Jay Rogers
Director:
Jay Rogers

Recent Posts

The Forerunner

Pendergraft denied appeal bond, 6/21/2001

By Editorial Staff
Published June 21, 2001

By Rick Cundiff, Staff Writer, Ocala Star Banner

OCALA — A federal judge Thursday denied abortion provider James Scott Pendergraft’s motion to remain free on bond while he appeals his conviction on charges of attempted extortion, conspiracy and mail fraud.

Senior U.S. District Judge William Terrell Hodges rejected, without a hearing, motions by Pendergraft and his co-defendant Michael Spielvogel to allow the men to remain free during their appeals to the 11th U.S. Circuit Court of Appeals.

Both men were convicted in February. Spielvogel was convicted of the same charges as Pendergraft, and two additional charges of making false statements to the FBI and filing a false affidavit. In May, Hodges sentenced Pendergraft to 46 months in prison, and Spielvogel to 41 months.

Pendergraft said late Thursday that he was not surprised by Hodges’ ruling.

“He’s had his mind made up for a long time,” Pendergraft said.

Pendergraft also said he is taking steps to see that his five clinics which provide abortion services, including the Ocala Women’s Center, remain open if he goes to prison.

“The clinics will all remain open,” he said.

Bruce Rogow, the lawyer handling Pendergraft’s appeal, said he had not seen Hodges’ order Thursday afternoon, but that he would appeal the ruling to the 11th Circuit.

“Obviously, I’m disappointed, but I’m optimistic the Court of Appeals will allow them to remain free on bond while the appeal is pending,” he said. “So now we’ll have to go to the [appeals] court. That’s what we’ll do.”

Neither Spielvogel nor his attorney, Daniel Brodersen, could be reached for comment.

Pendergraft’s lawyers, in their bond request motion, focused on comments made during the trial by Assistant U.S. Attorney Mark Devereaux. Among other things, the motion alleges Devereaux, who is white, made racist remarks in his closing argument by referring to Pendergraft, who is black, as a man who “shucks and jives” when asked a question.

Hodges noted that Pendergraft’s lawyers waited until the next day to object to that comment. The remark also did not strike the judge as racially motivated, Hodges wrote.

“At the time the challenged statement was uttered by the prosecutor, it made no impression on me that it might be interpreted as a racial slur or racial stereotyping,” he wrote, “otherwise I would have immediately interrupted with a heavy hand. Rather I understood the prosecutor merely to be suggesting that during cross examination the Defendant Pendergraft was evasive and sometimes deceptive, a perfectly valid argument.”

In a footnote to that statement, Hodges notes that he found at the May sentencing hearing “that the Defendant’s deceptive (trial) testimony constituted an obstruction of justice.”

Hodges goes on to discuss the origins of the phrase “shuck and jive,” saying that it appears to be rooted in black history, but “there is no reason to believe that the prosecutor intended his use of that expression as a racial stereotype.”

In another footnote, Hodges cites the lyrics of a 1978 song recorded by Art Garfunkel, “Mr. Shuck ‘n’ Jive,” as an example of the phrase not having racial connotations. Hodges concludes that Devereaux didn’t intend the phrase to be a racial remark, and that there was no reason to believe it prejudiced the jury against Pendergraft.

Pendergraft’s lawyers also argued that Devereaux’s cross-examination of Pendergraft, and his closing remarks, were unfairly argumentative and displayed a personal bias against Pendergraft, Hodges rejected those issues as well.

The charges against Pendergraft required Devereaux to prove that Pendergraft was “a willful liar,” Hodges wrote.

“When the Defendant elected to testify in his own defense, the whole object of the Government’s cross-examination must necessarily have been to demonstrate that the Defendant also lied as a witness when he denied making the false representations alleged in the indictment,” he wrote. “It could not have surprised anyone under those circumstances that the prosecutor’s cross-examination was vigorous, even argumentative at times. But the prosecutor never directly expressed a personal opinion about the matter.”

