David Daleiden

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David Daleiden
Born David Robert Daleiden[1]
(1989-01-01) 1 January 1989 (age 29)
Santa Clara County, California U.S.
Nationality United States
Education Davis Senior High School (2007)
Alma mater Claremont McKenna College
Occupation Activist
Home town Davis, California

David Robert Daleiden (born 1989)[2] is a pro-life activist who worked for Live Action before founding the Irvine, California-based Center for Medical Progress in 2013.[3][4]

Early life and family[edit]

Daleiden says he is the "child of a crisis pregnancy" and grew up "culturally Catholic."[5] His mother, Gina Surkala Daleiden, served for 9 years as a trustee on the Davis School Board and is the executive director of First 5 Yolo, a state taxpayer funded early childhood development program.[6][7]

Daleiden graduated from Davis High School in 2007 and later from Claremont McKenna College.[8][9][10][11][12]

Pro-life activities[edit]

In 2015, Daleiden released videos showing Planned Parenthood officials discussing fees for human fetal tissue and organs.[13][14] Daleiden, an associate of Lila Rose, ran a Live Action chapter in 2007 and was the organization’s director of research "during the early stages" of the project to make secret recordings of Planned Parenthood clinics.[15][16] He originally registered his Center for Medical Progress as a tax-exempt biomedical charity. In furtherance of his plan, he set up a sham biomedical research company called Biomax Procurement Services. Daleiden and his collaborator, Sandra Merritt, posed as employees of Biomax and orchestrated surreptitious recordings of interviews where his associates asked about tissue donation costs, and questioned whether tissue samples could be acquired from African American patients with sickle-cell anemia.[17] After its real activities were exposed, Daleiden re-registered his Center for Medical Progress as a journalistic organization.[15][18][19]

Planned Parenthood states that they may donate fetal tissue at the request of a patient, but such tissue is never sold.[17][20] According to Molly Redden of The Guardian, the content of the videos was "broadly considered to be false, the product of aggressive and misleading editing".[21] However, the videos themselves have never been empirically proven to be false. Fusion GPS, the production company Planned Parenthood hired in the wake of the scandal to debunk the videos, rigorously analyzed them and found no supporting evidence of audio or visual manipulation. However, the company still claimed that the videos were falsified, despite having little expertise in the field of forensic video analysis. Coalfire Systems, another research firm with longer experience in said subject, also failed to find evidence of malicious editing. [22][23]

The videos were shown to Republican Congressmen Trent Franks and Tim Murphy two weeks before being made publicly available, leading commentators to note that the timing of the release appeared to coincide with a bipartisan bill to raise money for Susan G. Komen for the Cure.[5][24][25]

On July 31, 2015, the National Abortion Federation sued CMP and Daleiden, alleging that Daleiden's campaign violated its members' privacy and threatened their safety.[26]

On January 22, 2016, Daleiden appeared on C-SPAN for a question-and-answer session that included viewer call-ins. He advocated reverting current laws back to the time when all elective abortions were criminal acts. The segment's opposing view was presented by NARAL Pro-Choice America policy director Donna Crane.[27][28]

Criminal charges in Texas[edit]

On January 25, 2016, a grand jury in Harris County, Texas, that originally had investigated the Gulf Coast chapter of Planned Parenthood indicted Daleiden on a felony count of tampering with governmental records by making and using a fake driver's license,[29] and a misdemeanor charge for emailing an offer to buy fetal tissue for $1,600.[30][31][32]

Daleiden turned himself in on February 4, 2016,[33][34] and appeared in court after posting $3,000 bond.[35] He could have faced a prison sentence of up to 22 years if convicted, according to The Washington Post.[30] He reportedly rejected a plea deal in the case.[36]

The misdemeanor charge of offering to buy fetal tissue was dismissed on June 13, 2016, because of a defect in the indictment. The felony charge regarding the alleged use of a false driver license was pending in another court in Harris County.[37] On July 26, 2016, Texas District Judge Brock Thomas dismissed the felony charges at the request of Harris County District Attorney Devon Anderson.[21][38]

Criminal charges in California[edit]

On March 28, 2017, California Attorney General Xavier Becerra filed 15 felony charges against Daleiden, alleging that he and associate Sandra Susan Merritt were guilty of conspiring to pose as BioMax employees in order to intentionally record confidential communications between themselves and Planned Parenthood employees in Century City (Los Angeles), Pasadena (Los Angeles), El Dorado (El Dorado), and San Francisco.[39][40] On June 21, 2017, Superior Court Judge Christopher Hite dismissed fourteen of the charges, with leave to amend, on the grounds that they were legally insufficient because they did not include details such as the names of the alleged victims and the locations and dates of the videoed events.[41] "Leave to amend" means that the prosecutors were allowed the option to re-file the charges with more details; the prosecutors did so some time during the week of July 3rd, and all fifteen felony charges against Daleiden and Merritt are active again.[42][43]

