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Lies are revealed at Pendergraft trial

By Editorial Staff
Published January 25, 2001

By Rick Cundiff, Staff Writer, Ocala Star Banner

OCALA — From the witness stand Wednesday, Michael Spielvogel did his best to do what he said has always been his top priority in Ocala — protecting an innocent Dr. James Scott Pendergraft IV.

During the day, Spielvogel admitted he lied to Marion County Commissioner Larry Cretul about Pendergraft’s plans for an Ocala abortion clinic and about threats allegedly made by Cretul.

Spielvogel acknowledged that he faked the telephone call in which he repeated the threats Cretul allegedly made for Pendergraft to hear.

Spielvogel also testified he didn’t tell Pendergraft, Pendergraft’s lawyers, or even his own lawyer, that he faked that call until sometime in the past 16 days — after the federal trial had started in Ocala.

But he adamantly insisted Pendergraft didn’t know about his lies and that his co-defendant had done nothing wrong.

“I’m the scumbucket, dirtbucket, if you want to call it that,” Spielvogel said angrily. “If I go to prison and he goes free, that’s the right thing, if I did anything wrong.”

Spielvogel’s outburst, just before the trial recessed for the day, came after more than an hour of intense, aggressive questioning by Assistant U.S. Attorney Mark Devereaux. Moments before, Devereaux had asked Spielvogel if he knew what it meant to “take the fall for somebody.”

Devereaux repeatedly quizzed Spielvogel about the faked phone call. Speaking loudly to overcome Spielvogel’s partial hearing loss, Devereaux’s tone was icy and frequently sarcastic.

Spielvogel called his picking up a telephone in Pendergraft’s office and repeating comments he alleged Cretul made to him a “re-enactment.”

“Was it a true-life re-enactment, like MacArthur’s return to the Philippines?” Devereaux asked. “Was this a faked re-enactment or a real re-enactment?”

Earlier in the day, Spielvogel admitted that Cretul did not make threats against Spielvogel’s wife or the clinic and did not mention an Alabama clinic bombing during a telephone call between the two men on Jan. 29, 1998.

Devereaux and Pendergraft attorney Jacob Rose sparred briefly near the start of Devereaux’s cross-examination. Rose objected twice to Devereaux’s habit of pointing with his arm toward Pendergraft as he questioned Spielvogel. The second time, Rose and Devereaux exchanged words briefly.

At that, Senior U.S. District Judge William Terrell Hodges slammed his fist down on the bench.

“You will not address each other!” he declared loudly. “Your objection, Mr. Rose, is overruled. Sit down.”

Pendergraft and Spielvogel are charged with conspiring to extort millions of dollars from Marion County government by making fraudulent statements in a lawsuit Pendergraft filed in December 1998.

Pendergraft owns the Ocala Women’s Center on Pine Avenue and four other Florida clinics, which perform abortions.

The FBI began investigating Spielvogel and Pendergraft in October 1997, after Spielvogel called Cretul, shortly after the County Commissioners sent a one-paragraph letter to Pendergraft asking him to reconsider his plans to open the Ocala clinic.

In that call, Cretul testified, Spielvogel allegedly said the county could expect “violent protests and firebombings” if the Pine Avenue clinic opened but the problems could be avoided if the county bought the clinic property.

Cretul, at the FBI’s direction, taped subsequent phone calls between himself and Pendergraft or Spielvogel.

Spielvogel testified repeatedly Wednesday that his sole purpose in talking to Cretul was to try to persuade Pendergraft that the doctor shouldn’t open a clinic in Ocala.

“I was scared at the possibility of the clinic’s opening in Ocala and my wife going up there and Dr. Pendergraft’s safety and the staff’s safety,” he said. Spielvogel’s wife, Mary, is a clerical employee in Pendergraft’s Orlando clinic.

Pendergraft didn’t share his concerns, Spielvogel said.

“Dr. Pendergraft just shut me down,” he testified. “I told him I was scared about him going to Ocala, that I was scared for his staff going to Ocala.”

Around the time of the January 1998 telephone conversation between Spielvogel and Cretul, Spielvogel’s father was dying of cancer in Houston, Spielvogel said.

With the stress of his father’s pending death, the Birmingham clinic bombing and a comment from Cretul that he believed protest letters Pendergraft was receiving from area churches were “gonna be mild,” Spielvogel did feel threatened, he said.

“It was just a total buildup in my head of what was happening,” he said.

After that conversation with Cretul, Spielvogel called the FBI himself to ask to for protection from Cretul’s alleged threats. Later that evening, he went to the Orlando Women’s Center and made a brief telephone call from Pendergraft’s unoccupied office to a relative.

