News Violence

Arson Suspect Arrested in Connection With California Planned Parenthood Fire

Nicole Knight

Alvaro Perez, 24, is suspected of starting the blaze shortly before midnight on September 30, 2015, by throwing an incendiary device through a window of the heath-care facility, authorities said.

California authorities arrested an Oxnard man Tuesday in connection with a suspected arson attack that caused significant damage to a Southern California Planned Parenthood in September.

Alvaro Perez, 24, is suspected of starting the blaze shortly before midnight on September 30, 2015, by throwing an incendiary device through a window of the heath-care facility, authorities said.

Jenna Tosh, president and CEO of Planned Parenthood of Santa Barbara, Ventura, and San Luis Obispo counties, told NBC4 that vandals had targeted the facility in August. Ventura County investigators in a statement pinned the cause of the September attack on a domestic dispute, not anti-abortion extremism.

They said authorities from the Federal Bureau of Investigation, the U.S. Marshals Service, and the U.S. Department of Homeland Security were involved in the investigation.

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Abortion clinics have experienced several attacks in the last few months following the release of a series of smear videos by the Center for Medical Progress, an anti-choice front group. The videos were edited to make it appear Planned Parenthood sells fetal tissue, which it does not. State and federal investigations have turned up no wrongdoing on the part of the health-care organization.

A Planned Parenthood health center in Pullman, Washington was set ablaze in September. Kentucky’s last full-time abortion clinic was vandalized twice in November. That same month, Robert Lewis Dear Jr. was arrested after allegedly killing three people in a deadly Planned Parenthood attack in Colorado.

The National Abortion Federation, which tracks clinic violence, has recorded nearly 7,000 acts of violence against clinics since the late 1970s, including 1,507 acts of vandalism.

The Ventura County facility, which provides birth control, cancer screenings, sexually transmitted infection tests, abortion care, and other services, sustained significant water damage throughout the first floor from the overhead fire sprinkler system.

Perez was already in custody on charges of battery, vandalism, violation of a domestic restraining order, domestic spousal battery, and possession of a firearm, the Ventura County Sheriff’s Office said in a news release. Bail for the arson arrest has been set at $50,000.

Charges have not yet been filed against Perez. Felony arson carries a sentence of up to three years in state prison. Aggravated arson is punishable by ten years to life in state prison.

Roundups Law and Policy

Gavel Drop: Admitted Colorado Planned Parenthood Shooter in Court Again

Jessica Mason Pieklo & Imani Gandy

Robert Lewis Dear Jr. faces more than 100 criminal charges related to the November siege of a Colorado Springs Planned Parenthood, which left three dead. Now his attorneys are asking the court to ban Dear from contacting the media.

Welcome to Gavel Drop, our roundup of legal news, headlines, and head-shaking moments in the courts.

Attorneys for the admitted Colorado Springs Planned Parenthood shooter Robert Lewis Dear Jr. have asked the court to order their client to stop talking to the media. Dear, who was arrested after a November rampage left three dead, is awaiting another court-ordered competency hearing to determine if and when he will stand trial for the 179 counts he faces. That hearing is currently scheduled for August 11.

The California criminal justice system is in shambles, and nobody seems to know what to do about it, not even the California Supreme Court.

Scott Lemieux has this really smart piece on how we may be closer than we think to eliminating the death penalty once and for all.

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The State of Texas has launched more than 40 lawsuits against the Obama administration. Here’s how they all stack up in terms of cost and success.

Nope. The birth control benefit lawsuits are never going to end.

Michael Hiltzik of the Los Angeles Times writes that Republican Missouri state Rep. Paul Wieland’s lawsuit challenging the birth control benefit is more about family control than strictly religious beliefs.

Wisconsin is the latest state to see provisions of its voter ID law fall.

Meanwhile, attorneys for the State of Virginia say they will appeal a ruling blocking an order restoring voting rights to thousands of people convicted of felonies.

Attorneys for the State of Kentucky really want to close down a Louisville Planned Parenthood, despite no evidence of wrongdoing at the reproductive health-care center.

In Ohio, the state appellate court ruled that regulations mandating abortion clinics to enter into transfer agreements with hospitals within 30 miles are unconstitutional.

