finished the job.

Do not misunderstand me. I know my salvation is secure and my fate is sealed. No one, no thing, no disease, or struggle can separate me from HIS love.

But like every person HE has ever chosen to save, I am not yet what I will be. And the part that is not yet really wears on me.

Most if not all of you, who know HIM, know of what I write.

Nothing I have ever done since the moment HE entered my life can add one thing to HIS perfect work in me. It is all about HIM.

HE has paid my debt in total, past, present and future and there is nothing I can do of any significance except to acknowledge HIS sacrifice with a grateful heart.

yor bro ken

Posted by: kbhvac at February 16, 2009 6:40 PM


I've got all night, kbhvac. Start at the beginning...

Posted by: carder at February 16, 2009 8:10 PM


Ken, you're exactly right about the jurors, and in response to Katie's post (on CA Catholic Daily), another answered quoting Mt 10:16 about being wise as serpents and harmless as doves...unfortunately the juror advertising his knowledge of jury nullification missed the first part.

Now, as far as Jesus finishing the job w/you, as you already know, all believers are in the same boat, works in progress! :)

Phl 1:6 being confident of this, that he who began a good work in you will carry it on to completion until the day of Christ Jesus.

Don't know where you hail from, or if you enjoy this type of comedy, but as an Army vet, I appreciate Mark's reminder of our time on earth as merely boot camp.
http://www.youtube.com/watch?v=S801KPX-PgE

Posted by: klyn73 at February 16, 2009 8:11 PM


Sometimes I just want to go HOME....this world is not my home.

Posted by: Carla at February 16, 2009 8:37 PM


I hear you, Carla. But we must encourage each other & not become weary in doing good. Just to know that so many others feel moved to fight for the unborn, even at the risk of extreme personal sacrifice like Pastor Hoye, is heartening. I'm praying God will continue to use him mightily; I can only imagine how trying a time this must be for him and his family.

Posted by: klyn73 at February 16, 2009 9:09 PM


Ken... hugs. We are all works in progress, dear brother.

We need to all pray for this dear pastor who has done nothing wrong, but has spoken truth.

Honestly, could he have possibly had a less offensive sign? Unless, of course, life itself offends... which it obviously did for these people.

Posted by: Elisabeth at February 17, 2009 10:28 AM


"Here's another video clip from the day, which begs the question: Who was harrassing whom?"

Not to be pedantic, but shouldn't this be "raises the question"?

Posted by: Chris at February 17, 2009 3:10 PM


Yeah, you're correct Chris.

Posted by: Bobby Bambino at February 17, 2009 3:17 PM


That court room in Oakland should have been packed with protesting Christians !

RIGHT HERE IN AMERICA by Larry Norman

There are Christians in Russia, they meet underground,
In China they're killed when they're found.
And in Cuba the Christians live up in the hills
Because it's not safe in the towns.

And to think it might happen right here in America,
I know you think it's not true,
But it's happening to Christians right here in America,
Wait 'til it happens to you.

The Christians in Berkeley are passing out Bibles
And food to the hungry
They're hoping to help out the people this way.
But there are threats of the lives
Of their leaders and wives,
They're not welcome to stay.

And to think it might happen right here in America,
Maybe you think it's not true,
If you it's not happening to Christians right here in America,
Wait 'til it happens to you.

There's an underground church and it's following Jesus
And hoping to meet people's needs
But we don't have the time to build nice little churches,
Besides we don't need to -
We're holding our church in the streets.

And we are passing out leaflets and underground pamphlets
From Buffalo to Monterey
And we're talkin' 'bout Jesus and all of a sudden
We're arrested and taken away.

So I ask you, America, where do you stand?
Your people are starving, they're beaten and they're raped
And they're dying in jail cells, so what are your plans?
I'm not talking to congress or you politicians
Or Panthers or Muslims or Nixon or Birch,
I'm addressing this song to the church.

'Cause I've been in your churches and sat in your pews
And heard sermons on just how much money you'll need for the year.
And I've heard you make reference to Mexicans, Chinamen,
Niggers and Jews
And I gather you wish we would all disappear.

And you call yourselves Christians, when really you're not,
You're living your life as you please.
If you're really a Christina, then put down yourself
And follow wherever God leads.

