Anti-abortion videographer declines Harris DA’s probation offer
Anti-abortion activist David Daleiden, one of the videographers indicted after infiltrating a Houston Planned Parenthood facility, on Thursday rejected prosecutors’ offer of a probation deal, according to his attorney.
Daleiden and his associate, Sandra Merritt, both of California, were indicted last week by a Harris County grand jury as part of the district attorney’s investigation into reports that Planned Parenthood was selling fetal tissue. Both defendants are accused of tampering with a governmental record, and Daleiden was indicted on a second count accusing him of offering to purchase fetal tissue.
County prosecutors this week offered both activists pretrial diversion, a form of probation.
But Daleiden appeared Thursday in a Houston courtroom and was released on $3,000 bail. He rejected the offer and plans to fight the charges, said attorney Jared Woodfill.
Merritt surrendered Wednesday. It’s unclear whether she has accepted or rejected the deal.
Both are charged with tampering with a governmental record, a felony punishable by up to 20 years in prison. Daleiden also was indicted on a misdemeanor count related to purchasing human organs that carries up to a year in prison. Attorneys say the pair plan to plead not guilty.
Arrest warrants were issued for Merritt and Daleiden after they were indicted Jan. 25, and their attorneys arranged for their voluntary surrender.
The indictments of the activists — a twist in Texas Republicans’ many challenges to Planned Parenthood — include a charge against Daleiden and Merritt for using fake California driver’s licenses “with the purpose to defraud and harm another” as part of their attempt to enter Planned Parenthood Gulf Coast clinic in Houston. That’s a second-degree felony that carries a punishment of up to 20 years in prison.
The second count against Daleiden says he “unlawfully, intentionally and knowingly” offered to buy fetal tissue “for valuable consideration” — the same offense he was trying to catch Planned Parenthood staff committing by making undercover recordings at the Houston clinic.
That charge is a class A misdemeanor that carries a sentence of up to a year in jail.
At the urging of Republican Lt. Gov. Dan Patrick, the Harris County district attorney, Devon Anderson, also a Republican, started a criminal investigation into the women’s health organization after an undercover video surfaced that appeared to show Planned Parenthood staff in Houston discussing the costs of providing fetal tissue for research.
The grand jury cleared Planned Parenthood of wrongdoing and turned the tables by indicting Daleiden and Merritt.
Pretrial diversion, a kind of probation, is offered to many first-time, nonviolent offenders. If offenders keep a clean record for a predetermined length of time, their charges can be dismissed. Prosecutors have not drawn up a specific contract and conditions for Daleiden and Merritt.
This story was originally published February 4, 2016 at 6:46 PM with the headline "Anti-abortion videographer declines Harris DA’s probation offer."