Activist behind Planned Parenthood video offered probation

David Daleiden, center, one of the two anti-abortion activists indicted last week, addresses the media with attorney's Jared Woodfill, left, and Terry Yates after surrendering to authorities Thursday, Feb. 4, 2016, in Houston.
David Daleiden, center, one of the two anti-abortion activists indicted last week, addresses the media with attorney's Jared Woodfill, left, and Terry Yates after surrendering to authorities Thursday, Feb. 4, 2016, in Houston.

HOUSTON — An attorney for an anti-abortion activist said Thursday that his client does not plan to accept a proposed plea deal for charges related to making undercover Planned Parenthood videos.

Terry Yates, the attorney for David Daleiden, who faces a felony and a misdemeanor charge, said he is prepared to head to trial if he can't quash the indictment and isn't interested in a probation offer that would keep Daleiden out of prison.

Daleiden surrendered to authorities Thursday, posted $3,000 bond and made two court appearances. "I'm very grateful for all the support from the public," he said afterward.

Sandra Merritt, another activist also charged in connection with the videos, surrendered Wednesday. Both were indicted on a charge of tampering with a governmental record, a felony punishable by up to 20 years in prison. Daleiden also was indicted on a misdemeanor count related to purchasing human organs that carries up to a year in prison.

Attorneys say the pair plans to plead not guilty. Merritt was also offered probation in a settlement, but her attorneys have not indicated whether she'll take the offer.

It's common to offer pretrial diversion to first-time nonviolent offenders, according to Jeff McShan, a spokesman for the Harris County District Attorney's office.

Arrest warrants were issued for Merritt and Daleiden after they were indicted Jan. 25, and their attorneys arranged a deal with authorities for their voluntary surrender. Both Merritt and Daleiden live in California.

The district attorney's office initially launched a grand jury investigation to look into Planned Parenthood after the undercover videos indicated that the nation's largest abortion provider could be illegally selling fetal tissue to make a profit.

The grand jury cleared Planned Parenthood of misusing fetal tissue, opting instead to indict Daleiden and Merritt, who made the videos and are accused of using fake driver's licenses to get into a Houston clinic.

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