Anti-Abortion Activity at Boulder Abortion Clinic 1975-1995

In A National Context

 

Warren M. Hern, M.D., M.P.H., Ph.D.

Director, Boulder Abortion Clinic

                                                                 

Special Report prepared for JoAnn Harris, Director, Criminal Division, U.S. Department of Justice, Washington, D.C.

January 6, 1995

 

INTRODUCTION

 

Although this report deals specifically with events at Boulder Abortion Clinic, my private medical practice, and focuses on a series of specific events dating from October 19, 1994, I am including observations of some events that occurred prior to the founding of Boulder Abortion Clinic on January 20, 1975 in order to provide a community context.  Also, part of the connection to the most recent events can be traced to attention directed to me personally by radical right-wing political organizations and anti-abortion activists prior to 1975.  Attacks on Boulder Abortion Clinic and its patients cannot be separated completely from these prior events.  On the other hand, recent events are to some extent independent and more significant in the context of escalating anti-abortion activity across the U.S.

 

My purpose here is to present the facts as they have occurred or emerged rather than to make the connections. 

 

As a copy of this document has been requested by the Civil Rights Division, I will include matters that pertain to civil rights issues as well as those that may be specifically pertinent to criminal law.

 

At the end of the report, I will give my own opinions about the significance of these events and patterns.

 

BACKGROUND

 

As a junior medical student at the University of Colorado School of Medicine in 1964, I cared for numerous women who were suffering the effects of illegal septic abortion.  I had also been struck by the poignancy and sadness of the women who were giving up babies for adoption.  In a small hospital in the Peruvian Amazon, I encountered tragedy due to self-induced and primitive abortions performed in jungle towns.  I later saw many of the same situations while working as a Peace Corps physician in Brazil; a maternity hospital would have one ward full of women recovering from childbirth and two wards full of women recovering from septic abortion.  Up to 40% of the women in the abortion wards died.  I observed similar situations in Lima, Peru.  While studying public health at the University of North Carolina, I reviewed the alarming statistics concerning the effects of illegal abortion on women's health in the U.S. as well as in Latin America.

 

My own public involvement with issues concerning reproductive freedom in general and abortion in particular began when I was Chief, Program and Evaluation Branch, Family Planning Division, Office of Health Affairs, Office of Economic Opportunity, in the Executive Office of the President in Washington, D.C. 1970-72.  At that time, I was asked to help prepare policy statements and programs concerning US government policies concerning abortion and sterilization.  In particular, I drafted OEO Guidelines for Voluntary Sterilization for OEO Family Planning Programs.  These Guidelines, designed to protect poor women from sterilization abuse, were actively suppressed by the President of the United States, Richard Nixon, for political reasons, causing my resignation from government service in protest of this official malfeasance.  During the two years that I worked for OEO, however, reports of my work appeared in the New York Times and other publications, and I was co-author of an article concerning US government policy concerning abortion in the American Journal of Public Health.  I prepared most of the policy statements from our office on these subjects, and I independently was author of two articles published in The New Republic, articles which were either reprinted in the Congressional Record or referred to in Congressional OEO budget hearings.  At this time, I received hate mail and death threats from a white supremacist organization in Atlanta.  These threats ceased when I left Washington.

 

In 1972, following my return to Colorado, an article of mine, "The Politics of Abortion," was published in The Progressive magazine, and this article received some national attention.  I was subsequently asked to prepare an editorial analysis of the Roe v. Wade decision impact for The Denver Post.  In the spring of 1973, I was asked to help found a private, non-profit outpatient abortion clinic in Boulder, Colorado, which I did.  This clinic became Boulder Valley Clinic, the first free-standing abortion clinic in Colorado. 

 

Following the opening of Boulder Valley Clinic in November, 1973, I became the target of a wide variety of personal attacks by not only anti-abortion demonstrators but local physicians opposed to abortion.  I began to receive many death threats at my home telephone and had to begin having an unlisted telephone number.  I was followed on several occasions.  I was asked to speak at public occasions and on television broadcasts to defend abortion rights, and I did so.  These events intensified anti-abortion activities directed toward me personally.

 

At one point, I obtained a rifle and placed it near my bed at night.  I was frequently apprehensive about returning home to my isolated mountain cabin at night.

 

At the end of 1974, my position of Medical Director at Boulder Valley Clinic was officially abolished by the Board of Directors.   I decided to resign my position there as staff physician and found my own medical practice specializing in abortion services.  That office opened on January 20, 1975, and was subsequently incorporated as Boulder Abortion Clinic, P.C.

While verbal personal attacks on me continued in the newspaper and other news media, and I received some telephone threats, the location of my new office did not lend itself to anti-abortion demonstrations.  These began to intensify after I purchased the building in which I am located in 1977 and took over the top floor with a front entrance on Alpine Street in 1979. 

 

ANTI-ABORTION DEMONSTRATIONS, HARASSMENT,

AND VIOLENCE ABOUT BOULDER ABORTION CLINIC

FROM 1979 THROUGH DECEMBER, 1974

 

In 1979, organized anti-abortion demonstrations began to occur frequently at my office on Alpine Street.  These demonstrations appeared to me to be peaceful, and while I noted that they severely affected the tranquility of patients coming in for services, the demonstrations did not appear or threaten to be physically violent. In fact, I would sometimes go out in my scrub suit, carrying a writing tablet, and try to collect the names of the demonstrators as a means of counter-harassment.  One man's name was "Mary, Mother of God."  I wrote it down.

 

One afternoon, following a demonstration, I noted that the demonstrators had parked some of their cars in the parking lot adjacent to my office and located between my office and the next building.  I went out with notepad to write down the license numbers of the cars.  One of the demonstrators attempted to run over me with his car.  As I was running about 5 miles a day at the time, I had the agility to escape this obvious attempt to kill me.  I filed a report with the Boulder police department, but nothing was done about the incident.

