August 27, 2009DENVER (The New York Times News Service) -- A 70-year-old real estate broker from Spokane, Wash., has been indicted for making threats against a Boulder abortion provider, the first federal prosecution of abortion threats since the slaying of a Kansas doctor.
A federal grand jury in Denver indicted Donald Hertz on charges of making telephone threats to Dr. Warren Hern's Boulder medical office and violations of the federal Freedom of Access to Clinic Entrances Act.
Since the slaying of Dr. George Tiller in Wichita, Kan., in May, Hern is one of a few remaining doctors in the country who perform late-term abortions.
The threat to his family came June 23, three weeks after Tiller was shot to death on May 31 while handing out bulletins inside his church.
"We received an anonymous call saying there were two Vietnam veterans coming from Spanish Fork, Utah, to Boulder to hurt my family," Hern said.
The U.S. Marshals Service and the FBI immediately took steps to protect Hern's family.
Hern says he does not know whether the threat was valid.
"My family was terrified," he said. "I was frightened, my staff was frightened. My 92-year-old mother was taken from her apartment in the middle of the night, and it was quite a frightening experience, and we took it seriously because Doctor Tiller had just been assassinated."
The FBI traced the call to Spokane and made contact with the man who made it, Hern said.
"Why is it necessary for a doctor who is helping women to be protected from the anti-abortion movement?" Hern said. "We live in fear of these people."
Hern said he was pleased to hear that Hertz was indicted under the FACE Act because he believes the 1994 legislation has not been enforced enough by the government.
If convicted, Hertz faces up to six years in prison and $350,000 in fines.
Public records show Hertz is the owner of Great West Properties in Spokane.
His business phone was disconnected and he did not return a message seeking comment at a number listed as his home.
Court records show Hertz does not have a record of violence in Washington, only driving-related offenses.
Dan Kennedy, chief executive officer of the anti-abortion group Human Life of Washington State, said he has never heard of Hertz.
He also said that his group, which is an affiliate of National Right to Life, condemns violence and threats of violence against abortion doctors.
"One can hardly call oneself pro-life and then threaten violence," Kennedy said. "We would tell them to stay away from us and we would probably warn others about them."
Copyright 2009 The New York Times News Service. All rights reserved.
