file: /pub/resources/text/ProLife.News/1991: pln-0103s.txt ---------------------------------------------------------- -------------------------------------------------------------------------- ProLife News SPECIAL ISSUE Vol 1, No 3 -------------------------------------------------------------------------- Pro Life Prisoners in Pittsburgh: The following two announcements are concerning people in prison for following their conscience and attempting to rescue unborn children from abortionists. These cases are dear to me, as they are in my home town. There are numerous cases like this all over the country, but I mention these because a) I have some information, and b) the cases are pending, and any action such as letter writing, or prayer will make a difference. --------------------- Mark Nelson ---------------------------------------- On September 27, 1990, Mark Nelson was sentenced to serve 4 to 12 months in Allegheny County Jail for participating in a rescue in September of 1989. This sentence was harsh, and appears to have been intentionally imposed so as to set an example for other rescuers. Since Mark is a non-violent first-time offender, normally he would have been released after having served his minimum sentence. AFTER SERVING FOUR MONTHS, THE JUDGE ORDERED MARK TO REMAIN IN JAIL. The warden of the jail personally appeared at a hearing to testify that Mark should not be released. The reason they gave for keeping Mark in prison is that he will not cooperate. Mark went limp to the ground when sentenced. This form of non-cooperation is practiced by some pro-lifers to indicate their solidarity with the unborn children who are given no rights over their bodies, and are thus executed by abortionists. For this action of non-cooperation, Mark was placed in the Mental Health Unit of the jail. Mark has refused to cooperate with the psychiatric evaluation which is required in order for him to be released from the Mental Health Unit. The Warden must have the Doctor's approval to release him, but the doctor will not give his approval unless Mark completes the evaluation. It is the conviction of those who are protesting Marks continued extended sentence, that he is being personally harassed by the Warden, who wants complete control of the protestors. [If I recall correctly, this same Warden has a federal suit being filed against him for cruelty toward several women rescuers who were beaten and threatened with rape if they did not cooperate. This occured in 1989, and is still in court.] It is the conviction of those able to speak for Mark that his protest is a matter of conscience, and he is being mistreated by those who should release him. In one sense Mark cannot be harmed. He has suffered physical discomforts and personal mistreatment, but his convictions are unshaken. he speaks regularly to the prison staff and other inmates of his convictions. Despite Marks internal strength and convictions, we must recognize the injustice being done to him: He is a first-time offender on misdemeanor charges. Such charges commonly result in probation, where Mark has received 4-12 months in jail. Will you help by speaking on Mark's behalf? Please do not remain silent. Those who seek to destroy family values do not fear those who remain silently opposed. They do fear those who are bold enough to speak out like Mark, those who are willing to sacrifice and to suffer in order to re-establish protection for the unborn. THESE ARE THE FACTS: - Mark has been held in the Mental Health Ward for over four months because he will not take a psychological test not regularly administered to inmates. - Mark was initially placed in the Mental Health Unit as a result of practicing non-cooperation as a means of acting in solidarity with the helplessness of the unborn. - Mark was denied all visitors for the first three months of his incarceration. - Mark was denied the opportunity to present the justification defense at his trial, and was prohibited from stating the position of his conscience that babies have a right to be saved from death. WE ARE ASKING YOU TO RECOGNIZE THE INJUSTICE BEING DONE TO MARK AND TO SPEAK OUT ON HIS BEHALF! write: The Honorable Donna Jo McDaniels Allegheny County Courthouse, 436 Grant Street, Pittsburgh, PA 15219 and call (412)355-5434 Warden Charles Kozakiewicz Allegheny County Jail, 440 Ross Street, Pittsburgh, PA 15219 and call (412)255-0100 -------------- Mike Schmiedicke and Kevin Cleary ---------------------- Mike Schmiedicke and Kevin Cleary, both associated with the Fransican University of Steubenville are in the State Penitentiary for their efforts to save unborn children in June of 1989. Judge James sentenced Kevin to 6-24 Months and Mike 12-24 months. They had been arrested with 45 others after they had locked themselves to a car in order to prevent access to an abortion clinic. In subsequent trials related to other pro-life activities, Mike was given an additional 1-2 years of consecutive probation, and Kevin was given two years of concurrent probation. These are among the more severe sentences imposed on pro-life advocates in the country. Mike and Kevin are seeking pardons from the Commonwealth of Pennsylvania for the offenses of which they have been convicted. They have committed NO CRIME! They are imprisoned because they attempted to save the lives of innocent children who were scheduled to die by abortion. They were willing to intervene, where the public authorities are unwilling to protect the lives of the innocent. One of the most basic principles in American law has been the principle of justification. Common law has clearly established that violations of minor laws are allowed for the sake of preventing harm or injury to other individuals. This same principle applies to the actions of Mike and Kevin: while they were saving the lives of unborn children, they violated the laws of trespass. These and other valid (minor) laws should be suspended in light of the fact that human lives are in imminent jeopardy. The state and county courts refuse to apply this well-established principle to pro-life rescuers. THIS IS A GROSS INJUSTICE! In addition - the sentences imposed are excessive with respect to the crimes allegedly committed when compared to usual sentencing practices. The charges they have been convicted of are misdemeanors. They are being punished by the Allegheny County Court because, by their actions, they oppose the pro-abortion agenda. MIKE and KEVIN deserve to be pardoned, above all else, because they are not guilty. Please consider the sacrifice Kevin and Mike are making. Please help them by writing to the pardon board members, and Governor Casey, requesting their pardon. Letters should be mailed by 15 May, 1991. If you are a registered voter in the Commonwealth of Pennsylvania, please make that known. At this time, Mike and Kevin have been prisoners for six months. YOUR LETTERS ARE ESSENTIAL FOR MIKE AND KEVIN'S RELEASE! Governor Robert P. Casey 225 Capital Bldg., Harrisburg, PA 17120 Lt Gov. Mark Singel Main Capital Bldg., Harrisburg, PA 17120 Atty. Gen. Ernie Preate 15 Strawberry Square, Harrisburg, PA 17120 Thomas Frame 501 South Wawaset Road, West Chester, PA 19382 Daniel Menniti 140 East Pomfret St. Carlisle, PA 17013 Ronald Harper, esq. 140 Maplewood Ave. Philadelphia, PA 19144 For further information on either of these cases, contact: Christian P.L.A.N PO Box 4515 Steubenville, OH 43952 or call (614) 282-BABY or (412) 486-9424