 

We began to get telephone harassment, and I received occasional death threats.  Following the election of Ronald Reagan in 1980, there was a notable increase in the frequency, intensity, and virulence of the harassment and threats. 

 

At one speaking engagement at the University of Colorado at Denver, a panel discussion with pro-choice and anti-choice speakers, I had to be taken out a back entrance because the anti-abortion activists in the audience came up to the front desk in large numbers following the program and several people, their faces twisted in hate, threatened my life at that time.  It appeared at one point that they would come up over the desk after me.

 

In 1982, several television programs in the Denver area invited me to participate in broadcasts, all of which occurred over a period of a few weeks in the summer.  On three of those occasions, anti-abortion participants either told me directly that I "should die" or "should be killed," or they were overheard by my wife and others telling each other that I should be assassinated. 

 

In 1984, my textbook, Abortion Practice, was published by JB Lippincott Company.  While it was a professional success in terms of acceptance by my colleagues and positive reviews in the professional journals, it also angered the anti-abortion movement.  Lippincott received hate mail and threats of boycotts, and the book was described in the national Right-to Life Newsletter as "Nazi medicine."  That year, Joe Scheidler told me to my face that he was going to come to Boulder to close my office and put me "out of business".

 

Anti-abortion demonstrators sometimes appeared right at the back door of my office, which opened onto a main parking lot used by both patients and staff.  Some were eventually arrested for these aggressive activities. On occasion, anti-abortion demonstrators would use the parking lots of adjacent physician's offices as vantage points for making videotapes of me, my staff, and patients.

 

In December, 1984, my first Op-Ed piece concerning anti-abortion violence appeared in the New York Times.  In this article, I criticized the Reagan Administration encouragement of anti-abortion activities and criticized a statement by FBI Director William Webster that anti-abortion violence was not terrorism because "we don't know who's doing it." 

 

Following publication of this article, NBC News came to Boulder to interview me for a broadcast to be aired on the anniversary of Roe.  NBC did not use any of my interview, but they broadcast interviews with other physicians at a New York City clinic, and the last image on the segment was that of blood spattering into a glass suction bottle in an operating room at that clinic.  At that time, I could not understand why the directors at that clinic had permitted that image to be recorded or why NBC chose to broadcast it as it was quite sensational and inflammatory.

 

In the fall of 1985, the Colorado Right-To-Life organization announced "Operation Jericho," a series of demonstrations aimed at closing my office, Boulder Abortion Clinic.  These demonstrations, which included hundreds of people at times, featured the display of a pickled fetus in the street in front of my office.   The fetus was obviously not obtained from my office.

 

On October 18, 1985, a local newspaper announced the impending visit of anti-abortion leader Joseph Scheidler, who was being sponsored by a right-wing group on the University of Colorado campus.  On that day, I as attending a medical meeting in Seattle.  My clinic administrator was sitting at the front desk making appointments for patients.  A stone from a flowerbox on the front lawn of my office came crashing through the front window of my waiting room.  A neighbor in the office next door saw this happen and got the license number of the man who threw the stone, and he was arrested.  He was an admirer of Scheidler. 

 

Scheidler had announced that he would come to my office on Monday, October 22, to "close" it.  We had placed plywood over the broken window, and the glass was to be replaced on that day, Monday.  Having recently returned from a trip to Berlin and having seen the remaining effects of Cristallnacht in East Berlin, I canceled the repairs and instead placed on the plywood a hand-lettered sign saying, "THIS WINDOW WAS BROKEN BY THOSE WHO HATE FREEDOM."  The sign was at Scheidler's back as he held his press conference.  His visit was accompanied by numerous demonstrators, but he was also met at my office by the Boulder police, the city attorney, and my private armed security guard.

During that week, Scheidler made at least one more visit to my office accompanied by a large group of demonstrators, and telephone harassment became intense.  The telephone harassment took the form of phony calls, hang-ups, and jamming the phone lines.  At least part of the telephone harassment was traced to a woman who was the wife of the man whose organization invited Scheidler to come to Boulder. 

 

In the Boulder Right-To-Life Committee Newsletter, Scheidler was quoted as saying that I was an important target because I wrote "the book" used by abortion providers.

 

Half-way through the week, I began to received many death threats, sometimes several per night.  Some of these were obscene, and some of them came in at times like 3 AM. 

 

It was my custom at this time to go for a run at noon in between morning and afternoon patients at a city park several blocks from my office.  I began to assume that one day, I would be shot while running. 

 

At one public meeting, which was attended by anti-abortion members of the Boulder Valley Right To Life Committee and the President of the Colorado Right To Life Committee, I denounced the anti-abortion organizations and individuals for creating "an atmosphere of violence and confrontation."  The CRTLC and its president, William Woodley, announced on January 22, 1986, that they were suing me for slander and asking for $2 million in each of the suits. 

 

Scheidler came to lead demonstrations at my office on several other occasions from early December, 1985 through June, 1986.  We have videotapes of some of these demonstrations. 

 

At the time of these events, I was married.  My wife and I often stayed in small sleeping quarters at the rear of my office.  Anti-abortion activists discovered this and began having demonstrations at this site, usually on Saturday morning, the day when most of our procedures were scheduled.  They would assemble at 5-6 AM and begin singing, chanting my name, and waving signs.  This activity continued for months.    I received numerous harassing telephone calls, some of them placed through my answering service by means of giving fraudulent information to my answering service. 

 

The harassment and death threats were extremely disturbing to my wife.  These activities placed great strain on our marriage relationship.  Although the harassment was not the only or even principal cause, it contributed significantly to the disintegration of our marriage in the fall of 1986 and subsequent divorce.

