California AG to Refile After Judge Dismisses 14 of 15 Charges Against Man Who Recorded Undercover Planned Parenthood Videos

SAN FRANCISCO, Calif. — A superior court in California has temporarily dismissed 14 of 15 charges filed against David Daleiden of the Center for Medical Progress, but with leave to amend—that is, allowing the prosecution to refile their complaint with more specificity.

“Following the defense’s complaint that there are too many surreptitious recordings to know which ones the California Department of Justice is relying on, the judge requested more specificity in the charging document, specifically to identify the videos that are the basis of the charges,” outlined the California Department of Justice in a statement on Wednesday.

“The California Department of Justice has 10 days to amend the complaint and will be making the requested changes,” it said.

As previously reported, State Attorney General Xavier Becerra alleges that Daleiden and his associate Sandra Merritt wrongfully recorded Planned Parenthood employees and others without their consent in conducting an undercover investigation into their abortion practices.

In March, he charged both Daleiden and Merritt with 14 counts of covertly recording confidential conversations—one for each person—and one count of conspiracy to invade privacy.

“The right to privacy is a cornerstone of California’s Constitution, and a right that is foundational in a free democratic society,” Becerra said, according to the LA Times. “[We] will not tolerate the criminal recording of confidential conversations.”

But the Center for Medical Progress believes that the charges are politically motivated and violative of the pro-lifer’s First Amendment rights—that is, his freedom to conduct investigative journalism.

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“This is a politically motivated prosecution,” Daleiden told reporters on Wednesday. “And this is discriminatory against pro-life Americans and a rally against Californians who happen to have a different point of view.”

Becerra had been previously praised by Planned Parenthood and received campaign donations from the organization for many of his House re-election bids.

“Rep. Becerra is a long-time champion for women’s reproductive rights and health,” said President Cecile Richards in a statement after Gov. Jerry Brown appointed him to replace now U.S. Senator Kamala Harris. “As a former California deputy attorney general, he understands the importance of a woman’s right to access the full range of health care, including safe, legal abortion.”

Information from the Center for Responsive Politics also reveals that Planned Parenthood donated to Becerra’s political campaigns on several occasions, as early as 1998. The organization gave $1,000 in 2014, $2,000 in 2012, $500 in 2004, $1,000 in 2002, and $1,035 in 1998.

As the criminal matter went to court this week, attorneys for Daleiden and Merritt presented demurrer motions, which were granted.

The religious liberties group Liberty Counsel, which is representing Merritt in court, said that it argued that “the criminal complaint for illegally recording supposedly ‘private’ conversations (in restaurants, hotel lobbies and other public places) … was legally deficient for numerous reasons, not the least of which was the attorney general’s decision to prosecute Merritt in secret proceedings, without identifying even the names of her accusers or purported ‘victims.'”

San Francisco County Superior Court Judge Christopher Hite agreed that the 14 counts of recording confidential conversations lacked specificity and dismissed them all. However, he also gave Becerra permission to amend his complaint against the pro-lifers, and to enumerate exactly which videos are at issue.

“The judge also denied the AG’s request for contempt sanctions against David’s defense counsel, and agreed Judge Orrick’s federal gag order in the civil lawsuit should not prevent defendants from using the videos in our defense,” the Center for Medical Progress additionally outlined on social media.

As previously reported, Planned Parenthood had claimed following the release of Daleiden’s videos, which were first posted online in 2015, that the footage had been deceptively edited, but Daleiden had also publicly released the hours-long recordings in their entirety in addition to his concise video highlights. All the videos may be viewed in their entirety on the Center for Medical Progress YouTube page.


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  • Grace Kim Kwon

    This is so wrong. Mr. David Daleiden is a hero of life. The Nazi criminals are the Planned Parenthood. What went wrong with the English nations today? Why are they so up for killing the innocent children in wombs?

    • Amos Moses – He>i

      “Why are they so up for killing the innocent children in wombs?”

      because they are the IMAGO DEI ….. the image bearers of God ……….. /SMH ……

      • Grace Kim Kwon

        Yes. Liberals continue to make Christians suffer and they make co-existence impossible.

      • BoTexan

        they still want to kill blacks, do you realize how many millions of black babies have been killed!!!!!!!! keep voting democratic!!!!!!! duh

  • InTheChurch

    Sue him, incarcerate him or fine him but the truth remains; babies are chopped up into pieces and sucked out like a frappuccino, PP has a chop shop for profit and our tax dollars go to pay for this slaughter house.

