Tag Archives: Allison Aranda

State of Alabama catches unlicensed abortion provider red-handed

dianederzisAL.com reported today:

The state of Alabama has uncovered a business relationship between the doctor of a clinic accused of being an unlicensed abortion provider and the woman who surrendered an abortion provider license for the Southside facility a year ago.

In a court filing last week, the state says that Dr. Bruce Norman is contracted with a Georgia company headed by Diane Derzis [pictured above right] to provide staffing, supplies, medication, medical malpractice insurance and workman’s compensation — “in short to manage Norman’s practice conducted at 1001 17th St. South.”

In previous court filings, Derzis stated there was no relationship between herself and Norman.

Derzis, owner of the New Woman All Women Health Care abortion clinic in Birmingham (also owner of the last remaining abortion mill in Mississippi) surrendered her clinic license last year after the state launched revocation hearings following a 76-page deficiency report filed by the Alabama Board of Health that found, according to LifeNews.com:

… inadequately trained staff; failure to have policy and procedures related to medication errors and the administration of medications, which resulted in the hospitalization of three abortion patients, one of whom was placed in the ICU; no documentation indicating that Derzis’ two abortionists were even licensed to perform abortions; inadequate preparation and administration of drugs, which led to [two] overdoses and inadequate pain management; and use of uninspected equipment.

But in March pro-life activists learned the clinic was still illegally open. Authorities were alerted, and the Board of Health filed a complaint to shut it down – again.

normanIn a motion to dismiss that case, Derzis’s attorney claimed she was no longer connected to the clinic and that it was run entirely under the direction of abortionist Norman, pictured right. Norman claimed he committed less than 30 abortions a month and, therefore, did not have to be licensed.

But kudos to the state for investigating and connecting the dots, the evidence of which it has asked to be added to other evidence in a trial set for August 5.

Life Legal Defense Foundation has been a force behind closing Derzis’s clinic all along the way. Its senior staff counsel, Allison Aranda, further explained the latest in an email to me this afternoon. In particular, she responded to my question whether Derzis could be jailed for lying that she no longer had connections to the clinic:

False testimony and/or statements must be made under oath in order to be punished as perjury in a criminal court.  As far as I know, the statements were made by her attorney in a motion to dismiss.  There was no attached declaration signed by Derzis making the claims under penalty of perjury.

Also of note is the fact that Diane’s attorney withdrew the motion to dismiss (the document in which Diane purportedly made the claims disassociating herself with Norman’s office).  So technically the court never issued a ruling on the information.

I do think that it is significant that Derzis lied (likely to her attorney or he should be in trouble for making those claims knowing they were false).  The court is not going to trust her or her attorney after a blunder like this.  Rest assured the court will hold them to the strictest evidentiary rules at the trial set for August 5th.  After these, not merely unsubstantiated claims, but rather blatantly false claims, the court will demand full proof that Norman is performing less than 30 abortions in any two month period and will order Norman to cease employing any of Derzis’ staff.  The court will most definitely order Derzis to cease providing employees to staff the Norman office and will demand proof of the extent of her business relationship with Norman.

But Derzis’ conduct is sanctionable by jail time already.  We should be calling on the local prosecuting agencies to go after her in criminal court in addition to the civil action brought by the ADPH.

See these portions of the Alabama Code dealing with unlicensed hospitals and violations of the rules and regulations adopted by the Board of Health below.  I think more pressure should be put on the Jefferson County Attorney’s Office to prosecute Derzis!  I’m drafting a letter to send to the DA/CA’s office.  We are also filing an amicus brief in support of the ADPH’s request for a permanent injunction against NWAW, Derzis, Norman, and now the Georgia Clinic.

22-21-33.  Unlicensed hospitals.

(a) Any individual, association, corporation, partnership, limited liability company, or other business entity who operates or causes to be operated a hospital of any kind as defined in this article or any regulations promulgated hereunder, without having been granted a license therefor by the State Board of Health shall be guilty of a Class B misdemeanor upon conviction

§ 22-2-14.  Rules and regulations; violation.

Any person who knowingly violates or fails or refuses to obey or comply with any rule or regulation adopted and promulgated by the State Board of Health of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, if the violation or failure or refusal to obey or comply with such rule or regulation is a continuing one, each day’s violation, or failure or refusal shall constitute a separate offense and shall be punished accordingly.

[HT: Fr. Terry Gensener; top photo via mpbonline.org]; bottom photo via abortiondocs.org]

Obama administration’s harassment of pro-lifers gets personal

On July 13 FBI agents Conrad Rodriguez and William Sivley paid a visit to my son-in-law, Andy Moore, at his home.

