Day 15 of Planned Parenthood’s retaliatory lawsuit against CMP undercover investigators included testimony from a Planned Parenthood-hired accountant and PPFA’s Director of Events and Conferences, Brandon Minow, about the payout Planned Parenthood is seeking for upgrades to its own deficient conference screening and vetting:
- Greg Regan, a local CPA hired by Planned Parenthood Plaintiffs, testified that Planned Parenthood seeks $630,213 from CMP in the lawsuit to pay for updates to its deficient conference admission protocols. The vast majority of that money is fees to consulting firms, with $44,000 for media monitoring, $108,600 for reviewing PPFA’s vetting practices, $53,000 for security consulting, and $29,000 for guard services for events that CMP investigators didn’t attend.
- Regan testified that he is not a security expert and that his findings did not indicate whether the security updates were necessary or not. He also admitted that he had no knowledge of what kind of money Planned Parenthood was spending on security costs before the release of the undercover videos.
- PPFA’s Director of Events and Conferences Brandon Minow revealed PP holds approximately 80 events per year, including fundraisers and 30 or so conferences. Minow revealed most of PP’s events are held at hotels because they attempt to make the space “feel private in the middle of the hustle and bustle of hotel space.”
- Both Regan and Minow admitted that the reason Planned Parenthood felt it needed to upgrade its screening and vetting protocols was because the undercover videos made typical conference attendees feel uncertain about continuing to attend Planned Parenthood events. This is a clear example of loss of barred “repetitional harm” from the publication of the videos–a loss of consumer confidence resulting from the deficiencies exposed in Planned Parenthood’s conference protocols.
Proceedings continue at 8 A.M. on Tuesday, November 5, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
On day 14 of Planned Parenthood’s retaliatory lawsuit against CMP undercover investigators, Plaintiff PPFA’s conference organizer, the National Abortion Federation’s Security Director, a Planned Parenthood-paid “expert”, and Plaintiff Planned Parenthood of the Rocky Mountains’ in-house lawyer, each took the witness stand in San Francisco federal court.
- Vikky Graziani, PPFA’s former conference planner, revealed to defense attorney Harmeet Dhillon that she registered CMP’s undercover subsidiary BioMax Procurement Services, LLC to exhibit at PPFA’s North American Forum on Family Planning in Miami simply based on Dr. Deborah Nucatola’s recommendation. Graziani could not name any follow up vetting that she relied on to admit BioMax other than a conversation with Dr. Nucatola that she could not recall in detail.
- Graziani also called NAF’s vetting process and security procedures for Exhibitors the “gold standard.” When asked what she knew about the vetting process for Exhibitors like BioMax, Graziani testified she had no knowledge of NAF’s vetting process but that she thought “NAF security” was in charge of it.
- Graziani admitted that PPFA’s conference check-in staff were never trained to identify fake IDs when presenting name badges to conference goers, and that PPFA only told Exhibitors to show “ID”, not “government ID”.
- NAF’s Security Director Michelle Davidson testified that NAF is not a party to Planned Parenthood’s lawsuit. Yet, PPFA is suing CMP et al for alleged breach of NAF contracts.
- Davidson testified, contrary to Graziani’s assumptions, that NAF Security did not do vetting of Exhibitors at the NAF trade shows that BioMax attended. When asked about what guidance NAF Security gave to NAF Group Purchasing, who was in charge of admitting Exhibitors, Davidson admitted, “We didn’t talk about vetting. Like I said, that wasn’t part of my department’s duties.”
- Davidson also admitted that she did not train NAF Group Purchasing to check an ID, and that the changes NAF made to its security procedures for conferences after the undercover videos were an “upgrade”.
- Drexel University professor and lawyer David Cohen, who represents several Planned Parenthood affiliates and gave legal advice to Planned Parenthood leadership involved in the current lawsuit, testified as Planned Parenthood’s expert on “harassment” of abortion providers. Cohen admitted he supports no legal limits on abortion up to 9 months, and that his use of false statements and psuedonyms in one of his books is protected by the First Amendment.
- Plaintiff PPRM’s lawyer Kevin Paul testified that PPRM’s main office and megaclinic has a sign posted outside it putting the public on notice any conversations taking place on the grounds of the “campus” may be recorded.
Proceedings continue at 8 A.M. on Monday, November 4, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
CMP project lead David Daleiden took the stand today for a fourth day after a weeklong break to finish his testimony about the trade in body parts from abortions.