  • Ask yourself WHY is this case is being adjudicated in the first place???

    To know the answer, one must get to the genesis of in utero infanticide in America? And that answer takes us all the way back to 1787.

    Had the constitutional framers (like their 17th-century Colonial forbears) established government and society upon Yahweh’s unchanging moral law (including Exodus 21:22-23), Planned Parenthood wouldn’t exist and millions of infants slaughtered and butchered in their mothers’ wombs would have lived to have seen the light of day:

    “…3. Every problem America faces today can be traced back to the fact that the framers failed to expressly establish a government upon Yahweh’s immutable morality as codified in His commandments, statutes, and judgments. (Would infanticide and sodomy be tolerated, let alone financed by the government, if Yahweh’s perfect law and altogether righteous judgments were the law of the land? Would Islam be a looming threat to our peace and security if the First Amendment had been replaced with the First Commandment? Would Americans be in nearly as much debt if usury had been outlawed as a form of theft? Would crime be as rampant if “cruel and unusual punishment” had not been outlawed and criminals were instead punished with Yahweh’s altogether righteous judgments? Would we be on the fiscal cliff if we were taxed with a flat increase tax rather than a graduated income tax?)….

    “On February 27, 2009, James Dobson conceded that we have lost the culture wars. This is the consequence of Christians having spent the last two centuries lopping at the rotten branches of our culture’s corrupt tree while watering and fertilizing its roots.

    “We should lop away at the tree’s corrupt branches (infanticide, sodomy, the economy, etc.). However, until the root of these problems is Biblically addressed, we will never shut down the infanticide mills, we will never defeat the sodomites, and we will never fix the economy. In short, we will never win the culture wars. This issue is more than important for anyone concerned about God, our nation, and the future of our posterity, it’s the cutting- edge issue of our day….”

    For more, see our Featured Blog Article “5 Reasons the Constitution is Our Cutting-Edge Issue.” Click on my name, then our website. This article will be found at the top of our home page.

    Then find out how much you really know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey in the right-hand sidebar and receive a complimentary copy of a book that examines the Constitution by the Bible.

  • Recognizing_Truth

    So, despite Abortions-Are-Us, I mean “planned parenthood”, being criminally involved in the murder of humans and the sale of their body parts, California is concerned with the “wrongful recording” of the criminals?
    Wanting murderers to go free on a technicality would be one thing – they’ve already accomplished that.
    But punishing a whistleblower and investigative reporter for discovering a national, and federally funded, network of murder and human body part trafficking, is beyond the pale – even for the twisted legal system (not justice system) of California.

    • BoTexan

      the purpose of planned parenthood was to eliminate the negro race from america, the democrats founded it and continue to promote it. 80% + of the abortions performed in america are on blacks and the blacks support it. the blacks, the jews and the unions continue to support the democrat party who favor killing black babies, hating Israel, and inviting cheap labor from everywhere. DAH!!!!!! GO FIGURE

  • FoJC

    To think that it is legal to murder a baby, but see our “justice system” bring charges against someone who uncovered financial fraud is maddening, to say the least. How twisted people become when they reject God and embrace the “shedding of innocent blood”.

    Come LORD Jesus, come!

    • BoTexan

      killing babies for body parts is the question, not abortion—our wonderful courts have decided that question, but no court in the land (even calif) has approved killing babies to sell their body parts for profit!!!!!!!!

  • Gary Smith

    He is refiling at the direction of snowflake Brown

  • 1d2a3v4id5

    The “right to privacy” may be the cornerstone of the American Constitution, but the right to kill certainly is not. There is no such thing as “wrongful recording” of murder, because murderers lose their rights when they conduct their criminal deeds in secret. It is rather right of any law-abiding Christian to break in on the criminal activities of Planned Parenthood and expose them for what they are, in the same way it’s anyone’s right to video-tape theft or rape. Since when do rapists and thieves have a right to privacy? And since when does a woman have a right to murder her children in secret? Her rights are denied!!

  • BoTexan

    The calif. justice system both civil and criminal is so corrupted by the democratic party(saul alinsky rules for radicals). the 9th (circus) us court of appeals is the biggest joke in our nation. they have been reversed so many times no lawyer will ever use their rulings. D D will never get a fair trial in calif. with all the clowns out there.

    • FoJC

      Republicans are just as corrupt as Democrats.