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BREAKING: Charges against woman arrested after botched abortion dismissed

Updated: May 15, 2021

After nearly seven months of legal battles, criminal charges against Jane Doe have been dismissed!

On September 1st, 2020, Jane Doe was arrested by Sunland Park Police Department and was charged with criminal disturbance. She had returned to Women’s Reproductive Clinic of Sunland Park on 9/1/20 with the body of her deceased baby, who was delivered at home following a botched surgical abortion. Jane went to the clinic in physical pain and emotional panic in order to get help, answers, and her medical records. The abortion provider, Dr. Franz Theard, refused to speak with Jane and instead fled the scene in his car after instructing police to be called on her.

After the abortion facility illegally took custody of her baby’s body, police arrested both Jane and her husband. Jane’s husband’s charges were later dropped, but Jane’s remained.

Thankfully there were prepared sidewalk advocates on the scene that day to provide Jane with the offer for help. Those advocates from Southwest Coalition For Life not only made sure Jane was given medical care following her botched abortion and home delivery, but they also called Abortion On Trial’s attorney from the scene of the incident. Together immediate steps were taken to defend Jane against the abortion provider she previously trusted.

AOT’s attorney has fought tirelessly not only against the bogus criminal charges but for Jane’s right to receive her own medical records. It took more than 120 days for Women’s Reproductive Clinic to release Jane’s medical records to her. That delay resulted in even more court battles as AOT’s attorney, Mike Siebel, sought to hold Women’s Reproductive Clinic in contempt of a court order. Women’s reproductive clinic responded to that attempt with proposed sanctions against Mr. Seibel.

In the end, not only were charges against Jane “dismissed without prejudice,” but the proposed sanctions against Mr. Seibel and the request for Women’s Reproductive Clinic to have their legal fees paid for were denied. The judge ruled in Jane’s favor on both accounts. Franz Theard’s facility not only lost in their criminal pursuit against Jane, but they also lost in their pursuit to save on the legal fees Jane’s case cost them.

Jane’s case is the beginning of fighting back against the bullying women so often experience before and after abortion. Franz Theard and his staff now know that people will push back and stand up for the women they previously got away with mistreating. Women watching this case now know that people will stand beside them in a battle against corrupt doctors.

This may not be the last we see of Jane and her story, but it is the last we will see of Franz Theard harming women without being actively opposed.

“We hope Jane’s story will continue to spread as a beacon of awareness and precaution to those considering abortion," says AOT Executive Director Jamie Jeffries. “We hope those who oppose abortion see this case and realize just how much women need compassionate care after abortion. And we hope those who support providers like Franz Theard see this case and realize who is having women arrested at abortion clinics and who is fighting for them when that happens.”

To support the work Abortion On Trial is doing, click HERE.

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