 

In the fall of 1986, the Boulder City Council passed a "buffer-zone ordinance" designed to keep anti-abortion demonstrators from harassing patients. It says that, when a demonstrator is within 100 feet of a clinic entrance, he or she must stay at least 8 feet from an approaching patient, but only if the patient puts up her hand and says "step back."  Refusal to do so constitutes a violation of the ordinance.  Neither the City Council nor the American Civil Liberties would support stronger legislation.   The same measure was passed by the Denver City Council, and a similar measure became a law for the State of Colorado.   The Boulder ordinance was challenged in federal district court in Denver, and the court upheld the statute.  A fundamental problem is that the ordinance places the burden of prosecution on the patient, who seeks privacy above all in this most sensitive service, and successful prosecution requires either actual observation of the offense by a police officer or a visual record of the event via videotape.  It also assumes that anti-abortion demonstrators are reasonable people who respond to reasonable requests and respect the law.  Overwhelming experience shows this is not the case.

 

During this time, my clinic was picketed regularly for weeks by an anti-abortion group from Alliance, Nebraska.One of the leaders was a woman named Joyce Davis.  Another was named Phil Anderson. 

 

In 1987 and 1988, we experienced numerous anti-abortion demonstrations, some ringing the building, and the Boulder police became increasingly responsive to our needs.  

 

During the first week of February, 1988, immediately following several anti-abortion statements on that day by President Reagan and Pat Robertson, there were five shots fired through the front windows of my waiting room by the front entrance.  I had just walked through the area and had left the building.  The lights were on and there were cars in the parking lot.  One of my staff members was almost struck by two of the bullets after he heard the noise of the first three and went to investigate.

 

I held a press conference the next day on the front lawn of my office to denounce the shootings and offer a $5,000 reward for information leading to the arrest and conviction of the perpetrators.   Police investigated the incident but no perpetrator has been found.  I subse- quently installed bullet-proof windows at a cost of over $30,000.  During this time, my building insurance was canceled.  I later installed more bullet-proof windows in the rear of the office and steel code-operated doors leading to the operating rooms at additional expense.

 

From this point on, I expected each time I arrived at or left my office or home that I would be the target of an assassination attempt, and I realized that I could not protect myself from a serious attempt.

 

During this time, we experienced episodes of vandalism at my office such as slashed tires on various vehicles, especially cleaning people who were working late at night, but this also included the car of my own mother, who visited me briefly one day. 

 

Several employees were followed to their places of recreation, and one woman staff member began receiving anti-abortion harassment on her new unlisted telephone in her new house within days after moving in. 

 

One staff counselor had a dilapidated Subaru station wagon identical to mine, and she parked it one day where I normally parked my car.  When she attempted to drive it home, she had difficulty steering it.  Her husband found after her arrival at home that all the lug nuts had been loosened on each wheel.  Fortunately, she lived in Boulder and did not drive mountain canyon roads as I did.

 

On one occasion, a couple with a strongly desired pregnancy came from a distant point in another state to have an abortion because the woman was diabetic and the fetus was severely deformed.  After reviewing her situation, I decided that she was too far along in her pregnancy for me to help her.  But she had forgotten her insulin, so I sent her across the street to the hospital emergency room.  Anti-abortion demonstrators followed the couple to the hospital and tried to talk them out of having an abortion, and they later tracked the couple to their hotel in Boulder and harassed them by telephone and knocking at their door.  The couple was distraught.

 

In April, 1989 and in October, 1989, hundreds of Operation Rescue anti-abortion demonstrators came to Boulder and were arrested, many at Boulder Valley Women's Health Center.  The principal assignment of law enforcement officers was at my office, Boulder Abortion Clinic, because that was known to be the principal target of the demonstrations.  On two occasions, the Boulder SWAT team surrounded my office and parking areas at 5 AM with about 100 uniformed officers from various jurisdictions and reinforced them with a mobile police command unit.  On these occasions, I slept in the clinic so that I could not be prevented by demonstrators from entering, nor could I be assaulted while entering.  We arranged for patients to be brought from an external meeting point in by a van under police protection.  At the time of the April demonstrations, I saw all of the patients that had been scheduled at Boulder Valley Women's Health Center but who had been unable to enter that clinic.  No abortion patients scheduled that day in Boulder were prevented from having abortions.  At the time of the October, 1989 demonstrations, the Operation Rescue people checked out the security arrangements at my office and left.  

 

On October 7, 1990, Randall Terry, founder of Operation Rescue, came to Boulder to lead a demonstration at my office.  At one point, he led a prayer in front of my office and prayed for me to be "executed."   We have a videotape of this incident, which was broadcast on "60 Minutes" in February, 1992 in a program called "The Lambs of Christ."  The tape is available from 60 Minutes.

 

March 10, 1993: Dr. David Gunn is assassinated in Pensacola, Florida by Michael Griffin who, according to later information, was a parishioner of Rev. David Trosch.

 

On August 13, 1993, an editorial of mine appeared in the New York Times in which I called attention to the fact that I now had to wear a bullet-proof vest to my office because of the Pope's visit to Denver and the attraction of large-number of anti-abortion fanatics to the area because of that visit. 

 

On that same day, having seen the Times editorial, Randall Terry went on National Christian Radio Broadcasting ("Live With Randall Terry") and, using Biblical language, essentially invited his followers to assassinate me.  My name was specifically mentioned several times in connection with this invitation. 

The text of Mr. Terry's comments follows:

 

(Terry, reading from the Bible)"'...victims.  He lies in...wait to catch the helpless.  He catches the helpless and draws them off in his net.   And he says, 'Why does the wicked man revile God?'  Why does he say to himself, 'He won't call me into account?'  Arise, Lord lift up your hand, oh God!  Do not forget the helpless.   Break the arm of the wicked and evil man.  Call him to account for his wickedness that would not be found out."  "And this particular verse just says 'Break his arm.' There's another one that says 'Shatter his teeth.'  There's another one, there's more than one that say 'kill him,' 'Lord kill him.'"  "So, I'm looking now at the..."  "Wait a minute, wait a minute...If it says that in the Scripture, if it says that in the Scripture..." "...and it does say that in the Scripture." "All right."  "Then it begs the question about Michael Griffin.  What about Michael Griffin?"   

