Lawyers For Undercover Anti-Abortion Activists Bash Criminal Charges

Attorney Terry Yates, left, answers a question as fellow attorney Jared Woodfill listens during a news conference Wednesday, Jan. 27, 2016, in Houston. Both attorneys represent David Daleiden and Sandra Merritt who a... Attorney Terry Yates, left, answers a question as fellow attorney Jared Woodfill listens during a news conference Wednesday, Jan. 27, 2016, in Houston. Both attorneys represent David Daleiden and Sandra Merritt who are accused of using fake driver's licenses to infiltrate the nation's largest abortion provider in order to make videos that accused Planned Parenthood of illegally selling fetal tissue to researchers for profit. (AP Photo/David J. Phillip) MORE LESS
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The attorneys representing two anti-abortion activists behind the Planned Parenthood “sting” videos vehemently defended their clients against the recent criminal indictment issued against them, and slammed the Houston grand jury that brought the indictments.

“We believe that this is a runaway grand jury that has acted contrary to the law,” said Jared Woodfill — one of the lawyers representing David Daleiden and Sandra Merritt, who both worked to covertly record Planned Parenthood officials in videos — said at a press conference in Houston Wednesday.

“Instead of indicting the wrong doers here — the organization trafficking in babies’ body parts — they’ve gone after the whistleblowers,” Woodfill said.

Woodfill — a former chair of the Harris County GOP who also ran to be chair of the state Republican Party last year– is representing the activists along with Terry Yates, a criminal defense attorney based in Houston. They praised the Texas governor’s office for launching various investigations into Planned Parenthood — including the one that ended in the indictments against the activists this week. They said prosecutors should not move forward with the indictments against the activists and that a new grand jury should be called to weigh claims that Planned Parenthood is illegally profiting off of fetal tissue.

“The tactics that David and Sandra used are no different than the tactics used by investigative reporters all around this country for decades,” Woodfill said.

The Harris County District Attorney’s office announced Monday that a grand jury had indicted Daleiden and Merritt for “Tampering with a Governmental Record,” alleging they used fake IDs to gain access to Planned Parenthood in Houston. An additional count was brought against Daleiden for offering to purchase fetal tissue samples from a Planned Parenthood official.

“This grand jury has overreached charging a second degree felony for someone having a fictitious driver’s license,” Yates said Wednesday. “How many kids — how many of us have used a fictitious driver’s license to buy beer? Can you imagine every kid who did that being charged with a second degree felony.”

The lawyers said that intent plays a role in both the fake ID and human organs allegations, arguing that the activists did not intend to defraud Planned Parenthood in their use of the fake IDs, nor did Daleiden intend to purchase fetal tissue.

“They were intending to expose the truth, all they were going in there [to do] is to show what was actually occurring in this facility — something that has been hidden from the public,” Woodfill said.

There are currently felony warrants out for the two activists, but the lawyers confirmed Wednesday that they were discussing turning themselves into a Houston court.

“There has not been a firm date or time set,” Yates said, as they were still in talks with prosecutors. “If that need arises we will have them appear.”

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