In contrast to his lengthy response to Pendergraft’s motion, Hodges rejected Spielvogel’s motion for bond in two paragraphs of the 10-page ruling. Brodersen said in his motion to keep Spielvogel free on bond that Hodges improperly ruled against two key defense pre-trial motions, and that Devereaux’s closing argument was improper.

“None of these claims rises to the level of a ‘substantial’ issue … and it follows that (U.S. law) requires that the Defendant be detained pending appeal,” Hodges responded.

Both Pendergraft and Spielvogel are still free until they are directed by the U.S. Bureau of Prisons, or the U.S. Marshal’s office to turn themselves in.


Forerunner - Home » Florida's Murder Industry »

Your comments are welcome!

Textile Help

The Silent Scream (DVD) Eight Languages

“When the lives of the unborn are snuffed out, they often feel pain, pain that is long and agonizing.” – President Ronald Reagan to National Religious Broadcasters Convention, January 1981

Ronald Reagan became convinced of this as a result of watching The Silent Scream – a movie he considered so powerful and convicting that he screened it at the White House.

The modern technology of real-time ultrasound now reveals the actual responses of a 12-week old fetus to being aborted. As the unborn child attempts to escape the abortionist’s suction curette, her motions can be seen to become desperately agitated and her heart rate doubles. Her mouth opens – as if to scream – but no sound can come out. Her scream doesn’t have to remain silent, however … not if you will become her voice. This newly re-mastered version features eight language tracks and two bonus videos.

“… a high technology “Uncle Tom’s Cabin” arousing public opinion just as Harriet Beecher Stowe’s 1852 antislavery novel ignited the abolitionist movement.” – Sen. Gordon Humphrey, Time Magazine

Languages: English, Spanish, French, South Korean, Chinese, Russian, Portuguese, Japanese

Running Time: 28 minutes

$17.95 — 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 United States of America 2.0: The Great Reset (Book)

High Quality Paperback — 40 pages of dynamite!

Revival, Resistance, Reformation, Revolution
An Introduction to the Doctrines of Interposition and Nullification

In 1776, a short time after the Declaration of Independence was adopted, Thomas Jefferson, John Adams and Benjamin Franklin were assigned to design an official seal for the United States of America. Their proposed motto was Rebellion to Tyrants is Obedience to God. America owes its existence to centuries of Christian political philosophy. Our nation provided a model for liberty copied by nations the world over.

By the 21st century, we need a “Puritan Storm” to sweep away the Hegelian notion that the state is “God walking on earth.” We need revival and reformation in full force to vanquish the problems that plague us as a nation — from government controlled healthcare — to abortion on demand — to same sex “marriage.” This booklet gives a primer on our founders’ Christian idea of government and examines how the doctrine of nullification was woven into the Constitution as a safeguard against federal tyranny. It concludes with the history and theology of civil resistance. A Second American Revolution is coming with the Word of God growing mightily and prevailing! (Acts 19:20).

$7.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


The Beast of Revelation IdentifiedThe Beast of Revelation: Identified (DVD)

Who is the dreaded beast of Revelation?

Now at last, a plausible candidate for this personification of evil incarnate has been identified (or re-identified). Ken Gentry’s insightful analysis of scripture and history is likely to revolutionize your understanding of the book of Revelation — and even more importantly — amplify and energize your entire Christian worldview!

Historical footage and other graphics are used to illustrate the lecture Dr. Gentry presented at the 1999 Ligonier Conference in Orlando, Florida. It is followed by a one-hour question and answer session addressing the key concerns and objections typically raised in response to his position. This presentation also features an introduction that touches on not only the confusion and controversy surrounding this issue — but just why it may well be one of the most significant issues facing the Church today.

Ideal for group meetings, personal Bible study — for anyone who wants to understand the historical context of John’s famous letter “… to the seven churches which are in Asia.” (Revelation 1:4)

Running Time: 145 minutes

$17.95 — ORDER NOW!

(We accept all major credit cards and PayPal.)

Click here for more information


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!

(We accept all major credit cards and PayPal.)

Click here for more information

Share |

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