As Pendergraft entered the office, Spielvogel still had the phone in his hand. He began saying things as if he were talking to Cretul and repeating comments Cretul was making, loud enough for Pendergraft to hear.

Spielvogel later repeated his allegations in an affidavit filed in the lawsuit. Pendergraft filed a second affidavit saying he believed Spielvogel, because Spielvogel repeated the threats while he was on the phone with Cretul.

“I didn’t mean to deceive anybody on this affidavit,” Spielvogel said Wednesday. “I believed what I signed to be correct and true, as to my feelings.”

Attorney Roy Lucas, who has since disappeared, attempted to use those affidavits in March 1999 to seek a financial settlement from Marion County in the lawsuit. Lucas came up with the idea of trying to collect monetary damages, Spielvogel said. Hodges dismissed the lawsuit in late 1999.

An FBI videotape of a meeting of Lucas, Pendergraft, Spielvogel, and the county’s lawyer, Virgil “Bill” Wright III, shows Spielvogel repeating the allegation that Cretul threatened him, his wife and the clinic.

The trial is scheduled to continue this morning, with Spielvogel returning to the witness stand to face more cross-examination by Devereaux.


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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).

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Running Time: 195 minutes

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The Four Keys to the Millennium (Book)

Foundations in Biblical Eschatology

By Jay Rogers, Larry Waugh, Rodney Stortz, Joseph Meiring. High quality paperback, 167 pages.

All Christians believe that their great God and Savior, Jesus Christ, will one day return. Although we cannot know the exact time of His return, what exactly did Jesus mean when he spoke of the signs of His coming (Mat. 24)? How are we to interpret the prophecies in Isaiah regarding the time when “the earth will be full of the knowledge of the LORD as the waters cover the sea” (Isa. 11:19)? Should we expect a time of great tribulation and apostasy or revival and reformation before the Lord returns? Is the devil bound now, and are the saints reigning with Christ? Did you know that there are four hermeneutical approaches to the book of Daniel and Revelation?

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Freedom: The Model of Christian Liberty (DVD)

“Give me liberty or give me death!”

Patrick Henry’s famous declaration not only helped launch the War for Independence, it also perfectly summarized the mindset that gave birth to, and sustained, the unprecedented experiment in Christian liberty that was America.

The freedom our Founders envisioned was not freedom from suffering, want, or hard work. Nor was it freedom to indulge every appetite or whim without restraint—that would merely be servitude to a different master. No, the Founders’ passion was to live free before God, unfettered by the chains of autocracy, shackles that slowly but inexorably bind men when the governments they fashion fail to recognize and uphold freedom’s singular, foundational truth: that all men are created in the image of God, and are thereby co-equally endowed with the right to “life, liberty, and the pursuit of happiness.”

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This DVD features “Liberty: The Model of Christian Liberty” along with “Dawn’s Early Light: A Brief History of America’s Christian Foundations.” Bonus features include a humorous but instructive collection of campaign ads and Eric Holmberg’s controversial YouTube challenge concerning Mitt Romney’s campaign for president.

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Massacre of Innocence (DVD)

Exposing The Occult Roots of Abortion

This presentation looks at the spiritual roots of abortion and exposes the myths surrounding child killing. Little known historical facts about abortion and how they relate to modern feminism are presented logically and accurately. Has been effective in converting many to a pro-life position.

Massacre of Innocence goes where no pro-life presentation has gone before in “tearing the lid off abortion” to reveal the spiritual realities we must battle if we will bring an end to this crime. The presentation is absorbing, fast-paced, informative and incredibly devastating to any attempt to justify abortion.

“… an extraordinary statement … a powerfully articulate presentation about what abortion really means, and why a great and moral nation like the United States must not allow the slaughter to continue.”
— Congressman Robert K. Dornan

Running time: 85 minutes

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Abortion Clinic 911 Calls (DVD)

Exposes the Dangers of Abortion to Women!

These shocking eyewitness accounts expose the dangers of abortion not only to unborn children, but to the health and lives women as well. An antidote to the smokescreens of the liberal media, these short clips show what really happens in and around abortion clinics.

Although the content is emotionally gut-wrenching, these videos have been used in church seminars and small groups to educate Christians on the abortion issue and to lead people toward a pro-life position. Contains 2 hours and 40 minutes of materials that can be shown separately.

Watch these pro-life videos on-line.

“These videos helped change my mind from pro-choice to pro-life. Your videos are what did it for me. I will be walking in next year’s March For Life in San Francisco.” — A. Jackson, California

“I was going to have an abortion until I saw your video. Praise Jesus!”
— M. Drew, YouTube Commenter

$4.95 — ORDER NOW!

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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...
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