58
a Federal right in this land as any of our other rights. Thank you
very much.
Mr. Patrick. Thank you, Mr. Chairman.
Mr. SCHUMER. OK, I think, this is an opportune time to break
because we have a vote. Let's try to resume in about 10 to 12 min-
utes. We are in recess.
[Recess.]
Mr. ScHUMER. OK, the hearing will come to order.
And I would like to call our second, very patient panel to the wit-
ness stand. It consists of four people. Would they please come for-
ward? Dr. Klopfer, Ms. Taggart, Ms. Hill, and Sergeant Walsh.
OK, our second panel consists of people on the front lines of abor-
tion clinic violence, people who risk their lives working to ensure
that the theoretical right to choose has an actual and real-world
meaning.
First, we will hear from Dr. George Klopfer. Dr. Klopfer com-
mutes between a clinic in Fort Wayne, IN, and a clinic in South
Bend, IN, because there are no longer enough doctors willing to
perform abortions.
Second, we will hear from Linda Taggart. Ms. Taggart is a reg-
istered nurse and the administrator of the Ladies Center in Pensa-
cola, the clinic at which two people were murdered this last July.
Third, we will hear from Sgt. Bill Walsh. Sergeant Walsh serves
on the Fort Wayne, IN, police force.
And, finally, we will hear from Ms. Hill. Ms. Hill owns seven
clinics around the country, all of which have been the target of
antiabortion protests.
Because of all these votes we are having, we are considerably be-
hind schedule, and so what we will ask each of the witnesses, to
keep the testimony to five minutes. And I am going to enforce the
5-minute rule for all the Members here in terms of questions as
well.
So, Dr. Klopfer, the microphone is yours, and your entire state-
ment will be read into the record. Please proceed as you wish.
STATEMENT OF DR. GEORGE KLOPFER, FORT WAYNE
WOMEN'S HEALTH ORGANIZATION AND SOUTH BEND
WOMEN'S PAVILION
Dr. Klopfer. I want to thank the members of the committee for
inviting me
Mr. ScHUMER. Pull the mike a little closes.
Dr. Klopfer. I want to thank the members of the committee for
inviting me to talk on behalf of all abortion providers in the coun-
try who face the continuing trials and tribulations on a daily basis.
I am a member of the select nine that got the letter, except mine
was mailed from my hometown rather than from Phoenix, AZ, so
it was hand delivered or networked.
The violation of our rights is the reason we are here, and to dis-
cuss the fact that local law enforcement officials do not choose will-
ingly or for whatever else reason to protect abortion providers. We
are the outcast. We are the black sheep. We are the stepchild. We
are whatever. Hopefully, we close our eyes and keep them closed
long enough or stick our head in the sand, we will go away.
59
Obviously, with the episodes in 1993 and 1994, if we wait long
enough probably all physician-providers will be shot, and then the
freedom of speech episode will not be discussed any more.
I experienced the — ^not the physical violence and the shooting
that Dr. Britton and Dr. Gunn experienced, but I have had the
physical violence to clinics and to my property as well as the death
threats. The death threats come when you are surrounded by indi-
viduals who will openly tell you they are going to break your neck
like a twig and/or stuff you in a garbage can and roll you down into
the river.
It is this constant harassment on a daily basis that takes its toll
not only on the physician but the family, the clinic staff and the
surrounding individuals that are affiliated with the clinics.
In these times, one would hope that elected officials, especially
in the law enforcement agencies or in the judicial system, whether
on a local. State or Federal level, would have the foresight to real-
ize that if we violate the rights of one individual for the sole pur-
pose of making us look good in another episode, we denigrate the
whole law of society. Because today it may be me, and after you
have gotten rid of me and gotten rid of all the other abortion pro-
viders, who will be next? That is the tragedy as far as I am con-
cerned in these local law enforcement officials not doing their job.
We have — in my paper, I have pointed out many, many episodes.
Mr. ScHUMER. Could you elaborate on a few of those for those
who do not have the testimony in front of them?
Dr. Klopfer. One episode that I did mention, I did mention at
the beginning, on Mother's Day in 1993 we had some cooperation
with the South Bend Police Department, our attorney and the
Saint Joe County Sheriffs Department where CALL, which is a
Collegiates Activated to Liberate Life, had a major demonstration
at the South Bend clinic. This was diffused because the police de-
partment finally chose to protect our rights and we diffused their
demonstration and blockade.
