Antiabortion activist spurns plea-deal offer

HOUSTON - An antiabortion activist's plan to reject a plea deal offering probation for charges related to making undercover Planned Parenthood videos likely means his goal is to use a trial as a public platform to criticize the nonprofit group, according to legal experts.

David Daleiden surrendered to authorities, posted $3,000 bond, and made two court appearances Thursday on the felony and misdemeanor charges he faces before prosecutors offered him pretrial diversion, a form of probation that would keep him out of prison and ultimately have the charges dismissed.

But Terry Yates, one of Daleiden's attorneys, said Daleiden isn't interested in accepting the plea offer and is prepared to head to trial if he can't quash the indictment.

"The only thing we're going to accept right now is an apology," he said.

The pretrial diversion, also offered to Daleiden's codefendant and fellow activist Sandra Merritt, is the "right thing to do" and a common offer for first-time nonviolent offenders, Harris County District Attorney's Office spokesman Jeff McShan said. But he also said prosecutors are ready to proceed to trial and that "our case is strong."

Attorneys for Merritt, 62, who turned herself in Wednesday and was freed on $2,000 bond, have not indicated whether she would take the probation offer. One of them, Dan Cogdell, didn't reply to phone calls seeking comment Thursday.

After his court appearances, Daleiden briefly spoke to about 30 cheering supporters who had gathered at a rally outside the courthouse in Houston, thanking them and saying there will come a day "when there is no longer a price tag put on human life."

Daleiden, 27, who has described himself as a "citizen journalist," also criticized Texas authorities for not prosecuting Planned Parenthood.

The decision by Daleiden and his legal team to not accept the plea offer likely means the activist wants to use a trial to promote his cause, said Joel Androphy, a Houston defense attorney not connected to the case.

"If they take a plea, then their whole purpose of doing this goes down the tubes," he said. "This is about a mission. The mission is to show Planned Parenthood did something wrong. Even though they are on trial, they are going to be prosecuting Planned Parenthood during their defense."

Planned Parenthood spokesman Eric Ferrero said Thursday that "the wheels of justice have only begun to roll," and that the group doesn't "expect this to be the last time these extremists are booked and fingerprinted."