On June 30, 2017, state prosecutors refiled the 14 dismissed charges with numerical identifications for each video.[44][45] On August 24, 2017, the San Francisco Superior Court rejected new defense motions to dismiss the charges and allowed the case to proceed. Daleiden then pleaded not guilty.[45]

Contempt of Court[edit]

As part of the National Abortion Federation's lawsuit against Daleiden and the Center for Medical Progress, Federal Judge William Orrick III and the Ninth Circuit Court of Appeals issued an injunction forbidding Daleiden and CMP from publishing any more videos they had illegally obtained at private professional meetings.[46] However, new videos then appeared on the website of Daleiden's attorney, former Los Angeles County District Attorney, Steve Cooley. Judge Orrick ordered Daleiden and his attorneys, Cooley and Brentford J. Ferreira, to appear at a June 14 hearing to consider contempt sanctions.[47] On July 11, 2017, Judge Orrick found attorneys Cooley and Ferreira in contempt of court, saying, “With respect to the criminal defense counsel, they do not get to decide whether they can violate the preliminary injunction”.[48]

On July 17, Judge Orrick found Daleiden, the Center for Medical Progress and their lawyers, Steve Cooley and Brentford Ferreira, in contempt of court.[49] Judge Orrick ordered Mr. Daleiden to turn over video footage and other materials related to his 2016 preliminary injunction.[50]

On August 31, Judge Orrick found Daleiden and his attorneys, Steve Cooley and Brentford Ferreira, liable for the payment of $195,359 to compensate the National Abortion Federation for legal fees and increased security for “expenses incurred as a result of the violation of my Preliminary Injunction Order”. Judge Orrick wrote that Mr. Daleiden’s attorneys, Cooley and Ferreira, were included in the sanctions intended to ensure “current and future compliance” with his order.[51][52]

References[edit]

