The criminal trespass charges against the people protesting President Obama being honored at ND, with the May 17th two year anniversary approaching.
Here is the statement of Tom Dixon, who was the local South Bend lawyer involved for the defendants, who included five (three women, two men) from the NY area.
Dear Clients:
It is with gushing joy that I report that at 4:40 this afternoon, all of your cases, all of the ND 88 criminal cases, were dismissed! Praise Our Savior and His Mother!
For your records, I'm attaching a copy of the final agreement with ND, which added a subparagraph (h) to paragraph 6, to allow for faxed and emailed signatures. I am also attaching a copy of what is called the Minute Sheet or CCS entry, which is the Prosecutor's short form dismissal, signed by Chief Judge Scopelitis. The Prosecutor will file individual dismissals for each of your cases in the near future, and when I receive those, I will send them to you as well.
Our work is done. Special thanks to, and blessings be upon, The Thomas More Society (Tom Brejcha and Peter Breen) and upon the American Catholic Lawyers Association (Chris Ferrara, Michael Hirsh and Denis Brenan), and upon my former law professor and mentor Charlie Rice, for their unceasing support and dedication to this matter and to our cause.
May God Bless you all.
In Christ,
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Dr. Monica Migliorino Miller of Citizens for a Prolife Society (who was arrested at Notre Dame) has an excellent posting, giving the background -
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This is the Press Release of the Thomas More Society -
Charges Dropped Against Anti-Abortion Protesters at University’s Commencement with President Obama
May 5, 2011 (Chicago)… Today, Michael Dvorak, St. Joseph County, Indiana prosecutor, dismissed the criminal trespass charges that he has pressed over the last two years against all of the pro-life protesters, known as the “ND88,” the individuals arrested for trespassing when they entered upon Notre Dame’s campus in peaceful and prayerful protest against the University’s bestowing honors on President Barack Obama at the 2009 Commencement. Dvorak dropped the charges as part of an agreement between the Thomas More Society and the University.
“This is a big step forward and a victory for the pro-life cause,” said Tom
Brejcha, president and chief counsel of the Thomas More Society and a 1965 Notre Dame graduate. “We are appreciative of the steps that Notre Dame has taken, including successive visits by University President John Jenkins, C.S.C., and other campus leaders to the March for Life in Washington, D.C., both in 2010 and 2011, to mark the anniversary of Roe v. Wade, and the creation of new and significant pro-life initiatives on campus. Those who share pro-life convictions may differ on tactics and approaches, but they best serve their sacred cause when they work together to secure the common good for all human beings, born and unborn alike, rather than carrying on as courtroom antagonists.”
Tom Dixon, South Bend, Indiana attorney and Thomas More Society special counsel, had led the defense over the last two years, during which the parties engaged in vigorous litigation, including extensive discovery proceedings.
The parties remain in profound disagreement over the 2009 Commencement, but after prayerful consideration they have decided to put their differences behind them, to cease battling in court, and rather to affirm a commitment to the fundamental proposition that each and every human life is sacred, from conception until natural death, no matter whether rich or poor, humble or exalted, wanted or “unwanted.”
Moreover, both parties have pledged not to rehash the events of the past, but on the contrary, to recognize each other’s pro-life efforts and to work together to find ways to increase those efforts and maximize their impact on the nation’s contentious, ongoing debate over abortion policy.
Read the entire Notre Dame Agreement here
For more information or to speak with an attorney at the Thomas More Society, please contact Tom Ciesielka at 312-422-1333 or tc@tcpr.net
For a reminder of some of the happenings two years ago, go here - From Notre Dame, the day before the commencement - in pictures