(Terry) "God can kill someone  [Gives methods by which God kills people].  I pray for calamity on the abortionists."

 

(Terry) "I didn't get to my point.  There's an editorial in the New York Times today, the Op-Ed page today, 'The Pope and My Right To Life.'  Warren Hern, who is an arch baby-killer, he has written a book on how to do second-trimester child-killing.   He is a vulgar baby killer." "What's his name again?" "William Hern"  "And I hope someday he is tried for crimes against humanity and I hope he is executed.  When child killing is made illegal again.    But in the meantime he is whining and crying because in 1989 or 1990 I was out in front of his abortion mill praying for God to either save his soul or judge him and to bring calamity on him.  So he's going, The demonstrations were encouraged in July by Randall Terry the national leader of Operation Rescue.  I last saw Mr. Terry in 1989 surrounded by followers praying for my death in front of my clinic.' "  

 

(Terry) "Whining and carping.  I make no bones about it, friends, it is a Biblical part of Christianity that we pray for either the conversion or the judgement of the enemies of God, especially mass murderers like William Hern."

 

(other speaker) "Well, God judges daily, the Psalm says"

(Terry) "I can't believe I can't find that one I'm lookin' for..."

 

On the following day, August 14, Rev. Trosch in Birmingham, Alabama announced his view that the murder of doctors who do abortions is "justifiable homicide." 

 

On the next day, August 15, the doctor who replaced Dr. Gunn at the Pensacola clinic was found murdered in Birmingham with money in his pocket.  The murder was apparently not connected to a robbery.

 

The following week, on August 19, Shelly Shannon flew from Oregon to Oklahoma, rented a car, and drove to Wichita in order to assassinate Dr. George Tiller.

 

During the months of these events, we received harassment at a new level of intensity.

 

 

Anti-abortion TV and radio talk show host Bob Enyart, based in Denver, syndicated on 700 cable TV stations, has attacked me on his broadcasts on several occasions. 

 

My first encounter with him was when he invited me to be on his radio talk show.  Not knowing his reputation and ideology, I agreed to be interviewed briefly.  I ended my participation after a few minutes when I discovered what was happening.  But at about this point in 1993, Enyart published a pseudo-magazine printed in red and black ink filled with anti-abortion messages.  The middle of the magazine was a two-page article, mostly about me, using some quotes from me on his program, with a banner headline across the two pages in red ink that read, "HOW WARREN HERN DOES HIS KILLING."  When I showed this to a visiting psychologist in my office, I asked her, "What do you think that the author of this headline wants the reader to do after he or she read this?"  "Kill you," she said.

 

On April 15, 1993, a male caller started a telephone conversation by asking how far our limits are.  He was told.  "How can you kill babies?," he asked.  "Children survive at less than 25 LMP," he said. "You shouldn't work for a murderer," he said.  "God will judge you.  Save yourself now," etc.  The call could not be traced.

 

On June 17, 1993, at 3:50 PM, a man identifying himself as "Harry" called from (214) 226-5080 (previously called on 6/14/93 from 214-929-9928); message: "Wants to urge you to stop killing babies.  It is a mortal sin, you need to stop to save your soul."  Quotes the Bible.  Left message for WMH - would like him to call back before 5 PM today.

 

June 21, 1993 - 3:25-3:30 PM.   Male caller (Harry).  Administrator recognized voice from Thursday's call.  1) caller quoted Bible  2) called administrator accessory to murder  3) ? /Dr. Hern travels around and kills babies  4) quotes that baby's heart beats....5)  this is so important "wants to save our souls."   800# bill from (214)-475-9989.  File # p 93-10167.

 

June 25, 1993  4:05 PM   male caller  Harry  doesn't want to leave number anymore.  Two calls, quoting Bible  "God is just.   This killing can't go on forever. You will be held accountable."  (x 2)   Another call.  "Asked to speak to WMH, quotes Bible   'held accountable.'"

 

July 7, 1993, 1:05 pm.  Harry calls again.  "Breaking God's command;  Necessary to murder;  quotes book that gives details of fetal anatomy."   "Stop killing children."

 

July 19, 1993, 4:05 PM.  Harry x 2.  "Why do you kill innocent babies?"  "How can you work at a place that kills babies?"   Asked to leave his number so WMH could return his call.  "So he's not available because he's out killing babies, ripping them out of women's wombs."  "Do you use a poison killing injection like Tiller?"

 

July 28, 1993  10:50 AM.   Male caller, 25-40 y/o   Asked me to "delay" a message to Dr. Hern that he was "going to come down there and blow that fucking place up."  I asked for his name and number, but he said that that information was "not important."   reported to Mery Lou at BPD 441-4303  File # P93-12635.

 

[August 13, 1993 - My Op-Ed piece entitled, "The Pope and My Right To Life" published in New York Times.]

 

August 13, 1993    Protests  approximately 9 individuals at 8:10 AM.    Included David Rusch, Marie Perkins, and Judy Roberts.

 

[Received call from RMPP - Denver saying that Randall Terry on national Christian Radio Network inviting people to assassinate Dr. Warren Hern - we later received copy of Terry's comments but could not obtain tape of entire broadcast from local station or network -they refused]

 

August 13, 1993 , 12:30 PM.  Male caller, Glen Hancock, telephone # 776-6327.  Called wanting to speak to our "information department" on why we/you don't think abortion is murder.

 

[New York Times, article by Dirk Johnson, prints story which includes account of Randall Terry's comments inviting his listeners to assassinate Dr. Hern]

 

August 17, 1993  4:10 PM.  Male caller called x 5.  "You're an accessory to the murders going on there."

"What do you charge to have women have their own offspring murdered?"

 

August 19, 1993  4:15 PM.  Female caller "Jenia" called 5 times.  Tel. # 433-2145.  Each time asked for the doctor, wanted to know when he'd be in.  Tried to change her voice with each call.  I (Staff member) offered to take a message each time, finally she left name & #.  "I want to know why the doctor kills the babies."   Also pretended to want to make an appointment for abortion, asking when was earliest appointment we had.  Story kept changing, and when I tried to pin down her LMP, she said, "I'm not going to tell you, bitch!" and hung up.  On first call, some woman [in the background] said, "Tell the doctor he's a fucking asshole!"

