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DC Judge: ‘Truth’ About Aborted Baby Remains Not ‘Relevant’ to DOJ Case Against Pro-Lifers
the Daily Signal ^ | September 8, 2023 | Mary Margaret Olohan

Posted on 09/08/2023 8:59:40 PM PDT by Morgana

A Washington, D.C., judge has refused to allow pro-life activists to show photos of aborted, preemie-sized babies as evidence in court, as well as a video wherein a D.C. abortionist allegedly describes how he would allow babies to die if they survived his abortions.

Her refusal pertains to the case of Lauren Handy and four other pro-life activists, who were convicted by a D.C. jury last month of violating the Freedom of Access to Clinic Entrances (FACE) Act when they sought to prevent the abortions of unborn babies by blocking women from a D.C. abortion clinic, the Washington Surgi-Clinic, in 2020.

In the Aug. 3 order, Judge Colleen Kollar-Kotelly struck down Handy’s defense counsel’s request to enter the aborted baby pictures as evidence. The judge reasoned that “the truth” about how the babies were aborted is irrelevant to Handy’s case.

“Such photos are particularly incendiary and entirely distracting from the events at issue,” Kollar-Kotelly said. “The truth of the procedures related to the fetal remains are not, as Defendant concedes, relevant to this case.” gov.uscourts.dcd_.241671.333.0Download

Handy and her fellow pro-life activists believe that the babies were illegally aborted by Cesare Santangelo using brutal partial-birth abortion techniques, which are illegal under the Partial-Birth Abortion Ban Act of 2003.

That legislation describes a partial-birth abortion as follows: “An abortion in which a physician deliberately and intentionally vaginally delivers a living, unborn child’s body until either the entire baby’s head is outside the body of the mother, or any part of the baby’s trunk past the navel is outside the body of the mother and only the head remains inside the womb, for the purpose of performing an overt act (usually the puncturing of the back of the child’s skull and removing the baby’s brains) that the person knows will kill the partially delivered infant.”

This type of abortion is “a gruesome and inhumane procedure that is never medically necessary and should be prohibited,” the text of the law says.

Handy has said that she was motivated to stop abortions from occurring inside Washington Surgi-Clinic, located in downtown Washington, D.C., after she viewed an undercover video published by the pro-life group Live Action that allegedly showed Santangelo discussing how he would allow babies to die if they were accidentally delivered during abortions.

Santangelo has previously not responded to numerous requests for comment from The Daily Signal.

The pro-life activist’s defense counsel had petitioned to enter the pictures of the babies as evidence through an exhibit list dated July 7, Townhall’s Mia Cathell reports.

Kollar-Kotelly acknowledged that Handy believed that Santangelo and Washington Surgi-Clinic were aborting babies born alive. But the judge described aborted babies born alive through botched abortions as “undoubtedly unlawful under state and federal law.”

“Defendant claims that, at the time of the charged conduct, she subjectively believed that the clinic in question was conducting, evidently in addition to reproductive health services, what the Court will term ‘post-birth abortions,’ which are undoubtedly unlawful under state and federal law,” the judge said. “Based on this subjective belief, Defendant proffers that her sole intent in undertaking the charged conduct was to obstruct post-birth abortions, and not a reproductive health service.”

But the government argued that Handy couldn’t possibly have “held such a mental state,” Kollar-Kotelly said.

The judge goes on to state that the court will not allow Handy to show photos of “expired fetuses”—”or, in their telling, dead babies,” Kollar-Kotelly adds, suggesting she does not agree with this characterization of the deceased unborn.

And since the pictures of the aborted babies are from after the incident that the Justice Department is charging her with (the Oct. 22, 2020, incident), Kollar-Kotelly said the “unsupported allegations of post-birth abortion in these materials substantially outweigh any modicum of probative value.”

Similarly, the judge denied Handy’s request to show the Live Action video of Santangelo.

The video footage depicts the Live Action investigator asking Santangelo whether the baby might “move” if “it” were born alive, to which the abortionist allegedly told her, “That’s why I try and sever the umbilical cord first, and we wait for that to stop pulsing, and this way the fetus is expired first, so it doesn’t.”

“Has it ever survived?” the Live Action investigator asked. Santangelo allegedly responded, “No, not here,” adding, “usually at this point in your pregnancy, it is too early to survive. Usually, it will expire shortly after birth.”

“But if it did, what would happen?” the investigator asked him. “Would I have to take it home, or like—”

“I mean, technically, legally, we would be obligated to help it, you know, to survive,” he told her, according to the video. “But you know, it probably wouldn’t. It’s all in how vigorously you do things to help a fetus survive at this point.”

