Prior to his arrest, Rev. Hoye, an outspoken opponent of the “bubble law,” had filed a federal lawsuit challenging the law’s constitutionality.
Concerning his sentence, he questioned whether the jury had been given an adequate definition of what constituted an “approach.”
Video evidence presented by the defense showed that clinic employees approached Howe, the California Catholic Daily says.
Katie Short, an attorney with Life Legal Defense Foundation which represented Rev. Hoye, also questioned the sentence.
“The ordinance prohibits approaching within eight feet of someone entering an abortion clinic, without their consent, for the purpose of... let’s call it ‘communication’,” Short told the California Catholic Daily. “The clinic director and escorts took this to mean that Walter could not approach them without their consent, even though they were not entering the facility and he was not trying to communicate with them.”
Mike Millen, another defense attorney, said the sentencing threat was “potent” but added, “My client is more interested in getting the truth out, both on the sidewalk and in the courtroom.”
Before the sentencing, Attorneys for the Life Legal Defense Foundation asked Judge Hing to grant a motion for a new trial, arguing that the jurors had not been adequately instructed and violated Rev. Hoye’s right to due process. Judge Hing denied the motion.
The judge said Rev. Hoye could serve his sentence “by alternative means.”
Defense attorney Dana Cody said Rev. Hoye has the right to challenge an “onerous condition” of his probation requiring that he stay away from the clinic, arguing this restriction was a violation of his right to free speech.
A hearing next month will consider the probation sentence.