 

[August 19, 1993 - Wichita: Dr. George Tiller shot in both arms in assassination attempt by Shelly Shannon, anti-abortion activist of Oregon]

 

October 26, 1993   11:40 AM.  Male caller..."Is Warren there?"  In very loud voice - and then hung up when I offered to take a message.

 

November 7, 1993   Cookie from Buffalo Ob/Gyn Women's Service called re: Colorado van at protest there.  Name registered under Phyllis Hartsock from Westminster.  Phone (716) 881-5595 (BOGWS)

 

November 23, 1993, 1:45 PM     Steve Schaefer/Deana Vogler from Wichita called re: Ken Scott 6'2"  brown van from Westminster  Gail -blonde woman  ?Hays Brickell

 

December 8, 1993  noon   Staff member A had picture taken of her house/car.  Two men in car, young,  early 20's.  Driver - very dark crew cut   Passenger - blond, looking through papers.  Colo plate   Small, maroon color car  ?hatchback

 

January 25, 1994   2:10 PM   Caller was female  "Abortion is not murder in your eyes, but it is in God's."

 

March 2, 1994   10 PM   White male  about 50 years old, dishwater blond/grey hair-balding  5'10" 210#  glasses, dark rim.   Spent 1/2 hour in front of (Staffmember B)'s house taking notes   1990 Grey Dodge Colt  HPF (HPH) 348 Colo license #   Mike Newell says not registered plate

 

March 15, 1994  5:05 PM   I think it was a female - said something very fast, sounded like she/he had a hispanic accent - Couldn't understand what she/he said at first, then said, "You better watch your fucking back," and then hung up

 

April 1, 1994  9:40 AM   female (phone)  said, "why do you work there -- you know that you're killing babies!"  9:50 AM male (phone)  said "my wife wants to have an abortion but my son is 12 years old!"

 

April 4, 1994  4:50 PM   Female  -  "Could you please tell him not to kill anymore babies tomorrow?"

 

April 20, 1994  1:30 PM  Female  -  "How many weeks is abortion legal in the State of Colorado?"   I answered 25 LMP is what do abortions to   "How many months is that?"  I said we usually go by sonogram results.  "How many months is that, I'm terrible at math."  I answered 5 months or so.  "That's sick, that's terrible, that's gross.  You're going to go to hell for that."  Caller hung up.

 

July 6, 1994  2:50 PM   Male   "Hi, do you kill babies?  I want you to kill my girlfriend's baby."  I said we perform abortions here.  Did he have information about her pregnancy?  He said, "Hold on, I'll transfer you," and then a very loud tone in my ear.  I hung up.

 

July 13, 1994  4 PM   3 calls in a row:

#1 - young female    Asked for Dr. Hern, said she was Amanda Tusing.  When told he was unavailable & asked if she wanted to leave message, she said "Yes, tell him to fuck off."

 

#2 - female   Felicia asked for Dr. Hern - same thing as above but left message to tell him "He's a fucking asshole."     3rd call the same

 

July 25, 1994  2:00 pm  - female   A woman called asking if I could speak German.  I said call back tomorrow.  Another woman got on the phone asking if I speak German, I told her the same thing.  She said something foreign then, "Go fuck yourself."

 

July 25, 1994  2:05 PM  - Female with German accent asked for Dr. Hern.  I said he wasn't available, could I take a message.  She said, "Yes, tell him to go fuck himself."  I hung up before she could continue.

 

July 24, 1994  7:16 PM  (transferred from answering service messages)   Morgan Fischer, Tel. # 389-2547  Screamed obscenities.

 

[July 30, 1994  - Dr. John Britton & escort assassinated in Pensacola, Florida - escort's wife wounded]

 

August 16, 1994  9:30 AM  Would not leave name; man said, "Warren please,"  I said he is unavailable and then he hung up. 

     Observed  19115RS  Colorado plate   Black pickup

     "Out For Justice" sign in back window

 

August 16, 1994  10 PM  (ans. service) To: Dr. Hern From: Tia Lafayette   321-2458   Someone on TV called Bob Enyart She happened to catch his program and knows that he doesn't want anyone to know he's being investigated for child abuse.     Woman rambled about Bob mentioning Dr. Hern's name and she wanted us to know about his child abuse accusations.  Is not affiliated with PP (left their #) and referred to protestor (Al Garcia) being hit with baby carriage by patient's boyfriend.

 

August 16, 1994   We received a letter address to me, Phoenix postmark, no return address (police report P94 15477) which states:

 

Doctor:

As you must be acutely aware, there is an underground network forming that is monstrously contagious.  The objective: to stop the murderous medial and non-medical persons such as yourself blatantly interfering with the right to life of innocents in the womb. 

What with the pro-choice feminist groups and their ilk, the evil government objectives and hidden agendas, certain Americans have decided that wee to can be pro-choice.  Pro-choice enough to take out a number of you abortionist [sic] at the same time all around the country no matter where you are.  You have been selected by a random poll and fit all the criteria needed to qualify for this event. 

Careful to take note, bullet-proof vests are not enough to protect quilty [sic] murderers.  There are other areas on the body that invite fatal wounds.  Careful to take note as well no body guard can protect 24 hours a day 7 days a week, 52 weeks a year.

You may ask by what right does anyone have to break a legal law which protects abortion rights?  The answer is so simple: UNJUST AGRESSORS!  This means YOU!  Abortion is the unjust act, YOU are the unjust actor.  GET IT?  All abortion laws are unjust, therefore ALL abortionists are fair Game.  It's a simple concept growing... All Hell  is going to break loose and you will have a front row seat! 

 

Forever,

(signed, illegible) (first letters of names appear to be F.T.)  

