The Brian Finkel Case

by Joe Blow   

The more I read about this case the more upset I get. It should be taught in private schools as a required case study of the end result of mixing humans with the devices of the State: democracy, voting, judicial tyranny, socialism, special interests, irresponsibility, and victimhood as a way of life. I haven’t seen a more glaring example of what the State produces in years. If you are unfamiliar with this case, read on.  

Carol Sowers writes in The Arizona Republic, “Brian Finkel, a once-prominent Phoenix abortion doctor, was sentenced Friday to nearly 35 years in prison. He was convicted last month on 22 counts of sexually abusing patients. Under Arizona law he must serve at least 29 years behind bars. His sentence could have ranged from probation to 74 years. 

“Finkel, in a last grasp at leniency, continued to deny the charges Friday, blaming the accusations and his conviction on what he called his bluntness and poor bedside manner. ‘I know I'm not Marcus Welby,’ he said. ‘I'm not a touchy-feely compassionate guy. I wasn't raised that way. I wasn't trained that way. Perhaps I was too blunt when I counseled patients on their lifestyle choices, too perfunctory that I didn't seem compassionate. Perhaps I didn't have the bedside manner . . . they expected.’ 

“Judge Jeffrey Cates of Maricopa County Superior Court was not impressed, telling Finkel, ‘The jury did not find you guilty because of your demeanor and manner, but because you committed the crimes.’ The victims, some of whom were seeing Finkel to terminate pregnancies, applauded his sentence. They agreed with prosecutors, who said the doctor betrayed them at a vulnerable time in their lives.

“Finkel, a $600,000-a-year abortion doctor, wore well-cut suits during his three-month trial. On Friday, he told Cates he was embarrassed to appear ‘in court wearing prison stripes and chains.’ Finkel had originally been charged with 67 sex counts, but they were pared down to 56 before and during the trial. He was found not guilty on 34 counts, including six of the more serious charges of sexual assault.

“Seventeen other supporters wrote letters praising Finkel for his skill as a surgeon and for battling for women's rights to have abortions. Among them was Judge Sally Willett of New Orleans , who wrote that she had known Finkel for 20 years professionally and personally. ‘Dr. Finkel's manners at times raise hackles, but he . . . would not use his position to harm weak and defenseless women,’ she wrote.”

Let me see if have this right. These women came to him to pay him to kill their unwanted children for them and now, years later, they crawled out of the woodwork to ensure that he is imprisoned for touching them? He did not rape them, beat them, or harm them physically in any way. By his account he did nothing more than what any gynecologist does every day.

These women heartily approved of his methods, but not his manners. How politically correct is that? OJ, Bill Clinton, and Janet Reno are all still walking the streets, yet this man is headed to prison for the rest of his life. Why? His bedside manner was not sensitive enough for these cold-blooded killers who hired a State-approved proxy to terminate the real “weak and defenseless” victims — their own unborn children.  

This doctor was convicted of sexual abuse, which today is whatever any woman says it is. There is no defense against this charge. If you can line up enough self-professed “victims” you can convict anyone.  

Is he really guilty? Who knows? The State says he is and that’s all that matters.  

“Janet Jorgensen of Phoenix, who accused Finkel of abusing her 15 years ago, told the Republic she was thrilled even though he was acquitted of some counts, and all counts involving her case came back not guilty. ‘I think most victims went into this for one thing: That he never hurt another woman,’ said Jorgenson, who added she bears no malice toward him. Phoenix police said one of the chief obstacles to their investigation of Finkel was that 90 percent of the women who have now come forward since news of his arrest never filed a police report, according to the Arizona Republic .” [Emphasis mine.]

Gee, do you think that guilt played a part in this case? The vast majority of these women never even filed a police report. Whose fault was that? If he really is guilty of sexual abuse, these women are to blame for allowing it to continue. If he is innocent, they are using him as a scapegoat to flush away their residual guilt. Someone must now pay, so it will be him. Then they can all get on with their lives, knowing that he won’t harm any more “weak and defenseless” women.

In reality, it is the doctor who is defenseless, even if he is innocent of the charges, as he claims. He legally killed over 30,000 unborn babies, but he is now headed to prison for touching women inappropriately in the process. Violently killing an unborn child is a State-approved medical procedure, but woe unto the State-approved killer who touches a woman inappropriately in the process, for that is a serious crime.

This case exhibits the classical traits of State involvement in human affairs: (a) the innocent die needlessly, (b) the real criminals walk, (c) a politically correct scapegoat is found, (d) the State agents are paid, (e) the victims are not compensated, (f) the victims and others are forced to pay for the incarceration of the convicted criminal, (g) the real crime is overlooked, and (h) justice is not served.

The State does society no favors.