PHYSICIAN- LIVE ORGAN SENIOR GOOGLE WILL NURSES 4 ASSISTED SUICIDE 6 DONATION 10 EMPLOYEE ATTACKS 12 ONLY PREVENT PROTECTING THE BOUNDARIES WHICH ADVOCATE SOME SUICIDES? RIGHTS OF OUR DIVIDE LIFE FROM DEATH QUINN CHASAN PREVENTION AND/OR VULNERABLE ATTACKS ADVOCATE ASSISTANCE

A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION

VOLUME XXIX, NO. 1 WINTER 2020 LIFELINE PRO-LIFE TRIAL OF THE CENTURY

In October and November of 2019, five pro-life defendants and their attorneys battled the nation’s largest abortion provider in federal court. Planned Parenthood sued the defendants—David Daleiden, Sandra Merritt, Albin Rhomberg, Troy Newman, and Adrian Lopez, along with the Center for Medical Progress and BioMax1—for exposing Planned Parenthood’s barbaric practice of selling baby body parts for profit.

Mary Rose Short million dollars in damages. This included recording people whose names were $870,000 in “punitive” damages, which, never mentioned in the trial,” said After deliberating for just over one as the name implies, are intended to Catherine Short, Life Legal’s Vice day, a jury of nine men and one woman punish defendants for certain egregious President of Legal Affairs. “They found returned a verdict finding the defendants conduct, in this case, racketeering Sandra Merritt liable for recording at guilty of, among other things, trespass, activity. conferences she never attended. They breach of contract, illegal recording—and found Albin Rhomberg liable for a RICO most outrageously, racketeering—and “The jury was so lopsided that they conspiracy to make fake IDs that he had awarded Planned Parenthood over two found all the defendants liable for no knowledge about. They found all of

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MORE… 8 CASES TO WATCH: GENERAL RECAP & UPDATE | 11 MEET THE ATTORNEY: JOHN GARZA 2 LIFELINE WINTER 2020

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PLANNED PARENTHOOD ATTORNEYS GRILLED THE PRO-LIFE DEFENDANTS ABOUT THEIR PRO-LIFE CREDENTIALS AND SEEMED SURPRISED THAT THE DEFENDANTS WOULD NOT RECANT THEIR UNAPOLOGETIC COMMITMENT TO PROTECT PREBORN BABIES FROM PLANNED PARENTHOOD’S RUTHLESS PRACTICES.

the defendants liable for every single the abortion giant was forced to spend defendants with a damages chart with claim Planned Parenthood made.” millions of dollars to respond to state the actual dollar amounts for which it and federal investigations and to install was asking. How could this happen? improved security systems because of an Planned Parenthood subsequently When Planned Parenthood first filed alleged “spike in threats and violence” changed its demands multiple times. its civil lawsuit almost four years ago after the release of the videos. Planned Claims appeared in filings, disappeared seeking ten to sixteen million dollars in Parenthood maintained that not only did in later filings, reappeared, and compensatory damages plus unspecified the individuals who directly recorded the disappeared again. Damages came and punitive damages, Planned Parenthood’s undercover videos break laws concerning went and came. Which videos were Executive Vice President Dawn Laguens trespass, breach of contract, and illegal supposedly illegally recorded changed said that the lawsuit “exposes the recording, but those who knew about on a weekly basis. Over time, Planned elaborate, illegal conspiracy designed to the project had conspired to commit Parenthood’s case shrank significantly. block women’s access to safe and legal crimes and were part of a giant criminal abortion.” She made sweeping allegations conspiracy. In fact, PP claimed all of After both sides argued for what issues without much detail: “The people behind the defendants had violated federal they thought should be decided before this fraud lied and broke the law in order racketeering (RICO) laws. These laws the case went to the jury, Judge William to spread malicious lies about Planned were enacted to eradicate organized Orrick solidified some of Planned Parenthood.” Parenthood’s claims “…THE DEFENDANTS HAD LIED TO PLANNED PARENTHOOD by ruling in their Planned Parenthood favor. He ruled that even hired the WHEN THEY WERE UNDERCOVER, LIED TO THE SECRETARY OF the undisputed notorious research STATE WHEN THEY SET UP THE FRONT COMPANY BIOMAX, AND facts in the case firm Fusion GPS, LIED TO THE JURORS ‘WHEN THEY TOOK THE WITNESS STAND.’ ” proved that CMP which produced investigators had the largely discredited Steele dossier, to crime, not to punish people for exposing trespassed at the Planned Parenthood affirm its mantra that the videos were criminal activity. conferences they attended and that “misleadingly edited.” However, Fusion they breached certain elements of the admitted that its analysis “did not reveal As the lawsuit progressed, attorney Short exhibitor agreements that they signed widespread evidence of substantive video demanded details about why her clients before attending those conferences. The manipulation.” Forensics firm Coalfire were being sued. Who had supposedly contracts provide that the undersigned Systems, Inc. also analyzed the videos broken what laws where? What videos will only display educational materials of and concluded that “the video recordings were allegedly illegally recorded? Who interest to other attendees that are used are authentic and show no evidence of were the supposed victims? What actual in the normal course of the exhibitor’s manipulation or editing.” expenditures related to the making business. Judge Orrick said that certain of the videos did Planned Parenthood In its lawsuit, Planned Parenthood defendants had violated those elements incur? Planned Parenthood stalled for claimed that the pro-life defendants of the agreements since BioMax, which almost three years before providing the had broken numerous laws and thus the investigators advertised at their A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 3

