Thank You, 
Bonnie Lugo, President of the Daughters of Liberty, asked me to speak to the DOLs during their April meeting to discuss the prosecution of anti-abortion activists, David Daleiden and Sandra Merritt. Bonnie and I discussed the issue at the Downtown Pachyderm over the last few months and she was familiar with my quest to obtain the names of Mary Lou Keel’s grand jurors – the grand jury that indicted David and Sandra and failed to even contemplate an indictment against Planned Parenthood.
Keel, a candidate for the Texas Court of Criminal Appeals, visited the Downtown Pachyderm during the primary and again a few weeks ago to promote her candidacy in the runoff election. On both occasions, I asked Keel about releasing the names of her grand jurors. That led to Bonnie, a former grand juror, and I discussing Keel’s poor answers and the tragedy of these indictments. Of course, it was an honor to be invited to speak to the DOLs.
Immediately after my appearance was announced, Devon Anderson attempted to persuade the DOLs into canceling my appearance. I encourage you to take a minute to think about why the District Attorney herself would put so much effort into canceling my appearance before a local Republican women’s group. Devon’s attack against my appearance was peculiar, especially considering that the focus of my discussion with Bonnie and my last article was about Mary Lou Keel’s grand jury.
Devon tried everything she could to cancel my appearance. She threatened the DOLs on county time and offered herself as a replacement speaker claiming that she is the only person who can discuss the Planned Parenthood investigation. The funny thing is that she, as the elected district attorney prosecuting David and Sandra, is someone who is barred from speaking publicly on the facts of this investigation. Read Rule 3.07 of the Texas Disciplinary Rules of Professional Conduct. I knew Bonnie would have a large turnout thanks to Devon’s efforts. She did.
Devon and her surrogates involved Texas Federation of Republican Women President Theresa Kosmoski and attempted to argue that the DOLs could lose their affiliation with TFRW. It was obvious that Devon was scared about what I would say to the DOLs and I could not help but think that something interesting was about to happen with the case.
Not long after Devon began to attempt to cancel my DOL appearance, David Daleiden’s counsel filed a Motion to Quash the indictments in both of his cases: tampering with a governmental record, a second degree felony, and attempting to purchase fetal body parts, a class A misdemeanor. While these virtually identical motions to quash were filled with interesting information, Exhibit C made me realize exactly why Devon did not want me to speak to the DOLs.
Exhibit C is a showstopper. It is an email chain starting with an attorney named Murphy Klasing to Harris County Assistant District Attorney Anshu “Sunni” Mitchell – the same prosecutor who handled the no bill of Dr. Douglas Karpen in 2013. In his email, Mr. Klasing tells Ms. Mitchell that “someone from the DA’s office turned over this information [videos] to NAF [National Abortion Federation].” It is important to understand that when David Daleiden and the Center for Medical Progress released the now infamous Planned Parenthood videos, NAF immediately went to the California courts to stop the release of these videos. NAF is a legal organization that defends abortionists. NAF was successful in the California courts in obtaining a temporary restraining order (TRO) against Daleiden and the Center for Medical Progress, which prevented the dissemination of the Planned Parenthood videos.
Ms. Mitchell replied that she would return the flash drives to Mr. Klasing. Then came the kicker from Ms. Mitchell: “Additionally, you will recall that Melissa Hervey had notified you that we were providing copies of what you had given us to both Josh Schaffer and Randy Schaffer; therefore, you will need to contact them to obtain those copies as well.”
This email exchange is important for a number of reasons. First, why was the prosecutor sharing evidence produced by David with Planned Parenthood? On August 5, 2015, Lieutenant Governor Dan Patrick called for an investigation of Planned Parenthood – not an investigation of David and Sandra. Second, this exchange occurs before David appeared before Keel’s grand jury on January 14. This email exchange makes it clear that David is the target of the grand jury. So, why wasn’t he given a target letter when he appeared before the grand jury, which would have advised him of his legal rights? Third, who shared David’s videos with NAF?
