Court drops charges against pro-life activists who made undercover videos of Planned Parenthood officials

David Daleiden appears in a screen capture of a video from Texas Right to Life. | YouTube/Texas Right to Life

A California court has dismissed nearly all of the felony charges against two pro-life activists responsible for recording undercover videos that purportedly showed Planned Parenthood officials discussing the sales of aborted baby body parts.

In March, California Attorney General Xavier Becerra filed 15 felony charges against Center for Medical Progress (CMP) founder David Daleiden and his colleague Sandra Merritt for the undercover videos recorded during Planned Parenthood conferences.

The duo reportedly made undercover recordings of 14 people in California, where it is illegal to secretly record someone who reasonably expects privacy.

On Wednesday, the San Francisco Supreme Court dismissed 14 of 15 criminal counts, saying the charges were "legally insufficient."

However, Daleiden and Merritt are still charged with one count of conspiracy to invade privacy, and the court dismissed the other charges "with leave to amend," which would allow Becerra to present additional evidence against the pair and re-file the charges.

Liberty Counsel, which is representing Merritt, described the dismissal of the charges as a "huge victory."

"Sandra Merritt did nothing wrong," Liberty Counsel founder Mat Staver said, according to Life Site News.

"The complaint by the California attorney general is unprecedented and frankly will threaten every journalist who provides valuable information to the public," he added.

Liberty Counsel explained that the 14 charges have been deemed "legally deficient" because Becerra had refused to release the names of those who were secretly recorded. Additionally, the attorney general prosecuted Merritt in secret proceedings, according to the legal group.

The group also noted that all of the recordings happened in public venues, which has been acknowledged by Planned Parenthood under oath.

"Sandra did not break any law," attorney Horatio Mihet said. "No other citizen journalist or organization has ever been charged with a crime for undercover recordings," he added.

Becerra has been given until July 17 to re-file the charges. The attorney general's office issued a statement noting that the judge had asked for "more specificity in the charging document, specifically to identify the videos that are the basis of the charges."

"The California Department of Justice has 10 days to amend the complaint and will be making the requested changes," the statement said.

Similar charges have been brought against Daleiden and Merritt in Houston last year, but the charges were eventually dropped.

The undercover videos released by CMP in 2015 had prompted Congress to launch an investigation over the illegal sales of aborted baby parts. The series was also instrumental in triggering the efforts to defund Planned Parenthood.