Tuesday, March 19, AD 2024 6:46am

The Truth Always Gets Out

 

 

The ridiculous and clearly politically motivated criminal charges brought by the Democrat Attorney General of California against David Daleiden and Sandra Merritt are coming apart at the seams:

 

In a huge victory, a California court today dismissed almost all of the criminal charges abortion activists filed against the pro-life advocates who recorded undercover videos exposing Planned Parenthood selling the body parts from aborted babies.

 

California Attorney General Xavier Becerra filed 15 felony charges against both David Daleiden and Sandra Merritt. Becerra is a longtime abortion advocate with financial connections to the Planned Parenthood abortion company that the two pro-life Advocates exposed in the videos for selling body parts such as fetal brains and livers.

At the time, pro-life advocates said Becerra’s 15 felony charges were bogus charges meant to belittle the expose’ campaign and to cast aspersions on Daleiden and the organization behind the videos. They said the attempt was about drawing attention away from Planned Parenthood’s sales of aborted baby parts.

The San Francisco Superior Court on Wednesday dismissed 14 of 15 criminal counts but the pair are still charged with one count of conspiracy to invade privacy. However the court dismissed the charges with leave to amend — meaning Becerra could re-file the charges with additional supposed evidence against the pair.

The court ruled that counts 1-14 were legally insufficient. The state has the opportunity to amend if it can plead a more legally sufficient and specific complaint. The California’s Attorney General filed 15 criminal counts against Merritt, with counts 1-14 for each of the alleged interviews and count 15 for an alleged conspiracy. San Francisco County Superior Court Judge Christopher Hite gave the state attorney general’s office until mid-July to file a revised complaint.

In a statement to LifeNews, pro-life attorney Mat Svaer of LibertyCounsel, representing Merritt, said, “This is a huge victory to have 14 criminal counts dismissed.”

“We will now turn our attention to dismissing the final count. Sandra Merritt did nothing wrong. The complaint by the California Attorney General is unprecedented and frankly will threaten every journalist who provides valuable information to the public. This final count will also fall,” said Staver.

Go here to read the rest.  Anyone seeking to tell the truth about Planned Parenthood Worse Than Murder, Inc and the other blood money ghouls of the abortion industry will be a target of the Democrat Party that now stands for little else than abortion uber alles, but the truth always gets out in the last reel.

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Don L
Don L
Friday, June 23, AD 2017 4:49am

Seems that the “could re-file these charges” are being held as a “hush up now” threat?

Mary De Voe
Friday, June 23, AD 2017 7:37am

When a victim of murder is hidden in a closet. The victim’s rights are still intact and the closet may be searched without a warrant because of the victim’s rights. Hiding crimes is obstruction of Justice.
This video ought to be disturbing. Crime is disturbing.

Rob Maloney
Rob Maloney
Friday, June 23, AD 2017 7:49am

Will state have to pay the accused court costs? Am not a lawyer.

Tom McKenna
Friday, June 23, AD 2017 8:21am

No, the state doesn’t pay the defense lawyer unless the accused is indigent. I think Liberty Counsel is probably representing this guy pro bono. Kudos on the dismissals; hopefully the California AG gets the message and backs down.

Clinton
Clinton
Friday, June 23, AD 2017 9:22am

Kamala Harris, the new Senator from California, was California Attorney
General while these 15 charges were drawn up. Just during the time her
office was doing its investigation, her Senate campaign accepted roughly
$40K in contributions from Planned Parenthood and its affiliates.

When Harris moved up the political food chain from Sacramento to DC,
Becerra was appointed to fill her office and subsequently filed the charges
she’d prepared. During that short interval, he too received almost $8K in
contributions from PP and NARAL.

It is disturbing that an Attorney General can receive money from entities
involved in an investigation currently being handled by their office.
Harris and Becerra don’t seem too concerned over any appearance of
impropriety, however. I assume there is some sort of legal nicety to
be observed that magically transforms that behavior from an ethics
violation and conflict of interest into just another day at the office…

TomD
TomD
Friday, June 23, AD 2017 10:13am

“It does mean that the charges were sloppily drafted and that the State might not be able to cure the legal defects to successfully charge the crime.”
Unless, of course, the process is meant to be the punishment.

TomD
TomD
Friday, June 23, AD 2017 10:24am

Don, is it really possible to be charged with conspiracy when no one else can be?

Anzlyne
Anzlyne
Friday, June 23, AD 2017 11:20am

I am not a lawyer either but it does seem that if the State is behind these thin air charges the State should bear some responsibility for frivolity

Dale Price
Dale Price
Friday, June 23, AD 2017 12:30pm

Unfortunately, the process is the punishment.

Art Deco
Friday, June 23, AD 2017 12:54pm

It is disturbing that an Attorney General can receive money from entities
involved in an investigation currently being handled by their office.

Yes it is disturbing. The thing is, it’s a reasonable wager Harris and Bacerra would have done what they did had they received not one thin dime from PP. The culture of the law schools, of the legal profession generally, and of the professional-managerial class generally is godawful. The exceptions are commonly people who have discrete affiliations which mark them as distinct within that stratum. (E.g. small town residence or belonging to an evangelical congregation).