booth, did not in fact participate in tissue as “incidents of violence.” Rhomberg’s stated goal of ending “mass procurement and its exhibitor materials prenatal murder” and taking down “the Finally, Planned Parenthood brought related to only a front company. evil Planned Parenthood empire.” in its own witnesses to say how much After four years, one might think Planned money was spent on security in the Defendant Troy Newman invoked the Parenthood would have come up with wake of the videos. Planned Parenthood Fifth Amendment and refused to testify some solid evidence to support its claims claimed that the pro-life defendants in the trial. Nevertheless, Judge Orrick at trial. Instead their attorneys resorted should reimburse them for such costs as allowed Planned Parenthood to display a to playing on the juror’s emotions. retaining an outside firm to scrutinize slide featuring Newman’s statements that pro-lifers’ social media accounts and his intent in publishing the CMP videos Planned Parenthood’s high-priced paying “reputation.com” exhorbitant fees was to “defund” Planned Parenthood and attorneys called witness after witness to to rehabilitate PP’s damaged public image “destroy their death machine.” What’s testify how scared they were after the following the release of the videos. more, Orrick instructed jurors that they undercover videos were released and to could draw negative inferences about say that they had received threats—even Planned Parenthood attorneys grilled Newman’s statements when determining though not a single record of a threat was the pro-life defendants about their pro- his liability in the case. entered into evidence through testimony life credentials and seemed surprised or exhibits. The solitary documentary that the defendants would not recant In her closing arguments, rather than evidence of threats was a tweet that their unapologetic commitment to summarizing and presenting evidence referenced Dr. Kermit Gosnell’s sentence protect preborn babies from Planned to the jury that the defendants had in of life in prison for murdering babies Parenthood’s ruthless practices. The fact broken the law, Planned Parenthood who survived abortions and then asked attorneys displayed the defendant’s attorney Rhonda Trotter echoed Dawn what Dr. Deborah Nucatola and Dr. quotes for the jury to see, including Albin Laguens’ assertion from four years Savita Ginde deserved. Someone tweeted earlier: “Members of the Jury, this case back “electric chair” and another person is about the defendants’ plan to use any responded “drawn and quartered.” means, including illegal means, to destroy The tweet was not sent to either of the Planned Parenthood.” doctors and apparently Dr. Ginde only After rehashing the claims Orrick had learned of it because an ally brought already ruled on, Trotter’s theme for it to her attention. That can hardly be almost two hours was solely that the considered a threat. defendants lied. “You saw that nothing Moreover, Planned Parenthood that these defendants told you from the introduced so-called “experts” to say stand or otherwise was their intent in that the pro-life movement is rife with engaging in the CMP Project is to be violence. When cross-examined by believed. Why? Because each of them Life Legal attorney Katie Short, these have been demonstrated to be liars.” “experts” had to admit that their fancy She argued that the defendants had lied charts of anti-abortion “violence and DALEIDEN to Planned Parenthood when they were disruption statistics” had no statistical undercover, lied to the Secretary of State significance whatsoever. The charts TESTIFIED when they set up the front company counted incidents with unclear motives BioMax, and lied to the jurors “when and relied on information volunteered that one of the reasons they took the witness stand.” She showed by abortion facility staff supplemented he went undercover was testimony of times that defendants had with incidents gleaned from the news. In incorrectly remembered incidents from order to inflate the numbers, the National his horror at discovering five or more years ago when pressed to Abortion Federation (NAF) resorts to a Stanford research study try to recall them on the stand. She said classifying all incidents of trespass as this proved they were “liars.” “abortion violence.” Under Short’s cross- that, as he understood, used examination, NAF’s Security Director still-beating fetal hearts. In fact, some of the defendants, including was forced to admit that simple trespass David Daleiden and Sandra Merritt, makes up over 75% of what NAF reports did give false information in order to

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UPDATE: PHYSICIAN-ASSISTED SUICIDE

Sarah Chia

In addition to defending pro-life advocates who are working to protect the human rights of our youngest, Life Legal continues to work with those protecting the rights of our elderly and medically vulnerable. One such case is Ahn v. Hestrin, which we filed in response to California’s unconstitutional “End of Life Option” law that took effect in 2016. Life Legal argued in our complaint that the law was unconstitutional based in how it was passed, and also that it violated the rights of Californians to due process and equal protection under the law. In May of 2018, Superior Court Judge Daniel Ottolia ruled that the law was unconstitutionally enacted in a special legislative session specifically called to address MediCal funding shortfalls. The other issues we raised in our original complaint were not considered at that time.

