Power

Anti-Choice Operative David Daleiden’s Attorneys Want Texas Indictment Dropped

In a pair of motions filed Thursday, attorneys for the anti-choice operative accuse prosecutors of improperly manipulating the grand jury process to secure an indictment against Daleiden.

A Harris County, Texas, grand jury indicted Daleiden in January on a felony count of tampering with a government record and a misdemeanor count for “unlawfully, intentionally and knowingly” offering to buy fetal tissue. Center for Medical Progress / YouTube

Attorneys representing anti-choice operative David Daleiden want the grand jury indictments against him tossed, arguing that prosecutors colluded with Planned Parenthood officials.

A Harris County, Texas, grand jury indicted Daleiden in January on a felony count of tampering with a government record and a misdemeanor count for “unlawfully, intentionally and knowingly” offering to buy fetal tissue in connection with his attempts to smear Planned Parenthood.

In a pair of motions filed with the Harris County District Court on Thursday, Daleiden’s attorneys argue the charges against their client should be dropped and the case dismissed because they are the result of improper actions by Harris County prosecutors. Daleiden and his supporters claim the prosecutors are politically motivated to prosecute Daleiden and were pressured by attorneys from Planned Parenthood and the National Abortion Foundation, who “explicitly pushed prosecutors” to hand down charges against him.

After Daleiden and his front organization, the Center for Medical Progress (CMP), released a series of heavily edited videos they claimed showed Planned Parenthood unlawfully selling fetal tissue, Texas Lieutenant Governor Dan Patrick formally called for Harris County prosecutors to investigate Planned Parenthood Gulf Coast for potential criminal wrongdoing. Prosecutors presented the results of that investigation to a grand jury in September. That grand jury declined to issue any indictments against the reproductive health-care provider, instead indicting Daleiden and his alleged co-conspirator Sandra Merritt.

Prosecutors in February offered both Daleiden and Merritt pre-trial diversion, which would have placed the two under supervised probation for a time and, presuming they did not get in any more criminal trouble, would result in their charges being dismissed. Both Daleiden and Merritt declined the plea deal.

Daleiden’s legal troubles are not confined to Texas. California law enforcement officers searched Daleiden’s home earlier this month, seizing laptops and materials related to the production of CMP’s videos and possible violations of California law.

Daleiden and CMP also face allegations in a civil lawsuit that the organization is a criminal enterprise engaged in fraud in violation of federal racketeering law.