Judge Refuses to Dismiss Bogus Charges Against David Daleiden for Exposing Planned Parenthood

National   |   Steven Ertelt   |   Jul 29, 2020   |   5:44PM   |   Washington, DC

The unjust prosecution of David Daleiden continues, as a judge has refused to dismiss the bogus criminal charges filed against him for exposing Planned Parenthood’s sale of aborted baby parts.

As LifeNews.com reported, Daleiden recently pleaded not guilty in California Superior Court to nine felony charges involving eavesdropping, falsifying documents and recording people without their consent.

Former California Attorney General Kamala Harris and current Attorney General Xavier Becerra, both Democrats who received campaign donations from Planned Parenthood, have been prosecuting Daleiden and fellow Center for Medical Progress investigator Sandra Merritt.

California law requires that both parties consent to be recorded. Becerra alleges that Daleiden and Merritt broke the law by filming their conversations with abortionists and others without their consent.

Yesterday, California’s criminal case against Daleiden went before Judge Suzanne Ramos Bolanos in an online court hearing for the Superior Court of San Francisco County in California.

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The hearing was a provision under Penal Code Section 995, filed by Daleiden’s attorneys, including the Thomas More Society’s Tom Brejcha and Peter Breen. The 995 motion asks the trial judge to dismiss the criminal complaint – entirely or partially – because the judge at the preliminary hearing incorrectly allowed the case to move forward

However, the judge refused to dismiss all of the bogus charges, Instead, Judge Bolanos dismissed one complaint as “duplicative,” and tossed out a count against Daleiden’s investigative partner, Sandra Merritt, for lack of evidence.

Daleiden’s defense attorneys, including the Thomas More Society’s Tom Brejcha and Peter Breen will challenge Bolanos’ findings in an email, they told LifeNews.

“In a “Section 995 hearing,” a trial judge is asked to dismiss the criminal complaint – entirely or partially – because the judge at the preliminary hearing incorrectly allowed the case to move forward,” explained Breen. “That was the thrust of our argument before Judge Bolanos. She made an erroneous assumption that Judge Christopher Hite found the witnesses in the pre-trial hearing not credible, when in fact it seems clear that Judge Hite did find them credible.”

Brejcha  described Bolanos’ handling of the lengthy hearing as a “brush off” of Daleiden’s affirmative defenses.

“David had a reasonable belief that he could find evidence of a felony crime of violence against human beings, namely, infanticide, that is, the killing of babies born alive with beating hearts,” stated Brejcha. “These children – whom fetal tissue traffickers refer to as ‘intact fetuses’ – are the source from whom ‘fresh’ organs were harvested and ‘donated.’ These ‘donations’ were acquired at premium prices in dollar amounts bearing no ascertainable relationship to actual costs incurred in their ‘production.’”

“We believe that it is very relevant and worth quoting how little Judge Hite said about this evidence,” continued Brejcha. “Testimony was presented by expert witnesses. An ABC 20/20 news program, hosted by ‘gold standard’ journalist Chris Wallace, was shown before the judge in open court. The contents quite clearly had an impact on Judge Hite. His terse dismissal of the defense in his final written ruling betrayed what struck us, as defense counsel, as his difficulty in dealing with this evidence. In the Section 995 hearing, Judge Bolanos likewise seemed anxious to avoid dealing with the evidence, simply inferring that Judge Hite must have not believed it.”

Ramos, the second trial judge, reviewed the prior ruling by Judge Christopher Hite who decided that the Attorney General of California had proved there was “probable cause” to prosecute David Daleiden for nine felonies. Hite had ruled out another six felonies brought by the prosecution for not meeting the burden of showing “probable cause.

In the time intervening since Hite’s decision, California Attorney General Xavier Becerra has added an additional, tenth felony charge. Daleiden’s defense team will provide evidence from the original hearing that they say will prove what is necessary to overturn Hite’s probable cause findings, and potentially end the prosecution of Daleiden by the State of California.

Meanwhile, one of the counts Judge Suzanne Ramos Bolanos dropped included the charge for “false identification documents,” brought against Merritt by California Attorney General Xavier Becerra on December 13, 2019, even though the statute of limitations had long ago expired for any new claims. Judge Bolanos concluded there was insufficient evidence that Merritt used a “deceptive ID” that did not contain the disclaimer required by the statute.

Liberty Counsel will file the appeal requesting the dismissal of the remaining eight charges brought against Merritt by AG Becerra for her undercover journalism work in exposing Planned Parenthood’s trafficking in baby body parts.

Liberty Counsel Vice President of Legal Affairs and Chief Litigation Horatio Mihet said, “The attorney general’s political prosecution of Sandra Merritt is coming off the rails as two more of his bogus charges are now dismissed. We will continue to vigorously defend Sandra at every stage and will not rest until this runaway train is fully derailed.”

