Man mulls plea deal over threat on abortion doctor

A Washington man accused of threatening relatives of a Colorado doctor who performs late-term abortions is considering a plea deal, according to court documents filed Wednesday.

Donald Hertz, of Spokane, has indicated he was willing to accept the offer with minor modifications, documents filed in U.S. District Denver showed. He faces charges of making an interstate threat and of violating a law protecting access to reproductive health services.

His attorney Russell Van Camp told The Associated Press he doesn't want Hertz to do any jail time. He said he also was concerned about a possible fine.

"I have cautious optimisim that we'll work something out," Van Camp said, adding that a decision could come Friday.

No one from the U.S. attorney's office was available to comment after business hours Wednesday.

Hertz is accused of calling the Boulder Abortion Clinic in Boulder, Colo., on June 23 and threatening to kill members of Dr. Warren Hern's family. The call came within weeks of the slaying of Dr. George Tiller, who operated a similar clinic in Wichita, Kan.

Hertz's attorneys have been trying to move the case to Spokane, citing medical issues, including a recent heart surgery that Van Camp contends may have led to "diminished capacity issues." Van Camp called the alleged behavior out of character for Hertz.

"I've known him for 25 to 30 years. He's acting different," Van Camp said.

Defense attorneys also contend FBI agents violated Hertz's constitutional rights in questioning him. Government prosecutors have argued that agents didn't have to read Hertz his rights before interviewing him because Hertz wasn't in custody at the time.