The trial ended December 3rd and went pretty much as was expected.
After three weeks of testimony by abortion industry employees, federal
agents, and assorted experts, I was found guilty 51 of the 53 counts that
went to the jury. You might recall that the original indictment charged
79 counts. Twenty of those were dismissed pre-trial due to a recent Supreme
Court ruling and six were disposed of after the government rested its case
on my motion that they had not presented evidence related to those counts.
The two counts that the jury found me not guilty of related to the June
18, 2001 Internet death threat that was
posted on the ArmyofGod web site with my name on it.
Though I was prohibited from presenting the Necessity Defense, I
was very pleased with the large volume of material that I was able to present
to the jury in defense of the pre-born. The only "friendly" witness I called
someone, who did an awesome job of speaking up for the pre-born. He showed
no fear of the consequences as he repeatedly spoke boldly for the babies.
After the trial he told me that he had come to Philadelphia prepared to
go to jail for contempt of court if that was what it took to raise his
voice for the pre-born. After his performance, I have no doubt that he'd
done just that. Bravo!
This trial was the foundation for the real battle I plan to fight
in the Courts on behalf of the pre-born. I have been forced to keep
the next phase of my attack against legalized abortion secret until after
the trial. The next phase is a direct attack against the constitutionality
of Roe v. Wade." This attack will come in the form of a civil suit in federal
court claiming a violation of my due process rights at trial. The connection,
or "nexus" that I have to Roe v. Wade is that I was denied the Necessity
Defense because abortion is legal. Nearly all of my pre-trial motions were
written with this end-game in mind. At the end of the Philly trial I told
the United States Attorney that I had them right where I wanted them now.
He thought I was joking. I was not joking, but very serious. In order to
qualify for this next and most important attack against legalized abortion,
I first had to be denied the Necessity Defense based on Roe's standing
and then I had to lose at trial. As I told the U.S. Attorney, I now have
them right where I want them. It was very important to me that I
lose.
This federal civil suite will challenge Roe v. Wade as antiquated
and unconstitutional based on changes in both decisional and legislative
law and medical advances in the 33 years since the historic abortion rights
case. The argument that Roe is unconstitutional by today's legal standards
is solid and strong. This could be a very important challenge to legalized
abortion so I ask for your continued prayer support. Will keep you posted.
Before the trial (days before) I had sent out an urgent request
for financial help for my family. At the time Mary had received a foreclosure
notice from the bank on our home, had been with out electricity for several
weeks, had lost the phone, and had just lost the transmission in her van
(which she uses to earn money as an Amish Taxi Driver). The situation was
very dire and she seemed at the end of her rope. I am very pleased
to report that you guys came through for my family. Enough funds came in
to catch up on the house payment, restore the electric, and replace the
dead transmission. Thank you all very much. Your love and support inspires
me to fight with a renewed vigor. Please continue to hold my family up
in prayer as the struggle continues.
To e-mail Clay Waagner
Click here Clay Waagner
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in the subject line and include a U. S. Postal address for a reply.
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Waagner Home Page.
To View babies Murdered
by babykilling abortionists click here.
Genesis 9:6
Whoso sheddeth man's blood, by
man shall his blood be shed:
for in the image of God made he
man.
Numbers 35:33 So ye shall
not pollute the land wherein ye are:
for blood it defileth the land:
and the land cannot be cleansed of the
blood that is shed therein, but
by the blood of him that shed it.
To contact e-mail: Glory2Jesus@ArmyofGod.com
Telephone 1-757-204-4454
Or write to: Rev. Donald Spitz
Pro-Life Virginia
P.O. Box 2876
Chesapeake VA 23327
