{"id":317163,"date":"2024-08-14T18:33:23","date_gmt":"2024-08-14T23:33:23","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=317163"},"modified":"2024-08-14T18:33:23","modified_gmt":"2024-08-14T23:33:23","slug":"sentencing-crime-new-york-pro-lifer-face-act","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/sentencing-crime-new-york-pro-lifer-face-act\/","title":{"rendered":"Attorney argues sentencing doesn’t fit crime for New York pro-lifer’s FACE Act violation"},"content":{"rendered":"
<\/div>

On July 24, pro-life advocate <\/span>Bevelyn Williams<\/span><\/a> was <\/span>sentenced<\/span><\/a> to 41 months in federal prison for allegedly violating the FACE Act during a two-day protest outside of a New York City Planned Parenthood facility in June of 2020.\u00a0<\/span><\/p>\n

This is the second-longest sentence in a series of recent FACE Act-related convictions. Lauren Handy, who was <\/span>convicted<\/span><\/a> in a FACE Act trial in Washington, D.C., in August of last year, is the only defendant to have been given a longer <\/span>sentence<\/span><\/a> \u2013 in her case, 57 months.<\/span><\/p>\n

Williams and her co-defendant, Edmee Chavannes, were originally <\/span>indicted<\/span><\/a> on December 16, 2022, for \u201cviolating the <\/span>FACE Act<\/span><\/a> through force, threats of force, and physical obstruction, resulting in bodily harm\u201d and conspiracy to violate the FACE Act, according to a Department of Justice (DOJ) <\/span>press release<\/span><\/a>. On November 8, 2023, Williams was acquitted of the conspiracy charge but found guilty of the FACE Act violation. Chavannes was acquitted on both charges.\u00a0<\/span><\/p>\n

Williams \u2014 who in the four years since the New York City protest has gotten married and become a mother to a now two-year-old little girl \u2014 was blindsided by the length of the sentence she was given. In a conversation with Live Action News following her sentencing hearing, Williams said she knew of another recent case in which a woman convicted of PPP-loan related fraud totaling millions of dollars received just over one year in prison \u2013 a significantly lesser sentence than her own.<\/span><\/p>\n

\u201cIt just shows you what their priorities are,\u201d Williams commented.<\/span><\/p>\n

Comparison to Recent Convictions in Washington, D.C.<\/b><\/p>\n

In attempting to calculate the appropriate length of Williams\u2019 sentence, U.S. District Judge Jennifer L. Rochon took into account Williams\u2019 previous convictions for minor offenses \u2013 which happened nearly a decade ago, before Williams <\/span>became a Christian<\/span><\/a>.\u00a0<\/span><\/p>\n

Judge Rochon also referred to the <\/span>length<\/span><\/a> of the <\/span>sentences<\/span><\/a> imposed<\/span><\/a> in the recent D.C. FACE Act <\/span>cases<\/span><\/a>, which ranged from 21 months to 57 months.<\/span><\/p>\n

However, an important difference between the D.C. convictions and Williams\u2019 conviction is that the defendants in the former case were all convicted<\/em> of \u201c<\/span>conspiracy against rights<\/span><\/a>\u201d charges. Williams was acquitted<\/em> of conspiracy to violate the FACE Act.\u00a0<\/span><\/p>\n

Attorney <\/span>Aaron J. Mysliwiec<\/span><\/a> initially represented Chavannes and is now representing Williams during her appeal process. Speaking to Live Action News following Williams\u2019 sentencing, Mysliwiec agreed that Williams\u2019 acquittal of her conspiracy charge \u201cshould be a meaningful distinction\u201d between her case and those of the D.C. defendants, \u201cgiven that prosecutors often argue that a violation of a statute with a conspiracy is a more significant and more serious offense\u201d than a statute violation on its own.<\/span><\/p>\n

Mysliwiec said that it is common for judges to look to other, similar cases for guidance on appropriate sentence length. But he also pointed out that there have been many recent FACE Act convictions, not merely those of the D.C. defendants \u2013 and those other convictions resulted in considerably shorter sentences.\u00a0<\/span><\/p>\n

In Tennessee, for example, where several <\/span>defendants<\/span><\/a> were convicted of both FACE Act and \u201cconspiracy against rights\u201d violations (like the D.C. defendants), only one<\/em> individual was sentenced to actual prison time \u2013 totaling a mere <\/span>six months<\/span><\/a>.\u00a0<\/span><\/p>\n

