| State court denies Stachokus appeal |
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| Protection from abuse hearing continued due to Meyers' hospitalization Tanya Meyers of Kingston is hospitalized and did not attend a protection from abuse order hearing against her ex-boyfriend Tuesday morning. Meyers, 22, who is 10 weeks' pregnant, was planning to have an abortion. The health of the unborn fetus that has garnered national attention is unclear. Luzerne County President Judge Michael Conahan Monday dissolved a petition for an injunction, filed by the unborn baby's father, John Stachokus, Plains, which temporarily barred Meyers from having this abortion. In his ruling, Judge Conahan cited the fact that the Fourteenth Amendment to the U.S. Constitution encompasses a woman's right to choose to have an abortion. Attorney John Williamson, who is representing Stachokus, said Tuesday he has already appealed this decision to Pennsylvania Superior Court, but according to WBRE Channel 28, The Citizens' Voice Northeast Pennsylvania News Alliance partner, the state Superior Court denied that appeal late on Tuesday afternoon. Williamson told Channel 28, after the ruling, he plans to appeal the state Superior Court's decision to the Pennsylvania Supreme Court and is requesting Judge Conahan grant an injunction forbidding Meyers from having the abortion until the state Supreme Court rules on the matter. Judge Conahan did not make a ruling on Williamson's request on Tuesday, Channel 28 reported. As for Tuesday's PFA hearing, Attorney Astra Outley, who appeared on behalf of Meyers before Judge Gailey Keller, would not say where Meyers was hospitalized, only stating she was "hemorrhaging." Stachokus, who was accompanied by Attorney Vincent Cappellini, said this was the first time he heard she was hospitalized. "I hope she's all right. I hope the baby is OK," Stachokus commented Tuesday, while leaving the hearing at the Penn Place Building, 20 N. Penn Ave., Wilkes-Barre. "I hope she's not going through with the abortion." Attorney Linda Rosenthal, Meyers' lead counsel and a staff attorney for the Center for Reproductive Law and Policy, would not say if Meyers plans to have an abortion, only saying, "She is trying to get her life back on track." Rosenthal also would not say why Meyers was hospitalized, noting that her private life has been publicized "without her having any control." In the meantime, Judge Keller said a temporary PFA Meyers filed against Stachokus would remain in effect. The hearing was continued until Aug. 20 at 9 a.m. before Judge Keller. Al Rende, founder of Fathers for Life, who also accompanied Stachokus on Tuesday, believes fathers should have rights, too. He explained that Stachokus is concerned about his ex-girlfriend and unborn child. Rende feels his rights are being violated. "The system is preventing him from knowing anything about her or the baby. We are advocating for change," Rende commented. An injunction Stachokus filed against Meyers to try to stop her from aborting her child drew national attention. Judge Conahan also cited the cases of Planned Parenthood vs. Casey of and Planned Parenthood vs. Danforth, which conclude that this right is not subject to being vetoed by a woman's husband or partner. Additionally, the judge cited the case of Larrimore vs. Doe, which concluded that neither an ex-boyfriend nor a fetus has a standing to interfere with a woman's choice to terminate her pregnancy. Rosenthal said she has seen this appeal and is "optimistic it will be fruitless, for the same reasons the injunction never should have been issued in the first place." The U.S. Supreme Court decision of Roe vs. Wade granted women the right to have an abortion. "There is a U.S. Supreme Court precedence that clearly grants a woman the unyielding right to make the decision about whether or not to terminate her pregnancy," Rosenthal commented. "I am hopeful and confident that the Pennsylvania Superior Court will follow every other court from the U.S. Supreme Court on. It is a woman's constitutional right to have an abortion." Rosenthal stressed that this constitutional right could not be challenged by a "boyfriend, let alone an abusive ex-boyfriend." "He has no right to know what's going on. The Supreme Court has said it's her right," Rosenthal emphasized. "When her abusive ex-boyfriend filed this injunction, he violated her right to privacy and attempted to control her body and her ability to make this decision." Rosenthal added that the fact that Luzerne County Court issued an injunction "interfering with and prohibiting" Meyers' constitutional right to have an abortion is illegal. When asked if she planned to pursue additional legal action, Rosenthal responded, "My client decided to let the dust settle and decide where to go from there." Many pro-life activists and fathers' groups were hoping that the Luzerne County court case may set a precedent to change the current law, which grants women the right to have an abortion. They believe fathers should have a say. Jeffery Leving, attorney and president emeritus of the Fatherhood Educational Institute in Chicago, Ill., released a statement Tuesday that he also is advocating for the rights of fathers like Stachokus who "may never be able to ensure life to his unborn child." "He many never see his child grow up like so many other men. Men have no reproductive rights in America," Leving said. "Fathers are often portrayed as being irresponsible, but here is a dad who wants to be responsible and the legal system won't allow it." Meyers has a 2-year-old son. Prior to being served with Stachokus' injunction, she had an abortion procedure scheduled for July 30. She claimed that she wanted to abort the child as a result of verbal and emotional abuse, threats and harms she claimed her ex-boyfriend has put her through. Stachokus has denied her allegations. She also testified that being prevented from getting her scheduled abortion has caused her extreme emotional distress. Stachokus had said he was willing to take full or partial custody of the child. In the PFA petition Meyers filed against Stachokus, Meyers charged Stachokus has harassed her by telephone and driving past her residence. She charged that Stachokus "threatened bodily harm if he ever sees me in public" and caused "verbal and emotional abuse for the past year toward both me and my son." "In the past, he has made comments to be about his hunting rifle and all the ammunition he has for them, but saying it in a way that I took as a threat," Meyers stated in her petition. James Conmy, Citizens' Voice staff writer, contributed to this report.
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