- Defense attorneys Harmeet Dillon, Charles Limandri, and others, as well as Planned Parenthood lawyer Rhonda Trotter, questioned Daleiden for most of day 13 about the civil counts filed by PPFA against CMP et al:
§ Civil RICO (Racketeer Influenced and Corrupt Organizations) Conspiracy
§ Illegal Video Recording
§ Breach of Contract
- Dillon question Daleiden about a prominently displayed Planned Parenthood sign at PPFA’s National Conference in Washington, DC that put all attendees on notice of continuous video taping. The sign read: Planned Parenthood is photographing and/or recording this event and all attendees. By entering you agree to allow Planned Parenthood to take pictures and video of you and to use those images for any purpose, including advertising purposes, to promote the Planned Parenthood mission. If you have any concerns about this, please let our staff know or feel free to exit the premises.
- In response to LiMandri’s questioning about CMP’s purpose in the video releases, Daleiden explained at length that CMP always released the entire conversation so as not be accused of misrepresenting what was said. He also testified that no videos were spliced to make PP doctors or officials say anything they did not actually say.
- LiMandri asked Daleiden one last question, “Finally, are you proud of the work you did for CMP with this undercover investigation?” Daleiden responded, “Yes, I am.” When asked why, he gestured toward Planned Parenthood in the courtroom and replied, “Because we documented and exposed these Plaintiffs’ trafficking in fetal body parts.”
Proceedings continue at 8:00 A.M. on Friday, November 1, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
David Daleiden took the stand for all of day 12 of the civil trial Planned Parenthood vs. CMP et al. His testimony provided insight into the months of research Daleiden conducted prior to any undercover work.
- Defense attorney Charles Limandri asked Daleiden about eye-witness accounts of babies born alive. In his explanation of what Perrin Larton, Procurement Manager for Plaintiff Planned Parenthood Pacific Southwest business partner ABR, told him about her experiences harvesting fetal tissue, Daleiden said the following:
She (Larton) was describing a situation where she was specifically waiting for the abortion to finish so that she could procure the fetal organs and tissues afterwards. And she described being surprised that the patient was out of the operating room in three minutes, because that seemed like too short a time. And so she’s wondering, you know: Where’s my fetal tissue? Because I’m waiting here, and she’s gone in three minutes; what’s going on? And then the clinic told her: Well, the fetus was already in the vaginal canal; when we put her in the stirrups, it just fell out.
And so my understanding is that this — she was describing a harvesting case. A case where she was waiting for the fetus for harvesting. That would mean that the digoxin (a drug that kills the baby inside the womb) had not been used; the feticide could not be used because that would fill the fetus and spoil the organs before they could be harvested.
- Prior to going undercover, Daleiden consulted with stem cell research scientist Dr. Theresa Deisher. Dr. Deisher confirmed to Daleiden that a study from Stanford University that obtained fetal hearts from StemExpress and kept them Langendorff perfusion technique required the heart be beating at the time it was harvested from the aborted baby.
- Daleiden also testified that before launching CMP’s undercover investigation, he learned that Plaintiff Planned Parenthood Mar Monte’s abortion provider Dr. Ronald Berman was simultaneously working as the Medical Director for StemExpress, while StemExpress was buying fetal tissue from PPMM.
- Defense attorney Harmeet Dhillon questioned Daleiden about the exhibit contracts from the National Abortion Federation trade shows. Planned Parenthood has made the NAF contracts central to their case, but the NAF contracts never mention Planned Parenthood as a party to the agreement, and are written as regulations for the order of trade show event, not ongoing proprietary secret agreements.
Proceedings continue at 8:00 A.M. on Thursday, October 31, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
Planned Parenthood lawyer Rhoda Trotter continued her direct examination of David Daleiden in day 11 of the civil trial in San Francisco, attempting to develop a narrative that CMP investigators carelessly recorded everyone they came across in a desperate attempt to find evidence of crimes. However, this narrative attempt was based on gross departures from the facts to which Daleiden testified. The following exchanges are examples of what transpired today:
- After playing a video never before released by CMP but played by the Plaintiff’s during today’s proceedings the following exchange ensued:
Trotter: …You had no reason to believe that the person that we just saw in that video had committed any crime; correct?
Daleiden: No. This was a friendly conversation in public.
Trotter: But you taped her anyway?
Daleiden: I think — you know, I taped a friendly conversation that we had in public and, for the record, this is a video that I have never released. This is the first time that this video has ever been played, you know, by the plaintiffs publicly in this courtroom…
- In another exchange, Planned Parenthood counsel attempted to mischaracterize Daleiden’s words on a video tape:
Trotter: Mr. Daleiden, you would agree, would you not, that trying to find evidence of a crime at these various conferences was like trying to find a needle in a haystack?
Daleiden: No, I would not agree with that. There were quite a lot of conversations and admissions that the people that I spoke to at those conferences made that I think are very disturbing and that I — that needed to be reported.
Planned Parenthood played a 3-4 second clip in which Daleiden states “what we are trying to do” is like trying to find a needle in a haystack.
Trotter: Mr. Daleiden, that was you and Mr. Lopez having that discussion that we just saw; correct?