Similarly, pro-life activist priest <\/span>Father Fidelis<\/span><\/a> was recently convicted of violating the FACE Act in New York and was sentenced to just six months in prison. \u201cYou could argue that [Williams\u2019] case is actually less serious than [Fidelis\u2019] case,\u201d Mysliwiec noted, \u201cbecause there was no chaining or barricading of an entrance the way that [Fidelis] did.\u201d<\/span><\/p>\n

In other words, even by comparison to most other recent FACE Act convictions, the sentence given to Bevelyn Williams appears to be severe.<\/span><\/p>\n

Alleged Injury Sustained by Facility Employee<\/b><\/p>\n

During Williams\u2019 sentencing hearing, both government attorney Mitzi Steiner and Judge Rochon asserted that a comparison to the D.C. case was appropriate, because both involved alleged injuries to employees of the respective abortion facilities involved. In Washington, D.C., a nurse allegedly <\/span>sprained her ankle<\/span><\/a>, whereas at the New York City Planned Parenthood protest in which Williams participated, a staff member\u2019s hand was allegedly caught in a door, which government prosecutors portrayed as an intentional act on Williams\u2019 part.<\/span><\/p>\n

Mysliwiec, however, presented a different perspective, pointing out that the New York Police Department (NYPD) \u201cwas on the scene in this case\u2026 They saw what happened, and if they had decided that there was a[n] assault that had occurred\u2026 they could have interceded and made an arrest.\u201d However, the NYPD declined to do so.<\/span><\/p>\n

Mysliwiec also noted that the alleged injury in this case was relatively minor. \u201cThis wasn\u2019t an allegation of a broken bone or a serious physical injury that exists for a long period of time after [the incident] or [an] injury that can’t be fixed.\u201d\u00a0<\/span><\/p>\n

Given these facts, Mysliwiec asserted that even if NYPD had chosen to arrest Wiliams, \u201cunder New York law, this would be a misdemeanor assault charge at worst[.]\u201d He told Live Action News that, in his experience with the New York State criminal justice system, \u201cMore times than not, those types of cases are reduced from misdemeanors to non-criminal offenses, to something called a harassment violation. And if they’re not reduced,\u201d he continued, \u201cfor the type of injury alleged in this case,\u00a0 the sentence is almost always probation or time served.\u201d<\/span><\/p>\n

Furthermore, Mysliwiec pointed out that \u201cin order for [the alleged assault] to be a violation of the FACE Act,\u201d the government would need to prove beyond a reasonable doubt that Williams \u201cintentionally [tried] to injure someone <\/span>because<\/span><\/i> the person was engaged in providing reproductive health services.\u201d In this case, \u201can employee from Planned Parenthood,\u201d knowing that Williams was standing in front of it, \u201copened the door on [Williams\u2019] back, the door rebounded, [and] that woman had her hand caught in the door,\u201d Mysliwiec stated.<\/span><\/p>\n

Even if Williams had intentionally pushed back against the door, Mysliwiec said, \u201cthere’s still a difference between doing it because somebody just smacked you with the door versus doing it because you want to intimidate, interfere, or injure them because that person is associated with reproductive health,\u201d which are the <\/span>criteria for FACE Act violations<\/span><\/a>. \u201cThose are entirely different questions,\u201d Mysliwiec stated, adding, \u201cI submit that there’s a failure of proof on each one of those issues, and that Ms. Williams\u2019 conviction should be overturned.\u201d<\/span><\/p>\n

Politicized Prosecutions?<\/b><\/p>\n

Data<\/span><\/a> recently analyzed by The Daily Caller strongly suggests that the Biden administration\u2019s DOJ has weaponized the FACE Act \u2013 which is written in such a way so as to protect pro-life pregnancy centers and churches in addition to abortion facilities \u2013 in order to target pro-life activists for draconian prosecution. As Live Action News previously <\/span>reported<\/span><\/a>:<\/span><\/p>\n