Mother's Day in 1993 I got a call at 6 o'clock at night. I was at
home cutting grass. The administrator, my business partner, called
and said that the clinic had a major acid attack. The HAZMAT
team was there. I drove from my home to South Bend, and when
I got there the fire department would not let us into the facility be-
cause the HAZMAT team had not arrived yet. Apparently, several
liters of butyric acid — or what we suspect was butyric acid — was
dumped into the clinic, and water was inimdated into the clinic
where we had building damage to the tune of $60,000.
We were then closed for roughly seven weeks for reconstruction
and rehabilitation after the insurance company came short of ac-
cusing us of doing the damage deliberately.
The evidence gathered by the HAZMAT team and the South
Bend Police Department was supposed to be sent to the crime lab,
and it conveniently disappeared, whether in transit from the clinic
at city hall or the police station or enroute to the crime lab. I have
no illusions.
The other major episodes, since I am sure members of the non-
violent prolifers are here, we had a Catholic priest with the Lambs
of Christ invade the clinic where he threatened our employee, pre-
tending to have a gun in his pocket, and he told her — ^this is a
60
woman 4 foot 8, weighs about 90 pounds — that he would shoot to
kill her if she did not let him in. And then he proceeded to come
in with his fellow thugs, destroy the clinic inside and then chain
themselves together.
This episode took dVz hours, together with 17 people, and then
these people were only held in jail for 5 days. No criminal charges
were filed. They were given a slap on the butt and sent out of town.
At the same time, a professor of law from Notre Dame University
had the audacity to put in the South Bend Tribune that these were
the finest people he had ever met. And I have a problem with a
professor of law or a lawyer not defending them, but I have a prob-
lem with giving them the courtesy of saying they are fine people.
The terrorists who bombed the World Trade Center, were they
fine people? Depending whom you ask, I suppose.
I would like to see the FACE bill be vigorously enforced only for
the purpose of violent acts, and I reemphasize violent acts. Some-
body driving a car into a clinic building, somebody blockading clinic
doors, someDody defacing property, physically is a violent act. They
do not have to break my arms. They can break me financially and
do the same thing.
Thank you.
Mr. SCHUMER. Thank you. Dr. Klopfer.
[The prepared statement of Dr. Klopfer follows:]
61
I want to tak« the tlire to thanX the manbars of the Committee on the
Judiciary fcr inviting ne to epealt on behalf of the phyalclans who provlda
abortion sezvicea who f*c« the continuing triaia and tribulation* on a daily
baais. As a nenber o: a selected hanaCul of targeted physicians for asaasinatlon
by the more aggreaaive and violent anti-choice radicals.
The violation of rights extend the whole ganut from failure to enforce laws
that are presently and have been passed many years ago, as well as outright
^.a^a88l>1ent in the form of local entities pursuing a plan of violation of civil
rights, using the mail for extortiont and outright fraud, and encouraging others
to violate these statutes with failure to prosecute effectively or not at all to
the deterinent of all abortion providers in this country.
In tines past, the Federal Government has had to encourage, cajole, or
demand that local authorities enforce all lawa equally and justly, no natter how
much one aspect of sasa may not be to the liking of the local officials, whether
they be judges, prosecuting attornys, nayors, public safety directors, or the
sollcatnan or sheriff a deputy that takes it upon hlnsalf not: ta anforea tha atatu te.
It is tragio that in these enlightened tiaes, a small eegnent of the population
whloh ohoosaa not to abide by the lavs of eeelaty adveoataa the murder of anyone and/or
anybody who dees net suberUse to their brand of religion. Till menbere of eoeiety aruat
obey the fabrio e< etatutery law that ^evaxne, etherwiee the daetruotien of any aeaiaty
ia imninent and obaes and anarohy will raault.
85-352 0-95-3
62
Hy trials, harassaent, denials of due pxocoso of lav, «nd ether ;ntlti«B
c£ persecution started in 1979, at tne r.ands of t^a illlr.cls xttomey 3«reral, ond
ether branches of the Illinola State Governneri's. Having provided services for indigent
wonen in January of 1978, through March or 1979, undar Federal injunction to this date,
I an attll awaiting paynent. Requesting explanations ar.d due proceao, tcok fron 1981,
'til the first hearing in 1986, "til the first adverse deciaior. in 1990. Th» atte::\?t
to work within the systen has been ar. ab^ec^ failure ar.a broug^.t dawr. the wrath ar.d
pjrauit by multiple agencies In the state government to encourage by any means, l.s.,
subrersion, coercion, threat 8, and outright Intialdation to drive ce cut of the state
at least in the fashion to maXe any possibility of p rsulng my asdical profession
either iatpossible or to banltrupt ne through legal fees and years m the justice
system.