The motion to quash held another curious piece of information – the prosecutors drafted the extension order for Mary Lou Keel to sign in December 2015, after the filing deadline. Again, the filing deadline is crucial because I guarantee that Devon Anderson would have been faced with multiple legitimate opponents if the indictments of David and Sandra had been released before the filing deadline. Instead, Devon and her prosecutors had the opportunity to present this investigation to five different grand juries in August and September and five grand juries, including Keel’s, in October – December. Then, beginning in January 2016, five new grand juries were empaneled. So, why was it so imperative that Keel’s grand jury be extended to 2016? So to be real clear, Devon had the option at this point to present this case to 15 different grand juries. She wanted Keel’s real bad and for a reason.
Now, if you have been following my posts about Keel, you would know that I asked her about this extension in her two appearances before the Downtown Pachyderm. I specifically asked her why her grand jury was extended and she said that she “didn’t know.” Let’s think about that. Keel wants to serve on the highest criminal court in our state and she doesn’t know why she extended a grand jury, which is an extraordinary event. This is why I am voting for Ray Wheless in the runoff election.
Once again, Devon Anderson’s dirty laundry is spilling out for everyone to see. It also explains why Devon did not want me talking to the Daughters of Liberty. The District Attorney knew I would read the motion to quash and talk about it. Devon can try to explain away a lot of things but it is impossible to provide a rational explanation as to why her office gave the videos to Planned Parenthood’s lawyers.
Another subject Devon cannot explain away is why she did not immunize both David Daleiden and Sandra Merritt. If Devon is pro-life, why would she not simply grant them immunity from prosecution before they ever testified before the grand jury? Reading Sunni Mitchell’s email to David’s civil lawyer would have alarmed any criminal lawyer. The evidence is clear that Devon set them up to be indicted. The only thing she needed to do to pull it off was to wait until after the filing deadline against her, extend the Keel grand jury, and BAM, instant pro-choice votes for the general election.
As you know, I have been asking for the names of the grand jurors who indicted David and Sandra. Let’s just say that this is really a small town and it is possible that biased individuals controlled this grand jury. David and Sandra deserve to know the names of these grand jurors. Keel has ordered that these names remain under seal. How do we know that the President of Planned Parenthood Gulf Coast was not the foreman of the grand jury? I believe Keel’s order is wrong; but, being smarter than the average bear, I asked for the panel of jurors sent to Keel’s court when the grand jury was selected. This request was made to the Harris County District Clerk, Chris Daniel. Instead of producing these names, the Harris County Attorney, on behalf of Chris Daniel, asked the Texas Attorney General for an opinion on the issue. So, the issue currently rests with Ken Paxton – a man who certainly knows a thing or two about grand juries.
If you have been a long time Big Jolly reader, you know that this is not the first time Anderson has misused her office for political purposes. Last Friday was no different when David Daleiden appeared in court before District Judge Brock Thomas, Devon’s former law partner. I was thankful to meet up with David and some of his legal team for coffee after the court appearance. Judge Thomas set the Motion to Quash hearing on May 25 – the day after Keel’s runoff election.
Right now, David and Sandra need our prayers to overcome the corrupt system of justice in Harris County.
I will be speaking again on the Planned Parenthood saga on May 19 at the Spring Tea Party.
Shameful.
Thank you Don Hooper for insight into the corruption driving this case. What a miscarriage of fairness and justice. I’m ashamed for my beloved state of Texas that such a debacle was perpetrated here. We’re supposed to be better than this.
Don, Why did Jared Woodfill, back when he was Chair of the Harris County Republican Party, betray the Texas Pro Life Movement, and social conservatives in Harris County by working so hard to get Devon Anderson appointed Harris County DA? Why did Jared lobby Gov Perry so hard to get Devon, Planned Parenthood’s best friend, appointed Harris County DA? The HCRP Executive Committee voted not to support Devon Anderson for Harris County DA, but Jared ignored them and lobbied hard for her anyway.
