Jay Rogers
Director:
Jay Rogers

Recent Posts

The Forerunner

FBI videotape allowed in Pendergraft case

By Editorial Staff
Published October 3, 2000

By Rick Cundiff, Staff Writer, Ocala Star Banner

OCALA — An FBI videotape of a meeting between Marion County officials and the doctor who operates an Ocala abortion clinic may be admitted as evidence in the doctor’s upcoming extortion trial, a federal judge ruled Monday.

U.S. Magistrate Judge Gary R. Jones ruled against a motion by attorneys for Dr. James Scott Pendergraft and his co-defendant, Michael Spielvogel, to suppress the videotape of the meeting at which Pendergraft and Spielvogel allegedly threatened to bankrupt Marion County by asking for a $100 million jury verdict in Pendergraft’s civil suit against the county.

Pendergraft and Spielvogel’s lawyers asked Jones to rule out the videotape under a section of U.S. law that prohibits statements made in civil settlement conferences from being used later in criminal matters under certain circumstances. Jones ruled that the statements made by Pendergraft and Spielvogel on the tape didn’t meet the criteria for exclusion under that rule.

Jones, however, didn’t rule out the possibility that U.S. Senior District Judge William Terrell Hodges could exclude part or all of the tape when the case comes to trial, under standard rules of evidence.

Assistant U.S. Attorney Mark Devereaux also raised the possibility that Pendergraft could be facing more criminal charges in Orlando, an allegation Pendergraft and his attorneys denied afterward.

“We know nothing about that,” said Pendergraft’s attorney, Jacob Rose.

Devereaux raised the issue in regard to Spielvogel’s attorney, Daniel Brodersen. Devereaux alleged that Brodersen represents Pendergraft in a pending criminal matter in Orlando, and that could compromise his defense of Spielvogel. Saying the investigation is still pending and no charges have been filed against Pendergraft in Orlando, Devereaux declined to be more specific in open court. He could not be reached for comment after the hearing.

In addition to the Ocala facility, Pendergraft operates abortion clinics in Orlando, Tampa and West Palm Beach.

Brodersen later said he doesn’t currently represent Pendergraft in any criminal matter. Pendergraft and Spielvogel declined to comment. Pendergraft’s spokeswoman, Marti MacKenzie, called Devereaux’s comments part of a “witch hunt” and a “smear campaign.”

“If they can’t pull a rabbit out of their hat, they’re going to pull a rat out of their hat,” MacKenzie said. “I think it’s entirely inappropriate that he would bring something up in open court.”

Pendergraft and Spielvogel, his Orlando-based real estate advisor, were indicted on June 13. The five-count indictment alleges that Pendergraft and Spielvogel conspired to extort millions of dollars from Marion County government by making false and fraudulent statements in a civil lawsuit Pendergraft filed in December 1998. Hodges dismissed that suit last December.

The criminal indictment alleges Pendergraft and Spielvogel lied in that suit by saying County Commissioner Larry Cretul threatened Spielvogel and the clinic. The indictment also alleges that Pendergraft and Spielvogel, through attorney Roy Lucas, threatened to bankrupt the county with a $100 million lawsuit.

Cretul and Virgil “Bill” Wright, who was acting as the county’s attorney for the civil suit, agreed to meet with Pendergraft and Spielvogel in March, 1999, at the request of the FBI. Devereaux argued that the meeting wasn’t actually a settlement meeting for the civil suit because Cretul and the county would not settle, and would not have met with Pendergraft and Spielvogel without the FBI request.

Attorneys for Pendergraft and Spielvogel argued that their clients met in good faith with the county officials to try to settle Pendergraft’s lawsuit, and that the tape therefore couldn’t be used.

Pendergraft and Spielvogel are both charged with conspiracy to commit extortion, lying under oath and mail fraud. Spielvogel faces additional charges of offering false testimony and making false statements to FBI investigators. Both men pleaded not guilty July 6.

If convicted, Pendergraft faces up to 30 years in prison and $750,000 in fines, while Spielvogel could face up to 40 years in prison and $1.25 million in fines.

The case is scheduled to go to trial Sept. 5, but Jones noted Monday that it’s likely to be delayed due to motions by both sides. Pendergraft and Spielvogel’s attorneys also have filed motions for outright dismissal, and to move the trial to Orlando. Hodges is expected to rule on those motions sometime this week.


Forerunner - Home » Florida's Murder Industry »

Your comments are welcome!

Textile Help

God's Law and SocietyGod's Law and Society (DVD)

Download the Free Study Guide!

God’s Law and Society powerfully presents a comprehensive worldview based upon the ethical system found in the Law of God.

Speakers include: R.J. Rushdoony, George Grant, Howard Phillips, R.C. Sproul Jr., Ken Gentry, Gary DeMar, Jay Grimstead, Steven Schlissel, Andrew Sandlin, Eric Holmberg, and more!

Sixteen Christian leaders and scholars answer some of the most common questions and misconceptions related to this volatile issue:

1. Are we under Law or under Grace?
2. Does the Old Testament Law apply today?
3. Can we legislate morality?
4. What are the biblical foundations of government?
5. Was America founded as a Christian nation?
6. What about the separation of Church and State?
7. Is neutrality a myth?
8. What about non-Christians and the Law of God?
9. Would there be “freedom” in a Christian republic?
10. What would a “Christian America” look like?