Cornell Law School Professor Sherry F. Colb explains why “Mike Pence’s abortion law” in Indianawhich, among other restrictions, prohibits pregnancy terminations based upon the fetus’ Down syndrome status—is a violation of women’s bodily integrity.

Analysis Law and Policy

After a Year, What Has the Smear Campaign Against Planned Parenthood Accomplished?

Jessica Mason Pieklo & Imani Gandy

One year after David Daleiden and the Center for Medical Progress released the first of a series of videos targeting Planned Parenthood, there is still no evidence of wrongdoing by the reproductive health-care provider.

See more of our coverage on the anti-choice front group, the Center for Medical Progress here.

One year ago, David Daleiden released the first in a series of videos that he claimed proved Planned Parenthood employees were unlawfully profiting from fetal tissue donation and violating the federal “partial-birth abortion” ban. With the backing and counsel of Operation Rescue President Troy Newman and the help of a woman named Sandra Merritt, among others, Daleiden had created a front group called the Center for Medical Progress (CMP).

He then disguised CMP as a legitimate biomedical research organization—despite overwhelming evidence, including CMP’s own corporate documents, to the contrary—and used it to gain access to abortion clinics and private meetings. The organization released 11 videos by the end of 2015; in a year’s time, Daleiden and CMP had released a total of 14 videos. All have been debunked as deceptively edited and misleading.

So what have those videos truly accomplished? Here’s a summary of the fallout, one year later.

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Lawmakers Mounted Attacks on Planned Parenthood

In response to CMP’s videos, more than a dozen conservative governors launched investigations into or tried to defund Planned Parenthood affiliates in their states. States like Arkansas, Kansas, and Utah had their attempts to defund the reproductive health-care centers blocked by federal court order. The Obama administration also warned states that continuing to try and strip Medicaid funding to Planned Parenthood centers violated federal law, though that did not stop such efforts throughout the country.

Additionally, congressional Republicans began their own investigations and defunding efforts, holding at least five separate hearings and as many defunding votes. Planned Parenthood Federation of America (PPFA) President Cecile Richards provided hours of congressional testimony on the lawful fetal tissue donation option available to some Planned Parenthood patients. Other affiliates do not offer such donation programs at all.

Not a single investigation at either the state or federal level has produced evidence of any wrongdoing. Still, many continue today. To date, Congress alone has spent almost $790,000 on the matter.

Violence Against Clinics Escalated

Just weeks after CMP released its first video, there was an act of arson at a Planned Parenthood health center in Aurora, Illinois. The following month, and after the release of three more smear videos, a car fire broke out behind a locked gate at Planned Parenthood in New Orleans. Abortion clinic staff and doctors around the country reported a significant uptick in threats of violence as Daleiden and CMP released the videos in a slow drip.

That violence spiked in November 2015, when Robert Lewis Dear Jr. was arrested for opening fire at a Colorado Springs Planned Parenthood, a siege that left three dead. Dear told investigating officers his violence was “for the babies” because Planned Parenthood was “selling baby parts.” A Colorado court has so far deemed Dear incompetent to stand trial. Dear’s siege was not the last incident of clinic violence apparently inspired by Daleiden and CMP, but it has, to date, been the most lethal.

Dear’s next competency hearing is currently scheduled for Aug. 11.

A Lot of Lawsuits Got Filed

The tissue procurement company StemExpress and the National Abortion Federation (NAF) filed suits in July of last year. In January 2016, Planned Parenthood did the same, alleging that Daleiden and CMP had engaged in conspiracy and racketeering, among other things.

StemExpress Sued Daleiden and CMP

StemExpress, one company to whom Planned Parenthood was supposedly selling tissue, sued CMP, Daleiden, and Merritt in California state court. StemExpress asked the court for an injunction blocking CMP from releasing any more videos that were surreptitiously recorded at meetings the pair of anti-choice activists had with StemExpress staff. The complaint also included allegations of conspiracy, invasion of privacy, and conversion of property (based upon Daleiden’s taking confidential information from a former StemExpress employee, including accessing her StemExpress email account after she was no longer employed at the company).