Unfortunately, in November 2018, the to the waiting periods required prior to suicide generally. According to the appeals court majority determined a lethal prescription (SB 579, enacted American Psychological Association 3 that Life Legal plaintiffs did not have July 2019). A Montana bill that would and the United Health Foundation,4 standing to challenge the law and, have explicitly criminalized assisted overall suicide rates have consistently therefore, declined to address whether suicide failed (HB 284). Other states, risen since 2000, when there were the law was constitutional under however, affirmed life by refusing to 10.5 suicides per every 100,000 people. the procedural rules of California’s pass legislation allowing assisted suicide In 2019, there were an estimated 14.5 constitution. Since then, the End of (Virginia’s HB 2713 and Arizona’s suicides per 100,000—an increase of Life Option Act has over 40% in remained in effect under 20 years. 5 while Life Legal has IN OREGON, ASSISTED SUICIDES HAVE These increases returned to the trial NEARLY TRIPLED IN THE PAST DECADE . don’t include court to argue the the suicides issue of standing. committed We are currently awaiting the judge’s SB 1193). Additionally, the American through physician-assisted suicide, decision on the issue. Medical Association took a strong stand which also continue to rise year after against physician-assisted suicide, As California waits to see the way year. In Oregon, where the annual non- stating that “[p]hysician-assisted suicide forward in Ahn, the recent legislative PAS suicide rate is a staggering 19.6 per is fundamentally incompatible with the record across the states shows an 100,000 residents, assisted suicides have physician’s role as healer.”1,2 ambivalence toward physician-assisted nearly tripled in the past decade .6 In the suicide. No fewer than 16 states The legislative and court battles three years since California’s End-of- introduced bills in 2019 to initiate, ban, we are facing as pro-life advocates Life Option Act passed, there are nearly or expand the practice. For example, are important in light of two truths 1,000 documented cases of vulnerable Oregon, where assisted suicide was concerning the suicide in America. individuals who took their own lives legalized in 1998, now allows exceptions First, are the sobering statistics of with the help of a licensed physician.7 It A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 5

IN 2019, THERE WERE AN ESTIMATED 14.5 SUICIDES PER 100,000 — AN INCREASE OF OVER 40% IN UNDER 20 YEARS.

is clear that Americans are increasingly physician-assisted suicide. We stand www.americashealthrankings finding life to be disposable. with Dr. Ahn and our other plaintiffs .org/explore/annual/measure/Suicide who choose to speak for their vulnerable (accessed 2019-12-12). Another truth about suicide is somewhat patients. We will continue to pursue more encouraging and fuels our fight 5 For reference, the rate fluctuated responsible legal requirements around against legalizing assisted suicide. between 10-12 for the second half of the medical practices in California and the Research has shown that providing 20th century. However, since 2000, the greater United States. access to a means for suicide increases rate has increased each subsequent year. the suicide rate.8 Conversely, when we ______6“Oregon Death with Dignity Act: limit access to lethal means, including 1“Code of Medical Ethics Opinion 5.7.” 2018 Data Summary.” Oregon Health drugs, we can reduce the suicide rate. Physician-Assisted Suicide. American Authority, Public Health Division, For example, Oregon’s non-assisted Medical Association, http://bit. 25 April 2019. suicide rate rose 41% higher than the ly/36SEK6u 7“California End of Life Option Act: 2018 national rate in a single ten-year period 2White, Frederick J. “AMA Says Data Report.” California Department of following Oregon’s implementation ‘No’ to Physician-Assisted Suicide.” Public Health, July 2019. of its “Death with Dignity Act.” Other RealClearHealth, 5 July 2019, states that have legalized assisted suicide 8“Means Reduction Saves Lives.” Means http://bit.ly/3a34XBo. are seeing similar trends.Conversely, Matter, Harvard T.H. Chan School of when we limit access to the means of 3Winerman, Lea. “By the numbers: An Public Health, 26 Feb. 2019; http://bit committing suicide, including “aid-in- alarming rise in suicide.” Monitor on .ly/2Rftiv9 dying” drugs, we can reduce the overall Psychology, vol. 50, no. 1, Jan. 2019, p. 80. suicide rate. 4“Public Health Impact: Suicide, 2019 As advocates for life, we applaud the Annual Report.” America’s Health AMA for its strong statement against Rankings. United Health Foundation, 6 LIFELINE WINTER 2020

COMING SOON NEAR YOU: LIVE ORGAN DONATION Alexandra Snyder

“The boundaries which divide Life from Death are at best shadowy and vague. Who shall say where the one ends, and where the other begins?” —Edgar Allen Poe

The concept of “brain death” was created pressure and subsequent loss of oxygen Tragically, St. Mary’s did not provide ostensibly to establish a bright line rule during exploratory surgery at St. Mary’s Aden with any treatment outside of the de between life and death. Its proponents Regional Medical Center in Reno, Nevada. minimus care required by the court and assure us that physicians are able to The hospital quickly informed her father Aden passed away before the court had determine with absolute certainty that it would remove life-sustaining a chance to hold hearings on the brain those patients who have no chance of care. Aden’s father sued the hospital to death guidelines. The case was dismissed. recovering from profound brain injuries. maintain treatment and presented the Cases like Zack and Aden—and so many The sole purpose for this designation is court with three EEGs showing that Aden others whose brain death declarations to provide a mechanism for expeditious still had active brainwaves. The Nevada proved incorrect or indecisive—should give organ harvesting and transplantation. us pause. Should we really rush into organ But is it really possible for doctors to harvesting when there is a question about determine the boundaries which divide whether the donor could still be alive? NOW, SOME Life from Death? BIOETHICISTS I always thought the obvious answer Doctors pronounced twenty-one year-old would be a resounding NO! In light Zack Dunlap brain dead in 2008 after the ARE SAYING IT IS of these cases, not to mention recent young man flipped his all-terrain vehicle OKAY FOR ORGAN discoveries about the human brain’s and landed on pavement. His parents amazing capacity for self-regeneration, we DONATION ITSELF were told their son had no brain activity should revisit the now sixty-year-old brain and would never recover. Zack’s driver’s TO BE THE CAUSE OF death framework to make sure we aren’t license revealed he was an organ donor DEATH, REGARDLESS killing patients who are still very much and just three days after his accident, he alive. was prepped for organ harvesting. On the OF WHETHER THE But that is not what is happening. way to the operating room, a nurse—who PATIENT IS DECLARED Instead, organ transplant enthusiasts, happened to be Zack’s cousin—decided BRAIN DEAD. acknowledging the difficulty in to try something. He scraped his pocket- definitively determining whether a knife against Zack’s foot and to his shock, brain injury is truly irreversible, are now Zack moved his foot away. suggesting that we do away with the Supreme Court questioned whether Turns out, Zack still needed his organs dead donor rule entirely and allow organ the American Academy of Neurology’s and has since made a significant recovery. harvesting even in cases where a patient guidelines for brain death determination is not brain dead. Although cases like Zack’s are rare, they adequately measure the cessation of are not unheard of, which is causing all brain function, as required by the I should clarify here that we already allow some health care providers to question Universal Declaration of Death Act. The doctors to withdraw life-sustaining care about the accuracy of the criteria used to court ordered the hospital to continue to from patients who are brain-injured, but determine brain death. In 2015, twenty- provide ventilator support to Aden until it who have not been declared brain dead. year-old Aden Hailu was declared brain could evaluate the AAN’s guidelines. But those patients have to be declared dead after experiencing a drop in blood dead before their organs can be harvested. A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 7