This vitriolic attack upon Hy parson and ability as a health care provider
has extracted a heavy toll froir. ne, my family, and driven many physicians to cease
and desist in order to Survive financially, and preserve their sanity, faally life,
ar.a protect their loved ones frota constant attacks, whether verbally in printed word
or phyoioally or all of than together.
No Federal, State, or local official and/or airjloyea, has gone 15-l/2-year8
without a payohaok, and it Is ineoncaivabla that these same entities feel It is
juat and tight to den/ a health o«ra provider any renumeration fcr services provided
under a Faderal Injunotien and wharaas a portlen of those funds vera raeaivsd from
tha Federal CoTernaent.
The upaur^a in violence, crininal bahavlor, property daatruotion, stalScin^,
death threatha and bodily har:a took a ballii«tia rise in tha mid>80's. Vharaaa tha
anti-choice movement did not realise tha hop«3 for la^al abolishment of abortion,
they resorted to whatever means poaaible to aohieve their ebjeetivea.
•2-
63
stalking phyeloian* end alinlc staff, fanily itembers, as wall S8 clients
becoir.e th« norm rather than th« •xoftption. D ia-informatior, outricht lies, false
literoturo, defamation of oharaotar, all of these vera in their armamfintarlujr of
the ontl-choisa Tnovement , Peroonally, in the laet five yaart the following events
hnve tra/iapired ooartooy of the hate groups, that wieh to aee ma either ahc^ er
permanently disabled. The local authorltlea, for many years, have loolefid upcn
these protestors as people exereialn? their firat asien^tmant rights, but when I
did the sase, i.e.i exercise m/ free<San; of speech, I am classified as b«ing
"vclitlle, an instigator, and troubleniaXer . " - In Tort Mayne. This oomeo ae
courtesy oi net only the local police orflciala, bat also the D. 3. Attorney and
the P.B.I. I was not aware ::hat the rirst Amendment had gradationa ae to who
could and vho couldn't exercise these rlgnte.
In 1983, the stalking at night, the inafitllty to freely travel wioxjut
being followed became a reality. The culmination of their efforts against another
physician by N.E.I.R. caused htn to resign his position and allowed N.E.I.R. to
provide the fall attention of their attacks upon me. As the only physician to
provide service at Ft. Wayne K.H.O., they nade sure to increase the verbal attacks,
stalking me for distances up to fifty or sixty miles, flattening my tires with
roofing nails, or stealing the valve stens whether 1 was in South Bend, Goshen,
twenty miles away, or in Ft. Wayne, did not deter ther., either through networking,
or individually stalking me. When 1 stayed overnight in Ft. Wayne, my car was
injindated with red paint, my locks were filled with acrylic 91ue, to prevent
oeving the vehicle in the aerninQ, or spray paint it with old oil, lacquer, or
any ether foul aubstanea they could think of to incapacitate my vehicle, and
thereby, ma.
64
One tinre, they bloc);adefl ny veMcle, and the- 6;=le ry cor Xsys and noney.
Even though I gave a description cJ the person, ani r.ar.e, *.(^ local authcritieo,
they falloa to prosacute tnls individual "becauae he turned t.he Keys irto another
police station eight hours later;:!" This same inflivldual vas later civan thrae
felony convictions as defines Sy rederal aiatutes, and wa« releaaed after three
ror.ths -vithO'Jt any parcle stipulations, oecause T.e c^.ose nci to, and the sy«-eni
in Ft. Wayne either is afraid cf hie political influence, or aoes net care because
the crir.es were conmitted against an abortion provider, rnis same ir.dlvidual
stalled me to restaurants, shopping centers, vs-hcrever; but again, tr.e local
authorities chose not to enforce local a.idl state antl-stal!<ing statutes, or tne
redaral Injunction, because cf the nature of the service that I and Ft. Wayne
W.H.O. prcvlde. I have had local police officers state unequivocally to my face
rhat "they are the law, and will do as they please, no aatter what the intent of
ths Federal Injunction or laws nay be." It is this yinfi of attitude that permeates
£roi the hi^hatt levels of city goveraient l.e.i Mayor, to the lower levels, i.e.;
officer in th« street. Tba States Attorney who decides which laws he will pursue,
».rA which h« will conveniently ignore, reject, dlKT.ias, because they do not fit into
hie potBonal, political, or religious ennvictions, is nore dangerous, than the
religiouo terrorist, that ahoots the doctor or clinic staff in the back. This
inaidioua behavior on the part oS tho alscted or appointed efflcials undarrr.irfis
the vary fabric of thia Deoooratio soalaty, artd oauaas tha majority r.o believe the
oyetein works only for o ealeot few, rather thaj\ the whole.
