The Mercury News

San Jose woman charged in Planned Parenthood case

Davis man also accused of making undercover videos at clinics in state

- By Patrick May pmay@bayareanew­sgroup.com The Associated Press contribute­d to this report.

A San Jose woman named Sandra Susan Merritt was one of two antiaborti­on activists California prosecutor­s charged Tuesday for making undercover videos of themselves trying to buy fetal tissue from Planned Parenthood.

Merritt, along with David Daleiden, of Davis, faces 15 felonies for invading the privacy of medical providers by filming without consent.

The announceme­nt this week comes eight months after similar charges were dropped in Texas against the pair, who work with an Irvine-based anti-abortion group called the Center for Medical Progress.

The case was spearheade­d by state Attorney General Xavier Becerra, a longtime congressio­nal Democrat who took over the investigat­ion in January.

In a statement, he said California “will not tolerate the criminal recording of conversati­ons.”

Each of the defendants is charged with 14 counts, one for each of the 14 people who were filmed without their permission between October 2013 and July 2015 in Los Angeles, San Francisco and El Dorado counties.

The 15th count is for criminal conspiracy to invade privacy.

Merritt was not immediatel­y available for comment, and a spokesman for the Center referred calls to the group’s attorney, former L.A. District Attorney Steve Cooley, who ran unsuccessf­ully for California attorney general against Kamala Harris, now a U.S. senator.

Daleiden and Merritt had previously been indicted in Texas on similar charges in January of 2016, but all of the charges were eventually dropped by July as prosecutor­s said a grand jury had oversteppe­d its authority.

The grand jury had originally been convened to investigat­e Planned Parenthood, but after finding no wrongdoing turned around and indicted Daleiden and Merritt instead.

Last summer, a Los Angeles judge declined to remove Merritt as a defendant in a lawsuit related to the videos, refusing to accept her claim that she was working for the anti-abortion group as a journalist at the time the videos were made and therefore enjoyed First Amendment protection­s.

A Texas native, Merritt lives in South San Jose, has operated a tutoring service and has held a cosmetolog­y license since 1982, according to public records.

 ?? PAT SULLIVAN/ASSOCIATED PRESS ARCHIVES ?? Sandra Merritt is one of the two anti-abortion activists that California prosecutor­s say made undercover videos of themselves trying to buy fetal tissue from Planned Parenthood.
PAT SULLIVAN/ASSOCIATED PRESS ARCHIVES Sandra Merritt is one of the two anti-abortion activists that California prosecutor­s say made undercover videos of themselves trying to buy fetal tissue from Planned Parenthood.

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