Brejcha, founder, president and chief counsel of the Thomas More Society, which represents Daleiden, says undercover journalists and whistle-blowers have been celebrated for similar work, writing: “… about the time that Daleiden published his findings, animal rights activists were praised for documenting abuse in the poultry industry. Unlike in Daleiden’s case, Harris launched probes of the poultry industry and didn’t charge the reporters.”

He said Daleiden used standard undercover journalist techniques in his investigation of Planned Parenthood.

A California Penal Code 995 motion asks the trial judge in a felony case to dismiss one or more of the charges after a California preliminary hearing but before trial. This motion allows for a new judge to review the record and determine if the surviving counts should have survived, or if the newly added count could have been added.

Judge Christopher Hite previously dismissed six of the original 15 felony charges as he made factual findings that the recorded conversations were not confidential. Given those factual findings, Attorney General Becerra cannot bring those dismissed charges again. Becerra then filed an “Information” on December 13, 2019, adding an additional count to Merritt’s charges, even though the statute of limitations had long ago expired for any new claims.

The undercover videos, some of which were recorded at the National Abortion Federation’s (NAF) 2014 and 2015 abortion convention and trade shows, exposed Planned Parenthood’s illegal involvement in harvesting and selling aborted baby body parts to companies such as StemExpress. The recordings capture Planned Parenthood executives haggling over the prices of baby body parts, picking through bloodied arms and legs of aborted babies in a pie tray, and discussing how to alter abortion methods to obtain better body parts for sale.

Even legal scholars and news outlets that support abortion have slammed Harris and Becerra for prosecuting Daleiden and Merritt. Brejcha said law professors Sherry F. Colb and Michael C. Dorf criticized the state for pursuing criminal charges against Daleiden because the case could “cripple investigative journalism” as a whole.

“Whatever the precise facts of this case prove to be, the prosecution has broader implications, and not just for abortion and anti-abortion speech,” they wrote in an column for CNN. “Undercover exposés play a vital role in informing the American public of important facts that would otherwise remain hidden.”

The Los Angeles Times editorial board also slammed the California Attorney General’s office for threatening citizen journalists and jeopardizing the freedom of the press.

“It’s disturbingly aggressive for Becerra to apply this criminal statute to people who were trying to influence a contested issue of public policy, regardless of how sound or popular that policy may be,” the editors wrote in 2017. “… The state doesn’t need to threaten the pair with prison time.”

Lawyers with Liberty Council, a pro-life legal firm representing Merritt, said, to date, no other citizen journalist or journalism group has ever been charged with a crime for undercover recordings made in the public interest.

In November, Daleiden, Merritt and the Center for Medical Progress lost a civil case to the Planned Parenthood abortion chain. Their lawyers plan to appeal. In that case, Planned Parenthood accused them of more than a dozen crimes, including trespassing, breach of confidentiality, wiretapping and conspiracy.

Their undercover videos did a lot of damage to Planned Parenthood when they revealed the abortion giant’s baby body parts operation. Not only did the Center for Medical Progress investigation raise concerns about potentially illegal sales of human body parts, but it also uncovered evidence of abortionists allegedly putting women’s lives at risk by altering abortion procedures to better harvest aborted baby parts. The investigators also found evidence of possible patient privacy violations.

These findings prompted investigations by the U.S. House and Senate, as well as a number of states. The House and Senate investigations both recommended that the Department of Justice investigate Planned Parenthood after finding strong evidence that the abortion chain broke the law. The Department of Justice is investigating.

Planned Parenthood repeatedly has denied all allegations of wrong-doing, and many news outlets now parrot its talking points that the undercover videos were deceptively edited or debunked, even though that is not true. An independent forensics investigation verified that the videos were authentic.

Some undercover videos show how Planned Parenthood employees callously and flippantly negotiated the price of tiny baby hearts, lungs, livers and brains. Other evidence indicates the abortion giant may have broken HIPAA patient privacy laws.

The expose videos catching Planned Parenthood officials selling the body parts of aborted babies have shocked the nation. Here is a list of all 14:

  • 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 videoHolly 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.
  • The 12th video in the series shows new footage of Jennefer Russo, medical director at Planned Parenthood in Orange County, California, describing to undercover investigators how her abortion business tries to harvest intact aborted babies’ bodies for a local for-profit biotech company and changes the abortion procedure to do so.
  • The 13th video: exposes a Planned Parenthood medical director admitting that babies born alive after abortion are sometimes killed.
  • The 14th video: catches Planned Parenthood executives discussing gruesome abortion procedures and the sale of body parts from aborted babies for profit.