A California court has dismissed 14 of the 15 felony charges raised against Sandra Merritt. She is one half of the duo that exposed Planned Parenthood’s baby part selling operation. 

Merritt and Center for Medical Progress founder David Daleiden were prosecuted for their undercover recordings of abortionists and medical researchers. Daleiden still faces all 15 of the charges.

Liberty Counsel is defending Merritt. The firm announced the San Francisco Superior Court’s decision in a press release. 

“This is a huge victory,” said Liberty Counsel founder Mat Staver.

Exposing Planned Parenthood

Merritt and Daleiden had set up a fake business, pretending to market fetal tissue. They worked their way into meetings with Planned Parenthood’s top doctors. They chatted up technicians. They also attended abortion industry conferences.

In California, 14 people were secretly recorded. The results can be seen in several videos released since 2015 by CMP. (The judge is blocking other tapes from being seen by the public.) 

Some of the videos show Planned Parenthood doctors describing, in callous detail, late-term abortion methods. This includes methods that are illegal. Others show executives haggling over money for fetal tissue. Again, illegal. Still others show PP workers explaining how they skirt the law. All are hard to watch.

The CMP videos prompted Congress to investigate the sale of aborted baby parts. The series also helped fuel efforts to defund the abortion giant.

However, rather than go after those peddling the “products” of abortion, California targeted the two journalists. 

In March, State Attorney General Xavier Becerra charged the pair with 15 felonies. He brought one charge for each of the 14 people filmed. 

These 14 counts were dismissed because they were “legally deficient,” Liberty Counsel explained. First, Becerra refused to release the names of those who were secretly recorded. He also prosecuted Merritt in secret proceedings, Liberty Counsel claims.

The Remaining Charge

The 15th charge was for conspiring to invade privacy. In the state, it is illegal to secretly record someone who reasonably expects privacy. This is now the only charge that remains against Merritt.

But history appears to be on her side. No other undercover journalists have ever been charged in California, despite the secret recording law. An animal rights group exposed mistreatment at a California poultry farm in 2014 and 2015. In that case, the group faced no criminal charges. Instead, the state investigated the farm.

The Liberty Counsel noted that all of Merritt’s recordings happened in public venues. Planned Parenthood has acknowledged this fact under oath.

“Sandra did not break any law,” argued attorney Horatio Mihet. “No other citizen journalist or organization has ever been charged with a crime for undercover recordings.”

Daleiden says his work is no different than what the local news does.

My videotaping isn't any different from what local news does every day in California–but I exposed AG's sacred cows @PPact @NatAbortionFed

— David Daleiden (@daviddaleiden) June 21, 2017

Staver also said that the persecution was “unprecedented.” He warned it “will threaten every journalist who provides valuable information to the public.” Even the pro-abortion Los Angeles Times said the charges were “a disturbing overreach.”

Both Merritt and Daleiden were previously charged for their undercover work in Texas. Those charges have since been dismissed.