Daleiden: As I remember, that was me and Adrian talking about how difficult it was to find Dr. Laura Dalton at that meeting. Because Dr. Nucatola was trying to introduce her to us, but nobody could find her.
Trotter: And you used the words “it’s like finding a needle in a haystack what we’re trying to do;” correct?
Daleiden: In reference to trying to find somebody in an extremely crowded outdoor public area, someone trying to find someone that you never met before and didn’t know what they looked like.
- When Trotter concluded direct examination, she was followed by CMP counsel Charles LiMandri. LiMandri asked Daleiden what informed his decision to go undercover. Daleiden indicated this ABC 20/20 report on fetal body parts sales led him to believe another more extensive undercover investigation was necessary since nothing had been done since ABC’s segment first aired.
Proceedings continue at 8:00 A.M. on Wednesday, October 23, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
PPFA CAPS Director Jen Castle, Director of Medical Standards June Gupta, and CMP’s David Daleiden took the stand today. Daleiden was brought to the stand by Planned Parenthood in what will likely be several days of testimony and cross examination.
- Both Castle and Gupta testified that Planned Parenthood did not get permission from them to bring the lawsuit against CMP et al on their behalf.
- Defense attorney Paul Jonna asked PPFA’s Director of Medical Standards June Gupta in cross examination whether she was concerned by comments made by PPFA’s Dr. Deborah Nucatola and PPOSBC’s Dr. Jennefer Russo discussing the change of medical procedures to harvest more intact fetal body parts, Gupta stated she was not concerned.
- Gupta also revealed Nucatola directed her to connect StemExpress and to other PP affiliates for potential business partnerships.
- PP attorney Rhonda Trotter began questioning David Daleiden mid-morning. Most of Trotter’s questions were related to CMP and Biomax founding documents as well as Daleiden’s Human Capital Project, the undercover baby body parts trafficking investigation.
- Trotter attempted to elicit an answer from Daleiden as to whether or not Biomax would ever carry out its supposed business purpose to procure baby body parts. Daleiden said ultimately there was no ethical and legal justification for Biomax to do so.
- Disturbed by what he saw during his investigation, Daleiden testified to having held aborted baby body parts in his hands while visiting both Planned Parenthood Gulf Coast in Texas and Rocky Mountains in Colorado.
The proceedings continue at 8 A.M. on Tuesday, October 22, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
Plaintiff Planned Parenthood Federation of America’s Chief Operating Officer Melvin Galloway testified for most of Day 9 on PPFA’s damages claims in the lawsuit. Plaintiff Planned Parenthood Gulf Coast’s Ambulatory Surgical Center Administrator Tram Nguyen gave testimony via videotaped deposition.
- Galloway claimed Planned Parenthood cares about “openness” and referenced this as a “value” multiple times, indicating the organization had nothing to hide. But when asked by the defense about Planned Parenthood’s commitment to transparency, Galloway failed to recall his previous testimony.
- Galloway testified that Planned Parenthood is seeking nearly $600,000 in compensation from CMP for various security upgrades. Included in the damages bills Galloway approved for the lawsuit is money spent on security for political fundraisers, house parties, and other events as well as online social media monitoring services for former CEO Cecile Richards. Nearly $400,000 in invoices are consulting fees to review and make more thorough screening and vetting protocols for newcomers to Planned Parenthood conferences. Galloway was shown an email from Plaintiff Planned Parenthood of the Rocky Mountains CEO Vicki Cowart shortly after the undercover video release, in which PPRM told PPFA that a simple Google search would have alerted conference organizers to the fact that BioMax had no physical address. Galloway discounted PPRM’s suggestion that PPFA was never even doing basic review of new exhibitors at conferences and suggested that PPFA simply had too many exhibitors at conferences to vet them all.
- During Galloway’s cross examination, it was revealed PP has over $1.8 billion worth of assets and an operating budget of $1.5 billion.
- Tram Nguyen testified that she believed what she told BioMax representatives was confidential because of the PPGC NDA, but then admitted she never knew about the NDA itself at the time of the conversations and never identified any information as confidential before disclosure as required in the agreement.
- Nguyen testified that after BioMax emailed PPGC a draft contract that would pay $750 for fetal livers and $1600 for paired liver and thymus from the same fetus, Nguyen forwarded the draft to her supervisor Dyann Santos and stated she wanted to move forward with the agreement.
The proceedings continue at 8 A.M. on Monday, October 21, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
Om Day 8 of the jury trial in Planned Parenthood’s federal civil lawsuit, witnesses for Plaintiff Planned Parenthood Gulf Coast lent little credibility to the Houston, TX abortion center’s legal claims.
- Jeffrey Palmer, the CFO of PPGC, testified that CMP investigators only entered PPGC facilities by invitation and not by force. He also testified that defendants did not destroy, vandalize, or cause any damage to the $16 million facility.
