Wash. man indicted for threats to hurt Boulder doctor's family

By Felisa Cardona
The Denver Post

POSTED: 08/26/2009 03:03:55 PM MDT

UPDATED: 08/27/2009 06:11:47 AM MDT

A man who allegedly threatened to kill the family of Boulder abortion provider Dr. Warren Hern has been indicted by a federal grand jury in Denver.

Donald Hertz, 70, of Spokane, Wash., was indicted on charges of making telephone threats to Hern's office and violations of the federal Freedom of Access to Clinic Entrances Act (FACE).

The indictment was unsealed in U.S. District Court this afternoon.

Hertz is the first person prosecuted by the Justice Department under the FACE Act since Dr. George Tiller, an abortion provider, was killed in Wichita, Kan., said Justice Department spokesman Alejandro Miyar.

The threat to Hern's family came June 23, three weeks after Tiller was shot to death on May 31 while atchurch, Hern said.

"We received an anonymous call saying there were two Vietnam veterans coming from Spanish Fork, Utah, to Boulder to hurt my family," Hern said.

The U.S. Marshals Service — which stepped up protection for abortion providers after Tiller's death — responded to the threat and immediately took steps to get Hern's family out of harm's way.

Hern says he does not know whether the threat was valid.

"My family was terrified," he said. "I was frightened, my staff was frightened. My 92-year-old mother was taken from her apartment in the middle of the night, and it was quite a frightening experience, and we took it seriously because Dr. Tiller had just been assassinated."

The FBI traced the call to Spokane and made contact with the man who made it, Hern said.

"Why is it necessary for a doctor who is helping women to be protected from the anti-abortion movement?" Hern said. "We live in fear of these people."

Hern said he was pleased to hear that Hertz was indicted under the FACE Act because he believes the 1993 legislation has not been enforced enough by the government.

If convicted, Hertz faces up to six years in prison and $350,000 in fines.