Abortionist denies extortion charges

OCALA — An FBI videotape of a meeting between Marion County officials and the doctor who operates an Ocala abortion clinic may be admitted as evidence in the doctor's upcoming extortion trial, a federal judge ruled Monday.

U.S. Magistrate Judge Gary R. Jones ruled against a motion by attorneys for Dr. James Scott Pendergraft and his co-defendant, Michael Spielvogel, to suppress the videotape of the meeting at which Pendergraft and Spielvogel allegedly threatened to bankrupt Marion County by asking for a $100 million jury verdict in Pendergraft's civil suit against the county.

Pendergraft and Spielvogel's lawyers asked Jones to rule out the videotape under a section of U.S. law that prohibits statements made in civil settlement conferences from being used later in criminal matters under certain circumstances. Jones ruled that the statements made by Pendergraft and Spielvogel on the tape didn't meet the criteria for exclusion under that rule.

Jones, however, didn't rule out the possibility that U.S. Senior District Judge William Terrell Hodges could exclude part or all of the tape when the case comes to trial, under standard rules of evidence.

Assistant U.S. Attorney Mark Devereaux also raised the possibility that Pendergraft could be facing more criminal charges in Orlando, an allegation Pendergraft and his attorneys denied afterward.

"We know nothing about that," said Pendergraft's attorney, Jacob Rose.

Devereaux raised the issue in regard to Spielvogel's attorney, Daniel Brodersen. Devereaux alleged that Brodersen represents Pendergraft in a pending criminal matter in Orlando, and that could compromise his defense of Spielvogel. Saying the investigation is still pending and no charges have been filed against Pendergraft in Orlando, Devereaux declined to be more specific in open court. He could not be reached for comment after the hearing.

In addition to the Ocala facility, Pendergraft operates abortion clinics in Orlando, Tampa and West Palm Beach.

Brodersen later said he doesn't currently represent Pendergraft in any criminal matter. Pendergraft and Spielvogel declined to comment. Pendergraft's spokeswoman, Marti MacKenzie, called Devereaux's comments part of a "witch hunt" and a "smear campaign."

"If they can't pull a rabbit out of their hat, they're going to pull a rat out of their hat," MacKenzie said. "I think it's entirely inappropriate that he would bring something up in open court."

Pendergraft and Spielvogel, his Orlando-based real estate advisor, were indicted on June 13. The five-count indictment alleges that Pendergraft and Spielvogel conspired to extort millions of dollars from Marion County government by making false and fraudulent statements in a civil lawsuit Pendergraft filed in December 1998. Hodges dismissed that suit last December.

The criminal indictment alleges Pendergraft and Spielvogel lied in that suit by saying County Commissioner Larry Cretul threatened Spielvogel and the clinic. The indictment also alleges that Pendergraft and Spielvogel, through attorney Roy Lucas, threatened to bankrupt the county with a $100 million lawsuit.

Cretul and Virgil "Bill" Wright, who was acting as the county's attorney for the civil suit, agreed to meet with Pendergraft and Spielvogel in March, 1999, at the request of the FBI. Devereaux argued that the meeting wasn't actually a settlement meeting for the civil suit because Cretul and the county would not settle, and would not have met with Pendergraft and Spielvogel without the FBI request.

Attorneys for Pendergraft and Spielvogel argued that their clients met in good faith with the county officials to try to settle Pendergraft's lawsuit, and that the tape therefore couldn't be used.

Pendergraft and Spielvogel are both charged with conspiracy to commit extortion, lying under oath and mail fraud. Spielvogel faces additional charges of offering false testimony and making false statements to FBI investigators. Both men pleaded not guilty July 6.

If convicted, Pendergraft faces up to 30 years in prison and $750,000 in fines, while Spielvogel could face up to 40 years in prison and $1.25 million in fines.

The case is scheduled to go to trial Sept. 5, but Jones noted Monday that it's likely to be delayed due to motions by both sides. Pendergraft and Spielvogel's attorneys also have filed motions for outright dismissal, and to move the trial to Orlando. Hodges is expected to rule on those motions sometime this week.