  1. ^ "California Birth Index 1905-1995". California Office of Health Information and Research. Retrieved January 30, 2016. 
  2. ^ "Sting Videos Part Of Longtime Campaign Against Planned Parenthood". NPR. July 22, 2015. Retrieved February 3, 2016. 
  3. ^ Jonathan Stempel (July 31, 2015). "Anti-abortion group is sued over video releases". Reuters. 
  4. ^ Thanawala, Sudhin (July 31, 2015). "Judge blocks release of recordings by anti-abortion group". Associated Press. 
  5. ^ a b "With Planned Parenthood Videos, Activist Ignites Abortion Issue". New York Times. July 23, 2015. 
  6. ^ "Gina Daleiden". Retrieved January 26, 2016. 
  7. ^ Vanguard Administrator (September 10, 2015). "Gina Daleiden Named Interim Director of First 5 Yolo". Davis Vanguard. Retrieved January 26, 2016. 
  8. ^ Sandhya Somashekhar (October 14, 2015). "Meet the millennial who infiltrated the guarded world of abortion providers". Washington Post. Retrieved February 3, 2016. 
  9. ^ "Why the Catholic Behind the Planned Parenthood Videos Went Undercover". National Catholic Register. Retrieved February 3, 2016. 
  10. ^ "DHS grad at center of abortion controversy". Davis Enterprise. Retrieved February 3, 2016. 
  11. ^ "Sacramento News & Review - David Daleiden's homegrown anti-abortion scandal - Feature Story - Local Stories - November 12, 2015". News & Review. Retrieved February 3, 2016. 
  12. ^ "Creator of covert Planned Parenthood videos in the spotlight". Associated Press Big Story. Retrieved February 3, 2016. 
  13. ^ Rhodan, Maya (July 14, 2015). "Republican Presidential Contenders Slam Planned Parenthood Over Video". Time. Retrieved July 21, 2015. 
  14. ^ Basu, Tanya (July 21, 2015). "Activists Release Second Video Slamming Planned Parenthood Fetal Tissue Donations". Time. Retrieved July 21, 2015. 
  15. ^ a b "Who Is the 26-Year-Old Man Behind the Planned Parenthood 'Sting' Videos?". Yahoo Health. July 22, 2015. 
  16. ^ "Maker of Planned Parenthood Video Called Abortion 'Genocide'". The Daily Beast. July 15, 2015. 
  17. ^ a b "Planned Parenthood says video part of decadelong harassment". July 20, 2015. 
  18. ^ "Planned Parenthood: More Sting Videos Are Coming". Huffington Post. The CMP was founded by David Daleiden, an anti-abortion activist who previously worked for the group Live Action, known for its heavily edited undercover videos of Planned Parenthood staffers. 
  19. ^ "Group Behind Planned Parenthood Sting Video May Have Tricked IRS, Donors". The Huffington Post. July 17, 2015. Retrieved 28 November 2016. 
  20. ^ Bassett, Laura (July 20, 2015). "Planned Parenthood: More Sting Videos Are Coming". Huffington Post. 
  21. ^ a b Charges dismissed in indictments over Planned Parenthood sting videos, The Guardian, Molly Redden, July 26, 2016. Retrieved 28 November 2016.
  22. ^ http://www1.cbn.com/cbnnews/us/2017/november/planned-parenthood-hired-fusion-gps-to-take-down-pro-life-group-center-for-medical-progress
  23. ^ https://canadafreepress.com/article/planned-parenthood-hired-fusion-gps-to-create-fake-report
  24. ^ "Lawmakers Knew About Planned Parenthood Video Weeks Ago (Video)". Rollcall.com. July 16, 2015. 
  25. ^ "Coincidence ... or Is It? Planned Parenthood 'Sting' Video Isn't First to Derail Legislation". Yahoo Health. July 17, 2015. 
  26. ^ "State Probes Find Zero Planned Parenthood Violations As Antiabortion Group Is Sued Over Undercover Videos". Yahoo News. Retrieved August 4, 2015. 
  27. ^ "Washington Journal: David Daleiden on Planned Parenthood". C-SPAN.org. Retrieved 2016-01-29. 
  28. ^ "Washington Journal: Donna Crane on Supreme Court Abortion Case". C-SPAN.org. Retrieved 2016-01-29. 
  29. ^ The Harris County, Texas grand jury charged Daleiden with making, presenting and using a California driver's license "with the intent to defraud and harm another [ . . . ]". The photocopy attached to the indictment appears to show a California driver's license in the name of "Robert David Sarkis." Indictment, Jan. 25, 2016, The State of Texas v. David Robert Daleiden, case no. 1496318, 338th District Court, Harris County, Texas.
  30. ^ a b Danielle Paquette (January 26, 2016). "The charges against anti-Planned Parenthood filmmaker, explained". Washington Post. Retrieved January 26, 2016. 
  31. ^ "Grand Jury Won't Take Action Against Planned Parenthood Gulf Coast". Channel 13 Eyewitness News. Channel 13 News Houston. Retrieved January 25, 2016. 
  32. ^ Fernandez, Manny (January 25, 2016). "2 Abortion Foes Behind Planned Parenthood Videos Are Indicted". The New York Times. 
  33. ^ Sandhya Somashekhar (February 4, 2016). "Activist behind anti-Planned Parenthood videos turns himself in". Washington Post. Retrieved February 4, 2016. 
  34. ^ Ruthy Munoz (February 4, 2016). "Indicted anti-abortion activist behind videos appears in Texas court". Reuters. Retrieved February 4, 2016. 
  35. ^ "The Latest: Anti-abortion activist surrenders in Texas". Associated Press. February 4, 2016. Retrieved February 4, 2016 – via Miami Herald. 
  36. ^ "2 behind Planned Parenthood videos rejecting plea deals". Associated Press. 29 April 2016. 
  37. ^ Bradford Richardson, "Misdemeanor charge dropped against David Daleiden in undercover Planned Parenthood sting," June 14, 2016, The Washington Times, at [1].
  38. ^ Last charge dropped against anti-abortion duo behind Planned Parenthood videos,” July 26, 2016; Fox News, at [2]
  39. ^ | Two antiabortion activists behind undercover Planned Parenthood videos charged with 15 felonies - Los Angeles Times - Matt Hamilton - March 28, 2017
  40. ^ "See the 15 felony charges California filed against antiabortion activist David Daleiden". Sacramento Bee. 29 March 2017. 
  41. ^ Egelko, Bob (21 June 2017). "SF judge deals setback to prosecutors in abortion sting videos". San Francisco Chronicle. Retrieved 22 June 2017. 
  42. ^ http://m.sfgate.com/bayarea/article/California-files-more-charges-against-11271723.php#photo-13200872
  43. ^ https://www.theblaze.com/news/2017/07/10/california-refiles-charges-against-pro-life-filmmakers/
  44. ^ Egelko, Bob (July 7, 2017). "California files more charges against antiabortion activists". SfGate. Retrieved October 10, 2017. 
  45. ^ a b News, Bay City (August 24, 2017). "SF court ruling allows felony charges to proceed against anti-abortion activists". Daily Herald. Retrieved October 10, 2017. 
  46. ^ Anti-abortion group is sued over video releases - Reuters - July 31, 2015
  47. ^ Judge to consider contempt against antiabortion group leader after release of Planned Parenthood videos - L.A. Times - May 25, 2017
  48. ^ Thanawala, Sudhin (July 11, 2017). "Judge: Anti-abortion leader's attorneys violated court order". Daily Herald. Associated Press. Retrieved October 10, 2017. 
  49. ^ Antiabortion activist, lawyers held in contempt over secret videos - SF Gate - Bob Egelko - July 17, 2017
  50. ^ Pro-life investigator Daleiden held in contempt of court for posting undercover abortion videos - Washington Times - July 17, 2017
  51. ^ Federal Judge Sanctions Two California Lawyers in Abortion Videos Case, The National Law Journal, Cheryl Miller, September 1, 2017. Retrieved September 4, 2017.
  52. ^ | David Daleiden, attorneys fined $200,000 over undercover Planned Parenthood videos - Washington Times - Valerie Richardson - August 31, 2017

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