Published on August 10, 2024, 12:32 am

In what could be considered breaking news from Detroit, a federal judge said on Friday that he weighed “seriously” the possibility of dismissing a case initiated by the Biden administration against seven Christian pro-life activists involved in a peaceful protest in Michigan. The key reason was that certain “highly emotional” testimony may have influenced the jury unfairly.

The attorneys for Eva Edl, Cal Zastrow, Chester Gallagher, Heather Idoni, Joel Curry, Justin Phillips, and Eva Zastrow requested dismissal of the case after a key witness of the Justice Department delivered tearful testimony. The defendants are charged with breaches of the Freedom of Access to Clinic Entrances (FACE) Act and conspiracy against constitutional rights. They face potential penalties up to 10.5 years imprisonment if found guilty.

The activists stand accused of obstructing access to Northland Family Planning Clinic in Sterling, Michigan on August 27th 2020 as part of their disciplined strategy and tactics.

Amid opening arguments last Friday, prosecutors summoned Sarah (last name withheld) whose emotional retelling recounted her tragic experience at Northland on the protest day. Tears flowed from the start to finish of her time on stand.

Sarah shared her painful journey through infertility and then IVF treatments till she got pregnant. However, around week twelve of pregnancy she received heartbreaking news – her unborn child sadly had several medical issues and would not survive outside womb. That led Sarah’s husband to opt for an abortion procedure at Northland clinic.

Sarah described how being confronted by protesters on arrival at the clinic left her feeling “traumatized and intimidated.” Among those protesters was Eva Zastrow who approached Sarah’s car advising about ‘God loving your baby’ and about ‘judgment day.’

Further intensifying this already harrowing scenario was Sarah experiencing symptoms related to losing amniotic fluid. Later inside during afternoon visit they discovered their son had passed away while still inside womb causing post traumatic stress disorder in aftermath according to Sarah.

This revelation led a defense lawyer for Joel Curry to object thus causing Judge Matthew Leitman to have the jury removed from courtroom, following which a visibly distraught Sarah was also excused from proceedings.

Defense lawyers soon initiated motion to dismiss arguing that the jury may interpret defendants’ pro-life protest as source for Sarah’s trauma and her unfortunate loss.

Judge Leitman expressed serious concern over potential influence that emotional testimony may exert upon jury. He concurred that exhibit of PTSD by Sarah should not have been stated during proceedings.

Defense attorneys also raised objections about conditions if they were to cross-examine Sarah, asserting how it seemed effectively impossible from PR perspective due to already emotional laden context. It could potentially risk making them seeming callous hence being perceived negatively.

By late afternoon, despite some jurors hearing elements of emotional exchange from within Jury room, Judge Leitman concluded trial could indeed proceed fairly after mulling emotionally charged testimony in backdrop of broader evidence spectrum.

He recognized situation had evolved marginally but did not find any substantial variance in trial conditions post-testimony. Nonetheless he acknowledged further controversies might crop up considering highly sensitive context.

In their closing remarks defense counsel pleaded with the jurors to set aside emotions and remember that defendants’ actions rooted within Christian worldview believed potential abortion akin ‘murdering babies’ at Northland stressing criticality on independent thinking over empathy when adjudicating guilt or innocence.

Despite severe courtroom tension , defendants were upbeat at day’s end even found time and spirit to sing Doxology in courthouse stairwell.

The real news is expected to unfold over coming days as Caroline Davis gets ready for testimony next Monday who herself participated in Michigan protest partook plea deal reducing felony conspiracy charges against her. With track record of securing convictions including Tennessee case where six got convicted violating FACE Act – she promises powerful government witness this week.