SAN FRANCISCO — A San Francisco court today declared a mistrial in the criminal case against pro-life advocate Anastasia Rogers after jurors were unable to reach a unanimous verdict following testimony last week and thoughtful deliberation this week.
The case arose from a 14-second social media video contrasting Anastasia’s peaceful sidewalk presence with Planned Parenthood’s abortion model. Four months after the video was posted, prosecutors charged her with intimidation under California’s Freedom of Access to Clinic and Church Entrances (FACE) Act, alleging that the video constituted unlawful intimidation of an abortion clinic escort.
Despite testimony from clinic escorts, most jurors did not think Anastasia violated the law. According to information disclosed following the mistrial, the jury stood 10-2 in favor of acquittal on Count 1 and 9-3 in favor of acquittal on Count 2, demonstrating that a substantial majority of jurors rejected the prosecution’s theory of the case.
“This prosecution never should have been brought,” said Alexandra Snyder, Chief Executive Officer of Life Legal Defense Foundation. “Anastasia has endured the stress, expense, and uncertainty of criminal prosecution because of a brief social media post expressing her pro-life beliefs. After nearly two weeks of trial, not only did the State fail to convince the jury that she committed a crime, but ten San Francisco jurors voted to find her not guilty.” Several jurors echoed this sentiment in their conversations with the Assistant District Attorney and Life Legal attorneys after court today.
Anastasia has consistently maintained that she never threatened anyone and never intended to intimidate anyone. Throughout the trial, supporters filled the courtroom and followed the proceedings closely, recognizing the broader implications for free speech and pro-life advocacy.
Snyder added, “Political disagreement is not intimidation, and advocacy is not a crime. Americans should be deeply concerned when protected speech becomes the basis for criminal prosecution. Today’s mistrial is an important reminder that our constitutional freedoms do not disappear simply because someone disagrees with a speaker’s viewpoint.”
The case has drawn attention from pro-life advocates and free speech supporters across the country who have expressed concern about the use of criminal laws to target protected expression.
No one should face criminal prosecution for peacefully expressing a pro-life viewpoint. Life Legal remains committed to defending the constitutional rights of pro-life advocates and ensuring that government power is not used to silence peaceful citizens.
Although the mistrial is a significant victory and a clear indication that the prosecution failed to persuade the jury, the case is not yet over. The San Francisco District Attorney’s Office may seek to retry the charges, and the court has scheduled a hearing to determine the next steps in the case.
Life Legal Director of Criminal Litigation Allison Aranda, one of Anastasia’s attorneys and a former prosecutor, stated, “In my years as a criminal trial attorney, I have never seen or heard of the prosecution re-trying a case after ten jurors voted to acquit the defendant.”
Anastasia’s matter is set for Monday morning at 9:00 a.m. in Department 17 at the Hall of Justice.