Perfect for group instruction as well as personal Bible study.

Ten parts, over four hours of instruction!

Running Time: 240 minutes

Watch over 60 on-line video interviews from God’s Law and Society.

$19.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


Go Stand Speak (DVD)

With “preaching to the lost” being such a basic foundation of Christianity, why do many in the church seem to be apathetic on this issue of preaching in highways and byways of towns and cities?

Is it biblical to stand in the public places of the world and proclaim the gospel, regardless if people want to hear it or not?

Does the Bible really call church pastors, leaders and evangelists to proclaim the gospel in the public square as part of obedience to the Great Commission, or is public preaching something that is outdated and not applicable for our day and age?

These any many other questions are answered in this documentary.

$19.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


The Abortion Matrix: Defeating Child Sacrifice and the Culture of Death (DVD)

Download the free Study Guide!

Is there a connection between pagan religion and the abortion industry?

This powerful presentation traces the biblical roots of child sacrifice and then delves into the social, political and cultural fall-out that this sin against God and crime against humanity has produced in our beleaguered society.

Conceived as a sequel and update to the 1988 classic, The Massacre of Innocence, the new title, The Abortion Matrix, is entirely fitting. It not only references abortion’s specific target – the sacred matrix where human beings are formed in the womb in the very image of God, but it also implies the existence of a conspiracy, a matrix of seemingly disparate forces that are driving this holocaust.

The occult activity surrounding the abortion industry is exposed with numerous examples. But are these just aberrations, bizarre yet anomalous examples of abortionists who just happen to have ties to modern day witchcraft? Or is this representative of something deeper, more sinister and even endemic to the entire abortion movement?

As the allusion to the film of over a decade ago suggests, the viewer may learn that things are not always as they appear to be. The Abortion Matrix reveals the reality of child-killing and strikes the proper moral chord to move hearts to fulfill the biblical responsibility to rescue those unjustly sentenced to death and to speak for those who cannot speak for themselves (Proverbs 24:11,12; 31:8,9).

Speakers include: George Grant, Peter Hammond, RC Sproul Jr., Paul Jehle, Lou Engle, Rusty Thomas, Flip Benham, Janet Porter and many more.

Ten parts, over three hours of instruction!

Running Time: 195 minutes

$19.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


Amazing GraceAmazing Grace: The History and Theology of Calvinism (DVD)

Download the Free Study Guide!

Just what is Calvinism?

Does this teaching make man a deterministic robot and God the author of sin? What about free will? If the church accepts Calvinism, won’t evangelism be stifled, perhaps even extinguished? How can we balance God’s sovereignty and man’s responsibility? What are the differences between historic Calvinism and hyper-Calvinism? Why did men like Augustine, Luther, Calvin, Spurgeon, Whitefield, Edwards and a host of renowned Protestant evangelists embrace the teaching of predestination and election and deny free will theology?

This is the first video documentary that answers these and other related questions. Hosted by Eric Holmberg, this fascinating three-part, four-hour presentation is detailed enough so as to not gloss over the controversy. At the same time, it is broken up into ten “Sunday-school-sized” sections to make the rich content manageable and accessible for the average viewer.

Running Time: 257 minutes

$19.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


The Real Jesus: A Defense of the Historicity and Divinity of ChristThe Real Jesus: A Defense of the Historicity and Divinity of Christ (DVD)

Who is the Real Jesus?

Ever since the dawn of modern rationalism, skeptics have sought to use textual criticism, archeology and historical reconstructions to uncover the “historical Jesus” — a wise teacher who said many wonderful things, but fulfilled no prophecies, performed no miracles and certainly did not rise from the dead in triumph over sin.

Over the past 100 years, however, startling discoveries in biblical archeology and scholarship have all but vanquished the faulty assumptions of these doubting modernists. Regrettably, these discoveries have often been ignored by the skeptics as well as by the popular media. As a result, the liberal view still holds sway in universities and impacts the culture and even much of the church.

The Real Jesus explodes the myths of these critics and the movies, books and television programs that have popularized their views. Presented in ten parts — perfect for individual, family and classroom study — viewers will be challenged to go deeper in their knowledge of Christ in order to be able to defend their faith and present the truth to a skeptical modern world – that the Jesus of the Gospels is the Jesus of history — “the same yesterday, today and forever” (Hebrews 13:8). He is the real Jesus.

Speakers include: George Grant, Ted Baehr, Stephen Mansfield, Raymond Ortlund, Phil Kayser, David Lutzweiler, Jay Grimstead, J.P. Holding, and Eric Holmberg.

Ten parts, over two hours of instruction!

Running Time: 130 minutes

$19.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information

Share |

Search this site:
View CCNow Cart/Checkout
View CCNow Cart/Checkout

RSS
Subscribe to
The Forerunner

Have The Forerunner Weblog sent straight to your inbox!

Enter your email address:

YouTube
The Forerunner Channel on YouTube


Promote Your Page Too

Featured Product
If you like the articles on this website, you may also be interested in:

Featured Articles

Live Seminar!

Real Jesus
The Abortion Matrix DVD: Update

The Abortion Matrix:
Defeating Child Sacrifice and the Culture of Death

is a 195-minute presentation that traces the biblical roots of child sacrifice and then delves into the social, political and cultural fall-out that this sin against God has produced. You can order this series on DVD, read the complete script and view clips on-line...
continued ...


View My Stats