News Violence

Report: Alleged Clinic Shooter Says He’s Been Declared Incompetent to Stand Trial

Jason Salzman

Robert Lewis Dear Jr. told a Colorado Springs TV station Wednesday that a court-ordered psychiatric evaluation states that he is not able to understand court proceedings.

The man who was arrested after a deadly shooting spree last year at a Planned Parenthood clinic in Colorado Springs said Wednesday during a call to a TV station that he’s been declared incompetent to stand trial.

Robert Lewis Dear Jr. said he told his lawyers that he does not agree with the findings of the psychiatric evaluation and wants the trial to proceed, according to KKTV in Colorado Springs.

Officials involved in the investigation of the clinic shooting have said they can’t comment on the case, citing a gag order on law enforcement and attorneys issued in December.

“I’m for a speedy trial,” KKTV quoted Dear as saying. “This will help the victims’ families. Everybody deserves to have information about what’s going on and what caused these tragic events … but they don’t want that to come out because it might embarrass the feds and Obama.”

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A judge ordered the mental health evaluation after Dear repeatedly disrupted court proceedings in December, saying, “Kill the babies; that’s what Planned Parenthood does.”

He later called a reporter from jail to say he believed the FBI had tracked him for 22 years, and that he wanted to make his “last stand” at a Planned Parenthood facility because “it’s murdering little babies.”

After the first psychiatric evaluation is presented, the prosecution or the defense can request that Dear undergo a second state-administered mental health evaluation, intended to determine if he can understand the court proceedings.

Fourth Judicial District Chief Judge Gilbert Martinez will eventually rule on whether Dear is competent to stand trial.

“My lawyer just came to the jail and said, ‘Look, it says there on that page, Dr. Gray from Pueblo says that he’s incompetent to stand trial,'” Dear reportedly told KKTV Wednesday.

Pro-choice activists have stated repeatedly since the November 27 shooting that extreme anti-choice rhetoric has the power to push people to violence, and did so in this case. Colorado Gov. John Hickenlooper (D) issued a similar warning and suggested toning down the rhetoric around abortion rights.

Dear, whose next court hearing is scheduled for March 23, remains in El Paso County Jail facing 179 counts, including murder.

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.

News Politics

U.S. Senate Candidate’s Abortion Stance Sets Him Apart From Fellow GOP Opponents in Colorado

Jason Salzman

Former Colorado State University athletics director Jack Graham is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.

In Colorado, where Republicans like Sen. Cory Gardner (R-CO) in 2014 and GOP senatorial candidate Ken Buck in 2010 are known for taking hard-line anti-abortion stances during the Republican primary and then moderating their positions for the consumption of general-election voters, a GOP senatorial candidate this year is turning heads. The candidate, former Colorado State University athletics director Jack Graham, is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.

Graham repeatedly states in speeches, as he does on his website, that the “government’s role in our lives should be kept to a minimum.” In keeping with this, he adds, “I support and I believe in a woman’s right to choose; and that our government does not belong in this decision.”

“I feel deeply about the right to choose, just as I do about the sanctity of life,” Graham told the Pueblo Chieftain in April.

Graham supports Roe v. Wade and praises Planned Parenthood’s ability to respond in “real time” when sexual health crises arise, like the AIDS epidemic, which he witnessed in the 1980s.

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As for details on the meaning of his abortion stance, Graham’s website states that “the government should not participate in any way in the funding of abortion procedures or abortion counseling,” and it also states that continued funding for Planned Parenthood “should be predicated upon their complete discontinuation of abortion activities.” He’s also opposed to “late-term” and “partial-birth” abortions.

Still, Graham’s position, particularly his use of pro-choice language, like “a women’s right to choose,” to describe his stance, sets him apart from his four GOP primary opponents, even making headlines like this one in the Pueblo Chieftain: “GOP Senate hopeful is pro-choice.”

The other four GOP primary candidates are anti-choice in varying degrees. Darryl Glenn, an El Paso County Commissioner who was voted onto the primary ballot by Republicans at their state convention, supports so-called personhood, according to Colorado Right to Life, meaning he believes life begins at conception, and fertilized human eggs (zygotes) should be given legal rights.

“I am an unapologetic pro-life American,” Glenn said during a recent televised debate. “I don’t agree with the decision of Roe v. Wade.”

Businessmen Robert Blaha and Ryan Frazier and former state Rep. Jon Kyser (R-Jefferson County) all say they are “pro-life.”

The question is, will Graham’s abortion stance affect his chances of victory in Tuesday’s GOP primary?

“From a purely political strategy standpoint, I’m inclined to think it will help him,” said John Sraayer, professor of political science at Colorado State University in Fort Collins, in an interview with Rewire. “He doesn’t need all the Republican voters in the primary, he just needs to get more than the other candidates.”

Straayer said Graham’s position will hurt him with more Republican primary voters than not, but in a low-turnout primary election, with votes divided among five candidates, Graham could benefit from “standing out” on reproductive rights.

“The people on the pro-life side have four choices,” Straayer told Rewire. “They can only pick one, so the pro-life vote will be fragmented.”

Straayer pointed out that Graham’s campaign benefits from being run by political consultant Dick Wadhams, a former Colorado state party chairman, who managed South Dakota Sen. John Thune’s upset victory of Democrat Tom Daschle in 2005.

Graham, who became a Republican about a year ago, did not return a call from Rewire seeking comment.

No public polling on Graham’s primary race is available, but the latest campaign finance report shows that Graham is in the lead. He has given his campaign $1.5 million and has more cash on hand than any of his opponents, with over $800,000 in the bank, as the Colorado Statesman reported. Graham’s closest GOP opponent, Blaha, has over $270,000 in cash, after loaning his campaign $1 million earlier this year.

Democratic Sen. Michael Bennet has $5.7 million in the bank, seven times as much as Graham.

In 2014, Sen. Gardner defeated pro-choice Democratic Sen. Mark Udall, in part, by claiming legislation he co-sponsored to outlaw abortion was merely symbolic, when in fact, it was not.