I'm not talkin' religion, I'm talkin' 'bout Jesus,
Put all your plans on the shelf,
Let's stop marching for peace, and start marching for Jesus
And peace will take care of itself.

Well, I pray that we Christians will get off our sofas
And stand up for what we believe
The time is too short, and Christ is returning
We'd better get ready to leave.

We who are Christians should turn on the light,
So the truth will shine bright as the day
Jesus will come like a thief in the night,
And he'll steal all who love him away.

There are Christians in Russia, they meet underground,
In China they're killed when they're found.
And in Cuba the Christians live up in the hills
Because it's not safe in the towns.

And to think it might happen right here in America,
I see you shaking your heads and I hear you saying
It just can't be true.
But it's happened to me right here in America,
Wait 'til it happens to you

Posted by: John in Texas at February 19, 2009 6:37 PM


Carla,

Ikwym about not feeling at home as well. :(

Posted by: Pansy Moss at February 20, 2009 7:49 AM


This really is adverse publicity for the liars that claim self righteousness and free speech.
No tolerance!!!!!!

Posted by: xppc at February 20, 2009 9:53 AM


This really is adverse publicity for the liars that claim self righteousness and free speech.
No tolerance!!!!!!

Posted by: xppc at February 20, 2009 9:53 AM


Thanks, Pansy.

Posted by: Carla at February 20, 2009 10:20 AM


"But like every person HE has ever chosen to save, I am not yet what I will be. And the part that is not yet really wears on me."

ken, (Blessed) Mother Teresa of Calcutta said "God does not expect us to be successful -- He expects us to be faithful." Keep up the good fight. A saint is a sinner in formation!

Posted by: Eileen #2 at February 20, 2009 12:41 PM


God Bless Pastor Hoye!

Posted by: Eileen #2 at February 20, 2009 12:42 PM


I will guarantee this. The God of heaven is not happy with this. How do I know this? Because His word is clear:

Psalm 106:37-39 "37 They sacrificed their sons and their daughters to demons. 38 They shed innocent blood, the blood of their sons and daughters, whom they sacrificed to the idols of Canaan, and the land was desecrated by their blood. 39 They defiled themselves by what they did; by their deeds they prostituted themselves."

Proverbs 17:26 "26 It is not good to punish an innocent man, or to flog officials for their integrity."

Proverbs 18:5 "5 It is not good to be partial to the wicked or to deprive the innocent of justice."

Isaiah 29:20-22 "20 The ruthless will vanish, the mockers will disappear, and all who have an eye for evil will be cut down- 21 those who with a word make a man out to be guilty, who ensnare the defender in court and with false testimony deprive the innocent of justice. 22 Therefore this is what the LORD, who redeemed Abraham, says to the house of Jacob: "No longer will Jacob be ashamed; no longer will their faces grow pale."

James 5:5-7 "5You have lived on earth in luxury and self-indulgence. You have fattened yourselves in the day of slaughter. 6You have condemned and murdered innocent men, who were not opposing you."

San Francisco, you perverted whore, your days are numbered as you teeter on the earth's ring of fire tempting the Lord of the Universe to reign down His wrath on your perversion. I'd be moving from that part of the country if I lived there.

Where are the protests from the Christian church up there? The Lord is going to vomit all you lukewarm beleivers who have done nothing out of His mouth.


Posted by: HisMan at February 20, 2009 2:02 PM


God bless this brave and Christian man!!! My prayers are with him and his family!

Posted by: Germaine at February 20, 2009 2:33 PM


Yes, Germaine, God bless him! I don't know if I would have had the courage to live my faith the way he has. God bless him!

Posted by: Fed Up at February 20, 2009 3:25 PM


In Canada we do not have an abortion law. That means it is available to anyone, at any point in the pregnancy. I see that you are struggling with the same issues in the US as we are. Pro death supporters are given more rights than Pro Life. Henry Morgantaler, the death doctor who had the abortion law in Canada struck down in the courts has been honoured with a honourary degree at Western University in London, Ontario and has been given the order of Canada. We will continue the fight and must pray for the government, the poor women who feel they have no other choices as well as for the misguided souls who aid this travesty. God can use us mightily, we must persevere. Walter is an example to all of us. His loving attitude is an inspiration. We will pray for him and that justice will prevail.

Posted by: Anonymous at February 27, 2009 9:04 AM