- PPGC tried to base several claims off of a non-disclosure agreement signed by BioMax with PPGC prior to the site visit, which specified that any information to be treated as “confidential” must be “identified at the time of disclosure.” PPGC’s Vice President of Research, Melissa Farrell, testified via deposition video that she could not and did not identify any class of information that was “confidential” in her discussions with CMP undercover investigators. In fact, undercover video played of the meeting shows Farrell explicitly telling the BioMax representatives that they will not be discussing anything confidential at the site visit.
- PPGC’s Bonnie Smith, former Vice President of Medical Services, testified that a brief undercover video of her in which she discusses PPGC’s “off and on” history of supplying fetal organs and tissue for experimentation was never released publicly, and that she did not find out it even existed until after Planned Parenthood’s lawsuit was filed. She did not receive any threats or harassment because of the filming.
The proceedings continue at 8 A.M. on Friday, October 18, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
Day 7 included Defense cross examination of Planned Parenthood Orange & San Bernardino Counties’ CEO Jon Dunn, and the sworn testimony of Dr. Deborah Nucatola, Planned Parenthood Federation of America’s previous Senior Director of Medical Services who described criminal partial-birth abortion procedures for fetal organ sales in the first CMP video release. Deborah VanDerhei, PPFA’s Vice President of Abortion Access, gave testimony via videotaped deposition.
- Dunn acknowledged under oath that neither David Daleiden nor any CMP videos ever called for any violence or physical harm against Planned Parenthood or its affiliates.
- Dr. Nucatola testified that Planned Parenthood Federation of America never got her authorization to bring claims in its lawsuit on her behalf. Dr. Nucatola has not worked at PPFA during most of the litigation in PPFA’s lawsuit.
- Dr. Nucatola also testified that she relied on the National Abortion Federation’s alleged “vetting” of conference exhibitors to engage with CMP undercover actors representing BioMax Procurement Services, because she believed NAF was the “gold standard” for security in the abortion industry. However, Dr. Nucatola testified that to this day she has no knowledge of what if anything nAF actually does to “vet” exhibitors at its trade shows.
- For the first time in open court, the Defense played for the jury approximately 4 and a half minutes of Dr. Nucatola’s conversation with CMP undercover investigators at a public restaurant in Los Angeles, in which she described using ultrasound guidance to flip a baby in the womb to feet-first breech position, in order to extract the baby intact and harvest whole, fresh organs. On the clip, Dr. Nucatola states, “We’ve been pretty successful with that, I’d say.” Dr. Nucatola testified under oath that when this video was released in 2015, she “felt the content was no big deal” and that she didn’t think she said anything inappropriate on the video.
- Deborah VanDerhei, head of PPFA’s Consortium of Abortion Providers, testified in her sworn deposition that when Planned Parenthood Gulf Coast’s Research Director Melissa Farrell came to her and Dr. Nucatola with suspicions about the undercover CMP investigators at BioMax, Dr. Nucatola assured them that their suspicions were unfounded. VanDerhei also testified that when she had further suspicions about BioMax at the 2015 NAF trade show, she told NAF about it–but did not tell Planned Parenthood–and NAF said they would follow up, but then never did.
The proceedings continue at 8 A.M. on Thursday, October 17, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.
Day 6 of the civil trial against CMP by Planned Parenthood yielded significant on-the-record testimony from Dr. Mary Gatter, former medical director Planned Parenthood Los Angeles, and Jon Dunn, CEO of Planned Parenthood Orange & San Bernardino Counties, former business partners of the DaVinci companies who were shut down for illegally selling fetal organs and tissues from PPOSBC:
-Dr. Gatter described PPLA’s fetal tissue program with Novogenix Laboratories, acknowledging PPLA was “used to getting a set fee for each specimen” harvested. On cross examination, Dr. Gatter admitted that PPLA never complied with PPFA’s national guidelines that affiliates engage an independent auditor to make sure fetal tissue payments were merely reimbursements and not illegal profit or valuable consideration.
-Dr. Gatter described Planned Parenthood Federation of America’s screening process for trade show exhibitors at the time of CMP’s undercover investigation was “inadequate”.
-The undercover videos filmed of conversations with Dr. Gatter took place at a cocktail reception at an outdoor hotel pool, another reception in a hotel mezzanine, and at a restaurant, among other places of public accommodation. Dr. Gatter admitted cocktail lounges, restaurants, and elevators are all public places, as recognized by PPFA-issued conference security guidelines.
-Jon Dunn, president of Planned Parenthood of Orange and San Bernardino Counties, also testified that Planned Parenthood Federation of America’s screening process for trade show exhibitors was “inadequate”.
The proceedings continue at 8 A.M. on Wednesday, October 16, in San Francisco Federal District Court at 450 Golden Gate Ave, San Francisco, CA 94102, in Courtroom 2 on Floor 17.