Even though Congress has enacted laws to deal with racaloitriant local
Official!, to my )cnowledge no cosntuaity has yet to loee coranunity block develcpaant
grant funds for their flagrant violation of their enforceir.ent of local statutes.
65
Any Fhencmanon In nature nas a causal relationship) diM«e«-cur«,
actlcr.-reaction. Statutory law, no Mttex how well wrtttsn, i« tr.aininglesa
unless the consequences of violation are applied in an equal and just fa.hion
to all partiea without (jueation ana eaid puniaianont io e deterrent for reeurronee
of the violation in the future.
:n continuation, Decemi>er, 1990, the clinic in South Bond wag invaded by a
para-nilitary group, the leader, a Catholic prieat, threatened our ewplcyee with a
weapon, and threatened verbally to the effect that he would "shoot to kill," and
for her to get out of the way. Thia group then proceeded to destroy, deface,
defils, the clinic interior, and chain themeelvee together m the clinic hallway".
The l5cal law enforcejnant agenclaa tooH nine hour* plu« to renove said terrorlsta
from the pr«r.:ses and held then in jail for five daya. The State Prosecuting
Attorney rafused to file criminal ohargee, refused to get proper identification,
oheok or outQtanding warrants in other jurisdiotione, and release then without
m«3<ing then pay reetitutlon for damages to the clinic owners, even though Indiana
laws demand the eame. The day after they were releaaed, the clinic's roof was
K^ed. and an additional $5,000 of dajnages were Incurrad. Not only were the clinic
owners victiniBed by the religious terroriats. but also by the lassitude of the
local authorities in their purmiit of justice, and fair and equal treatment for all.
This group of torroiists, albeit religious ones, were identified by a professor of
law Jrom Notre Dane taw School, aa the fineat people ha has ever had the privilege
of meeting,
In April, 1991, roughly 110 people affiliated with K-E.t.R., froa as far
away as one hundred miiee, came to South Mnd to blookade the ellrle entrances
and cause a disturbance which interrupted business for that day, as again local
-3-
66
authorltios procrastinated in swift and decisive faehior.. These individuals vere
aleo r«l»aoo<5 or. their own recognicance . aven ti-X)ugh they were ordered to ?«?
ninlmal oourt oo8t«, only a few have complied to this day. The Sumrer of 1991,
brought other unpl«as»nt surpriaea In the forw of ehootir.q out clinic windows,
whioh polico o»ll«<l v*nd»llair,, causing additional expenses to t^-.e tune of S4,CO0,
for isulletproof windows. Spray painting and defacing the walls, qluinq the locks,
painting the windows, all fall into tha oatwgcry of continual attaclis with the
fall'sire Ir spirii at least by local «uthoritio« to catch and prosecute these
destructive elements.
Kay, 1993, south Bend, the clinic hod a major dmnonotraticn of national
origin, which was somewhat defused, duo tc the loo»l law •nforcanant ag=n=l«9,
our lawyer, and owners cooperated in preventing a blockade. Thia did not deter
darjge to property as on Mother's Day, 1993, the clinic suffered « major daatruetive
acid attack, rasultlng in 560,000 of damage to contento and building, •■well a*
inability to operate our facility while repairs wore goirg on for a period of eoven
weeks. These loeeea, financial, property, and trjeineee, are a physical and etwstior.al
hardship on all providers of abortion services.
It is additionally tragic that the Insurance industry, by their very nature,
have a jaundiced view of this dair^age and deatrjction, and pursue an avenue of
further denigrating the providers by outright denial of full and Just payment,
prefering to imply that the clinic owners did the damage for p'jrposee of fraud and
•alf-enriehment. No cltntc owner, that I am aware of, would deliberatly destroy
their ability to provide a necessary and needed service in their connunlty with the
intent of defrauding an inturance company.
67
Asking for h«lp fron tJ-.e States Attorney General Office vas met with a
;5iaao<i, judgemental attitude; how dare we hava tha audacity to aeV for help?
Thoee fcahavior pattamo, by alaetad local offieiala, vhethor they b« judges,
attomeya, polioe, building inapaotora, lonlr.g boards, or taxlnfl authorities,
have for the moat part worked to tha datriinont of ahortion jrovidara In an
unjuat faahion.
The triala and tribulations do net etop or dinlniah en a day-to-day basia,
TWO particular episodes' total lack of pretaotion muct be nantionad to further
iilUBtrate the need for daciaive action by the Federal Govemnant to protect the
rights of all front the abhorrence of acme local of ficiala whether eleot«d or not
to equally juet and fair wmdate all statutory lava dlareapaotive of their
own political concept and/or religious bellefa.
