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Boulder -- Malpractice (8 incidents)
The Colorado Board of Medical Examiners suspended abortionist Braxton Tabb's medical license on April 10, 1987 because "Respondent's omissions and failures ... are by no means insubstantial since they placed various patients, particularly patients A, F., G, and H, in substantial jeopardy of experiencing severe complications or sustaining serious further problems which respondent could perhaps have prevented or alleviated had he acted appropriately." His skills were so shoddy that he was actually fired from three abortion mills: The Boulder Abortion Clinic, the Boulder Valley Clinic, and the Mayfair Clinic.
Colorado Board of Medical Examiners Case #ME86-07; and Arapahoe County District Court Case #A87-CV-547.
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Colorado Springs Area [Manitou Springs] -- First-Degree Murder, Rape, Criminal Abortion Resulting in Death, Assault with a Deadly Weapon, Assault, Crime of Violence Causing Death, Crime of Violence Sex Offense, and Criminal Mischief
On August 19, 2002, 21-year-old Michael Paul Baldwin lured 15-year-old Amanda Lynn Hanson, who was 15 weeks pregnant, into a secluded area and assaulted her with sticks and a boulder. Baldwin jammed a branch an inch in diameter down her throat while she was still alive with such force her tongue was nearly torn loose and several of her molars were broken loose. Baldwin also jammed sticks into her other body orifices, one 10 inches inside her body. After he strangled her, Baldwin beat her and crushed her skull with several heavy blows with a 30-pound rock.
A passerby found her nude body, lying in the fetal position, on a trail in the 1200 block of Manitou Avenue in Manitou Springs, Colorado. Baldwin was arrested in New Mexico the day after Amanda Lynn's body was found. He was suqsequently charged with first-degree murder, rape, criminal abortion resulting in death, crime of violence using a deadly weapon, crime of violence causing death, and crime of violence sex offense. He was jailed without bond.
Baldwin confessed to the brutal crime and, on November 25, 2002, he pleaded guilty to first-degree murder, thus getting a life sentence and avoiding the possibility of lethal injection for the slaying of Amanda Lynn.
Sheriff John Anderson called the killing "the most vicious I've seen in my 30 years in law enforcement. ... I think it's indicative of someone who's extremely violent, calculating and has extreme hatred for the victim or what she represents. I would be very surprised if this is the first time he was engaged in a violent act. Clearly, our investigation is focusing on prior criminal background and a search for past victims in New Mexico and Texas [where Baldwin lived previously]."
Baldwin has been arrested previously for assault, prohibited use of a weapon (a knife), criminal mischief and as a runway from a foster home in New Mexico, said Sheriff's Investigations Commander Joe Breister.
Pam Zubeck and Anslee Willett. "Slain Fetus Fuels Calls for Law." Colorado Springs Gazette, August 21, 2002; Bill Hethcock. "Girl's Killer Pleads Guilty." Colorado Springs Gazette, November 27, 2002.
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Denver -- Manslaughter and Criminal Abortion
On February 25, 1980, abortionist James Franklin killed 26-year old Betty Jane Zellers Damato during a botched criminal abortion and was sentenced to three years for manslaughter and criminal abortion.
His medical license was revoked in 1982 after the abortion at his ABCD abortion mill. The indictment charged that he failed to extract the entire 7-month fetus, packed her vagina with gauze, gave her shots and pills, and instructed her to place any discharged fetal remnants in a bag and bring them to him later. The medical board investigative documents state that: "[Franklin] performed an incomplete abortion at his clinic, and then sent her home still bleeding ... provided and offered no post-operative care ... failed to recognize an emergency and arrange for hospitalization, when her condition clearly required it ... records are substandard giving an inaccurate reflection of the course of events, raising a substantial question of the adequacy and integrity of medical records and recordkeeping procedures. ... The panel is extremely concerned that if the Respondent truly believed that the procedures which he followed in his treatment of Betty Damato and to which he testified before the Grand Jury were `accepted medical practice,' that belief is shocking to the panel and is, in itself, a demonstration of this Respondent's unfitness to practice medicine."
Damato died due to massive infection after transfer by ambulance to a hospital three days following the abortion. Franklin reportedly claimed that when she first came to him, the fetus was already dead so he instructed her to go to a hospital. A news article quotes Franklin as saying: "I feel that the conviction is the product of cool, calculated perjury -- spoken in an atmosphere of prejudice and hysteria."
