Ocala, FL -- James Pendergraft, a Florida abortion practitioner, will stand trial on Dec. 11 for attempted extortion and lying under oath. Pendergraft, who operates five abortion facilities in Florida, sued the city of Ocala and Marion County in 1998 for failing to protect women and staff at his Ocala abortion facility from "harassment" by pro-life protesters. Although he won a preliminary injunction, Pendergraft "let his suit languish," and the case was dismissed in late 1999.

The current charges against Pendergraft stem from that lawsuit, with prosecutors alleging that Pendergraft and his former employee Michael Spielvogel had given false testimony to extort an "excessive settlement" from Ocala officials.

In another twist, the case against Pendergraft has been taken up by the Justice Department, which is usually "emphatically pro-choice," according to Emory University School of Law Professor David Garrow. "Until this case in Ocala, I have not heard of a single instance of seemingly hostile behavior by [the Justice Department] toward a medically credible abortion provider," Garrow said. If found guilty of the charges, Pendergraft could face 30 years in prison, the loss of his medical license and a fine of more than $1 million.

In building their case against Pendergraft, prosecutors have pointed to several statements and conversations which occurred around the time of Pendergraft's original lawsuit. In late 1997, Spielvogel told the FBI that Marion County Board of Commissioners Chair Larry Cretul had made "veiled threats" over the telephone, saying, among other things, that "it's not an 'if' but a 'when' that this new clinic is bombed." However, investigators concluded that Spielvogel was lying.

Later, Pendergraft's lawyer S. LeRoy Lucas, "[a]nnoyed" that the county rejected his settlement of $6 million, stated that he would "try to bankrupt the county," with Pendergraft adding, "Not try. We will bankrupt the county. And I promise you I'll put a statue of myself (in Ocala's town square) that states that Dr. Pendergraft brought freedom to Ocala."

Mark Devereaux, an assistant U.S. attorney in Jacksonville, said that a second investigation of Pendergraft was underway in Orlando, although he released no further details. Pendergraft has accused Devereaux of running a "smear campaign" against him.

Although prosecutors have "insisted" that the Pendergraft case is about "extortion, not abortion," the litigation nonetheless represents "a highly politicized local dispute between a prickly, strong-willed advocate of abortion rights and a conservative community offended by his very presence." Pendergraft has "infuriate[d]" antiabortion activists and "unsettle[d]" fellow abortion advocates with his "high-profile" marketing techniques, which include highway billboards. He has also heavily publicized his willingness to perform abortions as late as 28 weeks into pregnancy.

Some believe that Pendergraft's tactics indicate he "was spoiling for a fight" with Ocala, where the last abortion facility burned down in 1989, and nobody was ever charged with the crime. Marion County's Board of Commissioners attempted to block Pendergraft from opening his abortion facility in Ocala, urging him to "reconsider" his decision to locate his facilities there.

"We are a small, family-oriented community, relatively free from controversy of the kind this might create," Cretul said. Pendergraft responded to the commissioners and the hundreds of protest letters he received with a "form letter that amounted to an abortion rights manifesto."

Although other abortion facility owners have dismissed the extortion charge as "ludicrous," they are also "keeping their distance" from Pendergraft. "Everybody is really nervous about him. When somebody opens that many clinics that fast, corners are going to be cut," Margaret Gifford, owner of the Alternatives of Tampa abortion facility, said. Pendergraft replied that other abortion facility owners "resent" him for taking away potential business. "The fact is I have come into markets and given women what they were missing: good care provided by a physician who is an owner," he said.

Various pro-abortion organizations have flocked to support Pendergraft, including the violent pro-abortion group Refuse & Resist!, which recently awarded Pendergraft with a Courageous Resister Award for his "daring defiance of many attempts to intimidate him to stop providing abortions." Other prominent figures, including Gloria Steinem, Ms. magazine Editor- in-Chief Marcia Ann Gillespie and National Organization for Women New York City Executive Director Alexandra Leader, have added their names to a petition supporting Pendergraft.