Now, some bioethicists are saying it is okay for organ donation itself to be the cause of death, regardless of whether the patient is declared brain dead.

And according to a study published in the Journal of Medical Ethics, people are onboard with having their organs cut out even while they are still alive.

The study’s authors surveyed over 1000 people and found that “Of the 85% of the sample who agreed that they were willing to donate organs after death, 76% agreed that they would donate in the scenario of irreversible coma with organ removal causing death. There appears to be public support for organ donation in a scenario explicitly described as violating the dead donor rule.”

A couple of years ago I got a call from endure the interminable torture of being I am reminded of the “Live Organ the fiancé of Natalie,* thirty-two-year- starved to death? Donation” scene in Monty Python’s old woman who was unresponsive after highly irreverent film “The Meaning of I posed this question to a physician a few suffering a heart attack. Doctors said she Life” in which two organ procurement months ago and her response horrified had an “irreversible” brain injury and technicians force their way into the me. Starvation is imposed to trigger a transferred her to hospice care without home of an organ donor to harvest his cardiac event. This is termed “controlled food and with a “do not resuscitate” liver. The donor acknowledges that he cardiac/circulatory death” or CCCD. It (DNR) order. I started looking for a local is a registered organ donor, but argues is a means of harvesting organs where attorney to intervene. Two days later, the that the donor card reads “in the event the patient has a severe brain injury, fiancé called again and said that Natalie of death”—to which the harvesters reply, but does not meet the criteria for brain was starting to talk. She said she was “no one that has had their liver taken out death. As soon as the patient goes into hungry and wanted a “sausage breakfast by us has survived.” What follows is a cardiac arrest, he or she is prepared for sandwich,” but the hospice would not bloody scene of live organ removal. change the protocol. While she received organ harvesting. Death is declared, an hydration through an IV, she was denied obligatory 2–5 minute “no touch” period Of course, organ transplant proponents nutrition. Natalie’s mother insisted her is observed, and then the patient’s organs maintain that consent is the sine qua daughter “would not want to live this are removed. Renowned philosopher Dr. non of valid organ donation absent a way” and refused to authorize treatment. Joseph Seifert says CCCD was “designed dead donor rule. But how many donors for the purpose of being able to extract really know what organ harvesting and We sued the hospice provider and the organs from clearly living persons, who transplant actually entail? How many court ordered Natalie to be transferred are being declared ‘dead’ in defiance of know that they may be starved to the to hospital care for full treatment. When all logic and dishonestly.” brink of death and intentionally not I visited her a month after her injury, resuscitated in order to provide parts for The problem with CCCD, according to she was well on her way to making a someone else? 1 full recovery. I have since seen several Dr. Franklin Miller, is that it requires at similar cases where patients deemed to least a brief period (2–5 minutes) of no ______have an “irreversible” brain injury regain cardio-respiratory function, which means *Real name withheld for patient privacy.. consciousness. “the heart is seldom transplanted.” Miller 1Franklin G. Miller, Ph.D. retired in 2015 as a is part of an increasingly vocal cadre of I always wondered why the hospice member of the senior faculty in the Department physicians and so-called “ethicists” who of Bioethics, National Institutes of Health (NIH). would bother to provide hydration in argue for the abolition of the dead donor rule cases like this. Why force someone to in order to increase the supply of organs.

