Red Rose Rescue Charges Dismissed Within Minutes of Trial Start

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Red Rose rescuer Fr. David Nix arrested in Washington DC

Life Legal attorney John Garza was in court yesterday morning on behalf of four “Red Rose Rescue” defendants charged with criminal trespass after they entered Capital Women’s Services in Washington, DC in July. The rescuers went to the abortion facility to give the women information about abortion and alternatives, along with a red rose.

The Red Rose Rescue case was the first case called by the judge, which is unusual since typically courts elect to dispense with procedural and other less time-consuming matters before calling up trials such as this one. The judge asked the parties whether they were ready for trial and U.S. Attorney Jana Maser, prosecuting the case for the government, replied that she was not ready, as she could not produce any witnesses.

The judge then asked Garza how he would like to proceed. Garza requested a dismissal of all charges, which was immediately granted. According to Red Rose Rescuer Fr. David Nix, “This all took place in less than thirty seconds.”

Life Legal was prepared to put on a necessity defense, citing the dangers to babies as well as women posed by the abortion facility. Capital Women’s Services is affiliated with Steven Brigham, a notorious late-term abortion doctor. Brigham has been charged with neglect and fraud in several states for gravely injuring women and was charged with the murder of ten second and third-trimester babies in Maryland.

The necessity defense can be employed when a defendant’s conduct is necessary to prevent a greater harm. In this case, we know that Brigham’s facilities have a long record of egregious violations against women, including the death of at least one patient.

Fr. Nix and the other rescuers had informed Mr. Garza that “because we were there to save lives, we would not accept any plea-bargain or community service.”

When asked why he believed the government could not procure witnesses for trial, Garza surmised that they either didn’t want to have to suffer a cross-examination in court, or they were so motivated by money that they didn’t want to lose a day’s worth of murdering babies to show up.

We are thrilled with the outcome of yesterday’s trial. Life Legal is honored to stand in defense of the Red Rose Rescuers and in the defense of the sanctity of human life.


Please take a stand with Fr. Nix and so many other pro-life heroes who are willing to sacrifice their freedom to prevent women and babies from becoming victims of the abortion holocaust. This is a critical time in the fight for LIFE!

Thank you for your prayerful, life-giving support.