5.30.2013

Law is a Calling in Abortion Protest Representation

...Law is more than a profession - it's a calling.


Toussaint Romain (Regent Law 2009) recently represented Mr. Flip Benham, of Operation Save America, who was charged with Stalking an Abortion Doctor in North Carolina.  Mr. Benham is known for his work on educating the public on abortion, which includes posting billboards and large posters of aborted fetuses on college campuses around the nation.  He is also known as a sidewalk preacher, and when he was charged several years ago with stalking, Romain represented him in that charge.  Romain calls the case "probably the biggest fight of my criminal career." The case lasted 3 years, 2 months and 54 days, but has now been voided by the prosecutor for failure to prove necessary elements of the crime - thanks to the hard work, legal education, faith, and perseverance of Romain.
 
Benham, Romain's client, created WANTED posters with an abortion doctor's picture on it, of which thousands were passed around by Benham and about 15 of his crew at the doctor's private practice and in the building (with hundreds of other tenants), at the abortion clinics he worked in, as well as at the doctor's exclusive Lake mansion.  When Benham went door to door, mansion to mansion, knocking on neighbors' doors and passing out flyers, the doctor called a detective who works with local police and with the Dept. of Homeland Security to "investigate." Benham was then arrested for stalking and became the defendant in a criminal trial where Romain became his attorney.

After losing a bench trial, defendant appealed and proceeded with a week long jury trial and lost there as well. After an appeal the NC Court of Appeals agreed with one of Romain's trial arguments and ORDERED a new trial. 

The new trial was set to begin Monday, May 13, 2013.  During the initial jury trial, however, Romain's questioning led the doctor to admit on the record that he was not afraid of Benham and that he was never present when flyers were passed out, two key elements of the stalking charge.  As a result, the District Attorney had no choice but to void the charge (since it does not meet the elements of stalking).  You can see the North Carolina Court of Appeals' Unpublished Opinion here

What is most interesting is that additionally NOVANT Health Insurance has since dropped the doctor from its insurance - which means this doctor is no longer performing abortions. 
Romain has called this case the "biggest fight of my life" and it has had other peripheral effects on his life, but he also calls this case "a win for the Kingdom; a win for this alum; a win for my Calling; a win for us!"  Romain shares, "I learned a great deal, and hope this experience can be helpful to others" in the battle to protect people in their defense of women, children, and families from abortion.  
...Law is more than a profession - it's a calling.

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