Franklin was the subject of 24 lawsuits in three states. He filed for bankruptcy in 1979 while facing $2 million in judgments from other malpractice suits.
Denver Post, May 22, 1981; Rocky Mountain News, December 4, 1981; Colorado Medical Board Case #81-JEF.
Denver -- Assault (4 incidents)
On October 5, 1994, at the Denver Planned Parenthood abortion mill, Gary Jamieson, the number two person of Rocky Mountain Planned Parenthood, and Mike Newell, a private investigator for Planned Parenthood, shoved pro-lifer David Lane. The two pro-abortionists threw pro-lifer Terry Sullivan to the ground, and then Jamieson started hitting Terry with his fists. Newell struck Lane with a metal baton, and then struck pro-lifer Cliff Powell once on top of his head, once behind the head, and twice on his body. Powell bled profusely, and Lane suffered a gash requiring ten stitches and lost his sight in his left eye for a while. Newell then dragged and handcuffed Lane to the fence. Two pro-life women, Bernadette and Dianne Cordova, tried to protect the men. Newell struck Dianne with his metal baton, and Jamieson slugged Bernadette. Neither Newell nor Jamieson were charged, despite all the evidence.
October 5, 1994. Terry Sullivan, October 15, 1994 personal communication with Lynn K. Murphy, Life Research Institute; Paul deParrie. "Denver Clinic Declares Open Season on Picketers." Life Advocate, November 1994, pages 16 and 17; News Notes. "Clinic Violence On The Rise." The Wanderer, October 20, 1994, page 3; National Pro-Life Newsline, October 1994; Craig Jones and Lynn Bartels. "Melee Breaks Out at Abortion-Clinic Protest." Rocky Mountain News, October 6, 1994, page 4A; October 6, 1994 interview by Denver radio talk-show host Steve Kelly with Bernadette Cordova and Clifton Powell.
Denver -- Assault (2 incidents) and Death Threat
On April 20, 2002, 300-pound pro-abortionist Christopher Smith, wielding a large hunting knife, attacked a 79 year old peaceful abortion protestor outside a Planned Parenthood abortion mill in Denver.
Pro-lifer Jo Scott, who witnessed the attack, said "Today at Planned Parenthood in Denver, we were attacked. A woman showed up with a young girl and her boyfriend and they went into the abortuary. The usual things happened as they entered PP. We talked to them, the woman got angry, and the girl was crying. A few minutes later the woman left PP alone in her car. About 30 minutes later she came back with two guys who were irate. The main guy was spit fire mad and made a bee line for us. We were standing at the entrance of PP. He weighed about 250 pounds, was about 5' 10" tall, had long hair, he was heavily tattooed and dirty looking. I don't know exactly how old he is, but I'd say early thirties. He began to spew the usual obscenities along with the usual lies, such as she'll die if she doesn't have this abortion. When Ken and Jason called his bluff, he hit Ken, then said he was a paid up member of the "Sons of Silence" and he was going to kill us all. The man then headed back to his truck which was parked up against the back fence of PP. That's where Paul is every Saturday. Paul, age 79, began to talk to the man and the mad man pulled a knife out of his truck and plunged it at Paul two maybe three times saying, "You want to die too?" That's when Paul fell off the chair he was standing on. The man with the knife then saw the gate in the fence and went through it after Paul. At that point Ken, Jason and I were running to the back alley to help Paul. When we arrived Paul was on the ground hurt and the man with the knife was back on the PP side of the fence, but not for long. As soon as Paul was able to get to his feet, the man with the knife came back out to the alley. This time Jason and Ken met him. Apparently, the man with the knife knew that the police were on the way, so he and his friend took off down the alley in an attempt to get away. Ken and Jason stayed on them for eight blocks witnessing to them the whole way. Then Ken saw a couple of cops eating in a restaurant and pulled them out to arrest the guys. They stopped him and arrested him. The man missed Paul with the knife, but he did throw Paul to the ground, scuffing him up pretty good. His knees were bleeding and his elbow was in tough shape. The man with the knife was charged with a felony. At this point I'm not sure which one, but I do know that he's charged with assault on an elderly person and from what I understand, that doubles his punishment. PP had two of the retired cops on duty today and they did nothing to stop the man with the knife, other than to call the cops, which we had already done. Just another day at the not so OK corral."
