Helen's Story
On Jan. 22, 2001, I was picketing alone with the picture of abortion victim Malachai, whose name means "witness".   I was at the corner of 44 and Burnett Blvd., a location I had used for picketing for years.  This is close to the Town of Poughkeepsie Police Dept., and they have witnessed my presence often.  And many times, as the police cars drove by, Cops would wave, and give me "thumbs up" messages.  Never had I been even questioned by the police.  When we are stopped by police, we have a standard line; politely, we ask, " Am I breaking a law?  Which law am I breaking?  Is there a local ordinance which prevents me from picketing here?"  One hundred percent of the time, there is no law, and then we remind the policeman of our First Amendment right to free speech and assembly.  Except for one incident in Newburgh, where I was physically attacked by a cop (which led to an Internal Affairs investigation and an abject apology from the Department), this standard line has held, as it should.  On this date, however, after a complaint from a woman whose child was upset by the picture of a "torn baby", Officer Paul Herman dropped by.  He asked, "Do you have a permit?"  I replied that I didn't need one.  He told me to leave the area.  I went through the standard line of questioning.  I told him that if he could cite a law that I was breaking, I would indeed leave.  I asked him at least four times to tell me, what law? Finally, he said, "I don't have to tell you!" Then I raised the sign up , and he grabbed it, looked at it in disgust, and said, "You are holding up a fetus in front of this guy's restaurant (Planet Wings - the manager had come out to complain that his customers were upset by the sign - which I was holding away from the restaurant)??? " He grabbed the sign and threw it down.  I then said, "If you can't tell me what law I am breaking, the only way you can get me to move is to arrest me."  So out came the cuffs, and I was shoved into the police car, and brought to the station.  I was handcuffed to the bench in the holding cell while Herman searched for any "priors".  Another officer was present, and said to Herman, "Maybe we can get her on obstructing traffic!"  They both chuckled.  After about 45 minutes, I was released. I asked what the charge was, and Herman replied, "Disorderly Conduct" - under which is the subsection on "Obstructing Traffic".

After release from the police station I was dazed but praising God for this unexpected, unsought persecution. I was sure that good was going to come from it. Coincidentally as I was getting in my car, I got a call from the Poughkeepsie Journal, wanting my response on the Roe Vs. Wade anniversary. I told her what had happened but she wasn't interested, since the Journal doesn't cover violations. I even called the paper after I got home and received the same response. Still shaken, I called some of my friends to tell them what had happened.

A few days later Attorney John Kennedy called and offered to take the case pro-bono. He is affiliated with Domino Pizza tycoon Tom Monaghan's group, the Thomas Moore foundation. They were founded by Tom to provide free legal help for pro life activists. The Town of Poughkeepsie offered me an ACD (Adjournment in Contemplation of Dismissal), essentially a guilty plea but with no consequences. If you break the law within six months, you are in deep guano because the charge is reinstated. Naturally, I refused.

Soon afterwards John filed a Notice of Claim (the first salvo in bringing a lawsuit) against the Town. The next day, the whole issue appeared on the front page of the Area News in the Journal. It was a balanced, objective account by reporter Michael Valkys, who was to cover it all the way with consistent professionalism. It was after this that we found out that the case was assigned to Senior Assistant DA Kavenaugh. It is unprecedented that a violation be given to the DA. To boot, the DA in Dutchess County is Bill Grady, a man I know socially, and to whose children I have given piano lessons.  He is Catholic, and pro life. Lucky for me. Then the games began.

On our first appearance in court, the DA wasn't prepared. A week later he wasn't prepared. Third week, he asks for a month so he can prepare. Month later, whoops, he didn't have time to type it up. I gave him SUCH A look that he actually shook a little. Finally, the charges were so incomplete John asked for him to do it again, due to "insufficiency".  I was "...at the intersection of 44 and Burnett Blvd.... holding a large abortion sign, blocking traffic."  Didn't say I was in the road, on the sidewalk, or in a tree. Kavenaugh re-wrote it, with the same deficiencies. Finally, the DA dismissed the first charge, and recharged me with "recklessly" (with intent) obstructing the view of traffic.

