‘The first undercover journalists to be criminally prosecuted’ in state history

It’s been several years already since the journalists at the Center for Medical Progress went undercover and caught abortion executives discussing their profits from the sales of the body parts of unborn infants.

One executive famously talked about higher prices because “I want a Lamborghini.”

The abortion cartel’s response was expected. They denied any wrongdoing and sued those filmmakers, obtaining a huge judgment for alleged privacy violations, a decision that is on appeal, after a Planned Parenthood-linked judge issue critical rulings in favor of the abortion industry.

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But that is not even the end of the case. Still pending is a criminal case against the journalists launched by then-California Attorney General Xavier Becerra, a radical pro-abortion advocate who now is in Joe Biden’s administration.

Sandra Merritt, being defended by Liberty Counsel, as well as David Daleiden, is charged with crimes under California’s Penal Code section 632, regarding the recording of confidential communication.

Liberty Counsel said the claims are “unprecedented for citizen journalists,” and they are in fact, “the first undercover journalists to be criminally prosecuted in California’s history.”

“The attorney general of California seeks to prosecute without having to prove specific intent. However, the California Supreme Court previously held in People v. Superior Court of Los Angeles County (1969) that specific intent is an essential element of the crime of recording confidential communication. And in the case of alleged specific intent crimes, defendants have a right to raise a defense of a mistake of law. Thus, the pretrial ruling that bars testimonial evidence of Merritt and Daleiden’s specific intent prejudices them at trial by depriving them of a large part of their defense,” Liberty Counsel noted.

The legal team said this week Judge Christopher Hite of the Superior Court of San Francisco County held a status conference on Liberty Counsel’s request for an evidentiary hearing to further review the biased nature of Becerra’s felony charges.

Another conference is scheduled in November, at which time a jury trial date is expected to be set.

Liberty Counsel explained, “The undercover videos, some of which were recorded at the National Abortion Federation’s (NAF) 2014 and 2015 abortion convention and trade shows, exposed Planned Parenthood’s illegal involvement in harvesting and selling aborted baby body parts to companies such as StemExpress. The recordings capture Planned Parenthood executives haggling over the prices of baby body parts, picking through bloodied arms and legs of aborted babies in a pie tray, and discussing how to alter abortion methods to obtain better body parts for sale.”

Under threats from California’s abortion-advocating state government operations, “a stem cell expert testified that hearts from live aborted babies procured from abortion providers are being used for research studies,” Liberty Counsel explained.

“Dr. Theresa Deisher, an expert in adult stem cell research who obtained her Ph.D. in Molecular and Cellular Physiology from Stanford University School of Medicine, testified about the perfusion technique using the Langendorff method that is meant to be used on animal hearts. Deisher said she must go to great lengths as a cardiovascular researcher to make sure that the mice she studies do not suffer needless pain. In fact, she noted, she would face ethical charges and go to jail if she cut beating hearts out of mice without anesthesia.

“Deisher also testified how horrified she was upon reading various studies involving baby human hearts procured from StemExpress, which the evidence at the hearing showed was sourced from Planned Parenthood. She knew those studies had to be conducted while the hearts were still beating when cut out, without anesthesia, from the aborted babies. She consulted with Daleiden before he and Merritt filmed the undercover videos and told them that the research methods discussed in these studies would have required fetal hearts.”

Among those in the interviews was Mary Gatter, formerly a “medical director” of Planned Parenthood Los Angeles. She is a former business partner of the DaVinci companies that were shut down for illegally selling fetal organs and tissues from Planned Parenthood.

Liberty Counsel explained, “Gatter admitted that undercover videos of her negotiating prices that Planned Parenthood would charge for baby body parts took place at a cocktail reception at an outdoor hotel pool, another reception in a hotel mezzanine, and at a restaurant, among other places of public accommodation. Gatter also admitted cocktail lounges, restaurants, and elevators are all public places, as recognized by PPFA-issued conference security guidelines.”

However, the judge banned that evidence from court, including Gatter’s recorded statement that “I want a Lamborghini” while negotiating prices for human livers, brains, hearts, and lungs.

Explained Liberty Counsel, “In addition, Dr. Deborah Nucatola testified under oath that when a video, in which she describes criminal partial-birth abortion procedures in order to sell baby body parts, was released in 2015, she ‘felt the content was no big deal and that she didn’t think she said anything inappropriate on the video. In the video of her conversation at a public restaurant in Los Angeles, Nucatola described using ultrasound guidance to flip a baby in the womb to feet-first breech position, in order to extract the baby intact and harvest whole, fresh organs.”

Liberty Counsel Chairman Mat Staver said, “The evidence will demonstrate that California’s first-ever prosecution of an undercover journalist is selective and discriminatory, and Sandra will be vindicated. The efforts to suppress the truth about abortion instigated by Kamala Harris and Xavier Becerra will not stand.”

WND also reported earlier this year that Harris, a “bought-and-paid-for ally of the abortion industry,” is facing a legal complaint that accused her of colluding with Planned Parenthood to bring felony charges in the case as a state official in California.

Officials with the Thomas More Society, a legal team, said Planned Parenthood also is being sued by David Daleiden, the journalist who in 2015 released more than a dozen undercover videos of abortionists talking about the money they wanted – and the money they got for selling the parts of unborn babies.

The society has confirmed, in a fundraising message, that Daleiden spent 30 months investigating “and capturing video evidence of Planned Parenthood’s top leadership – medical directors, national program directors, even its senior director of medical services – callously negotiating the harvesting and sale of aborted baby body parts.”

The action now includes a federal civil rights lawsuit in California against Harris “for prosecuting David in bad faith, twisting and perverting California’s anti-eavesdropping law to persecute a citizen journalist because of his political views.”

A defamation/libel claim also has been filed in New York against Planned Parenthood over its public statements that Daleiden created “fake” information.

The civil trial was handled by William Orrick, a judge appointed by the radically pro-abortion Barack Obama.

“Both Orrick and his wife are longtime donors to San Francisco’s Good Samaritan Family Resource Center (GSFRC), where Orrick was a board member and helped fund and open a Planned Parenthood clinic on its site. That clinic sold fetal tissue to StemExpress, a for-profit wholesaler exposed by CMP’s videos and reporting,” The Federalist has reported.

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