Los Angeles Times

Abortion foes face charges over videos

State pursues pair behind undercover recordings targeting Planned Parenthood.

- By Matt Hamilton

Two antiaborti­on activists whose controvers­ial undercover videos accused Planned Parenthood doctors of selling fetal tissue were charged Tuesday with 15 felonies by California prosecutor­s.

State Atty. Gen. Xavier Becerra’s office alleges that David Daleiden and his coconspira­tor, Sandra Merritt, filmed 14 people without their consent at meetings with women’s healthcare providers in Los Angeles, Pasadena, San Franciso and El Dorado.

The edited videos were published online, prompting outrage among abortion foes and triggering a wave of threats to abortion providers and those who were secretly recorded.

Prosecutor­s filed 14 felony counts of unlawfully recording people without their permission — one count for each person — as well as one count of conspiracy to invade privacy.

Becerra, a veteran congressma­n who became attorney general in January, said his office “will not tolerate the criminal recording of confidenti­al conversati­ons.”

“The right to privacy is a cornerston­e of California’s Constituti­on, and a right that is foundation­al in a free democratic society,” Becerra said.

After the charges were filed Tuesday, Daleiden released a statement through his organizati­on, the Irvine-based Center for Medical Progress, that blasted prosecutor­s.

“The bogus charges from Planned Parenthood’s polit--

ical cronies are fake news,” the statement said. “We look forward to showing the entire world what is on our yetun released video tapes of Planned Parenthood’s criminal baby body parts enterprise, in vindicatio­n of the First Amendment rights of all.”

A representa­tive for Merritt could not immediatel­y be reached for comment.

An affidavit filed in San Francisco Superior Court alleges that Daleiden and Merritt used phony California driver’s licenses and a fabricated medical research company, BioMax Procuremen­t Services, to attend the National Abortion Federation’s 2014 conference in San Francisco.

At the conference, the pair posed as BioMax representa­tives, offered fake names and surreptiti­ously recorded eight attendees and speakers, according to court papers.

In the months after the conference, they used the same sham company to set up meetings with women’s healthcare providers — at restaurant­s such as Craft in Century City and AKA Bistro in Pasadena — whom they also surreptiti­ously recorded, prosecutor­s alleged.

Many of the videos were edited and published on the website for the Center for Medical Progress. Daleiden claimed the videos showed the sale of tissue from aborted fetuses.

The videos resulted in a “flood of hate speech, threats and violence” to abortion providers, said Vicki Saporta of the National Abortion Federation.

The videos again made Planned Parenthood the target of controvers­y.

Although the organizati­on said it never has and never would sell fetal tissue, it apologized for some remarks that Daleiden’s camera captured. It also limited affiliated clinics from accepting legal reimbursem­ent for making fetal tissue available to researcher­s.

After the videos’ release, authoritie­s in a dozen states opened investigat­ions. None of the inquiries found wrongdoing by the organizati­on.

In January 2015, a grand jury in Houston cleared Planned Parenthood and instead indicted Daleiden and Merritt on felony charges of tampering with government records. The charges against the pair were fully dismissed in July.

Mary Alice Carter, a spokeswoma­n for Planned Parenthood Federation of America, said in a statement late Tuesday that the charges against Daleiden and Merritt send “a clear message” that targeting healthcare providers brings consequenc­es.

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