Original copy given to FBI agent William Clifford

At least 4 other MDs received as well. 

 

Ron Kuseski & associates; Curtis Boyd

 Dr. Kelly - Cleveland  (non-NAF member)

 

Received another death threat in August, mock newspaper clipping announcing funeral of "Dr. Hern, notorious abortionist and baby-killer."   (attached)

 

September 12, 1994  1:45 PM   Female   Asked , "Is this Dr. Hern's office?"   "I think what he does is deplorable.  I hope he wasted his money going to Cairo.  I just don't believe in killing babies."   I asked if that was all.  She said, "No, thank you."

 

October 5, 1994  3:15 PM  Male   Asked for Warren (voice was very quiet)  I asked who was calling; he said Richard from Rob Mallerkep's office.  I asked hem to spell the name and he was very slow to do so.  I asked him what the call was regarding, he said "It's a business matter!"  Person hung up while on hold waiting for WMH. 

 

October 6, 1994  9:53 AM  Asian woman.  Caller asked if I could tell her if her daughter had been seen here in January.  I told her I couldn't do that  She asked if we did AB's here, I said we were a women's health care clinic.  She asked how much do we charge for an abortion.  I told her it would depend on how far along she was, caller got very upset asking if I was happy to kill babies and that I was evil, etc., etc.  

 

October 28, 10:40 AM  female

   "I'm just saying a little prayer that all the people you do abortions for develop breast cancer."

 

November 7, 1994  9:40 AM   Sounded like white male, no accent, age about 50.    Male stating his name was Brian Burns and he was very agitated & upset say Dr. Hern tried to do an abortion on his daughter at 7 months but his daughter refused abortion.  He stated his wife brought the daughter to clinic.  Man stated that this was criminal action & he has report Dr. Hern to the Boulder Police Department.  He stated his daughter delivered a stillborn at 8 months gestation at Children's Hospital.  I asked if he thought that was a result of something we had done and he said absolutely not.  I told him our elective limit of 25 weeks LMP  I said we don't perform elective abortions at 7 months.  He got very angry and said "yes you do if the patient has the money to pay you."  I asked if he'd like to talk to Dr. Hern - he said I'd never want to talk to the kind of man who would do something like this.  I said Dr. Hern could return his call & he said "Is he not there because he's in jail?"  He began repeating, "The man is a criminal" several times.  I asked for his phone #, city of residence & he said, "I don't want him to call me back, he's a criminal."  "Something should be done!"  I eventually hung up on him.   

Police report #P94-20451   Pam Aubry

 

November 17, 1994   Staff member C transferred call to Staff Member D:  Male called & asked if I was "taping this call."  I said no.  He asked to speak with Dr. Hern because Dr. Hern tried to perform an abortion on his daughter who was seven months pregnant, and his daughter delivered a stillborn at Children's Hospital.  He said his daughter refused to have an abortion here, but Dr. Hern tried.  He said he'd reported Dr. Hern to Boulder Police and he wanted to talk with Dr. Hern.  I asked him to hold and he asked me if I would tape the call.  I said no I wouldn't, he asked me if I was going to call the FBI.  I told him I needed to put him on hold to transfer his call and wouldn't call the FBI.  I asked him his name, he said Brian Burns.  He wouldn't give me his daughter's name when I asked.  I transferred the call to PJ.

 

Activity observations

 

January 12, 1994   1:30 PM

 

Two protesters  One man, one woman - both unknown  30 y/o carrying Cabbage-Patch doll   Woman around late 30's, early 40's  brown shoulder length hair  one sign with fetus (look like actual baby's face) another sign "Hern Baby Killer"

 

October 19, 1994

 

On October 19 of this year, Joe Scheidler reappeared with several men (Scheidler's last visit, June 14, 1986).  Scheidler held a bullhorn and chanted, "Warren Hern Has Got To Go."  He continued until the police responded and told him to desist with the bullhorn.  He was accompanied by a white male (Clifton Powell), about 30 years old, who was wearing a white lab coat spattered with read material.  Also in the group was Richard Jacobsen from Wichita, who was playing a trumpet very loudly.  Jacobsen is a white male about 40 with a greying beard and a paunch.   A fourth man had dark brown hair and a beard.; a fifth was a young man about 5'10"  weighing about 200 pounds, no facial hair, carrying a video camera.   There were two women, one thin, about 50 years old, with red hair, and a woman about 35 years old with short brown hair.   The chants from Scheidler and the group were, "Warren Hern is an evil man"  "His eyes are evil"    The young man was identified as "David Lane"  (an alias which is not coincidentally the name of Alan Berg's assassin).   Scheidler and one of the women got into a green Ford Taurus car with a Colorado license # HHW458.  We are told this belongs to MacArthur and Jeannie Hill, well-known anti-abortion activists in Colorado (he is a physician).  Another car in the group was a dark yellow 1977 Dodge van with a luggage rack on top, a sign saying "Pro-Life Action Network."  The 1977 Dodge van's Colorado license # is 08130XS, registered to Clifton Powell, Albert, Colorado.   The demonstrators were here for over an hour.  I (staff member) attempted to comfort patients who were coming in and who were extremely upset by the demonstrators. 

 

October 24, 1994

 

On October 24, 1994, several men appeared; one of them was David Lane, another man from the previous week who had operated the video camera, and a third man (We have a videotape of this activity.  The men were here from 4 -4:30 PM shouting slogans and milling about on the front sidewalk.  They left in a white compact Ford Festiva with a Colorado License SVC 720.  Boulder police were present. Videotaped   Footage  Tape A  1-308  

Signs:  Stop Clinton Now   You Can Still Change Your Mind

Yes! It's A Baby    Abortion Kills Children   Several fetus photos

 

On November 2, 1994, at 4:40 PM, the same three men appeared with the video camera and carried on the same activities.  Boulder police were called.  Our videotape on Tape B 

 

On November 11, 1994, the same three men appeared at 3:10 PM with the video camera and trumpet (playing "Taps" loudly), chanting, carrying signs covered with pictures of dismembered fetuses, etc.  Picket signs say "Do you care? (picture of bloody fetus)"; "Abortion Kills Children,"  and "You can still change your mind."   