Although it issued a temporary restraining order (TRO), the court ultimately declined to convert that into an injunction, citing First Amendment concerns that to do so would constitute prior restraint, or pre-publication censorship, on Daleiden and Merritt’s right to free speech. In other words, Daleiden and Merritt are free—at least under this court order—to continue releasing videos involving StemExpress employees while the suit proceeds.

The case is set for trial in January 2017.

National Abortion Federation Sued Daleiden and CMP

About the same time that CMP and Daleiden were battling StemExpress in court, NAF filed suit in federal court in San Francisco, alleging civil conspiracy, racketeering, fraud, and breach of contract, among other claims. Like StemExpress, NAF sought a temporary restraining order blocking any further release of the attack videos. Judge William Orrick issued the TRO and later, after a protracted discovery battle, converted it into a preliminary injunction. Thus, CMP is prohibited from publishing any videos of footage taken at NAF’s annual meetings, which Daleiden and Merritt infiltrated in 2014 and 2015, while the suit proceeds.

As they had in their battle with StemExpress, Daleiden and CMP claimed that prohibiting publication of the videos constituted a prior restraint on speech, in violation of the First Amendment. But unlike StemExpress, which was trying to prohibit the publication of videos detailing conversations that took place in a restaurant, NAF sought to prohibit publication of video footage secretly recorded at meetings. Judge Orrick found that Daleiden had waived his First Amendment rights when he signed a confidentiality agreement at those meetings promising not to disclose any information he gained at them.

And, as in other court battles, one of the preeminent claims Daleiden and his cohorts raised to excuse his tactics—creating a fake tissue procurement company, assuming false identities through the use of false identification cards, getting people drunk in order to elicit damaging statements from them, and signing confidentiality agreements with no intention of following them—was that Daleiden is an investigative journalist.

Judge Orrick condemned this argument in strong terms: “Defendants engaged in repeated instances of fraud, including the manufacture of fake documents, the creation and registration with the state of California of a fake company, and repeated false statements to a numerous NAF representatives and NAF members in order to infiltrate NAF and implement their Human Capital Project. The products of that Project—achieved in large part from the infiltration—thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions (at least with respect to the NAF materials) of criminal misconduct. Defendants did not—as Daleiden repeatedly asserts—use widely accepted investigatory journalism techniques.”

In an amicus brief in the same lawsuit, submitted to the Ninth Circuit Court of Appeals in early June, 18 of the country’s leading journalists and journalism scholars noted that “by calling himself an ‘investigative journalist,’ Appellant David Daleiden does not make it so.”

“We believe that accepting Mr. Daleiden’s claim that he merely engaged in ‘standard undercover journalism techniques’ would be both wrong and damaging to the vital role that journalism serves in our society,” the journalists and scholars continued.

Daleiden and CMP have appealed the preliminary injunction order to the Ninth Circuit Court of Appeals, where the case currently sits pending a decision.

Planned Parenthood Sued Daleiden and CMP

Six months after StemExpress and NAF filed their lawsuits against the orchestrators of the smear campaign, PPFA filed a whopping one of its own in California federal court, alleging civil conspiracy, racketeering, fraud, trespass, and breach of contract, among other civil and criminal allegations. PPFA was joined by several affiliates—including Planned Parenthood of the Rocky Mountains, where Dear was arrested for opening fire in November.

Daleiden has asked the court to dismiss Planned Parenthood’s claims. The court has so far declined to do so.

David Daleiden and Sandra Merritt Were Indicted on Felony Charges

Daleiden and his allies have not fared well in the civil lawsuits filed against them. But both Daleiden and Merritt also have pending criminal cases. After an investigation into Planned Parenthood Gulf Coast sparked by Daleiden’s claims, a Texas grand jury declined to indict the health-care organization for any criminal conduct. The grand jury instead returned an indictment against Daleiden and Merritt on a felony charge of tampering with a governmental record, related to their use of false California driver’s licenses in order to gain entrance into the clinic. Daleiden was additionally charged with a misdemeanor count related to the purchase or sale of human organs.

In June, Harris County Criminal Court at Law Judge Diane Bull dismissed the misdemeanor charge. Daleiden and Merritt’s attorneys, who called the dismissal a victory for the anti-choice movement, are still trying to get the felony charged dismissed.

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