Another tactic utilized by CPS was to put pressure on Alexander's landlord, a well-known Ypsilanti businessman named Hedger Breed, by circulating flyers around Ypsilanti alerting local residents and business owners about Alexander's felonious past and the fact that Alexander had been sued by at least two women who had been physically damaged due to botched abortions.  The flyers asked Ypsilantians to:

"Please help get this former convict out of Ypsilanti and help stop him from hurting more women by calling Hedger Breed."

The flyers then provided Breed's multiple telephone numbers.

Yet another battle-front that CPS members opened-up against Alexander was on the legal end.  In May 2006, CPS's Executive Director, Dr. Monica Migliorino Miller, PhD, filed an allegation form, along with 15-to-20 sworn affidavits, with the Bureau of Health Professions in the Michigan Department of Community Health (DCH), alleging violations of Michigan's informed consent law as well as violations of state licensing laws that regulate abortion clinics. CPS asked DCH to conduct a thorough investigation of the allegations.

In fact, CPS's allegations against Alexander were well-documented.  Since Alexander moved his abortuary to Ypsilanti in March 2006, CPS had continually alleged that Alexander's "practice" was in violation of Michigan's informed consent law concerning abortions, MCL 333.17015.  Michigan's informed consent law states that a "physician shall not perform an abortion otherwise permitted by law without the patient's informed written consent, given freely and without coercion."  This law stipulates a number of conditions that the physician must fulfill in order to receive a patient's valid consent to undergo an abortion.  One such condition that must be met is in section 3(e): The physician must "provide the patient with a physical copy of the prenatal care and parenting information pamphlet distributed by the department of community health under section 9161."  

Several affidavits that Dr. Miller provided to DCH were from women whom Alexander told to "not look at the `Right to Life' questions."

These affidavits also confirmed that Alexander had often told his patients to "just scroll" through the information in the pamphlet, which would imply an intent on Alexander's part to circumvent the mandated requirements designed to ensure true consent from a woman seeking an abortion.  

Another aspect of CPS's complaint to DCH had to do with the fact that Alexander's Ypsilanti clinic was not licensed as a freestanding surgical outpatient facility in violation of MCL 333.20115.  Under this statute, "the department [of community health] shall specify in the rules that a facility including, but not limited to, a private practice office described in this subsection in which 50% or more of the patients annually served at the facility undergo an abortion must be licensed under this article as a freestanding surgical outpatient facility."  CPS maintained that Alexander was in violation of MCL 333.20115 due to the fact that abortions constituted 50 percent or more of his business as documented by affidavits testifying to the fact that Alexander had repeatedly admitted that "he can't do anything else" other than abortions because of his felony record.

Nonetheless, despite CPS's credible allegations and supporting documentation, pro-abortion Governor Jennifer Granholm's Department of Community Health REFUSED to do an investigation of Dr. Robert Alexander's Ypsilanti abortion practice!  Incredibly, DCH's George Shade, MD, responded to CPS's complaint in a handwritten "letter," dated June 27, 2006, by writing:

"Abortion is legal in the state of Michigan whether or not any given individual/s agree with this is a personal matter between that person and his or her conscience.  It does not change the law as it stands. There is no violation of the state health code.  This file reflects an active campaign to discredit and prevent a physician from practicing because he chose to follow his own conscience and the law and perform medical abortions."

Now you would think that at least a minimal investigation of Alexander would be warranted, given the fact that he had broken the law before as evidenced by his federal felony conviction in 1988 and the fact that Michigan had deemed him dangerous enough to suspend his medical license during the 1990s.  

However, Governor Granholm's DCH chose to play abortion politics by clearly dismissing CPS's complaint simply because CPS was a pro-life organization. Undoubtedly, DCH's willful neglect of its oversight duties with regard to Alexander's Ypsilanti abortion practice put Michigan women at the mercy of Robert Alexander, a quack with a highly disturbing past.

Undeterred, by DCH's outrageous (and bogus) response, CPS pressed forward with its legal complaint by hiring attorney Mark Bucchi.  Bucchi filed a Freedom of Information Act (FOIA) request with DCH.  Although DCH dragged its feet, it eventually complied with the FOIA request and provided Bucchi with what it represented as its entire file on CPS's complaint.  

Contrary to DCH's repeated claims that it had conducted a "thorough review" of CPS's allegations against Alexander, the FOIA response revealed that the file only contained documentation that was given to DCH by CPS, DCH letters to CPS, and the handwritten "finding" of DCH's Dr. Schade.  

Surprise, surprise, but the FOIA response confirmed that DCH did not do anything with regard to investigating Alexander.  Not one site visit to his Ypsilanti abortion clinic.  Not one interview with Alexander.  Nothing.  

Is that what Governor Granholm's DCH considers adequate oversight, especially considering that the "clinic" in question was run by a convicted federal felon who had had his medical license previously revoked by the state?  

In February 2007, Bucchi contacted the Michigan Attorney General's Office on behalf of CPS wanting some advice on how to force DCH to do its job - regulating abortion clinics in the state of Michigan.  

The Attorney General's Office advised Bucchi that CPS had to seek an appeal of DCH's June 27, 2006 decision.  Thus, in a letter dated July 13, 2007, Bucchi wrote then-DCH director Janet Olszewski and asked her to grant such an appeal and order an investigation under MCLA 333.20176(2), since DCH's FOIA response clearly indicated that no original investigation of Alexander's activities in Ypsilanti had occurred in the first place.

While this appeal was pending, Alexander shuttered the doors at his 9 S. Washington clinic in downtown Ypsilanti earlier this summer, 2007.  On August 15, 2007, the Ann Arbor News reported:

"Landlord Hedger Breed said Alexander vacated the Ypsilanti building several weeks ago without notice and has stopped paying the rent, despite a five-year lease.  When reached Tuesday, Alexander refused to comment on his departure. Breed said Alexander never seemed to have many patients at the Ypsilanti office."

The acknowledgement by Hedger Breed that Alexander "never seemed to have many patients" at his Ypsilanti abortuary since it first opened in March 2006 is a testament to the work of Citizens for a Pro-Life Society.  

CPS's relentless efforts, which included conducting peaceful protests, side-walk-counseling, flyering the neighborhood, and filing legal complaints, and which were assuredly guided and blessed by a Higher Power, ensured that Alexander would victimize as few women and unborn children as possible in his Ypsilanti "clinic."

The lesson that all Michigan pro-lifers should take away from this classic episode of grassroots pro-life activism is that no matter who stands in the way - violent, egg-wheeling pro-abortion thugs, pro-abortion zealots with sheets and blankets who want to cover-up the horror of abortion, or a powerful, pro-abortion government bureaucracy - in the end, the Truth always triumphs.  

About the author: Andrew Shirvell, Esq., is a pro-life citizen activist who writes a weekly column that is published every Thursday for RightMichigan.com in which he focuses upon Michigan pro-life issues. Shirvell attended Ave Maria School of Law - Ann Arbor, where he served as president of the school's Bioethics Society, from 2004-2005.  He also served as president of Students for Life at the University of Michigan - Ann Arbor, from 2000-2002.