The opinion of the court was delivered by: SPRIZZO
The Government brings the above-captioned criminal contempt proceeding against defendants George Lynch and Christopher Moscinski. For the reasons that follow, the Court finds defendants not guilty.
The following facts, as set forth in a stipulation signed by the parties, are undisputed. See Stipulation ("Stip.") (undated) attached to Government's Letter Brief dated November 5, 1996, and submitted to the Court at the Trial held on October 15, 1996.
On February 23, 1996, the Court entered a permanent injunction in United States v. Lynch and Moscinski, 95 Civ. 9223 (JES), which provided:
IT IS HEREBY ORDERED that defendants George Lynch and Christopher Moscinski, their agents, and all individuals acting in concert with defendants or their agents, are permanently enjoined from violating, or aiding and abetting the violation of, the Freedom of Access to Clinic Entrances Act of 1994, 18 U.S.C. § 248, in any way, including but not being limited to:
1. impeding or obstructing automotive or any other form of ingress into, or egress from, the Women's Medical Pavilion in Dobbs Ferry, New York; and
2. attempting to take -- in inducing, encouraging, directing, aiding, or abetting in any manner others to take -- any of the actions set forth in subparagraph 1 of this order.
Order Imposing Permanent Injunction dated February 23, 1996.
On August 24, 1996, at approximately 7:30 a.m., officers from the Dobbs Ferry Police Department were called to the Women's Medical Pavilion (the "Clinic") in Dobbs Ferry, New York, where Lynch and Moscinski were seated in the Clinic's driveway. Stip. at 2. At approximately 7:50 a.m., after observing several vehicles unsuccessfully attempt to enter the parking lot, officers warned Lynch and Moscinski that they were violating the law, and that if they did not leave the area immediately, they would be arrested. Id. Lynch and Moscinski acknowledged the warning and remained seated. Id. The officers then arrested Lynch and Moscinski, who upon being arrested, went "limp" and were carried to a bus for transport to the police station. Id.
Lynch and Moscinski acknowledged that at the time they sat in the Clinic's driveway they knew of the Court's injunction, and knew that they were enjoined from "'impeding or obstructing automotive or any other form of ingress into, or egress from, the [Clinic].'" Stip. at 2.
On September 6, 1996, the Government charged Lynch and Moscinski with contempt of the Court's February 23, 1996 Order Imposing Permanent Injunction. See Notice of Charge.
On October 15, 1996, the Court held a trial and heard testimony from Lynch and Moscinski. The Court also viewed and received into evidence a video-tape recording of defendants' actions at the Clinic the morning of the incident.