Sandra Merritt Moves to Dismiss Criminal Charges

Aug 22, 2017

SAN FRANCISCO, CA - Sandra "Susan" Merritt filed a reply today in support of her Motion to Dismiss counts 1-14, in which she asked the San Francisco Superior Court to dismiss the politically-motivated criminal charges brought against her by the State of California.

Liberty Counsel is defending Merritt and seeks dismissal of the 14 felony charges brought against her for her undercover work in exposing Planned Parenthood's unethical and potentially illegal profiteering from the sale of aborted baby body parts. The Court had previously agreed with Liberty Counsel that the criminal complaint filed by Attorney General Xavier Becerra against Merritt was legally defective and dismissed 14 of the 15 counts. The Court and California law granted the Attorney General 10 days to attempt to correct the defects and re-file the charges, but the Attorney General failed to file any amended complaint in Merritt’s case within the required deadline.

The Attorney General now claims that his failure to timely file an Amended Complaint was a mere "clerical error," that should be "corrected" by the Court. However, Liberty Counsel’s reply demonstrates that California law is clear and unforgiving, mandating that the belated charges be dismissed. If California’s top attorney, with the full resources of the state, could not manage to bring his political charges within the required deadline, no court has the power to fix that “error.” Dismissal is the only remedy.

Horatio Mihet, Liberty Counsel's Vice President of Legal Affairs and Chief Litigation Counsel, said, "The Attorney General – California’s top lawyer with a staff of 4,500 and an annual budget in excess of $800 million – has no excuse for his inability to comply with clear and simple legal requirements in the high-profile political prosecution he has chosen to bring against Sandra Merritt. This bogus case must be dismissed," said Mihet.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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