Present until 4:35 PM

What the picketers say is "Warren Hern, your days are surely numbered.  How many do you do a day?  20 or 30 murders a day? (repeat first sentence)"   Vehicle   Brown Ford van Colo# EWC 3183 with cross and red painted baby stuck to it.   Other vehicle White Ford Festiva Colo# SVC 720 .  Boulder police responded at 3:50 PM, summons issued to David Lane.  Ken Scott also present.  Left at

4:35 PM    We have videotapes.

Police responded at 3:50 PM, summons issued to David Lane

 

11/21/94   4:40 PM    3 men, Ken Scott, David Lane, Clifton Powell;  picketers had been at Arvada Planned Parenthood and Arvada High School just before this.  Came with large 5-ton truck (Boulder police responded and have license # of truck; we also have videotapes.  Police arrived at 4:45 PM.    PP Arvada called to warn us they were coming

 

11/22/94   8:10 AM   (Boulder police arrive at 8:20 AM)

4 protesters:  David Lane, Ken Scott, Richard Jacobsen, and Leon Gonzales, who is wearing a blue jump suit.  Demonstrators driving a large white milk truck covered with signs.  Pacing on sidewalk in front of building, blowing a horn very loudly, yelling at patients and passersby, changing loudly, carrying video camera.  Tape A -  footage 2294 +    Picket signs say, "You can still change your mind," "Do you care?" "Abortion is Judicial Murder,"  "God Bless Coach McCartney" (a local anti-abortion football coach).    Patients coming through this demonstration were upset, crying, hyperventilating.  Mother of patient stated it was very upsetting, especially because she is religious.   Three police cars, Ken Scott arrested for noise ordinance; Officer Feeney.

 

Protesters say to patients and to staff member "Don't kill your baby."  Also: "Abortion is murder."

 

November 25, 29, 1994   Repeat appearances by Ken Scott, David Lane, Richard Jacobsen,  Scott driving 5-ton truck covered with anti-abortion posters, park this down the street from my office, man on top videotaping proceedings and shouting obscenities, Ken Scott standing on sidewalk in front of my office, screaming some of the following statements:

 

"Fourteen years ago, I paid for an abortion. I cheated on my wife twice to get even with her."

 

"Those police officers can't save you,Warren.  You better repent."

 

"Those police officers can't escape death."

 

"How many days do you have left?"

 

"God's judgment of you is coming."

 

"It's too late for the doctors in Florida."

 

"God loves you enough to let you still be here to hear this message."

 

"God hasn't snuffed you out yet, Warren."

 

"The judgement, your judgement, is coming close."

 

"It's too late for Dr. Gunn.  It's over for him."

 

"I don't believe in killing abortionists, but 'vengeance is mine,' sayeth the Lord."

 

"God loves you enough that He hasn't taken your life yet."

 

"Warren, how many days do you have left?  The Lord showed me you have less than one year.  One year and He's gonna take your life.  God's law is above man's law.  Warren, how many days do you have left?  How many days, Warren, how many?"

 

"No one knows the time and hour of a baby's birth or knows the time and hour of your last breath is."

 

"You won't have Michael Newell to defend you!  How much longer before the Lord brings justice, because His law is above man's law.  It's above Warren Hern."

 

"Escape death, Warren!  How are you going to escape death?"

Other comments about Michael Newell and Gary Jamieson ad nauseum

 

According to reports I have received, Kenneth Scott is an expert marksman capable of sniping beyond 300 yards, a survivalist, hunter, animal tracker, and expert woodsman.  He also has an extensive criminal record which includes convictions for assault and stalking.

 

On the corner of Alpine and Broadway, just east of the building next to my office, Boulder Community Hospital has constructed a parking garage which now overlooks my office parking lot.  Upon entering my parking lot or upon walking out of my office, the first thing I do now is to look at the parking garage to see if there is someone there with a gun aimed in my direction.

 

December 10, 1994

Kenneth Scott is sentenced to 90 days in Denver County Jail for violating a court order to stay at least 300' away from the entrance of any abortion clinic.  Part of the evidence available was the video tape from my office taken by me and my staff members.

 

Attached: Black & White mug shots from Denver PD of

Ronald Prinzi  19680426

Kenneth Scott 19490725

Clifton Powell 19560119

"David Lane"* 19700109  (alias is name of Alan Berg's

assassin)

 

Color photographs

Mug shots, Denver PD:

Kenneth Tyler Scott, DOB 7/25/49  (3 bookings by DPD; 24   other arrests)

Clifton Dean Powell  DOB 1/19/56

David Lane (alias)  DOB 1 09/70

Leon Gonzales   DOB 01/29/53

            [Leon Gonzales is ex-convict, aggravated robbery, aggravated assault]

 

Attached photographs supplied by Michael Newell

 

Kenneth Scott's black Porsche Colo LN SAE9359

Clifton Powell's yellow Dodge van ColoLN 08130XS

Bernadette Cordova  20 y/o  carrying fetus poster

Richard Jacobson's Maroon van  Colo LN EWZ3183

Kenneth Scott's red Oldsmobile  Colo LN EWZ2132

Kenneth Scott's house with Ford Festiva Colo LN SVC720     parked in front of it

Kenneth Scott's Tan & beige pickup with row of five     lights on top of roll bar, no License #, For Sale sign in back window

 

demonstration at RMPP clinic, Vine street, Denver, with Ken Scott or David Lane on top 5-ton truck with videotape looking over fence into RMPP parking lot

 

Same, taken from street side

 

Demonstration at RMPP clinic, gray-haired lady carrying sign, Abortion Kills Children, Leon Gonzalez standing to side taking notes

 

Photograph of 5-ton truck with large anti-abortion posters on sides and front, Ken Scott getting into vehicle

 

Photograph of Kenneth Scott's blue & silver pickup with rear seat, camper bed, Colo LN # 7433-ZB, Sign on the

back that says, "Plan Parenthood the #1 Baby Killer of the World"

 

Two photographs of Bernadette Cordovan in blood-spattered lab suit holding up a fetus doll and meat cleaver, outside RMPP clinic, Denver In background: Green van covered with posters, painted lettering on side that says, "Pro Life Action..."   Phone "303...."

