“Florida 4” Defendants Share Their Experiences Inside Federal Prison

Report from the Civil Liberties Defense Center (CLDC) about the case of the Florida 4.

For many of you that follow the work of CLDC, as well as issues like the Dobbs decision and the resulting impact to reproductive rights in this country, the Jane’s Revenge trial of the “Florida 4” has been a bellwether case. The creep of authoritarianism we currently face and the resulting loss of bodily autonomy across the United States is not only a wildly unpopular lurch to the right, it’s a vitally important issue of healthcare for over half the country’s population. CLDC’s Lauren Regan was the attorney of record for one of the three defendants who pled guilty to a felony conspiracy charge based on the “heinous” crime of spray painting the outside of a fake abortion clinic when it was closed. Such law breaking in any other situation would have led to a misdemeanor charge and perhaps a small fine.

However, in the authoritarian lab that is Florida, and the political climate we all are currently subject to, this act of defiance against the overturning of a broadly popular right to have an abortion resulted in prison terms of varying lengths for the three defendants that took a plea deal to avoid further destruction to their communities. The fourth, Gabriela Oropesa went to trial and was found guilty, but sentencing has been scheduled for March 2025 as of this publication.

This week the CLDC had an opportunity to catch up with Amber Smith-Stewart and Annarella Rivera following their release from federal prison where they were each sentenced to 30 days (and served slightly less than that). Caleb Freestone is still incarcerated, sentenced to a year in federal prison due to alleged violations of his pretrial conditions while awaiting a resolution to the case. We wanted to hear their reflections on the case, their time on the inside, and the effects this experience had on their personal activism.

When asked about how it felt to bravely stand up for their belief systems only to be subjected to political gamesmanship to advance a Christian Nationalist anti-choice platform:

Rivers (Annarella Rivera):

I felt alone, I was sideswiped by the experience of being subjected to the FACE Act, an act that was designed to protect abortion providers and their patients. It was abundantly clear that they (the Florida AG, the Biden D.O.J., Florida Senators and Congress people who opined on the case) were not interested in patient care but were instead interested in using our case to demonize the left and advance their agenda.

Amber:

It felt unreal, when I first got into activism I followed the Eric King federal trial very closely, after he caught a charge for defending himself from assaults from correctional officers. Never in my life did I imagine I’d end up at the defendants table in a federal courthouse. I never could have imagined my face and name would be splashed all over the news and social media. The way we were used ignited something in me, we faced the beast close up and personal and the fire that was lit from this experience will never be put out.

Reflecting on how it felt to be sentenced to even a short term of federal incarceration for an action they believed at the most would result in a misdemeanor charge and a fine. 

Amber:

My biggest fear going in was my ability to cope with day-to-day life and the trauma of my mom’s death. My mom’s passing in prison was a direct result of the Dept. of Corrections medical neglect. I lived with the trauma of my mom’s death every single day I was in there. At night that prison is very quiet, there is only the sound of the jingling keys of the guards on duty and the sound of your bunky snoring. I would stay up at night, looking out the tiny window onto the Miami skyline and only think of my mom. While I was in there I was seriously injured and was denied access to something as simple as ibuprofen. This triggering experience really illuminated the circumstances around my mom’s death.

Rivers:

I was fearful of the unknown. Before I went in, I was really looking at the experience from a negative perspective. After getting out I look at my experience in a positive light. I’m happy I was on the inside, albeit for a short time. I was in there with so many good people. I felt guilty about getting released after thirty days. Being in there only reinforced my beliefs about the injustice of incarceration and our prison systems.

We asked Rivers if there were any regrets stemming from her entire experience.

 Rivers:

My only regret was missing time with my son, I was unable to continue living with him after the raid and arrest, we lost the house. He was 16 when I was arrested, he chose to stay in the area we were living before all this went down. The government took my ability to make new memories with both my sons, one of which is 30 and grown. My kids are my best friends though and they’re proud of me. We’ll be together again soon.

Amber and River both reflected on the experience of either being represented by a movement lawyer (Amber was represented by Lauren Regan), or being a co-defendant of someone represented by a movement lawyer. (Rivers was represented by a public defender but understood Lauren was also on her team.)

