Waagner Praises God From His Jail Cell!
“Let’s face it,” Waagner said, “I have a chance to reach millions of people and tell them what’s happening to God’s children. I sacrificed myself because nobody else was doing it.”
stated that he knows it’s not going to be easy getting heard. The State and Federal government of the
U.S. District Judge Susan Dlott refused to allow Waagner to tell the jury why he attacked hundreds of abortion businesses successfully shutting them down for various periods of time. As a result, the Jury deliberated less than 40 minutes before Waagner was found guilty on six charges including car theft and firearms violations. He faces 15 years to life in prison and fines of up to $250,000 on each count. Federal authorities say because Waagner has been convicted of three prior violent crimes, he could get a life sentence without parole.
Why did Waagner attack the abortion industry?
Waagner explains his reasons with one word: “necessity.”
He explained his defense strategy this way: “I tried to get the judge to let me offer what they call a “necessity” defense. That means I was trying to interfere with the abortion business, even to the extent of terrorizing it, because they were involved in a much more dangerous activity than I was attempting; namely, they were in the immediate act of killing little unborn babies. It was a necessity that they be stopped. And I should have every right to stop them because anything I had to do to stop them from killing babies was a less harmful activity than the murder I was stopping.”
I asked Waagner to explain why a Judge has the power to prevent a jury from hearing the defense that a defendant believed offered the best chance to defend himself. Waagner said it all boiled down to Supreme Court Justice Rehnquist’s opinion stated in various Supreme Court precedents that a Judge has a duty to prevent juries from hearing “frivolous” arguments.
I asked Waagner, “Are you telling me that a jury is prevented from hearing what a defendant believes is his best defense because some Judge can call that chosen defense “frivolous?”
Waagner replied, “You got it. Even when somebody like Paul Hill is willing to stake their life on a certain defense, a Judge can refuse to let the jury hear it if the Judge decides the defense does not qualify as a legitimate defense.”
I asked, “But doesn’t that defeat the whole idea of a trial by a jury of 12 of your peers?”
Waagner paused and even on the telephone I could sense he was grinning, “Well, there’s more than one way to get your defense heard. That’s why I had the jury listen to the tape I made when I was at your house. Even though the Judge ruled that I couldn’t offer the necessity defense, I got to make many of the points I would have made just by getting the jury to hear that tape.”
I replied, “But the jury still found you guilty.”
Waagner said, “Given the Judge’s instructions, they really had no choice. She told them to totally disregard everything I said that related to the necessity defense.”
I said, “Well, the jury could have still nullified the Judge’s instructions. That’s what it means to have a trial by jury. They have the right to decide anything they want insofar as your attacks on the abortion clinics are concerned.”
said, “I know. I think I will have a
better chance at the trial in
goes on trial in
Also, Clay Waagner indicated that he would put together a more complete analysis of the legal principles involved in the necessity defense and would send it in for publication by the Christian Gallery News Service.
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