Other demonstrators present, holding up dolls and signs to persons in cars entering parking lot

 

Photograph of five-ton truck covered with anti-abortion posters parked on street, man on top (appears to "David Lane") holding video camera)  Front sign on truck says "Repent!!! Holocaust!   35 million exterminated in the USA   Help Stop Abortion"

 

[December 30, 1994.  John Salvi walks into Planned Parenthood and Preterm Abortion Clinics in Brookline and shoots 7 people, killing two, one instantly]

 

On the night of the Brookline killings, Denver-based anti-abortion radio-TV talk show host Bob Enyart goes on his nationally-syndicated TV talk show (over 700 cable channels) and attacks me along with other abortion providers, inviting his viewers to take action against me.  All the viewers calling in advocate violence against abortion providers.  According to the reports of viewers calling from around the country, the most common two words on the program are my last name and the word "kill."  Enyart puts an image of my Boulder Abortion Clinic yellow pages display ad on the air, which includes the name of my clinic, my name, street address, and telephone number.  One caller said she was afraid for me because it was clear to her that Enyart was inciting people to hurt me. 

 

Summary and Discussion

The sidewalk in front of my clinic is only about 2 feet wide.  When demonstrators are there, it is impossible to get by them without almost touching, and the demonstrators don't move.   The patients are intimidated, even from a distance.  We frequently have to reschedule people or have them come in the back entrance, which adds to their feeling of stigma and shame.  We can't use our front entrance when the demonstrators are there.  On the east side of the lot, there is a steel fence which I placed (at a cost of $15,000) to protect us from armed demonstrators entering the parking lot where I and the other physicians park.  When a demonstrator stands by this fence, it is impossible to get by without stepping into the street.  The demonstrators also stand by the steel gate which is opened by remote control, and we are fearful of being shot as we leave by this gate.

 

In a medical emergency, I need to go quickly out the front entrance of my office to cross the street to the physician's entrance to the hospital.  I am afraid to do so if there are demonstrators there because I am afraid (in fact, sure) that I will be shot if I do so.  This is a serious infringement on my activities that threatens patient care. 

 

Because of the Boston killings, we must assume all anti-abortion demonstrators are armed and dangerous and will kill anyone seen entering or leaving the building.  This makes the public front entrance of my office unusable.  This is absolutely intolerable.

 

The level of anti-abortion activity has long since passed the situation of peaceful demonstrations of people expressing their point of view.  This is no longer about free speech.  It is about behavior that is meant to inflict pain, terror, intimidation, and, in some cases, death.  It is no longer tolerable to have any form of political protest in front of my clinic or any other abortion facility in the United States. 

 

It must be recognized that anti-abortion demonstrators and fanatic followers are, with few exceptions, absolutely ruthless, unscrupulous, pitiless, and driven by hatred.  They are willing to accept any level of violence not to mention social disruption and imposition of emotional pain to reach their goals. 

 

No one says that anti-abortion demonstrators may not express their point of view.  What has become intolerable is the intent to intimidate all those associated with abortion services - patients, doctors, nurses, receptionists, mail carriers, janitors, service delivery people, supply delivery people, passersby.  Ideological issues aside, this is a fundamental infringement of fundamental personal freedoms afforded by the Constitution of the United States.  The Government of the United States must decide whether it is willing to take the steps to protect the civil rights and lives of those who are engaged in providing peaceful, legal medical services to those who seek them and the rights and lives of those who seek these services.  At this point, the response of the Government is almost wholly ineffective

in this regard and is confined to the pursuit and capture of those who willingly violate laws and who wish to die for their efforts.

 

Much of the encouragement to violence against physicians and others who provide abortions come from recognized religious leaders, who use the most violent language and harshest rhetoric possible, and who leave no doubt what consequences they want for those of us who do abortions.

 

Much of this hate rhetoric inciting to violence goes out over the nation's airwaves and is protected speech.  This rhetoric has given powerful psychological permission to radical anti-abortion groups and individuals to step up their violent campaigns.  Inevitably, someone with a rifle or shotgun hears a message from God that he must kill an abortion doctor or clinic worker for Christ.

 

A face-to-face conspiracy to commit political crimes is no longer necessary.  All the leaders have to do is to use the airwaves to identify the targets.  This is electronic fascism and terrorism.

 

The classic problem of democracy is that it grants great liberty to those who hate freedom.  The anti-abortion movement, and especially its appropriation of legitimate religious expression for sinister and basically seditious, terrorist purposes, is testing our commitment to free speech to the limits.  In fact, the use of free speech and freedom of religion by anti-abortion demagogues is dangerous to the lives and liberty of many peaceful U.S. citizens. 

 

There is no deterrence at present for anti-abortion demonstrators since they do not respect either civil or criminal laws or basic assumptions of Western culture. There being no deterrence, civil authorities must recognize that the only protection at this point is self-defense, and many of us are prepared to shoot back.  This is a prescription for civil war, which is what is happening, except that one side is still holding its fire.

 

Every anti-abortion demonstrator must now be considered armed, dangerous and a potential assassin until proven otherwise.   The anti-abortion movement must be considered the source and spawning ground of a violent, terrorist movement which threatens the social fabric and civil society of laws of the United States.   It is a greater threat to personal security than any foreign enemy of the United States.   That it is intimately connected to a larger political movement and benefits a particular political party is a separate issue.

 

Sincerely,

 

  (signed)

 

Warren M. Hern, M.D., M.P.H., Ph.D.