Prosecutions of pro-life individuals constitute roughly 97% of all FACE Act cases\u2026 from 1994 to 2024, there were 205 cases brought against pro-lifers and just six against pro-abortion activists. At least 55 of those were prosecuted by the Biden DOJ, only five of which involved attacks by abortion advocates \u2014 despite FBI Director Christopher Wray\u2019s <\/span><\/i>testimony<\/span><\/i><\/a> that 75% of all abortion-related attacks following the overturning of <\/span><\/i>Roe<\/span> were carried out by abortion supporters against pro-life organizations.<\/span><\/i><\/p><\/blockquote>\n

In his conversation with Live Action News about Williams\u2019 case specifically, Mysliwiec noted the length of time it took for the DOJ to begin its investigation. The protest in which Williams participated occurred on June 19th and 20th of 2020, however, according to Mysliwiec, \u201cThe first real steps towards investigation and prosecution of this case happened some number of weeks after the <\/span>Dobbs<\/span><\/i> decision by the Supreme Court.\u201d\u00a0<\/span><\/p>\n

This is in spite of the fact that New York State Attorney General Letitia James <\/span>sued<\/span><\/a> Williams and Chavannes in response to their protest actions at the New York City Planned Parenthood \u2013 a case which was widely publicized and settled in April of 2021, over a year before the DOJ opened its investigation.<\/span><\/p>\n

\u201cIt seems clear from the tea leaves that what happened,\u201d Mysliwiec observed, \u201cis that [the] DOJ decided in the wake of <\/span>Dobbs<\/span><\/i> to search out and prosecute a number of cases that they thought were FACE Act violations, whereas before <\/span>Dobbs<\/span><\/i>, they didn’t view them as serious enough to prosecute.\u201d\u00a0<\/span><\/p>\n

Mysliwiec argued that the DOJ\u2019s actions \u201cobviously ring[] of a political prosecution\u2026. As a policy matter, there’s something that certainly strikes me as fundamentally wrong\u201d he added, \u201cthat the reason you decide to prosecute a case is not because of the conduct of the individuals, it’s because you don’t like a decision that came down from the Supreme Court of the United States.\u201d<\/span><\/p>\n

The First Amendment and the Right to Protest<\/b><\/p>\n

Attorneys for the government argued that language used by Williams and Chavannes at the protest constituted evidence for a FACE Act violation. According to a DOJ <\/span>press release<\/span><\/a>, Williams used \u2018threatening\u2019 language such as \u201cWe are going to terrorize this place\u201d and \u201cIt\u2019s a warzone.\u201d<\/span><\/p>\n

However, Mysliwiec noted that these phrases were \u201cessentially biblical quotes.\u201d He pointed out that, although this could be called \u201cinflammatory language,\u201d Williams\u2019 and Chavannes\u2019 actions clearly demonstrated that their words were merely \u201crhetorical.\u201d\u00a0<\/span><\/p>\n

Williams and Chavannes were \u201cclearly engaged in First Amendment activity,\u201d Mysliwiec said, observing that they were \u201cnot threatening anyone with weapons, not chaining themselves to doors[.]\u201d He added: \u201cFirst Amendment speech doesn’t require you to be meek and modest. You are allowed to be loud and proud in somebody’s face and say things in a way that makes them uncomfortable.\u201d<\/span><\/p>\n

\u201cRegardless of whether you’re a Democrat or Republican, liberal or conservative, progressive or a centrist \u2013 no matter who you are, you should care about the freedom of speech, freedom of religion, freedom of association principles that are so important as a constitutional matter,\u201d Mysliwiec said.\u00a0<\/span><\/p>\n

\u201cIf you support the right of protest and for people to speak their minds and try to persuade people,\u201d he concluded, \u201cthis is an important case.\u201d<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

On July 24, pro-life advocate Bevelyn Williams was sentenced to 41 months in federal prison for allegedly violating the FACE Act during a two-day protest outside of a New York City Planned Parenthood facility in June of 2020.\u00a0 This is the second-longest sentence in a series of recent FACE Act-related convictions. Lauren Handy, who was […]<\/p>\n","protected":false},"author":788,"featured_media":317181,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[2793],"tags":[],"yoast_head":"\nAttorney argues sentencing doesn't fit crime for New York pro-lifer's FACE Act violation<\/title>\n<meta name=\"description\" content=\"After Dobbs, the DOJ went after "cases that they thought were FACE Act violations" when before, they weren't "serious enough to prosecute.\u201d\u00a0\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.liveaction.org\/news\/sentencing-crime-new-york-pro-lifer-face-act\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Attorney argues sentencing doesn't fit crime 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