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Frederick Judge Fines Face the Truthers

A District Court judge on September 13 found two pro-lifers guilty of disobeying a police officer during last summer’s Face the Truth Tour and fined them $100 each, after a trial the pro-lifers say was a miscarriage of justice.

Mark Egger and John Gitano had been holding Face the Truth signs on the median strip of Route 40 in Frederick June 14 when a police officer ordered them off the median and told them to cross at the intersection.

At the trial, Officer Joseph Hayer read a statement describing the incident that, Mr. Egger charges, contained false allegations.

“He had told us to cross at the intersection, which we did, but when we went back to get our second sign, we didn’t cross at the intersection.  

“He was 700 feet away when we crossed the second time; he was just looking for something to charge us with.”

Officer Hayer “tried to make it sound like we were very confrontational,” said Egger.

“He said that when he approached us, we were screaming, which we weren’t, and that we were squinting our eyes at him in a menacing fashion!  He said he told us six times to cross at the intersection; that’s a lie-- he told us once.

“He said that I said to him, ‘The state puts signs on the median.  Why can’t we?’  I never said that.”

When Egger tried to read a statement in his defense, Judge Milnor Roberts cut him off, saying, “Let’s cut to the chase,” said Mr. Gitano.  “He also wouldn’t let us cross-examine the officer.”

“Basically, we couldn’t put on any defense,” said Egger, “although we were able to say that we didn’t disobey the police officer’s order.”

Egger also told the judge that Maryland law doesn’t require pedestrians to cross at the intersection and read him the applicable section of the law.

“But he completely disregarded whether the policeman’s order was lawful or not,” said Egger.

The original citation called for fines of $275 each, and the officer asked the judge not to lower them, said Gitano.  But Judge Roberts lowered the fines to $100 plus $23 court costs each.

Mr. Gitano, who lives in Salisbury, said he will appeal the case and will probably get a lawyer, which he hopes will enable him to get a fairer hearing than he got on the District Court level.

The officer “was motivated in giving us a ticket to punish us just for being out there,” he said.  “We didn’t really disobey him-- his order to cross at the intersection wasn’t for all time!”

Mr. Egger, who is from Front Royal, Va., has not decided whether he will appeal.

“Frankly, the justice system is totally unjust,” he said.  “I don’t know if I want to bother.”