Document Charging David Daleiden Claims He Sold Aborted Baby Parts, But Planned Parenthood Did

National   Steven Ertelt   Jan 26, 2016   |   7:16PM    Washington, DC

The document filed with the courts charging pro-life advocate David Daleiden with breaking a law prohibiting the the purchase and sale of human organs lists David Daleiden as attempting to buy and sale the body parts of aborted babies. The only problem is Planned Parenthood was the entity offering to sell aborted baby parts, not Daleiden.

Below is a copy of the charge against Daleiden. Why Daleiden is charged with selling human organs and not Planned Parenthood is the subject of considerable debate now.


Peter Breen, a lawyer with the Thomas More Society who also represents Daleiden in civil litigation, says the charges are bogus.

“We have very strong defenses, and neither of these two laws fit what David Daleiden and his undercover team did,” said Peter Breen, a lawyer with the Thomas More Society who also represents Daleiden in civil litigation. “That procurement statute requires intent, and everyone in the country knows David Daleiden had no intention to buy baby body parts, while Planned Parenthood had the repeated intention to sell baby body parts and adjusted their procedures to harvest better body parts.”

Another of the pro-life attorneys defending Daleiden, Tom Brejcha, Thomas More Society President and Chief Counsel, says the lawsuits and other attacks Daleiden is facing are a part of the campaign to shut down his expose’ of Planned Parenthood.

“Planned Parenthood and NAF are working to shut down Daleiden’s investigation of the abortion groups’ involvement in baby parts trafficking. But equally as any other investigative journalist working for ABC, NBC, CBS, Fox News, or your local print or electronic media outlet may regularly resort to undercover journalism tactics to ferret out hidden crime, so too David Daleiden should have the right to penetrate the criminal underworld of America’s abortion providers and report all the evidence he has uncovered of criminal wrongdoing to law enforcement and to members of the public,” he says.

Brejcha says Planned Parenthood alleges that Daleiden’s investigation was a “criminal enterprise” and thus tries to de-emphasize the fact that Planned Parenthood’s own top doctors have been caught in the horrific, criminal activity of aborted baby parts trafficking.

The Texas grand jury indicted David Daleiden and another pro-life activist, Sandra Merritt, behind the videos. Instead of prosecuting Planned Parenthood for selling aborted baby parts, Daleiden was indicted for buying them.

Daleiden and Merritt were charged with one felony related to tampering with a governmental record and a misdemeanor count for violating the Texas statute on human organ trafficking for allegedly offering to buy fetal tissue.. The felony charge was in reference to the use of a fake ID. If convicted, Daleiden faces 20 years in prison while Planned Parenthood officials face no legal consequences for their actions.

SIGN THE PETITION: Drop the Charges Against David Daleiden and Charge Planned Parenthood

The tampering charge has to do with the CMP investigators’ use of fake IDs to gain access to confidential meetings and events with top Planned Parenthood officials for the purposes of exposing their purchasing of aborted baby parts. This is the same charge that would be leveled at a minor who made or bought a fake ID to buy alcohol, except the minor would be breaking that law and David wasn’t engaging in an illegal activity with the fake ID.

The charges elevated to felonies because the grand jury alleges the IDs were used “with intent to cause harm” to Planned Parenthood. Under Texas law, the charge carries a penalty of two to 20 years in prison.

As far as buying aborted baby body parts is concerned, Daleiden emailed Planned Parenthood  asking to buy fetal tissue for $1,600. Whether Daleiden actually intended to buy the parts parts doesn’t matter in the eyes of Texas law, the grand jury contends.

But Planned Parenthood is doing the lawbreaking it appears.

In the video Daleiden and his team filmed in Houston, Melissa Farrell of Planned Parenthood-Gulf Coast in Houston boasted of Planned Parenthood’s skill in obtaining “intact fetal cadavers” and how her “research” department “contributes so much to the bottom line of our organization here, you know we’re one of the largest affiliates, our Research Department is the largest in the United States.”

Planned Parenthood could be breaking the federal law known as the Born Alive Infants Protection Act that requires abortion clinics, hospitals and other places that do abortions to provide appropriate medical care for a baby born alive after a failed abortion or purposefully birthed to “let die.” That would be one of the potential ways Planned Parenthood could produce a “fully intact” baby to sell to StemExpress for research. Most “crunchy” abortion methods would do damage to the baby’s body.

“Where we probably have an edge over other organizations, our organization has been doing research for many many years,” explains Farrell in the video. When researchers need a specific part from the aborted fetus, Farrell says, “We bake that into our contract, and our protocol, that we follow this, so we deviate from our standard in order to do that.”