“When you have a pregnancy that is 23, 24 weeks … if you do everything possible to help it survive, there’s a maybe a 20%-30% chance that it would survive,” he said. “If you don’t do anything then, you know, the chances are much, much less.”

He added that “there are things you can do” to make sure the baby does not survive.

“Obviously, you’re here for a certain procedure, and if your pregnancy were—let’s say you went into labor, the membranes ruptured, and you delivered before we got to the termination of the procedure here,” he continued. “Then we would do things. We would not help it.”

“We wouldn’t intubate, let’s say,” Santangelo explained, adding that he “wouldn’t do any extra” to help the dying baby and comparing letting the baby die to letting a terminally ill person die. “Like a ‘do not resuscitate’ order.”

If the mother were in a Virginia hospital and went into labor, medical professionals would do everything possible to help her baby survive, Santangelo said—but “we wouldn’t here.”

“That’s happened before,” Santangelo added, according to the video. “We’ve had patients that, you know, on the second day of the laminaria, they got some contractions, and they panicked, and they were in Virginia at the hospital. They went to the hospital, because they had some pain, instead of calling me.”

“And the hospital helped them to deliver,” he added. “Which was the stupidest thing they could have done … and they did everything they [inaudible] have done, which was help them to deliver.”


TOPICS: Front Page News; Government; News/Current Events; US: District of Columbia
KEYWORDS: abortion; cesaresantangelo; colleenkollarkotelly; face; kollarkotelly; laurenhandy; partialbirthabortion; prolife; santangelo

1 posted on 09/08/2023 8:59:40 PM PDT by Morgana
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To: Morgana

No words can describe this evil.


2 posted on 09/08/2023 9:16:53 PM PDT by pax_et_bonum (“Killer rabbit jokes have a long tradition in medieval literature.“ - Dr. James Wade)
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To: Morgana

DC means defiantly corrupt.


3 posted on 09/08/2023 10:08:19 PM PDT by ASOC (This space for rent)
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To: Morgana

Alex Jones’ Newtown trial was the proof-of-concept of the judge denying a jury trial and “deeming” the accused guilty, then empaneling a jury to determine the appropriate punishment.


4 posted on 09/08/2023 11:51:15 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: pax_et_bonum
[as well as a video wherein a D.C. abortionist allegedly describes how he would allow babies to die if they survived his abortions.]


5 posted on 09/09/2023 12:17:33 AM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: Morgana
It's a good thing this Judge wasn't at Nuremberg.
If images of a crime aren't relevant and the Judge now is psychic and can determine a defendants state of mind we have no legal system.

These men would approve of this Judge.

6 posted on 09/09/2023 2:00:05 AM PDT by Waverunner
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To: Morgana

To be fair, this judge also dealt harshly with all the protesters charged with violating federal law by harassing Justice Alito and his family after the decision was leaked. Oh, wait…


7 posted on 09/09/2023 3:05:05 AM PDT by I-ambush (From the brightest star comes the blackest hole. You had so much to offer, why didya offer your sou?)
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To: Morgana

Thank you Morgana, I appreciate your posts.
I post FreeRepublic to GAB mostly, FreeRepublic is in my opinion, the archives of the last 30 years.
GAB is full of freaks that are able to speak freely.
That doesn’t bother me near as much as the suppression of free speech.

https://freerepublic.com/tag/*/index?more=4044069
200306 Ukraine Russian War

After 5 years, I found that most news posts were deleted, Erasing history, But the FreeRepublic posts with their excerpts keep history alive.

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200303

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8 posted on 09/09/2023 4:12:03 AM PDT by Haddit
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To: Morgana

Wow....so “no, you can’t show your evidence because I don’t want to see it as it challenges my opinion”.

What a pathetic excuse, in a case about illegal procedures, not being able to show pictures that prove illegal procedures.


9 posted on 09/09/2023 7:29:13 AM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: fuzzylogic

Appeals will follow.


10 posted on 09/09/2023 11:09:35 AM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: Morgana

A hyphenated last name = Maoist


11 posted on 09/09/2023 12:36:02 PM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: Morgana
It is a good thing that: Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord....Romans 12:19.
12 posted on 09/09/2023 12:40:17 PM PDT by CFW (I will not comply!)
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To: CFW
Its tough to remember, but yup.
God says 'Vengeance is Mine'. Prayers, and shining spotlights on the criminals/crimes (and crooked judges) are appropriate measures, ... but beyond that, 'Vengeance is Mine, I WILL repay, sayeth the Lord'
13 posted on 09/09/2023 3:34:31 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: Morgana

Judge Colleen Kollar-Kotelly, this bitch is eighty years old and still on the bench. She recently ruled in favor of gays in the military.


14 posted on 09/10/2023 10:13:53 AM PDT by Bookshelf
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