By this time, I was really getting upset. Because of the press coverage I lost one fourth of my piano students.

That weekend was long and unbelievably stressful for me.  I was afraid; of lies, of the feeling of powerlessness I had.  I felt like a soulless machine was going to roll over on me.  I really cannot bear feeling helpless.  Yet that was how I felt.  I admit that, so you who read it continue to pray for me and STOPP, because I really can lose perspective, looking at circumstances, instead of Jesus.  It's a recurring problem for me.  Sunday night, I went nuts trying to decide what to wear; I hate to shop for clothes, and had reason to rue that lifestyle!  But I know that this was an attempt to deflect the dread I felt.

I didn't sleep.

Monday, I gave up on sleeping, drank a lot of coffee, and waited; I arrived early to the courthouse, and soon Chris Ferrara (a full-time pro life attorney who works with the American  Catholic Lawyers Association) and John appeared.  there were a few pro lifers there too, and I felt much better.  We all sat, the DA showed up, and a moment later, Chris motioned me out of the courtroom, He and John told me that the town had offered to drop all charges - not an ACD, like before, no, they would make it all go "poof" -- if  -- I agreed not to sue them in civil court.  To my shock, Chris-the-pit-bull-Ferrara, and John, urged me to consider this! I said, "Are you guys crazy?  After all they have put me through, they expect me to just walk away?!"  Chris said, "Well, Helen, we don't know what we have here. As your attorney, I have an obligation to urge you to consider this."  This really scared me; sort of an "Et tu, Brute?" response. When I rejected their counsel, they began to talk about how we would put up the $250 fine.  That finished it; I remember saying, "Haven't you been listening to me?  I told you from the beginning that these clowns aren't getting one bloody cent from me, I don't care if I have to do 60 days in jail!" ( I can get scared, but don't push me around.)  So, with that understood, we went in.

The first witness was the woman who called in the complaint about her child seeing Malachai, and becoming upset.  She had called John after following the account in the paper, and was appalled at what they were doing; I guess she didn't tell the DA that, because he, and all the rest, were witnesses for the prosecution!  Her testimony was not only damning to "The People", it reassured me about something I need to mention, here.  I, and STOPP, are a Parent's Rights outfit.  We believe only parents have the right to educate their kids about sex, and lots of other things, and this is the primary reason we fight PP. They want to raise our kids, and we have been a constant obstacle to this outrageous undermining of our values.  So, when I use an aborted baby sign, I go out of my way to ensure that it is during the hours that kids are in school.  As soon as the busses start rolling, I pack up and go home.  And in the summer, Malachai goes on vacation, and STOPP uses other signs.  He will be back after Labor Day.  But the mother mentioned that her child saw Malachai because she had picked her up early from school.  And, she added, at no time was I obstructing traffic!  As she went to leave the room, she gave me "thumbs up" and said, "Good luck, Helen!"

Second was  Himself, Officer Herman, looking like he was walking the last mile.  He admitted to the DA and to Chris that he at no time actually saw me obstructing traffic.  He just "advised" me to move to a safer place.  he committed only a little bit of perjury by saying that, and denying that he had asked me for a permit.

Two down.

Then, their "surprise witness", some hapless cop who was coming to work, and saw me and Herman interacting at the corner.  The DA asked him if he had any idea what our conversation was about(?!).  He replied, "Uh, no, I was in my car, and all I saw was officer Herman gesticulating with his hands."  Chris's cross - "Did you see the defendant at any time obstructing traffic?"  Reply: "No, not at any time." The DA, trying to recapture some semblance of professional dignity, in his summation  decried the plight of the people who "Didn't complain" but suffered as a result of my "reckless" activity. Chris, stifling a chuckle, said something about the prosecution's case depending on "phantom" people who didn't complain.

Then the judge threw the case out.

I don't need to mention to you, who live in this county, how much of your money was wasted on this asinine thing.  Not only didn't they have anything whatever up their sleeves, they didn't have sleeves, and now they are going to lose their shirts.  I hope to go into full-time pro life work, with whatever we get in our Denial of First Amendment Rights suit.

Helen Westover; the Rodney King of Dutchess County!