8 LIFELINE WINTER 2020 A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION

CASES TO WATCH GENERAL RECAP & UPDATE OF CURRENT CASES

charges were dismissed. Trial on the of the parents of Israel Stinson, whose remaining nine felony charges will begin two-year-old son was declared brain on January 30. dead by a California hospital but was subsequently found to have active brain Ahn v. Hestrin (Calif.)— In June 2016, waves. Israel Stinson died after being Life Legal filed a constitutional challenge forcibly removed from life support in to California’s assisted suicide law on August, 2016. The hospital and state behalf of six doctors and the American then sought to have the case dismissed, Academy of Medical Ethics asserting claiming the toddler’s death rendered that the Act was passed in violation of the case moot as there were no further California’s constitution and that the damages. Life Legal subsequently joined Act removes crucial legal protections the case as a co-plaintiff. Case is on Ron K. (San Francisco)—40 Days leader from sick and vulnerable patients that appeal to the Ninth Circuit. Ron K. was attacked outside Planned are enjoyed by other Californians. After Parenthood in San Francisco. Life Legal an initial victory in the trial court, People v. Haag (Washington, D.C.)— learned that the assailant is a known Attorney General Xavier Becerra and the Red Rose Rescuer was convicted of violent activist in San Francisco and George Soros-funded pro-suicide group trespassing at an abortion clinic. Her has provided SFPD with his name, but “Compassion and Choices” appealed. case, based on the necessity defense, is SFPD has not taken steps to apprehend The appellate court found that the on appeal at the Washington D.C. Court him. Life Legal is preparing to file a civil plaintiffs lack standing to challenge the of Appeals. lawsuit against the assailant. law. After the California Supreme Court Gribbin v. Chasan (Washington, D.C.)— denied review, the case returned to the Daleiden et al. (Calif.)—In January Peaceful sidewalk advocate attacked trial court to determine whether the 2016, Planned Parenthood Federation of while counseling. Local police having plaintiffs can allege sufficient new facts America and a number of PP affiliates taken no action Life Legal filed a civil to establish their standing to challenge sued David Daleiden and several of his lawsuit on behalf of pro-lifer (see page 10). fellow investigators in federal court, for the law. June Medical Services v. Gee the express purpose of punishing them (Louisiana)—An abortion clinic and for their investigative work exposing two abortion doctors are challenging PP’s role in the sale of baby parts. Three a Louisiana statute requiring abortion years of written discovery, depositions, doctors to have admitting privileges and expert witness discovery succeeded at a hospital within 30 miles of the in paring down Planned Parenthood’s abortion clinic. The state of Louisiana claimed damages by over ninety-five is cross-challenging the plaintiffs’ percent. However, after a six week trial, standing to represent the “interests” of the jury found for the plaintiffs on most future, hypothetical women who may of the remaining claims and damages. seek abortions. The case will be heard The case is now in a phase of post-trial Stinson/Fonseca (Calif.)—Life Legal by the U.S. Supreme Court this spring. briefing, which will be followed by an continues our challenge to California’s Life Legal represents Abby Johnson, appeal to the Ninth Circuit. (Daleiden brain death statute in federal court. The former Planned Parenthood medical and his colleague Susan Merritt are also statute does not provide due process director, and Terry Beatly, author of facing criminal charges arising from their for family members who seek a second, What If We’ve Been Wrong: Keeping My investigatory work.) independent medical opinion after their Promise to America’s Abortion King, in After a three week preliminary hearing loved one has suffered a serious brain an amicus brief demonstrating that in San Francisco, six of the fifteen injury. The lawsuit was filed on behalf A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 9

abortion doctors do not enjoy a “close People v. Blythe (San Jose, Calif.)— relationship” with their patients that College police unlawfully order pro-life would allow them to represent their advocates to leave the campus and tried interests. Life Legal is also representing to seize signs and literature, claiming Concerned Women for America on that the public college was actually a separate amicus brief arguing that private property. Police issued citations women seeking abortions can bring for violating a school policy and refusing the challenges themselves, as Jane Roe to obey a police officer. Life Legal (Norma McCorvey) did in Roe v. Wade, attorneys intervened and informed the rather than having abortion providers CASES RESOLVED Santa Clara District Attorney that no speak for absent women. Utah v. Linton (Wasatch, Ut.)—Father such school policy existed, and the order Alabama Department of Public James Linton was unlawfully issued of the police officer was not lawful. Victory!: All criminal charges were Health (Alabama)—Life Legal, in a citation for trespass while sidewalk dismissed. conjunction with CEC for Life, sent counseling in an area open to the general public outside of the Wasatch a complaint and demand letter to United States v. Moscinski Women’s Center. Victory!: Criminal the Alabama Department of Public (Washington, D.C.)— Red Rose Rescue charges dismissed and lawsuit on behalf Health (“ADPH”) seeking to revoke case involving Father Fidelis of Priests of Linton is in preparation. the abortion license issued to Planned for Life and three other defendants Parenthood Birmingham because of who entered an abortion clinic run by its false advertising. The letter further notorious late-term abortionist Steven demanded regular and consistent Brigham. Victory!: Charges dismissed inspections of all abortion clinics in at trial. the state of Alabama to all ensure correction of any deficiencies reported by the ADPH. ADPH declined to take any action in response to the demand. Life Legal recently discovered that PP Birmingham no longer advertises abortion services on its website. In response, CEC and Life Legal sent another demand letter to revoke the facility’s abortion license since it is incapable of providing any abortion services. 10 LIFELINE WINTER 2020

SENIOR GOOGLE EMPLOYEE ATTACKS PEACEFUL PRO-LIFE ADVOCATE IN A FIT OF RAGE Allison Aranda

On August 31, 2019, Quinn face in an effort to get away. Gribbin Violent attacks on peaceful pro- Chasan, a top Google reported that Chasan “punched me life advocates are becoming more about eight to twelve times in the head. frequent. LifeNews has reported employee, viciously attacked He grabbed my hair and tried to slam a rash of disruptive, harassing and pro-life advocate Mike my head against the sidewalk.” Chasan violent incidents this year. Free speech Gribbin. threatened, “to kick the shit out of advocates are outraged by the lack of him again,” while Gribbin pleaded for action by police officers all over the Chasan was angry about the prolife bystanders to call the police. country who turn a blind eye to these messages that Gribbin was chalking on cases, refusing to uphold their sworn Similar to the attack on an elderly man the sidewalk so he erased them with civic duty to protect and serve. in San Francisco earlier in the year, water and then grabbed his bag of chalk most of the robbery and assault against right out of Gribbin’s hand. He threw Gribbin was captured on cell phone some of the chalk on the ground and video. Despite ample evidence of a crime took off to avoid identification, despite Screen shots from attack video as Gribbin and having identified the assailant, the repeated requests from Gribbin to stop tried to defend himself. Video images D.C. Metro Police have declined to file and return his property. Chasan would courtesy of Daily Caller. criminal charges against the violent not relent. He tried to flee on his bike perpetrator. and repeatedly punched Gribbin in the