Amber:

Having a movement lawyer changed everything, in the end it made all the difference in the world. Lauren always kept her eyes on the other attorneys and reminded everyone, both defendants and lawyers, that this case was about the political fight for rights to bodily autonomy and not just the criminal case we were facing. Lauren would always ask me really tough questions and help me to stay focused on what was important to me– the movement implications. I thought about this every time I had to make an important decision.

Rivers:

Although I had a public defender, three actually, her (Lauren’s) addition to this case was so incredibly helpful. After going through multiple public defenders Lauren really helped to keep the focus on what the important goals of the case were, both personally and for the greater good. CLDC is still standing with us and supporting us even after the case has been resolved and we’ve been released. This is very special.

General reflections on the impact of this experience on their activist life.

Rivers:

This experience has only increased my resolve as an activist. There are so many ways to stand up and fight for your belief systems! After going through this experience, I’ve decided I’d like to really focus on supporting political prisoners, doing prisoner solidarity work, and working towards the end goal of abolition of our prison system.

Amber:

There’s nothing I can say to someone who hasn’t experienced political persecution and resulting incarceration to get them to better understand what it feels like to have your rights taken from you for something you so strongly believe in. Without a doubt this has strengthened my decision to be an activist and to keep fighting for what’s just. I’ll be focusing my work on rights of political prisoners and the solidarity work that is a lifeline for the people on the inside.

CLDC would like to thank the Jane’s Revenge defendants for their bravery as well as their steadfast decisions that not only increased the public’s awareness around the harm inflicted by fake abortion providers on vulnerable communities, but also for setting such a good example for other young activists coming up right now on what being a strong non-cooperating defendant looks like. Amber and Rivers and their 2 codefendants were all facing 2 federal civil SLAPP (Strategic Lawsuit Against Public Participation) suits filed by the Florida Attorney General and one of the fake clinics, and by taking the negotiated plea to conspiracy, they were also able to ensure less jail time, and have the civil suits dismissed, thereby putting an end to the personal and community risks brought by the federal lawsuits and discovery threats–something they had both committed to no matter what the end results were. We remain proud to stand with you both.

One of the many perks of being represented by CLDC is our network of amazing past political clients that often stand by willing to lend support to our current clients facing state repression in new and scary ways. In this case, Amber and Rivers were connected to past CLDC client, advisory board member and friend, Daniel McGowan. Daniel was one of the non-cooperating Green Scare defendants (another unprecedented prosecution) and not only offered information, wisdom and support about being targeted by the feds and doing time, but he was also instrumental in fundraising for support funds for them and their families. Thanks to all that supported them and their community! We’ve got each-others’ backs!

Support Amber & Rivers!

The work of CLDC does not stop with the end of a protest, a trial, or a training. We strongly believe that movement building and organizing require cultivating long-term relationships and mutual support. Much in the way we ask you for your continued support of CLDC’s work, we endeavor to have the backs of our clients and allies long after their names have dropped from the headlines.

This week, we are reaching out to our supporters for a very specific ask. Amber Smith-Stewart and Annarella Rivera put their collective freedom and safety on the line to defend the right of bodily autonomy and choice in this country. They, along with two other defendants were arrested, prosecuted, and jailed in Florida for calling attention and focus to the unpopular and dangerous changes that are underway in this country regarding the right to choose when and if a pregnancy is carried to term. For their bold actions they were hit with FBI raids, family separation, loss of employment and housing, as well as time in federal prison, house arrest, and the lifelong burden of being federal felons. With the “privilege” of house arrest comes additional costs – including that of purchasing and wearing an ankle monitor. CLDC is asking for you to help them — and the movement at large — by covering the cost of their ankle monitors that are a requirement of “post prison supervision.”

The cost of each monitor is $250 so were asking for donations totaling $500 to support them both at a time in which money and transition back to “normal” life are challenging (while being forced to stay in their homes). By continuing to stand with these two individuals we are ensuring that the support of activists, and their continued ability to operate in activist spaces continues to thrive and grow.

*If you do donate, please earmark your donation, “For Amber and Rivers.”

Thanks so much, CLDC

Photo by Aiden Frazier on Unsplash