Tuesday, October 22

The ABC-TV Hidden Camera Video that Inspired David Daleiden

The federal jury saw the video of an investigative story broadcast by ABC's 2020 in the year 2000 in which the then-head of Planned Parenthood called for prosecution of those who sell aborted baby parts. David Daleiden's attorneys describe this exciting end to a plodding day of testimony as a breakthrough. 

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On Tuesday, October 22, David Daleiden was on the witness stand for the entirety of the five-hour session. For the first four-and-a-half hours, he was questioned by Planned Parenthood’s attorney Rhonda Trotter in the same style as on Monday. It was a plodding review of dozens of documents which Daleiden had authored or signed, and statements he had made, in his role as director of the undercover video investigation project created by the Center for Medical Progress. Ms. Trotter sifted interminably through every element of Daleiden's spycraft, and repeatedly declared, "That statement is false, isn't it?," to which Mr. Daleiden responded with unfailing politeness, "It is fiction, part of the undercover scenario."

In the final half hour of the day, when Ms. Trotter had ended her inquisition, and defense attorney Charles Limandri rose to begin his questioning of his client, the light broke through.

“It started as a long, boring day, but it ended on a high note, a stinging note for the opposition,” said defense attorney Thomas Brejcha.

“We had about fifteen minutes left. Charles Limandri got up, asked a couple of questions, and we ended the day by showing a crucial video,” said defense attorney Peter Breen, “and the jury went home with that in their minds to consider overnight. It was a really good day.”

The video in question was a tape of an ABC-TV production from March 2000, from the 2020 news show, hosted by Connie Chung, presented by Chris Wallace, in which the TV journalists did “hidden camera” interviews with medical professionals involved in illegitimate trafficking in fetal body parts.

“Among the people in the 2020 video,” added Brejcha, “was Planned Parenthood president at the time, Gloria Feldt, who said on camera, to a national audience, that if these laws against trafficking in fetal body parts are on the books, they ought to be enforced.”

Defense attorney Matt Heffron added, “The jury had to go home thinking: Why was there no problem with ABC 2020 doing an undercover investigation very similar to David Daleiden’s – and yet in this case they are suing?”

The jury had been informed that this program had inspired Daleiden and associates to create a similar hidden-camera investigation as citizen journalists. Not until Tuesday morning had U.S. District Court Judge William Orrick given defense counsel permission to play the videotape to the jury.

The Thomas More Society attorneys discuss Tuesday’s events and their meaning in a seven-minute video on the Thomas More Facebook site.  See and hear the lawyers here.

                                      -- by J. A. Gray, correspondent