Dana Cody, Esq. Executive Director Catherine W. Short, Esq. Legal Director Mary Riley !

Administrative Director Allison K. Aranda, Esq. Senior Staff Counsel Bo ard of D irec tors John R. Streett, Esq. Chairman Dana Cody, Esq. Marcella Tyler Ketelhut Terry L. Thompson, Esq. Colette Wilson, Esq. Anthony E. Wynne, JD Advisory Board The Hon. Steve Baldwin San Diego, California The Rev. Michael R. Carey, OP, JD Colorado Daniel Cathcart, Esq. Los Angeles, California The Hon. William P. Clark Paso Robles, California Raymond Dennehy, PhD. San Francisco, California The Rev. Joseph D. Fessio, SJ San Francisco, California The Hon. Ray Haynes Riverside, California James Hirsen, Esq. Riverside, California The Hon. Howard Kaloogian Los Angeles, California David Llewellyn, Esq. Sacramento, California Anne J. O’Connor, Esq. New Jersey Charles E. Rice, Esq. South Bend, Indiana Ben Stein, Esq. West Hollywood, California Andrew Zepeda, Esq. Beverly Hills, California Nort hern Ca li forni a (Administration) P.O. Box 2105 Napa, California 94558 (707) 224–6675 Sout hern Ca li forn ia P.O. Box 1313 Ojai, California 93024 (805) 640–1940

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November 4, 2013 Tuscaloosa City Attorney ATTN: Timothy Nunnally, James Woodson, and Christopher England 2201 University Blvd PO Box 2089 Tuscaloosa, AL 35403-2089 Phone: (205) 248-5140 Fax: (205) 349-0328 Sent via fax and email RE: Stolen Property Report Case Number: 131001086 Dear Sirs: By way of introduction, the Life Legal Defense Foundation (LLDF) is a not-forprofit organization based in Napa, California. As part of LLDF’s mission, we defend the First Amendment rights of clients engaged in programs designed to educate the public about the sanctity of all human life. We do not charge our clients for our services. I am a senior staff attorney with the Life Legal Defense Foundation. Paul Lake contacted me regarding the permit he obtained to engage in peaceful, nonobstructive free speech activity that was to take place on the public right of way in front of 435 Jack Warner Pkwy, Tuscaloosa, AL, between September 21, 2013 and October 3, 2013 and his banner that was stolen from this same public right of way during this constitutionally protected free speech activity. Mr. Lake has informed me that, on October 1, 2013, he put up a banner on the public right of way, which as stated above he had a permit to do, and proceeded to sit approximately 20 yards away from the banner. About thirty minutes later, a witness reported to Mr. Lake that the RN, who works at the abortion clinic located at 535 Jack Warner Pkwy in Tuscaloosa, and a male assistant, who also works at the clinic, removed the banner, put it in a black Lexus, and drove into the abortion clinic parking lot. Mr. Lake immediately called the police to report the theft. Investigator Thorne, with the Tuscaloosa Police Department, investigated the crime, identified the two thieves and filed his report in municipal court. Investigator Thorne informed Mr. Lake that he could sign a warrant for the RN and the assistant’s arrest in Tuscaloosa Municipal Court.

LLD F .org

LIFE: AT THE HEART OF THE LAW

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On October 4, 2013, Mr. Lake went to court to sign the warrant. The warrant clerk told Mr. Lake that it wasn’t clear if she had all of the correct information and she asked him to return the next day to sign the warrant. When Mr. Lake returned the next day, Angela, the warrant clerk, told Mr. Lake that he could not sign the warrant because the “city’s legal team told Angela that because the banner was on the city’s right of way it was not illegal for someone to take it.” Mr. Lake met with James Woodson at the City Attorney’s office. Based on that conversation, Mr. Woodson sent the warrant request to the warrant supervisor, Carol Naylor for review. On October 22, 2013, Ms. Naylor told Mr. Lake that she denied the warrant request because, in her opinion, there was no basis for criminal intent. It appears as though the City is looking for reasons to dismiss Mr. Lake’s valid claim that the RN and the assistant stole his property. First, the city’s legal team made an invalid assertion that just because the banner was on city property that somehow a crime did not occur. This is simply not true. The banner regardless of where it was placed, still belonged to Mr. Lake. Alabama criminal code section 13A-8-2 states that “a person commits the crime of theft of property if he or she knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property….” Note, the code does not limit the definition of theft to only instances where the property is in the possession of the owner nor does it state that any property placed on a public right of way no longer belongs to its owner. Thus, the city’s legal team had no right to refuse the desired prosecution by Mr. Lake for theft of his banner. Secondly, Ms. Naylor’s assessment that “there was no basis for criminal intent” is clearly erroneous. Criminal intent may be established by both direct and circumstantial evidence. In this case, the RN and the male assistant removed a banner that did not belong to them. Mr. Lake was sitting within 20 yards of the banner and the banner had only been up for approximately thirty minutes at the time of the theft. Clearly, the banner was not abandoned property. Moreover, the banner did not belong to the RN or the assistant nor did they have authorization to take or possess the banner. Furthermore, the RN and the assistant put the banner in the trunk of a car and drove away, knowing that the banner did not belong to them. This evidences an intent to deprive Mr. Lake, the lawful owner, of his property. Thus, Ms. Naylor had no right to deny the warrant request. Lastly, it has been reported that City Attorney Chris England is the person who told the warrant clerk not to issue the warrant. Interestingly, Mr. England is personal friends with Gloria Gray, the director of the Tuscaloosa abortion clinic. It appears as though Mr. England is attempting to protect his friends from criminal prosecution and thwarting justice for crime victim, Paul Lake. On behalf of Mr. Lake, we are demanding that a warrant for the arrest of the RN and the male assistant be issued immediately. We further, expect that the police department and city attorney’s office will both conduct a full investigation into the improper bias evidenced in their departments that resulted in a delay in prosecution in this matter. Furthermore, to date, Mr. Lake’s stolen property has not been returned. We expect that both the Tuscaloosa Police Department and the City Attorney’s Office will retrieve the banner from the thieves and properly return it to Mr. Lake.

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If you choose to ignore Mr. Lake’s request for criminal prosecution against those who stole his property, we will take action to hold your departments responsible for doing your jobs. I look forward to your prompt response to this matter. Thank you for your time and consideration. Sincerely,

Allison K. Aranda, Senior Staff Counsel Life Legal Defense Foundation PO Box 890685 Temecula, CA 92589 Phone – 951-296-2835 Fax – 951-541-2711

Cc: Tuscaloosa Police Department

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