Andy is a pro-life activist who prays and protests outside the Southwestern Women’s Surgery Center abortion mill in Dallas, where late-term abortionist Curtis Boyd freely acknowledges he “kill[s]” children.

Agents Rodriguez and Sivley told Andy three red flags prompted their visit:

  1. His use of a megaphone outside the mill, a one-time event on March 31, which he stopped and never repeated after police told him he was violating a noise ordinance.
  2. A complaint by the clinic manager that Andy trespassed, which he did not. There was no evidence, yet police gave Andy a warning: “I asked the officer multiple times, ‘Why are you giving me this warning, as I did not trespass?’ All he would tell me was, ‘I’m giving you this warning.’ He did not answer my question.”
  3. Unsubstantiated complaints that Andy may be too aggressive. “One of the agents told me it is acceptable to be aggressive, however there is a line. He gave examples of things which would cross the line, such as making threats of violence, or obstructing vehicle access – violations of the FACE act. I told him in no uncertain terms that I had never done anything like this and had not considered anything like this either.”

Obviously, the charges rose to the level of nada to begin with, certainly not above local law enforcement’s pay grade. Thankfully, Andy videotaped his one and only foray into megaphoning, which was clearly tame and polite:

YouTube Preview Image

But the FBI used these as an excuse to knock on the door, nerve-wracking to begin with, and followed by asking totally inappropriate questions clearly aimed at intimidating Andy, while also launching into a  fishing expedition about me. Per Andy and my daughter, who was home at the time,  here were questions the agents asked:

  • What affiliations do you have including church groups?
  • How long have you known your wife?
  • What belief system makes you believe in your cause?
  • What is your goal in protesting?
  • Do you know why people would make complaints against you?
  • Are there friends of yours or people you’re connected with that you could confidentially tell us are aggressive or abrasive? “Don’t be afraid to tell us.”
  • Are you involved in activism in Austin, since we noticed some entries on abortionwiki?
  • They were REALLY interested in the connection to Jill Stanek – details of internship, New Zealand speaking tour visit, did you get your activist and pro-life ideas from her? Did she train or teach you? Did you meet Jill before or after you became involved in the movement? Was it Jill who “fired you up” to become so active in the movement?
  • They were overly nice saying he wasn’t in trouble and feel free to tell us anything. Encouraged him to keep going back out there, that they represent both sides. ++they are protecting his freedom of speech++ is what they kept saying.
  • They said their task force that deals with these abortion cases also handles Hate Crimes and White Supremacy. Odd grouping with pro-lifers.
  • They knew he was an immigrant.  They said a felony on his record could/would get him deported. “You wouldn’t want to be apart from your wife and newborn.”

Life Legal Defense Fund, one of the pro-life legal firms that has successfully defended pro-lifers against prosecution by Obama’s Department of Justice, has now taken Andy under its wing. Senior Staff Counsel, Allison Aranda, shared her insights in an email:

The Obama administration is essentially engaging in a witch hunt.  From the moment the new administration took office, the DOJ has been targeting peaceful pro-life sidewalk counselors.  They have come out guns blazing on several occasions often bringing allegations that could later not be substantiated or in some cases clearly proven to be false.  Their weapon of choice – the FACE act.  The DOJ is using tactics that amount to legal extortion.  They have filed these frivolous claims against innocent people who don’t have the finances to hire big shot attorneys.  The DOJ then kindly offers to settle the case if the counselor simply agrees to stay so many yards away and pay a couple thousand dollar fine.

Pro-bono legal foundations like LLDF, Alliance Defending Freedom, and Liberty Counsel have taken a stand to defend these innocent pro-lifers.  Thankfully the sidewalk counselors have either had witnesses or video evidence to defend their actions.  The DOJ has outright dismissed charges in two cases, walking away with egg on their face.  In one case, a federal court judge issued a scathing opinion questioning the motives of the DOJ for bringing such unsubstantiated charges in the first place.  The judge suggested that there might have been a conspiracy between the government and the abortion clinic to violate the free speech rights of the pro-life advocates.

It now seems that the unscrupulous Eric Holder is at it again.  This time when the government determined that the evidence wasn’t quite what they thought it would be to proceed on a FACE claim against Andy, they turned their intimidating interrogation into a fishing expedition about the personal life of Jill Stanek.  Targeted bullying by our government because of an individual’s viewpoint and willingness to share that message in the public square is intolerable.  LLDF is committed to aggressively defending the rights of pro-life advocates.  We will not back down, and we will not be threatened.  We will continue to fight so that the freedoms of all are protected and preserved.

It stands to reason that the Obama administration would be interested in me.  This has probably been a long time coming.  But to reiterate Allison’s point, we will not back down, and we will not be threatened.