I am pretty sure he did it for his political consultant Allen Blakemore, who happens to be Devon’s consultant. Blakemore sent his employee Sara Kinney to heckle me. It was fun:-)
Jared Woodfill worked hard to betray Harris County conservative Republicans and get Devon Anderson appointed District Attorney. Imaging what he will do if elected Chair of the RPT.
Great Job Don Hooper! Below is a Press Release concerning this case by Daleidan’s legal team, the Thomas More Law Association. I trust this means that criminal fraud, Jared Woodhead, is no longer representing the defendants. Woodhead, who has no trial experience, like Devon, would sell Deleidan and Merritt down the River for Abbott and Patrick in tandem with Devon Anderson.
1. A Congressional Investigative Committee sparked by Daleidan’s expose of PP 45, last week found Planned Parenthood guilty of profiting from the sale of human body parts.
2. If the 9th Circuit Court of Appeals filed motion by Thomas More Law Society to quash the Gov. Abbott/ Dan Patrick/ Ken Paxton/Devon Anderson/ Ass. DA Sunni Mitchell, Mary Lou Keel’s grand jurors indictment of Daleiden is upheld, it seems to me that this will curtail the total judicial smack down of Planned Parenthood and all of the above two faced pro-life abortion profiteers in defense of Ist Amendment Rights. by Thomas Moore. Dan Patrick and Abbott told Devon Anderson what to do in regard to the indictment of Daleiden. Both said nothing about the indictment in anyway being unjust or a violation of Due Process, not a word because they both orchestrated the indictment to cover up their HB2 United Surgical Partners stock business conflict of interest with being pro life abortion profiteers politically by getting votes against Wendy Davis in Abbott’s case, and Dan Patrick against CIA Dave Dewhurst who set the whole thing off when CIA Dave called for a criminal investigation for infanticide of United Surgical Partner Dr. Douglas Karpen. Karpen exonerated by Chip Davis’ Key Grand Jury composed of all of the above that indicted Daleiden, exonerated Karpen without a murder investigation by Houston Homicide quashed by May Parker whose husband/wife is Treasurer for the Planned Parenthood I-45 Gulf Coast that buys and sell baby parties via the third floor “Life Donation Center. As a result of being exonerated on December 12th, 2013 by all of the above, Karpen continues to this day to sell the 5 to 9 month aborted alive infants whose necks he rings to murder to Planned Parenthood I-45 Life Donation Center. It is wrong to scapegoat Devon and Woodhead in both being exonerated and not see they are just useful idiots used willingly by Perry, Abbott, and Patrick in obstruction of justice to cover up their criminal HB2 conflict on interest.
So if the motion is quashed, the Ist Amendment issue I hope will at least be addressed in an Amicus Curiae Brief. Then, if there is any justice, in Texas, a Federal or State Grand Jury must be called (Other than Devon’s grand jury that exonerated Karpen and PP I-45 and indicted Daleiden) to hear evidence to indict Perry, Abbott, Patrick, Paxton, Devon Anderson/ Ass. DA Sunni Mitchell, Mary Lou Keel’s grand jurors, Anise Parker of conspiracy to obstruct justice in exonerating Karpen and Planned Parenthood without an criminal investigation called for by Lt. Gov. Dewhurst and then Patrick to cover up their criminal HB2 conflict of interest by covering up the USP Karpen sells aborted alive (partial birth abortion) late term infants to Planned Parenthood Gulf Coast I-45 by indicting criminally Daleiden through violation of his civil rights by denying him Due Process. These “pro life” Republican Establishment abortion profiteers must be indicted, removed from public office and sentenced to prison.