Clinton
Clinton
Friday, June 23, AD 2017 1:51pm

Planned Parenthood’s own legal counsel worked with Kamala Harris’
AG office to craft the legislation used to charge Daleiden and Merritt.
Harris declined to investigate, let alone prosecute PP for its actions
revealed in the videos, and instead her office turned PP’s legal team
into a branch of the California DOJ, writing laws designed to target
Daleiden and Merritt and any other pro-lifers who might try something
similar against PP in the future.

https://www.liveaction.org/news/planned-parenthood-wrote-portion-
california-law-designed-target-pro-life-journalists/.

So we appear to have a politician declining to investigate apparent
illegal activity documented on video, opting instead to work with
that party to craft legislation designed to criminalize the investigator’s
actions, all while the politician is accepting substantial campaign
contributions from the party whose illegal activity was captured
on video. And now that politician is a US Senator, touted as a
likely candidate for president in 2020. And no major news outlet
seems to care.

G.S.
G.S.
Friday, June 23, AD 2017 11:12pm

When are they going to go after Planned “un”Parenthood and shut down the death dealers and put all of the evil doers in prison!?! Sadly, there are evil, greedy people out there who don’t even blink about killing babies and selling their body parts for material possessions such as expensive cars and houses. Also, there are others benefiting financially from evil PP. The people working at, for, or with PP should always have to hear the “tell-tale” hearts of all of those babies, at least, unless or until they repent of their evil. Anyway, no matter what, God sees all and God is not mocked!

Art Deco
Saturday, June 24, AD 2017 5:02am

So we appear to have a politician declining to investigate apparent
illegal activity documented on video, opting instead to work with
that party to craft legislation designed to criminalize the investigator’s
actions, all while the politician is accepting substantial campaign
contributions from the party whose illegal activity was captured
on video.

Again, the contributions are chump change in a constituency the size of California. The corruption here is not in the pecuniary realm, but derived from the culture of the bar, the culture of the Democratic Party, and the culture of Kamala Harris circle of friends. Of course this woman should never be in a position of public trust. That’s likely true of about 90% of the people around her. We live in a decadent age.

Michael Paterson-Seymour
Michael Paterson-Seymour
Saturday, June 24, AD 2017 6:14am

Donald R McClarey wrote, “Judges normally do not dismiss charges with prejudice unless it would be clearly impossible for the legal defects to be cured.”

The usual interlocutor is, “FIND the libel irrelevant to infer the pains of law; desert the diet simpliciter and dismiss the panel from the bar.”

However, as the party has not tholed an assize, the prosecutor may serve a fresh libel, so long as the time limit for prosecuting (110 days from arrest, if the accused is in custody; a year, if he is not) has not expired.

Michael Paterson-Seymour
Michael Paterson-Seymour
Saturday, June 24, AD 2017 7:31am

TomD asked Don, “is it really possible to be charged with conspiracy when no one else can be?”

Obviously, a person cannot conspire with himself. “Cospiracy” comes from the Latin “conspirare” – to whisper together.

However, an individual may be charged with conspiring with “other ill-disposed persons to the prosecutor unknown” and the allegation that A and B and others to the prosecutor unknown are “all and each or one or more of you, to the number of two together” guilty of conspiracy is relevant.

This commonly happens, for example, when a person is charged with conspiring to import controlled substances (such as drugs) into Scotland and the names of his overseas suppliers and confederates are unknown to the authorities, the evidence consisting of the receipt here of packages sent from abroad. The dispatch and receipt are libelled as being done in furtherance of the conspiracy, as drug dealers tend not to send their wares to strangers on approval, or as unsolicited samples.

TomD
TomD
Saturday, June 24, AD 2017 8:35am

“However, an individual may be charged with conspiring with ‘other ill-disposed persons to the prosecutor unknown'”
Yes, I am sure that is the case, which is why I phrased my question “when no one else can be?” There must be some rational idea behind ‘other ill-disposed persons to the prosecutor unknown’ and not just paranoia.

Mary De Voe
Saturday, June 24, AD 2017 6:04pm

“It is disturbing that an Attorney General can receive money from entities
involved in an investigation currently being handled by their office.”
Sounds like bribery

Clinton
Clinton
Sunday, June 25, AD 2017 12:35am

Mary De Voe– precisely. As I mentioned earlier, I’m sure there’s
some sort of legal nicety one has to observe to dodge possible
charges of bribery, but the behavior of both Harris and Becerra,
accepting any funds from PP while their office was handling
the case shows an indifference to even maintaining the appearance
of objectivity and probity.

Couple that with the brazen way PP lawyers worked with the AG’s
office to craft a law designed to target Daleiden and Merritt, and you
have a state DOJ that is not only corrupt, but using its authority
to bring the might of that state to bear against those whom PP
would have them target. The California AG’s office is not merely
corrupt, it’s become tyrannical.

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