DONATE TODAY. Help Life Legal protect life in the courts. (707) 224-6675 A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 11 ASK THE ATTORNEY: MEET THE ATTORNEY WHO IS SEEKING JUSTICE FOR MICHAEL GRIBBIN Allison Aranda

Life Legal reached out to John Garza, a D.C. attorney who has represented several pro-life advocates alongside LLDF recently, to help seek justice for Gribbin against his attacker.

Although Life Legal Defense Foundation What inspires you to do pro bono work Spiritual connection that happens at has its own dedicated and talented staff for pro-life related cases? birth. At that moment I had a profound attorneys, it nevertheless must rely on a change of heart. My conscience awoke I believe protecting the life of the unborn number of private attorneys across the and I knew that I had paid for the death is the most important issue Christians country to represent (often on a pro bono of my prior children. I began looking into must support. We are modern day basis) those whose pro-life activities have the pro-life movement and eventually abolitionists. Abolitionists were viciously caused them to need legal assistance, came back to my Christian roots. attacked by pro slavery advocates in and who have come to LLDF looking for the 1800s. The pro-abortion tactics are Can you see yourself getting involved that assistance. As varied as their areas of virtually the same as the pro-slavery in the future in pro-life litigation? practice and experience might be, these advocates. History repeats itself. attorneys have one thing in common: Yes, I expect more such attacks on pro- a willingness—and in some cases an What is the status of the complaint to life advocates. As the culture is turning in the D.C. Metro Police Department? eagerness—to use their legal training, our favor, pro-abortion radicals will get skills and experience in the defense of The MPD have declined to press charges. even more hostile. these defenders of life. John Garza is one We have filed a civil lawsuit against What advice would you give to an such attorney. Chasan alleging one count of committing attorney who is considering doing pro a battery and one count of committing a bono pro-life work? Garza received both his bachelors degree hate crime. The complaint seeks damages What are you waiting for? There is much and his law degree from the University for the pain and suffering Gribbin to do! Lawyers naturally think about of Maryland. He was admitted to the sustained and punitive damages because their career, their accolades, and their Maryland State Bar in 1982. Since that Chasan acted with hate toward Gribbin fortune. The Bible tells us to count it all time he has developed an active practice due to his religious beliefs and political lost for the sake of the Gospel. We are not specializing in brain injury cases and affiliation. We hope to have a trial in to store up our treasures here on earth. other personal injury cases. Garza late 2020. Rather, we are to take up the cross and has been named a “Super Lawyer” fight for the voiceless, the powerless, and in Maryland and one of the top trial To Whom or to what do you attribute your strong pro-life convictions? the least of these in our communities. lawyers in Washington D.C. Garza lives in You may not win every battle, but God Rockville, Maryland. I am post abortive and supported abortion until my first daughter was calls us to fight no matter the outcome. born. If you have a child, you know the 12 LIFELINE WINTER 2020

NOW WILL NURSES ONLY PREVENT SOME SUICIDES?

Wesley Smith

The American Nursing Association has stalwartly supported suicide prevention throughout its history.

In 2015, an article in the Association’s Online Journal of Issues in Nursing recognized nurses’ vital role in suicide prevention. From “Suicide Assessment and Nursing”:

RNs are in a prime position to detect The literature suggests that as more unethical practice: and prevent suicidal behaviors due to nurses are trained in the prevention Nurses, individually and their numbers and strategic placement of suicide, more lives can be saved. collectively, have an obligation in communities. Dr. M. Justin Coffey Training RNs should become a to provide comprehensive and (in Wood, 2010) notes that “Nurses primary goal across the globe to compassionate end-of-life care serve the most vital role [in preventing prevent suicides and improve patient which includes the promotion of suicide] because they spend more care. comfort and the relief of pain and, time with patients than any other Notice, the paper did not differentiate at times, forgoing life-sustaining health care worker. . . . We need to feel between healthy, ill, or disabled suicidal treatments. The American Nurses comfortable talking about suicide in patients. It discusses prevention in Association (ANA) believes that the the same way we are in talking about hospital settings, for example. In other nurse should not participate in assisted chest pain” (para 2). RNs must be words, nurses were declared integral to suicide. Such an act is in violation of educated and trained to successfully preventing suicide across the board, as the Code for Nurses with Interpretive assess, evaluate, treat, and/or refer indeed, they are. Statements (Code for Nurses) suicidal patients. Missing a suicidal and the ethical traditions of the patient is lethal. . . . The ANA historically opposed any nurse profession. participation in assisted suicide as an A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 13

That’s absolutely right and consistent with the goal of preventing all suicides. THE NURSE SHOULD But here’s the problem. The leadership REMAIN NON-JUDGMENTAL of organized medicine and mainstream bioethicists are increasingly joining the WHEN DISCUSSING END progressive ideological coalition. Thus we should be disheartened—but not OF LIFE OPTIONS WITH surprised—that the leadership of ANA PATIENTS, WHO ARE also wants to jump in the progressive pool by abdicating the nurse’s role in EXPLORING AID. preventing all suicides.

