STATUS UPDATE
Clayton Lee Waagner #17258-039
      Clayton Waagner in Philadelphia.

The trial ended December 3rd and went pretty much as was expected. After three weeks of testimony by abortion industry employees, federal agents, and assorted experts, I was found guilty 51 of the 53 counts that went to the jury. You might recall that the original indictment charged 79 counts. Twenty of those were dismissed pre-trial due to a recent Supreme Court ruling and six were disposed of after the government rested its case on my motion that they had not presented evidence related to those counts. The two counts that the jury found me not guilty of related to the June 18, 2001 Internet death threat that was posted on the ArmyofGod web site with my name on it.

      Though I was prohibited from presenting the Necessity Defense, I was very pleased with the large volume of material that I was able to present to the jury in defense of the pre-born. The only "friendly" witness I called someone, who did an awesome job of speaking up for the pre-born. He showed no fear of the consequences as he repeatedly spoke boldly for the babies. After the trial he told me that he had come to Philadelphia prepared to go to jail for contempt of court if that was what it took to raise his voice for the pre-born. After his performance, I have no doubt that he'd done just that. Bravo!

     This trial was the foundation for the real battle I plan to fight in the Courts on behalf of the pre-born.  I have been forced to keep the next phase of my attack against legalized abortion secret until after the trial. The next phase is a direct attack against the constitutionality of Roe v. Wade." This attack will come in the form of a civil suit in federal court claiming a violation of my due process rights at trial. The connection, or "nexus" that I have to Roe v. Wade is that I was denied the Necessity Defense because abortion is legal. Nearly all of my pre-trial motions were written with this end-game in mind. At the end of the Philly trial I told the United States Attorney that I had them right where I wanted them now. He thought I was joking. I was not joking, but very serious. In order to qualify for this next and most important attack against legalized abortion, I first had to be denied the Necessity Defense based on Roe's standing and then I had to lose at trial. As I told the U.S. Attorney, I now have them right where I want them.  It was very important to me that I lose.

    This federal civil suite will challenge Roe v. Wade as antiquated and unconstitutional based on changes in both decisional and legislative law and medical advances in the 33 years since the historic abortion rights case. The argument that Roe is unconstitutional by today's legal standards is solid and strong. This could be a very important challenge to legalized abortion so I ask for your continued prayer support. Will keep you posted.
    Before the trial (days before) I had sent out an urgent request for financial help for my family. At the time Mary had received a foreclosure notice from the bank on our home, had been with out electricity for several weeks, had lost the phone, and had just lost the transmission in her van (which she uses to earn money as an Amish Taxi Driver). The situation was very dire and she seemed at the end of her rope.  I am very pleased to report that you guys came through for my family. Enough funds came in to catch up on the house payment, restore the electric, and replace the dead transmission.

    Thank you all very much. Your love and support inspires me to fight with a renewed vigor. Please continue to hold my family up in prayer as the struggle continues.
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Genesis 9:6
Whoso sheddeth man's blood, by man shall his blood be shed:
for in the image of God made he man.
Numbers 35:33
So ye shall not pollute the land wherein ye are:
for blood it defileth the land: and the land cannot be cleansed of the
blood that is shed therein, but by the blood of him that shed it
.
  To contact e-mail: Glory2Jesus@ArmyofGod.com

  Telephone 1-757-685-1566

  Or write to: Rev. Donald Spitz
                      Pro-Life Virginia
                      P.O. Box 16611
                      Chesapeake VA 23328