January, 199C, N.E.I.R. organized a demonstration of roughly 200 people
fron rt. Nayne, in front of my abode. The lillnoia atatuates prohibit any
residential picketing, which the Kill County Sheriff and the states Attorney were
cognizant of ita existence. These people traveled 110 miles acrosa state lines to
harass my neighbors, run vild around ny property, and around the house, threatening
the inhabitants, and inspite of calling the Will County Sheriff, w* had to endure
three ho-jrs before a Sergeant arrived to Instruct the deputies as to what they
could and should not do. They vere finally eaoorted out of our subdivision, and
taken to Joliet, the County Seat. There, the sheriff, instead of enforcing the
lawB of Mill County, Illinois, elected to give thea a verbal reprimand, and then
relaaaad then. This unfortunate turn of events was promulgatad by an Assistant
statea Attorney, who chose not to enforce the laws, even though we were retiaeetad
to coma and file oomplaints against these Individuals.
68
Later that weeX, calling aald states Atromey, wo v»er« adr^nished by him
for q-jee-ioning his authority, and lack of nis enrorclr.(; thsss lawo as ».Titt«n.
Upon telephone conversations with the sheriff, we wero tolcJ by him that h« erovo
then a aterr. warning not to do it again, what a novel co.icept, that lax enforoemont
should be so easy or so idealistic, I^eeaiess to say, we have had irultlpla reourranoes
of demonstrations, picketing, and prayer meetings In front cf our reaidencei even
though we call law enforcement agencies, the deputies end up taXirg away ray civil
rights and protecting these religious terrorists.
Svsm.er, 1993, the same sergeant, who tock three houre tc travel Jlfty rdles
In January, 1990, was again protecting the sane protesters fror, my house, property,
and me. Whan : asJced hlir to enforce the laxs his replies were standard fare; I
take my orders from the States Attorney's office, and if : did not lUce it, I
should to into my houee. and be (juiet until the protesters leave. Xt the conclusion
of that Saturday, the Sergeant from the Will County Sheriff's Department shock ha-ids
with the majority of protesters, and had his picture taken shaking the hands cf the
leader sf the group. No oonoept ot any tiaa on his part, I knew where I fit into
the scheme ot things.
The same States Attorney who chooa not to pro«ecute the original group thought
it was very linportant to prosecute me for aovta obsouro ordinance regarding the nusvi>er
Of auton»hil*8 on my own driveway. Ironic that protecting raligious terroriat* from
prosecution has a higher priority then prosecuting an abortion provider under »oiBe
obscure county ordinance.
69
In conclusion, the majority of abortion provlfiera want peace ani tranquility
upon arrival of their residence vithout a concerted erforr by their local a«thsrltl«a
to continue an open policy of harassment, persecution, obstruction of jaetlce, ar.d
being stalked by misguided law anforceir.ent officers, which i had the niefortune te
experience this suimner. No one has all the solutions co tne problems, but Ln glvin?
this testimony, I hope that in elucidating the nature of the problens we nwiy hope for
a swifter resolution before all abortion providers suffer the same fate as ouz
collescues have, who were nturderad by sn assassins bullet in 1993, and 1994.
-9-
70
Mr. SCHUMER. Yes, Ms. Taggart is next.
STATEMENT OF LINDA TAGGART, ADMINISTRATOR, LADIES
CENTER, PENSACOLA, FL
Ms. Taggart. I am a registered nurse-
Mr. ScHUMER. You can pull the microphone a little closer to you.
Thank you, Ms. Taggart.
Ms. Taggart [continuing]. And for the past 20 years the admin-
istrator of the Ladies Center of Pensacola, a women's health center
which offers first trimester abortion services.
For the past 11 years, I have been harassed, assaulted, stalked
and had my home picketed. The clinic has been the site of weekly
protests with as many as 2,000 protestors at one time. We were
bombed twice in 1984, on June 25 and again on Christmas Day.
The convicted bombers, James Simmons and Matthew Goldsby, are
back on the streets.
The clinic was invaded in 1986, and the local NOW president and
I were both injured. It was done by John Burt. And with him was
Joan Andrews, Burt's daughter, and another of his residents in his
Our Father's House. The quartet trashed procedure rooms and
locked themselves in these rooms. And, except for Joan Andrews,
they were all put on probation for felony charges, and they are all
back on the streets, mostly in front of my clinic.
In 1985, the Pensacola Police Department had me move my
daughter secretly out of town because of a kidnapping threat. In
1986, the protestors falsely accused this same daughter of battery
and had her arrested, even though she was at work and at McDon-
ald's at the time. The so-called battery was later proved to be a pa-
tient who was leaving the clinic and trying to protect herself from