Two days later, the Denver District Attorney dropped the felony charges against Christopher Smith, reducing his charges to a misdemeanor threat charge. Given the fact that many people, both inside and outside the abortion mill, saw the man menacing others with a large knife, the Denver pro-lifers were certain the actions of the Denver District Attorney would actually encourage other more violent attacks against them. But, after protests from Denver pro-lifers, a Denver police detective returned to the abortuary on April 24, 2002, viewed the onsite surveillance tapes recorded by Planned Parenthood and, based on what he saw on the tapes, rearrested Christopher Smith, charging him with felony menacing charges. He was held in Denver police custody under $50,000 bail.
As of May, neither Planned Parenthood or any other group had apologized for or condemned the vicious attack by a rabid pro-abortionist on an elderly man.
"Knife Attack At Denver Abortion Clinic." Christian Gallery News Service, April 25, 2002.
Denver -- Practicing Medicine Without a License and Possession of a Controlled Substance
On September 15, 2000, acupuncturist Zhong Fu was charged with criminal abortion, second-degree assault, pretended criminal abortion and theft. All are felonies.
Investigators believe he may have carried out other abortions at his east Denver business. Fu ran an acupuncture business out of his home at 777 Birch St. in Denver called Family Acupuncture, police said.
On September 2, an 18-year-old woman went to Penrose Community Medical Center in Colorado Springs with bleeding and other injuries. Hospital officials alerted police after the woman said she had been to Fu's to have an abortion, according to court documents. The 18-year-old was admitted to the hospital with the unborn baby's hand and umbilical cord protruding from her body. Fu, who is not a licensed physician charged her $1,500 to abort her 25-week old preborn baby. The Chinese-born acupuncturist said he told the 18-year-old to bring $1,500 with her because "it was a way to make easy money," according to an affidavit.
On September 4, 2000, the woman went to Penrose Hospital in Colorado Springs, where doctors determined she had suffered an "incomplete and botched abortion." The dead fetus was still inside the woman, and she had a serious infection, the prosecutor said during Fu's trial.
"It appeared people would visit him regularly and based on the police investigation, there is the possibility of other victims," said Lynn Kimbrough, spokeswoman for the Denver District Attorney's Office.
At Fu's trial, prosecutor Diane Balkin told a Denver jury that "This is a case about deceit and greed. He deceived her into believing he was a qualified medical doctor."
Naturally, defense lawyer Randall Paulsen tried to do everything he could to divert attention away from the abortion itself to other matters. Paulsen said police and prosecutors have unfairly demonized Fu, and that Fu is a respected employee of the University of Colorado Health Sciences Center, where he is an anatomist. "He is one of the finest anatomists they've ever seen," Paulsen said. "He has never been about greed or deceit in his life. He never, ever, ever deserved to be demonized."
The jury cleared Fu of criminal abortion, assault and theft charges, but convicted him on a misdemeanor charge of practicing medicine without a license and possession of a controlled substance. Fu said "I think the jury was very clear that there is no evidence that I do this illegal abortion, pretended abortion and assault on the lady, but I do not feel guilty about the other charges either."
Defense attorney Randall Paulsen said he was gratified the jury convicted Fu on "technical violations. He is without a doubt one of the finest human beings I have ever met."
Fu had testified he examined her because he believed she would commit suicide. He said the baby was dead but did not perform an abortion. He said she was badly infected and repeatedly told her to go to a hospital. She paid him $1,500, which Fu returned after his arrest.
Abortionist Warren Hern, director of the Boulder Abortion Clinic, said the woman suffered an incomplete abortion, which endangered her life after a surgical instrument was used to rupture the amniotic fluid. "In my opinion, he either purposely or inadvertently punctured the membrane. I think it was purposely done," Hern said. Hern also testified that a hook found in Fu's home office was used to perforate the amniotic sac. The same hook could have been used to pull down the umbilical cord, which was then clamped off, causing fetal death, he said.
In September 2001, Zhong Fu was acquitted of the charge of performing an illegal abortion. On November 16, he was given 18 months probation Friday for practicing medicine without a license and for possession of ketamine, an animal tranquilizer, that was found in his home.
