The Mayor can resolve this with his pen.
Nebraska Freepers, scramble for intercept!
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Posted on 01/04/2008 4:33:56 PM PST by topher
Pro-life Women Jailed for Having Begged an Abortionist to Quit a Decade Ago
One faces five months in jail while another has been sentenced to serve eight months behind bars.
LINCOLN, Nebraska, January 4, 2008 (LifeSiteNews.com) - Pro-life activists Shari McKee and Melissa Abbink were jailed on December 28th, 2007, for speaking to Lincoln abortionist Winston Crabb on two occasions in front of his home 10 years ago. Abbink faces five months in jail while McKee has been sentenced to serve eight months behind bars.
According to Operation Rescue, in February, 1998, both were charged with violating the "focused picketing" ordinance even though neither had signs and both incidents lasted only a minute each. "Just long enough," said OR, "to plead for the lives of pre- born children as he walked from his car to his house."
After exhausting the appeals of the criminal cases, the convictions were upheld by the Nebraska Supreme Court on September 10, 1999. However, for reasons unknown, the mandate did not come down until September 28, 2005, over 6 years later.
The last two years have been spent seeking a commutation. The women's cases were brought before the Board of Pardons, which was very sympathetic, but refused to act because the Board does not review misdemeanor cases. The Board referred the cases to the Mayor of Lincoln, who has refused to act claiming he does not have the authority to grant commutations.
According to the women's attorneys, the Mayor clearly does have the authority to commute misdemeanor sentences.
"We are asking pro-lifers to write to Mayor Beutler and ask him to commute the sentences of these two women," said Larry Donlan, Director of Rescue the Heartland. "Be sure to point out that the Pardon Board says he has the authority to do so. Be polite and remember, it is a commutation that we are after, not a pardon. Like the parable of the widow, we are seeking justice for these two brave, God-fearing women. Only Mayor Beutler has that ability to grant that justice. He can do so by merely picking up the phone."
Mayor Chris Beutler 555 South 10th, 2nd Floor Rm 208, Lincoln, NE 68508 Fax: 402-441-7120 E-mail: mayor@lincoln.ne.gov
The women in two separate facilities may be contacted by mail:
Melissa Abbink 4420 NW 41st Lincoln, NE 68524
Sharon McKee 1125 E. 17th St. Columbus, NE 68601
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Maybe a dumb question, but is there no statute of limitations on a misdemeanor? I thought the S-of-L in misdemeanors was about 2 years.
Depends on if they were on a public sidewalk or street.
So you would be okay with the Fred Phelps crowd showing up at the home a family who lost their father in the WoT and permit them to ask questions of the widow as she and her children walk into their home?
Lincoln is the liberal capital of the state ie the statist understand that government is their protection racket & they aren’t going to worry about the 1st amendment rights of their sworn enemies. The fact that many on free republic do not understand that govt. is in fact a protection racket is sad.
I think of the crazed photographers and reporters following everyone important home. Don’t they have the right to be on the sidewalk? Don’t the boom boxes blasting base speakers invade my privacy in every part of my home when they drive down the street? MY QUESTION WILL BE...WHY DOES A MURDERER HAVE THE RIGHT TO LIVE IN PEACE AND QUIET, when every day he does his “work”. Legally I could simply play a base heartbeat 24/7 and drive him crazy. If I weren’t told to love my enemies as I want to be (I hate boom boxes), I would invest in one tomorrow and sit outside the wichita abortion clinic, but I couldn’t stand it myself, and the pre-born would hear it too.
I think because of the people willing to protect the families, that the police got involved, and the Phelps folks were shouted down in some towns (with people waving flags, and keeping the Phelps folks out of view...
The Phelps gang (friends of Al Gore) is a different issue to me: it violates Freedom of Religion -- the right to have a solemn funeral for a dearly departed one...
But that is my viewpoint...
I think the IRS are after the Phelps gang because it is all family members, and they claim it is a church... (And maybe the IRS should be after them...)
