Florida v. Hill: 1994

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Florida v. Hill: 1994

Defendant: Paul J. Hill
Crimes Charged: Murder, attempted murder, and shooting at an occupied vehicle
Chief Defense Lawyer: Paul Hill
Chief Prosecutor: James R. Murray
Judge: Frank
L. Bell
Place: Pensacola, Florida
Dates of Trial: October 31-November 3, 1994
Verdict: Guilty of all charges
Sentence: Death by electrocution

SIGNIFICANCE: Paul Hill was the first anti-abortion activist sentenced to die for murdering a doctor who performed abortions. His case also highlighted the growing willingness of some pro-life advocates to use violence to achieve their goal of outlawing abortion.

Protests outside abortion clinics became a common sight during the 1980s and 1990s. Pro-life activists took their message to the streets, trying to dissuade young mothers from having abortions and challenging the morality of the procedure. Some activists also began to target doctors who performed abortions, harassing them or threatening their safety. This new tactic in the anti-abortion movement became extreme in 1993, when 32-year-old Michael Griffin murdered Doctor David Gunn outside a Pensacola, Florida, abortion clinic. When Griffin's trial began in February 1994, one of his most ardent supporters was Paul Hill.

A former Presbyterian minister, Hill had recently joined a radical faction of the pro-life forces that believed that killing doctors who performed abortions was justified in God's eyes. After an appearance on the Donahue television show, Hill became the most visible disciple of this faith-based defense of murder. Hill wrote extensively on the issue and called extreme anti-abortion violence "defensive action" to save the unborn. At Griffin's murder trial, Hill carried a sign that summed up his philosophy: "Execute murderers, abortionists, accessories."

Killing at the Clinic

In the following months, Hill became a familiar figure at Pensacola's Ladies Center Clinic, where abortions were performed. As doctors and clinicians worked inside, Hill, using a child's voice, sometimes screamed "Mommy, Mommy, don't murder me!" Clinic workers wanted Hill arrested under a new federal law, the Freedom of Access to Clinic Entrance (FACE) Act. The law had been passed in the wake of the 1993 Gunn killing. The Justice Department, however, was not willing to use Hill's actions as the first court test of FACE. After another protest, Hill was arrested by local authorities for disturbing the peace, but once again federal officials declined to prosecute under FACE.

On July 29, 1994, Hill returned to the Ladies Center Clinic. This time he did more than shout. At about 7:30 a.m., Dr. John Britton arrived at the clinic with two escorts, 74-year-old Jim Barrett and his 68-year-old wife, June. Jim Barrett was acting as a bodyguard for Dr. Britton, 69, who performed abortions at various clinics in northern Florida including the Pensacola Ladies Center Clinic. As the three prepared to leave their vehicle, Hill pulled out a newly purchased Mossberg shotgun. Hill shot and killed Jim Barrett, reloaded, then fired again, killing Dr. Britton and severely wounding Mrs. Barrett. Hill then put down his gun and walked away. Moments later, he offered no resistance when police apprehended him. Hill told the officers, "I know one thing. No innocent babies are going to be killed in that clinic today."

Two Fast Trials

Hill's actions prompted the FBI to investigate whether the growing anti-abortion violence was part of a larger conspiracy. The Britton/Barrett murders also led to Hill's arrest under FACE, as well as state charges of murder, attempted murder, and shooting into an occupied vehicle.

Hill's federal trial began in October 1994, and he chose to act as his own attorney. The judge denied Hill's attempt to argue that the murders were justifiable homicides to prevent the murder of unborn children. Stripped of his defense, Hill did not call or cross-examine any witnesses. He was subsequently convicted and sentenced to life in prison. However, Hill faced an even stiffer sentence on the state charges—the death penalty.

His state trial drew the most public attention. As in the first trial, Hill represented himself and again tried to introduce a defense of justifiable homicide. Judge Frank Bell could only rule against him, since abortion is a legal procedure. Once again, Hill did not call any witnesses or offer any other defense. The trial ran just three days, and the jury needed only 20 minutes to convict him on two counts of first-degree murder as well as the other two charges.

After the trial, federal prosecutors said they would allow the state's punishment to take precedence over Hill's sentence for the FACE conviction. On November 3, the jury recommended that Hill die in the electric chair. Judge Bell, noting that Hill had no sense of remorse and that he had "look [ed] at what he accomplished with pride and satisfaction," agreed with the sentence.

Appeals for a "Martyr"

Under Florida law, Hill's sentence was automatically appealed to the Florida Supreme Court. Hill again wanted to act as his own attorney during this process, but the Florida Supreme Court ruled against him. At one point, Hill said he did not want to appeal the conviction at all, and noted that if he were executed, "I think you could justifiably call me a martyr." In 1997, the Florida high court unanimously upheld Hill's state conviction, and as of this writing he is awaiting execution on Florida's Death Row.

Some pro-choice forces believed that Hill's death sentence would deter future acts of violence against abortion providers. But the attacks continued, including the murder of two Boston abortion clinic workers in December 1994 and bombing attacks against clinics in various cities, including Atlanta and Birmingham. Pro-choice forces have called for increased prosecutions under FACE and more police protection of clinics. Supporters of abortion rights were also disappointed in 1996, when the FBI decided the anti-abortion violence was not part of a vast conspiracy. In the meantime, some pro-life groups have disavowed the use of extreme violence to espouse their cause.

—Michael Burgan