Judge Dismisses Misdemeanor Charge Against CMP’s Daleiden

In her ruling late Monday, Judge Diane Bull wrote she had no jurisdiction in the case because it was not properly filed at the outset. Bull said an indictment “must state every essential element of the offense. Failure to do so renders it void because it fails to confer jurisdiction to the court.”

In her ruling late Monday, Judge Diane Bull wrote she had no jurisdiction in the case because it was not properly filed at the outset. Bull said an indictment “must state every essential element of the offense. Failure to do so renders it void because it fails to confer jurisdiction to the court.”

 

HOUSTON—A judge dismissed one of the two charges against pro-life activist David Daleiden stemming from his undercover investigation of a Planned Parenthood abortion facility in Houston. Attorneys for Daleiden said the dismissal confirms their claim that the grand jury made a “rush to criminalize” their client and that the Harris County District Attorney’s office aided the process.

In January, a grand jury handed down indictments against Daleiden and fellow Center for Medical Progress (CMP) investigator Sandra Merritt following the jury’s investigation of Planned Parenthood Gulf Coast (PPGC) for illegally selling aborted fetal remains. A three-year undercover investigation by CMP produced incriminating evidence against the abortion giant. But that evidence and alleged collusion between PPGC and the district attorney’s office was used against Daleiden and Merritt, their attorneys claim.

Both were charged with tampering with a federal document. Only Daleiden was indicted for attempting to purchase fetal remains.

“The dismissal of the first indictment … sends a strong message to Planned Parenthood and their political cronies that colluding to suppress the First Amendment rights of citizen journalists will never work,” Daleiden said in a statement.

In her ruling late Monday, Judge Diane Bull wrote she had no jurisdiction in the case because it was not properly filed at the outset. Bull said an indictment “must state every essential element of the offense. Failure to do so renders it void because it fails to confer jurisdiction to the court.”

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