Abortion foes unbowed by $2.2M verdict over taping

SAN FRANCISCO -- Anti-abortion activists found liable for damaging Planned Parenthood and its affiliates in a scheme to secretly record organization personnel were unbowed by a jury's $2.2 million verdict Friday.

Peter C. Breen, an attorney with the Thomas More Society who represents lead defendant David R. Daleiden, blamed unfair rulings by U.S. District Judge William H. Orrick III that undermined his assertion that secret videotapes were protected by the First Amendment.

"When you're not allowed to put on your case, you can't expect a good verdict," said Breen, who expressed confidence the jury's ruling would be overturned by the 9th U.S. Circuit Court of Appeals or the U.S. Supreme Court.

But Friday's verdict, which followed two days of deliberations, is a sweeping victory for Planned Parenthood, which accused Daleiden and other defendants of fraud, trespass, illegal recordings, and violations of the Racketeer Influenced and Corrupt Organizations Act, along with other claims.

The civil RICO finding might be especially costly for the defendants, because it automatically triples the compensatory damages of $468,361 to more than $1.3 million. The jury awarded another $870,000 in punitive damages for a total of $2,275,083. Planned Parenthood Federation of America v. Center for Medical Progress et al., 16-CV00236 (N.D. Cal., filed Jan. 14, 2016).

Six of the seven defendants were found liable, including the organization -- the Center for Medical Progress -- started by Daleiden to create a phony company to meet and videotape Planned Parenthood and stem cell company officials to uncover what they believed was illegal activity, the selling of parts of aborted fetuses.

The group's videotapes were released online in 2015 on a weekly basis, portraying Daleiden and other co-defendants meeting with Planned Parenthood and other officials and discussing the often-gory details of abortions and the ways fetal tissue -- valued for research purposes -- was obtained and distributed.

While defense attorneys portrayed their clients as citizen-journalists whose phony names and secret videotapes were necessary to uncover violent crimes, Rhonda R. Trotter, a partner at Arnold & Porter Kaye Scholer LLP, told the jury in closing arguments their goal was simply "to find any means to destroy Planned Parenthood."

"The jury has spoken loud and clear," Trotter said in a prepared statement after the verdict on Friday afternoon. "Those who violate the law in an effort to limit access to reproductive rights and health care will be held accountable."

Trotter was assisted by Jeremy T. Kamras and Sharon D. Mayo, partners at Arnold & Porter, as well as Amy L. Bomse, an attorney with Rogers Joseph O'Donnell.

The 10-member jury included nine men and one woman.

While Trotter insisted during closing arguments that the case was not about abortion, but about the Daleiden group's tactics, the case often seemed to be about one's opinion of the work done by Planned Parenthood.

Kamras voiced outrage at the threats doctors received after the videos' release, which he said required extra security costs and protective measures, while defense attorney Charles S. LiMandri spoke at length about babies being "born alive" and other revelations he said Daleiden uncovered about Planned Parenthood.

Two of the defendants, Daleiden and Sandra S. Merritt, also face state criminal charges filed by Attorney General Xavier Becerra.

Horatio G. Mihet, vice president of legal affairs and chief litigation counsel with Liberty Counsel who represents Merritt, said he believed the outcome of the civil trial would not affect the criminal case pending before San Francisco County Superior Court Judge Christopher C. Hite.

The standard for a criminal conviction is beyond a reasonable doubt, Mihet said. Defense attorneys also have been happier with Hite's decision to allow more of their expert witnesses to testify. People v. Daleiden et al., 2502505, 17006621 (S.F. Sup. Ct., filed March 28, 2017).

Closing arguments in the preliminary hearing in the criminal case are scheduled to take place next month.