Asked specifically if this means Planned Parenthood Gulf Coast can change abortion procedures to supply intact fetal specimens, Farrell affirms, “Some of our doctors in the past have projects and they’re collecting the specimens, so they do it in a way that they get the best specimens, so I know it can happen.”

The investigators ask Farrell how she will frame a contract in which they pay a higher price for higher quality fetal body parts, and she replies, “We can work it out in the context of–obviously, the procedure itself is more complicated,” suggesting that “without having you cover the procedural cost” and paying for the abortion, the higher specimen price could be framed as “additional time, cost, administrative burden.”

Farrell finally summarizes her affiliate’s approach to fetal tissue payments: “If we alter our process, and we are able to obtain intact fetal cadavers, we can make it part of the budget that any dissections are this, and splitting the specimens into different shipments is this. It’s all just a matter of line items.”

Farrell also indicates to the investigators over lunch that the specimen sales from her department contribute significantly to Planned Parenthood Gulf Coast’s overall finances: “I think everyone realizes, especially because my department contributes so much to the bottom line of our organization here, you know we’re one of the largest affiliates, our Research Department is the largest in the United States. Larger than any the other affiliates’ combined.”

The expose’ videos catching Planned Parenthood officials selling the body parts of aborted babies have shocked the nation. Here is a list of all eleven:

  • In the first video: Dr. Deborah Nucatola of Planned Parenthood commented on baby-crushing: “We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.”
  • In the second video: Planned Parenthood’s Dr. Mary Gatter joked, “I want a Lamborghini” as she negotiated the best price for baby parts.
  • In the third video: Holly O’Donnell, a former Stem Express employee who worked inside a Planned Parenthood clinic, detailed first-hand the unspeakable atrocities and how she fainted in horror over handling baby legs.
  • In the fourth video: Planned Parenthood’s Dr. Savita Ginde stated, “We don’t want to do just a flat-fee (per baby) of like, $200. A per-item thing works a little better, just because we can see how much we can get out of it.” She also laughed while looking at a plate of fetal kidneys that were “good to go.”
  • In the fifth video: Melissa Farrell of Planned Parenthood-Gulf Coast in Houston boasted of Planned Parenthood’s skill in obtaining “intact fetal cadavers” and how her “research” department “contributes so much to the bottom line of our organization here, you know we’re one of the largest affiliates, our Research Department is the largest in the United States.”
  • In the sixth video: Holly O’Donnell described technicians taking fetal parts without patient consent: “There were times when they would just take what they wanted. And these mothers don’t know. And there’s no way they would know.”
  • In the seventh and perhaps most disturbing video: Holly O’Donnell described the harvesting, or “procurement,” of organs from a nearly intact late-term fetus aborted at Planned Parenthood Mar Monte’s Alameda clinic in San Jose, CA. “‘You want to see something kind of cool,’” O’Donnell says her supervisor asked her. “And she just taps the heart, and it starts beating. And I’m sitting here and I’m looking at this fetus, and its heart is beating, and I don’t know what to think.”
  • In the eighth video: StemExpress CEO Cate Dyer admits Planned Parenthood sells “a lot of” fully intact aborted babies.
  • The ninth video: catches a Planned Parenthood medical director discussing how the abortion company sells fully intact aborted babies — including one who “just fell out” of the womb.
  • The 10th video: catches the nation’s biggest abortion business selling specific body parts — including the heart, eyes and “gonads” of unborn babies.The video also shows the shocking ways in which Planned Parenthood officials admit that they are breaking federal law by selling aborted baby body parts for profit.
  • Unreleased Videos: Unreleased videos from CMP show Deb Vanderhei of Planned Parenthood caught on tape talking about how Planned Parenthood abortion business affiliates may “want to increase revenue [from selling baby parts] but we can’t stop them…” Another video has a woman talking about the “financial incentives” of selling aborted baby body parts.
  • The 11th video: catches a texas Planned Parenthood abortionist planning to sell the intact heads of aborted babies for research. Amna Dermish is caught on tape describing an illegal partial-birth abortion procedure to terminate living, late-term unborn babies which she hopes will yield intact fetal heads for brain harvesting.

SIGN THE PETITION! Congress Must Investigate Planned Parenthood for Selling Aborted Baby Parts

The full, unedited videos have confirmed that revelations that some aborted baby remains sold by Planned Parenthood go to biotech companies for the purpose of creating “humanized” mice. Meanwhile, Planned Parenthood has been exposed as having sold body parts from aborted babies for as much as 15 years.

The federal law that technically prohibits the sale of aborted babies and their body parts was written by a pro-abortion Congressman decades ago and essentially spells out a process by which sellers of aborted baby body parts can meet certain criteria that allows the sales to be legal. That’s why a Colorado congressman has introduced legislation to totally ban the sales of aborted baby body parts.