Constitutional Scholars May Not Agree with What Daleiden Says, But They Defend His Right to Say It
Thomas More Society Welcomes Broad Coalition Defending Undercover Journalist’s First Amendment Rights
To date, eight amici curiae (“friends of the court”) briefs have been filed in connection with the appeal of an injunction entered against undercover citizen journalist David Daleiden prohibiting him from releasing videotapes that he filmed at two abortion industry conferences. Thomas More Society attorneys representing Daleiden are grateful for this broad support for Daleiden’s constitutional rights on the part of so many amici. The appeal arises out of a lawsuit in which Daleiden has been sued by the National Abortion Federation (“NAF”) for alleged violations of the federal racketeering (“RICO”) law because of his internet postings of videotapes and research exposing Planned Parenthood’s and other abortionists’ involvement in trafficking body parts of aborted babies as well as other violations of federal law. This includes evidence that partial birth abortions are still being used to harvest “intact fetal cadavers,” which command premium market prices. The amici filings come from diverse groups, including those who do not share Daleiden’s prolife views, an alliance of state attorney generals, a coalition of U.S. Congressmen, and others.
Thomas More Society attorneys Thomas Brejcha, Peter Breen, Matt Heffron, and Corrina Konczal represent Daleiden, together with California based cocounsel, in the appeal filed with the Ninth Circuit U.S. Court of Appeals in San Francisco. The appeal prays for reversal of a preliminary injunction entered by District Judge William H. Orrick of the U.S. District Court for the Northern District of California, which bars Daleiden, his company, Center for Medical Progress, and his confederates from publishing or disclosing undercover videos taken at NAF annual conventions in 2014 and 2015. Daleiden argues, among other things, that the lower court decree constitutes an unconstitutional “prior restraint” on free speech that wrongfully deprives American citizens of access to otherwise hidden facts at the pinnacle of newsworthiness and of surpassing public interest.
The “friend of the court” briefs filed in the appeal include the following:
•Constitutional scholars from nine major universities
•Attorney Generals from fourteen states
•Susan B. Anthony List joined by six U.S. Congress Representatives
•American Catholic Lawyers Association
•Justice and Freedom Fund
•Charlotte Lozier Institute
•Peace Crowell Law Firm
Additionally, law faculty from Harvard, Stanford, Cornell and other public and private university law schools have joined in filing a brief insisting that federal courts do not have the power to prohibit the distribution of information relevant to controversial matters of public concern a brief which quotes extensively from another amicus brief previously been filed in the lower court by the Reporters’ Committee for Freedom of the Press, attacking the district court’s earlier entry of a temporary restraining order as an illicit “prior restraint” banning dissemination of the NAF videotapes
Don, I was on a Grand Jury in 2009 and we were told that we could not discuss anything that went on during our tenure with anyone outside of the members of the Grand Jury. Those are the rules but I disagree with them. I think we should have the freedom of speech to talk about what happened without maligning any member of the jury or persons who may have been indicted..
So I doubt that the names of the Grand Jury members will be revealed to the public.
I completely understand your obsession with the way the DA has handled this case and although you are usually pretty accurate in your facts, you have slipped one mistake into this conversation in order to bolster your support for Ray Wheless. Grand juries being extended is not an “”ëxtraordinary”” event. You loop Judge Keel into this conspiracy theory of yours merely because she extended this grand jury. The more interesting question is whether Attorney General Paxton will decide your open records request in a manner that will support his friend Ray Wheless, and if not,why not. Mary Lou Keel has a twenty year track record as being a smart and fair criminal court judge. It will be sad if your unfounded accusations against her affect the outcome of this most important election.
Judge, if she is so reasonable and there is nothing to hide she will unseal the jurors and withdrawal the order. Judge Keel certainly is making it hard on herself. Also, and most importantly, she is completely wrong on the law. People who do not know or understand the law should not sit on the court of criminal appeals. The current law is that she has to release the names, so says three AG’s including Abbott and Cornyn both former Texas Supreme Court Justices. There are three opinions and 5 letter opinions saying I am right and Judge Keel is wrong, all on point. There was no reason to lie about why the grand jury was extended. I really detest Judges who screw around with grand juries.