motion with the U.S. District Court for the District of Columbia asking the Court to reconsider its order detaining pro-life advocate Lauren Handy while she awaits sentencing.
Concluding
that Handy’s violation of the Freedom of Access to Clinic Entrances (FACE) Act
was a “crime of violence,” U.S. District Judge Colleen Kollar-Kotelly ordered
Handy and her four co-defendants be immediately taken into custody after the
federal jury returned its verdict on August 29, 2023. In their motion, Thomas
More Society Senior Counsels Martin Cannon and Steve Crampton argue that under
federal law and binding precedents from the District of Columbia Circuit Court
of Appeals and the U.S. Supreme Court, the FACE Act is not categorically a
“crime of violence,” and should not lead to pre-sentencing detention.
Handy and
her co-defendants were found guilty of violating the FACE Act during a peaceful
protest at a notorious Washington, D.C. abortion facility in October 2020.
Thomas More Society attorneys plan to appeal Handy’s conviction.
After the
jury returned its verdict, an army of U.S. Marshals led Handy and her
co-defendants out of the courtroom. “That is outrageous. These pro-life
advocates committed no violence during their protest at the abortion facility
as they kneeled and prayed, distributed pro-life literature and counseled women
considering abortions,” said Crampton. “The real violence is what happens to an
innocent child during an abortion procedure.”
In a drive
to prosecute FACE cases, the Biden Department of Justice charged Handy and her
co-defendants with one count of “Conspiracy Against Rights” and one count of
“Clinic Access Obstruction” in March 2022. The charges were filed nearly one
and a half years after Handy organized the October 2020 protest at the facility
operated by notorious late-term abortionist Cesare Santangelo, who has long
been suspected of refusing care to infants born alive during abortions. This
week, the D.C. Metropolitan Police Department confirmed it is investigating Santangelo and his
facility.
During the
trial, Handy testified that she had viewed an undercover video produced by
pro-life group Live Action that showed an abortionist at the facility would
refuse to treat an infant who had survived an abortion attempt. She also passed
out flyers at the protest that asserted that live-birth abortions were being
performed at the facility.
“Ms. Handy
was there to prevent these horrific live-birth abortions, which does not
violate the FACE Act,” said Cannon. “However, she has become a victim of the
merciless drive by Biden’s Department of Justice to prosecute those who are
trying to protect preborn human beings. To add to that injustice, she was
incarcerated when the true violence continues to be committed against innocent
children.”
A national
non-profit leader, Handy founded Mercy Missions in 2017. The mutual aid
organization assists families and mothers in crisis pregnancies and provides
relief for the homeless. “Clearly, Ms. Handy does not pose a danger to the
safety of any person or the community and is not a flight risk,” Cannon added.
“Therefore, she should be released immediately.”
Read the
emergency motion filed August 30, 2023 by Thomas More Society attorneys in the
United States District Court for the District of Columbia, Lauren
Handy’s Emergency Motion for Reconsideration of Order of Detention Pending
Imposition of Sentence, here [ https://tinyurl.com/52utdcjx].
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