Instead of pursuing universal prevention, when it comes to terminally ill patients contemplating assisted suicide, a draft ethics opinion declares that a nurse’s duty is to be “non-judgmental.” (“AID” Therefore, the ANA supports that: included all patients at risk for suicide, not just some. stands for “aid in dying,” the political 1. The nurse should remain non- euphemism for suicide committed with judgmental when discussing end I hope the membership of the ANA a doctor’s complicity). From the draft of life options with patients, who will oppose their leaders’ attempt to statement (again, my emphasis): are exploring AID. . . . accommodate the culture of death. If nurses become “non-judgmental”—e.g., Patients expect nurses to be able 2. The nurse must have self- indifferent—to some suicides, the to discuss all end of life options. awareness of his/her personal consequent failure to request specialized An understanding of the ethical values regarding AID and how preventative interventions could become issues surrounding AID is essential these values might affect the the precipitating omission that sends to support patients in making patient/nurse relationship. . . . informed end-of-life decisions. some suicidal patients into the abyss. 5. The nurse must protect the Nurses should be aware of ethical confidentiality of the patient who arguments which support and [Wesley J. Smith is a senior fellow at the chooses AID. challenge AID. It is especially Discovery Institute’s Center on Human important that nurses are clear about 6. The nurse must remain non- Exceptionalism and a consultant to the the ethical foundations of their own judgmental about and protect Patients Rights Council. This article views on AID. Knowledge of one’s the confidentiality of healthcare was originally published by the National own stance helps clarify the boundary professionals who are present Review Online (http://bit.ly/2FKYxJp) between non-judgment and respect for during the AID process as well April 2, 2019, and is here reproduced by patients’ decisions, and imposition of as those who choose not to be kind permission of the author.] personal values. present. If a nurse calls in suicide-prevention services for a suicidal patient whose Talk about “terminal nonjudgmentalism!” baby died, should that be considered an “imposition of personal values?” Of The ANA draft position paper is a call SUPPORT LIFE LEGAL WHEN course not! It is fulfilling the nurse’s duty for nurses to betray Hippocratic values YOU SHOP AT AMAZON! to care for all patients equally. The same and abandon terminally ill (for now, Please select Life Legal Defense Foundation should be true for patients requesting the list will expand over time) suicidal as your charitable organization: smile.amazon.com assisted suicide. patients to their darkest desires. It is a direct contradiction of the call in the Alas, the ANA proposal would have 2015 paper to “refer suicidal patients” nurses stand down when terminally ill for prevention services, a mandate that patients contemplate assisted suicide: 14 LIFELINE WINTER 2020

CONTINUED FROM PAGE 3

gain entrance to abortion industry “I mean, literally, to determine that injured in an abortion was transported conferences and meetings, since their somehow tissue is coming from what to the emergency room. Despite names were already associated with they call, quote, ‘born-alive fetuses’ who Nucatola’s efforts, the woman bled to pro-life work. The defendants did presumably are born alive and then death. Nucatola claims she became an create the front company BioMax for murdered? Does that make sense to abortionist with Planned Parenthood in their undercover project. But Planned you? Is it reasonable for Mr. Daleiden to order to provide “quality” abortions, so Parenthood failed to take appropriate believe that? It’s simply not reasonable.” that women wouldn’t die from shoddy security measures and accepted without procedures. What she always leaves Actually, it is reasonable. Daleiden question Daleiden’s obviously fake ID, out of the story is that the woman died testified that he had consulted with Dr. a scan of an expired driver’s license he from an abortion performed at Planned Theresa Deischer, who earned her PhD printed on his home computer. No one Parenthood Los Angeles. In re-telling the in molecular and cellular physiology from Planned Parenthood’s supposedly story, Kamras conveniently left that detail from Stanford, and learned that “the only stellar security team checked to find out out, too. Instead he said that after the way for the Langendorff perfusion [the whether anyone in the organization had videos came out, Nucatola’s “life changed technique used in the Stanford study] to ever heard or conducted business with forever” and she became the “national work is to have a beating human heart.” “Robert Sarkis” or “Susan Tennenbaum,” face of abortion,” which was “inherently Daleiden and Merritt’s respective aliases, Trotter then put up slides of the verdict dangerous.” or BioMax. If this case were about form and, using an animated green Kamras also failed to mention that anything else—e.g., using a fake driver’s checkmark, instructed the jury to mark Nucatola has a public LinkedIn page license to get into a meat-packing plant yes (i.e., guilty) for every defendant on advertising her practice as a late-term to expose animal welfare violations—it every claim. abortionist and that she has served as a would be absurd to claim that producing Her colleague Jeremy Kamras was, if spokesperson for Planned Parenthood a false ID is a federal offense, let alone a anything, even more emotion-based. in numerous widely publicized media form of racketeering. He showed charts that totaled Planned interviews. In other words, Nucatola Abortion distortion is real. Parenthood’s alleged damages and told was already one of the national faces the jury to award the entire amount of abortion before the videos were ever Trotter also asserted that the defendants Planned Parenthood was asking for—a aired. In another hearing, Nucatola

Just as the public fell for Planned Parenthood’s brazen denials after the videos came out, so too the jury fell for Planned Parenthood’s brazen accusations.