"Colorado Acupuncturist Charged With Illegal Abortion." Denver Post, September 16, 2000; Steven Ertelt's Pro-Life Infonet at http://www.prolifeinfo.org/infonet.html, September 19, 2000; Associated Press, September 28, 2000; "Illegal Abortion Leaves Unborn Child's Hand in Mother." Pro-Life Infonet, October 2, 2000; "Colorado Acupuncturist Pleads Not Guilty to Performing Illegal Abortion." Colorado Springs Gazette, January 3, 2001; "Colorado Acupuncturist Pleads Not Guilty to Performing Illegal Abortion." Pro-Life Infonet, January 4, 2001; Howard Pankratz. "Doctor's Illegal-Abortion Trial Opens: Greed vs. Sympathy Motives Argued." Denver Post, September 7, 2001; Sue Lindsay. "Abortion Procedure Called `Unacceptable'." Rocky Mountain News, September 18, 2001; Sue Lindsay. "Abortion Case Goes to Jury: Anatomist Accused of Botching Procedure on 18-Year-Old Woman." Rocky Mountain News, September 20, 2001; Sue Lindsay. "Acupuncturist Cleared of Abortion Charge: Jury Convicts Chinese Man on 2 Other Counts." Rocky Mountain News, September 22, 2001; "Acupuncturist Gets Probation." Denver Post, November 17, 2001; "Colorado Man Gets Probation for Performing Illegal Abortion." Pro-Life Infonet, November 19, 2001.
Denver -- Practicing Medicine Without a License
On May 23, 2002, after a year-long investigation by Detroit-area police agencies, prosecutors charged Lishan He, 46, with distributing abortifacients and practicing medicine without a license.
She had posted fliers around Denver offering "abortion pills via mail." Denver police spokesman John White said that "The harm is that we have an individual who is providing medication to people without the proper authorization, without having prior contact with the people receiving those drugs and without any knowledge of what their physical situation is. If an individual who hasn't been properly screened for this type of medication is using it, that could obviously create health problems."
A Denver crime laboratory confirmed that the pills He was selling contained medication that induces abortion and is available by prescription only. The pills were similar to the abortion pill RU-486.
John Ingold. "Mail-Order Sale of Abortion Pills Leads to Arrest: Woman Accused After 1-Year Probe." Denver Post, May 24, 2002; Steven Ertelt's Pro-Life Infonet at http://www.prolifeinfo.org/infonet.html, May 29, 2002.
Denver -- Unprofessional Conduct
Abortionist William J. Milano's Colorado medical license was suspended for "having sex with a patient and then performing an abortion on her." The Board also found him to have problems with pornography and alcohol.
Rocky Mountain News, July 10, 1995.
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Durango -- Murder
Carlos Herrera and Brenda Chavez were having an affair, and Chavez became pregnant. Herrera did not want the child, so he solved the problem in the most efficient way possible.
On February 9, 2001, Herrera and Chavez met for one of their late-afternoon trysts at the Southern Ute Sand and Gravel pit. Herrera beat Chavez to death and disposed of her body and vehicle by running the vehicle off a steep embankment into a grove of trees.
Chavez was reported missing the next day by her husband Ruben. She remained missing until May 9, 2001, when her partially decomposed body was found by three children on four-wheelers. The children happened upon Chavez's 1995 Toyota 4Runner at the bottom of a steep ravine about 200 feet off County Road 321, about 1-1/2 miles east of Ignacio. A $5,000 reward was given to the youths for finding the body. An autopsy ruled Chavez's death a homicide by blunt-force trauma to the head.
On August 10, 2003, Herrera turned himself in Sunday to the Federal Bureau of Investigation Office in Durango and confessed to the crime. He was subsequently charged with second-degree murder by the United States District Attorney's Office in Durango, and was imprisoned without bail in the La Plata County Jail.
According to an affidavit for an arrest warrant, Herrera admitted that he "routinely had sexual relations with Brenda Chavez on and around the area of the gravel pit." Herrera went into detail about his relationship with Chavez, about how they met, and about "a strong physical relationship" that developed between them, the affidavit says. In interviews with FBI investigators, Herrera also said that he did not want the child he fathered with Chavez.
Shane Benjamin. "Confession May Solve '01 Murder." Durango Herald, August 12, 2003.
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