But towns have tried to put ordinances in place to prevent the Phelps gang from protesting only to have those ordinances overruled by liberal courts...
Unfortunately, the law prohibits anti-abortion speech. Pro-abortion speech and acts are included in the Constitution, however, per the Supremes. The “law” seems settled. And yet, we decry Nazism. Such HYPOCRISY.
Their next step would be to take it federal.
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So, we are talking about a half hour of speaking to people in public, from a position on public property.
Speaking to people in public? The facts of the case state shouting at the man's son, following the man away from the property and back to the property, and further shouting even when officers arrived.
Freedom of speech does not induce a requirement to listen. This was outright harassment.
They already did take it to federal court, and got turned down, six years ago.
Nebraska , Lincoln 9.40.090
9.40.090 Focused Residential Picketing, Prohibited.
(a) It shall be unlawful for any person to engage in focused picketing in that portion of any street
which abuts on the property upon which the targeted dwelling is located, or which abuts on property within
fifty feet (measured from the lot line) of the property upon which the targeted dwelling is located, except
the sidewalk space on the opposite side of the street from the targeted dwelling.
(b) For purposes of this section, the following definitions shall apply:
(1) Focused picketing shall mean picketing directed toward a specific person or persons
including, but not limited to, marching, congregating, standing, parading, demonstrating, parking, or
patrolling by one or more persons, with or without signs.
(2) Sidewalk space shall mean that portion of a street between the curb line and the
adjacent property line.
(3) Street shall mean the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(4) Targeted dwelling shall mean any building or dwelling unit within a building, in which
the target or targets of focused picketing reside.
(c) This section shall not apply to any picketing, focused or otherwise, which lawfully occurs
before or about any commercial or industrial establishment or business, regardless of where located.
(d) This section shall not be construed to authorize conduct which is otherwise prohibited by law.
(Ord. 17164 §1; April 7, 1997).
****************************************************
Based on how it is written and the date on which it was adopted it appears that this code was written specifically for these 2 ladies..., it also appears that these ladies were well aware of being targeted and adjusted their meeting with the abortionist so as to not meet the conditions set forth in section “b1” ; based on “b1” it seems on the surface that this does not apply as their presence although timed to coincide with the abortionists arrival did not have them loitering in any way ...
Every activity in “b1” “marching, congregating, standing, parading, demonstrating, parking, or patrolling by one or more persons, with or without signs.” implies much more time on the premises.
Abbink faces five months in jail while McKee has been sentenced to serve eight months behind bars.
**********************************************
were convicted of focused residential picketing, and each of them was sentenced to a jail term of 60 days. Abbink and McKee appealed to the district court for Lancaster County, which affirmed both convictions and both sentences.
**********************************************
OK ,,, how did 60 days each turn into 5 months and 8 months?
Sorry you guys feel the way you do. I am grateful that others are willing to call an abortion doctor out for murdering babies. I guess we can't count on you for any of the big important stuff, huh? Don't want to disturb your tea and crossaint break.
Okay, but do you believe the Phelps people should be permitted to stand on the sidewalk outside the home of a dead US service member and ask the family questions about what their son/husband/father died for?
I think of the disgusting displays of hate and intolerance that the Phelps (sp?) crew regularly perform with impunity and wonder if the whole world has gone completely insane...
There is but one goal, not of free speech, but of intimidation, of coercing someone into following a set of actions to get relief from the intimidation. I absolutely believe that the words of pro-life activists should be protected, but in no way do I believe that anyone should be induced to listen to their words. Freedom of speech also means freedom from speech.
Would you support anti-war activists camping out in front of people’s homes across the country to shout down our soldiers? Their kids? How about illegal alien supporters camping out in front of Minutemen homes? Following them around in their cars?
This /is/ the big important stuff that we fight for each and every day.
According to the source the offense occurred in 1998 and the case had been decided and appealed to the state supreme court by 1999. The jail order, for some reason, didn't come down till 2005, and appeals have been going on since then. States of limitation generally cover the period between criminal act and the filing of criminal charges
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