lied when they said that their total of $630,000. But that wasn’t testified that she was not concerned motive was to uncover illegal activity by enough for Planned Parenthood. Kamras about the videos being published because Planned Parenthood. No, she said, their then urged the jury to award punitive she believed she had done “nothing motive was clear: it was to ignite public damages, including “treble” or triple wrong.” outrage and “destroy Planned Parenthood the amount of actual damages for the and end abortion.” She seemed to Planned Parenthood attorney Kamras racketeering claims. think those two motives were mutually also quoted abortionist Thomas Moran exclusive. To engender sympathy for his client, who said he came to testify because Kamras retold Deborah Nucatola’s story “someone has to stand up to the bullies.” Daleiden testified that one of the reasons about why she became an abortionist. Kamras urged the jury to likewise “stand he went undercover was his horror at Early in her career, she was a resident up to the bullies,” to “stand up to the liars discovering a Stanford research study on call at a Los Angeles-area hospital and fraudsters” and mark yes for every that, as he understood, used still-beating when a woman who had been seriously claim for every defendant, because “If fetal hearts. Trotter asked the jury, A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION 15

you don’t stop them, they intend to continue.” LIFE LEGAL URGES U.S. SUPREME

In their closing arguments, the pro-life defense attorneys, COURT TO UPHOLD LAW including Life Legal’s Katie Short, exposed the gaping holes PREVENTING MORE GOSNELLS in Planned Parenthood’s case. They pointed out, for example, that Planned Parenthood failed to provide evidence for many Life Legal filed two Supreme Court briefs last week in support of its alleged taping “victims,” i.e., no testimony had been given of a Louisiana law requiring abortionists to hold hospital and no video shown had been shown in court to establish the admitting privileges so they can tend to their patients claim. Planned Parenthood did not even mention some of the when complications arise. Several abortionists filed a legal challenge to the law, saying it imposes an “unconstitutional “victims’” names during the trial. undue burden” on the so-called right to abortion. In another example, Planned Parenthood sought reimbursement We filed our first brief on behalf of former Planned for Dr. Nucatola’s security guards, which it said was based Parenthood director Abby Johnson and author Terry Beatley, on trespass and breach of contract claims. The defense team who published a book on Dr. Bernard Nathanson—an showed that the recording of Nucatola’s lunch meeting abortionist who later became a pro-life champion. Dr. with David Sandra Merritt took place before any alleged Nathanson was known as the father of the abortion industry trespass or signing of contracts. The defense also pointed out until his eyes were opened to the humanity of preborn that Planned Parenthood’s biggest ticket items in terms of children through ultrasound. Nathanson grieved that he damages—the security upgrades supposedly needed to prevent had committed over 75,000 abortions: “I know every facet future infiltrations—were actually an investment for Planned of abortion…I helped nurture the creature in its infancy by Parenthood, not a loss. feeding it great draughts of blood and money.” In the brief, we argue that the Louisiana abortionists do not But our defense landed on deaf ears. have legal standing to bring the lawsuit which they claim is Just as the public fell for Planned Parenthood’s brazen denials for the benefit of their patients. These abortionists do not after the videos came out, so too the jury fell for Planned care about women’s safety. They are on record as opposing Parenthood’s brazen accusations. With some minor exceptions, all restraints on abortion. One of the abortionists even the jury filled out the verdict form almost exactly as it had been filed a lawsuit to abolish every single abortion restriction in Louisiana, including such common-sense provisions as instructed to do by Planned Parenthood’s attorneys. Nearly requiring abortion providers to give women instructions on every defendant was found guilty—and financially liable—for follow-up care. These “doctors” don’t want any laws hindering every claim and the jury awarded a total of $2.2 million in them from their murderous practice so they can keep the damages to Planned Parenthood, including the $870,000 in blood money flowing. punitive damages discussed above. Our second brief was filed on behalf of the National Hispanic It is important to note that while the outcome was shocking— Christian Leadership Conference and Operation Rescue, even Judge Orrick was stunned as he read the jury’s verdict—it which monitors the practices of abortionists and investigates could have been much, much worse. Katie Short filed a motion violations—including those that led to Kermit Gosnell’s before the trial showing that Planned Parenthood fabricated conviction for murder! claims of a “surge” in threats and violence against abortionists We argue that requiring admitting privileges is a “legitimate following the release of the videos. As a result, Judge Orrick and necessary tool in the toolbox of legislatures” to make did away with many of Planned Parenthood’s damages claims sure abortionists like Kermit Gosnell are not allowed to stay before the trial even began. Although $2.2 million is a hefty in business. We know from the Gosnell case that abortionists damage award, the total could otherwise have been in the tens frequently—and flagrantly—violate local health ordinances, of millions. in part because local officials often fail to adequately enforce patient safety regulations. Life Legal vigorously defends “While we had hoped that the trial would deal a final knock- state laws like Louisiana’s to ensure that abortionists are not out blow to this lawsuit,” Short said, “it is clear that Life Legal’s allowed to operate in the shadows. work is not done yet. We successfully eliminated most of The Supreme Court will hear oral arguments in the Louisiana Planned Parenthood’s case before trial. The next step is post- case, June Medical Services v. Gee, on March 4, 2020. trial motions to strip away more of its claims—what’s left will have to be dealt with by the Ninth Circuit.” Please stand with us to uphold laws protecting innocent preborn children by making generous ______gift today! We are so very grateful for your 1BioMax is the name of a fetal tissue procurement company established by support! lldf.org/donate CMP to gain entrance to abortionist trade conferences. LIFELINE

A PUBLICATION OF THE LIFE LEGAL DEFENSE FOUNDATION

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