It looked as if Hertz would plead guilty to the charges against him -- but yesterday, he unexpectedly asked for a jury trial.
Hern doesn't seem overly concerned about this turn of events. "He's entitled to a jury trial," he says. "That's the law, as far as I know." But because of this development, he's reticent to discuss the case in detail -- although he makes it clear that such threats are nothing new.
"I got my first obscene death threats in the middle of the night for doing abortions in 1973, two weeks after I started doing abortions fulltime in Boulder," he says.
Since then, in Hern's view, "it's only gotten worse. Anti-abortion fanatics will stop at nothing, including assassination" -- a clear reference to the murder of Kansas abortion doctor George Tiller. Hern was friendly with Tiller, and after the murder, he reportedly began seeing some of Tiller's former patients.
"This is a violent terrorist movement," Hern maintains, "and a trial gives them a platform for their fascist ideology."
A point he may well get a chance to make before a judge a jury.