“We want to be sure that similar examination is being made of the abortion clinics” as is being done at pro-life crisis pregnancy centers. — BISHOP HENRY MANSELL

Bishop Mansell faults Spitzer probe of counseling clinics

By Douglas Turner, Buffalo News Washington Bureau Chief, January 23, 2002

Bishop Henry J. Mansell of the Catholic Diocese of Buffalo squared off against State Attorney General Eliot L. Spitzer on Tuesday on the 29th anniversary of the Supreme Court's Roe v. Wade decision, denouncing what he characterized as attempts to harass and intimidate clinics that counsel against abortion.

Attorney's from Spitzer's office have subpoenaed counseling clinics across the state that offer alternatives to abortion, seeking documents, volunteer lists and other information, Mansell said. One of those 24 clinics is the Crisis Pregnancy Center at Main Street and Winspear Avenue in Buffalo.

"We've seen the attorney general's office, Eliot Spitzer's, in recent weeks going after the crisis pregnancy centers, particularly in the lower part of the state, Staten Island, Long Island . . . flooding the crisis pregnancy centers with subpoenas and demanding all sorts of documentation, volumes of documentation, before Feb. 1," Mansell said.

Spitzer aides described the action as a "confidential investigation" and "preliminary." Spitzer held no news conferences and issued no news releases when he handed out the subpoenas beginning two weeks ago.

Spitzer spokesman Darren Dopp said the investigation is a response to complaints that the centers were deceiving pregnant women into believing that a wide range of reproductive services were available when, in fact, they do not refer women to abortion clinics.

Materials demanded by Spitzer, according to a copy of a subpoena obtained by The Buffalo News, include a list of people to whom clients are referred, and lists of names of people "to which your telephone calls are routed."

The subpoena said he has a "good faith belief" that the Buffalo organization and others across the state have misrepresented the services they provide and allegedly have been practicing medicine without a license and giving deceptive medical information.

Spitzer received a complaint that, in one case on Long Island, a pregnant girl was held in the crisis center against her will so that she could be confronted by her father and the family's pastor, Dopp said.

The confidentiality of Spitzer's investigation ended Tuesday with Mansell's criticisms and also a demand from South Carolina Attorney General Charlie Condon that Spitzer drop the investigation.

"The centers soothe the pain, relieve the suffering and ease the trauma of women who are hurting," Condon, a pro-life Republican, said in a letter sent to Spitzer, a pro-choice Democrat. "Those who operate the centers freely give of themselves with a helping hand and a loving heart."

The bishop made his comments about Spitzer in a homily at Mass preceding the 29th annual protest march against the Supreme Court decision legalizing abortion.

"We want to be sure that similar examination is being made of the abortion clinics," said the bishop, who suggested that the probe may be part of national campaign "to intimidate and to harass people who are in crisis pregnancy centers."

The bishop urged 250 people attending Mass to be "watchful" about whether Spitzer serves similar subpoenas on pro-choice organizations such as Planned Parenthood.

Abortion providers are not being investigated, Dopp said, adding that Buffalo was among 24 "carefully targeted sites where we had complaints or some information that was critical."

There are about 90 such centers in the state and about 3,000 nationally.

Spitzer and his critics traded accusations of political motivation.

The executive director of the Buffalo center, Louis James, said Spitzer may be acting out of such a motive because the attorney general received campaign funds from the National Abortion and Reproductive Rights Action League, commonly referred to as NARAL, and "spoke at one of their events."

The current investigation into the centers is being handled by Spitzer's reproductive rights unit, a group he founded after the 1998 slaying of Dr. Barnett A. Slepian of Amherst. Spitzer announced creation of the unit during a meeting of the league.

Dopp said the league "has nothing to do with" the investigation. He said that the South Carolina attorney general came up with no information of his own and that his letter "appeared to take on the dimensions of a political exercise rather than one law enforcement official trying to help another law enforcement official. That's a regrettable situation."

Spitzer declined to talk with The News. His top deputy in Buffalo, Barbra A. Kavanaugh, did not return calls seeking comment.

The center in Buffalo, in operation for 17 years, provides free pregnancy tests and a video promoting alternatives but refers clients to adoption agencies and Catholic hospitals.

James said the center receives some funding from the Catholic Diocese of Buffalo.

A lawyer advising the Buffalo center, Laurence D. Behr, called Spitzer's subpoena "an outrage" and a violation of "the constitutional right of freedom of speech."

"This is nothing more than a blatant attempt by Mr. Spitzer to please NARAL, an organization which has outlined a plan for striking down these centers, largely Christian and Catholic, that offer expectant mothers an alternative to abortion," Behr said. "This campaign is about money. When mothers decide not to abort their children, then NARAL and Planned Parenthood lose support and revenue."

Whether the center will comply with Spitzer's subpoena is under study, Behr said.

Behr also ridiculed Spitzer's accusations of misrepresentation.

The center's listing in the Yellow Pages, he said, is under the heading "Abortion Alternatives."

Linda Heinecke, a volunteer at the Buffalo center, said, "We tell callers right from the beginning that we do not do abortions and that we do not refer anyone for abortions."