Rick Cundiff covers the courts. He can be reached at rcundiff@starbanner.com, or at (352)867-4130.

http://www.starbanner.com/articles/news/116.shtml 10/12/00

Judge gives psych evaluation thumbs-down

BY RICK CUNDIFF, STAFF WRITER

OCALA -- A psychological evaluation of Michael Spielvogel won't be allowed into evidence at the extortion trial of Spielvogel and abortion clinic doctor James Scott Pendergraft.

U.S. Magistrate Judge Gary R. Jones ruled after a 2 1/2 -hour hearing Friday that the results of a psychological exam of Spielvogel, done by an expert hired by Spielvogel's defense attorney Dan Brodersen, is not admissible.

For much of the hearing, Spielvogel sat quietly as forensic psychologist Glenn Caddy described him from the witness stand at various times as "self-aggrandizing," "manipulative," "obnoxious," "ingratiating," "narcissistic" and "paranoid."

"Almost like the permanent puppy, seeking to get approval," Caddy said of Spielvogel at one point. "Even as he's sitting here listening to it, he doesn't really understand it ... It's not psychotic thinking, but it's always off-center."

Federal prosecutors argued that Caddy's evaluation of Spielvogel was not relevant because Spielvogel is not claiming he was insane and unable to tell right from wrong at the time of the alleged offense. Assistant U.S. Attorney Judy Hunt also argued that Caddy's diagnosis of "Personality Disorder -- Not Otherwise Specified" also was not a legitimate diagnosis to use in a diminished-capacity defense.

Under cross-examination by Hunt, Caddy readily acknowledged Spielvogel is not insane. Hunt also repeatedly questioned Caddy's evaluation method, which included interviews with Spielvogel, his wife, Pendergraft and one other Spielvogel acquaintance. Hunt alleged that to allow Caddy's report would be to allow hearsay evidence from those people, which would not be subject to cross-examination.

Pendergraft and Spielvogel were indicted in federal court on June 13. The five-count indictment alleges that the two men conspired to extort millions of dollars from Marion County government by making false and fraudulent statements in a civil lawsuit Pendergraft filed in December, 1998. U.S. District Judge William Terrell Hodges dismissed that suit last December.

The indictment alleges Pendergraft and Spielvogel lied in the civil suit by saying County Commissioner Larry Cretul threatened Spielvogel and Pendergraft's local clinic, the Ocala Women's Center. The indictment also alleges that Pendergraft and Spielvogel, through attorney Roy Lucas, threatened to bankrupt the county by asking for a $100 million judgment.

Both men are charged with conspiracy to commit extortion, lying under oath and mail fraud. Spielvogel faces additional charges of offering false testimony and making false statements to FBI investigators. Both men have pleaded not guilty. The case is scheduled to go to trial in October.

If convicted, Pendergraft faces up to 30 years in prison and $750,000 in fines, while Spielvogel could face up to 40 years and $1.25 million in fines.

Spielvogel left the courtroom briefly only once during the hearing. That was after Caddy spoke of the death of Spielvogel's adult daughter in December 1998, and the impact her death had on Spielvogel's state of mind.

Caddy said Tennessee police believed the woman committed suicide, while Spielvogel believes she was murdered. Her death occurred three months before the meeting at which Spielvogel and Pendergraft allegedly tried to extort money from the county.

Even Pendergraft had trouble dealing with Spielvogel, Caddy testified.

"Keeping Mr. Spielvogel under control was difficult, because he wouldn't even follow instructions," Caddy said. "In many respects, Mr. Spielvogel plays by his own drum, and it's very difficult for other people to figure out what the tune is."

Spielvogel left the courtroom without commenting when Friday's hearing ended. Brodersen declined to comment. Pendergraft did not attend the hearing.

Rick Cundiff covers the courts. He can be reached at rcundiff@starbanner.com, or at (352)867-4130.