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Court rules Daleiden's undercover videos caused 'substantial harm' to Planned Parenthood

San Francisco, Calif., Nov 15, 2019 / 03:05 pm (CNA).- A pro-life organization said that “justice was not done,” after a federal court found that pro-life advocate David Daleiden’s Center for Medical Progress caused “substantial harm” to Planned Parenthood by secretly recording meetings with abortion doctors and staff to expose their business practices.

“Justice was not done today in San Francisco. While top Planned Parenthood witnesses spent six weeks testifying under oath that the undercover videos are true and Planned Parenthood sold fetal organs on a quid pro quo basis, a biased judge with close Planned Parenthood ties spent six weeks influencing the jury with pre-determined rulings and suppressing the video evidence, all in order to rubber-stamp Planned Parenthood’s lawsuit attack on the First Amendment,” the Center for Medical Progress said Nov. 15

“This is a dangerous precedent for citizen journalism and First Amendment civil rights across the country, sending a message that speaking truth and facts to criticize the powerful is no longer protected by our institutions,” the group added.

The federal court in San Francisco has ordered Daleiden’s organization to pay Planned Parenthood $870,000 in punitive damages.

The decision was issued Nov. 15, after U.S. District Court Judge William Orrick ordered the jury to find Daleiden guilty of trespass on several separate occasions in the course of his work.
 
“I have already determined that these defendants trespassed at each of these locations. Because I determined that these defendants trespassed, the law assumes that Planned Parenthood has been harmed and is entitled to an award of nominal damages such as one dollar for each trespass,” Orrick told the jury on Thursday, leaving jury members only with the determination of how much to award the abortion provider.
 
Daleiden’s lawyers argued that he was investigating violent felonies committed against children born alive in Planned Parenthood facilities. They had previously petitioned to have Orrick removed from the case, alleging bias on the part of the judge.
 
During the six-week trial, Orrick ruled that jurors could not take into account any information discovered by Daleiden in the course of his investigation which would retrospectively justify his actions, but only the information he possessed when he began his work in 2012.
 
Planned Parenthood's legal team told the court that Daleiden’s actions were “not to find crimes, and it was not about journalism. It was about using any means, including illegal means, to destroy Planned Parenthood.”
 
The jury found that Daleiden’s work showed the “requisite malice” needed to award punitive damages.
 
The suit concerns covert recordings made by Daleiden and Sandra Merritt, who posed as representatives of an invented human tissue company called BioMax to meet with Planned Parenthood personnel. Beginning in 2015, the Center for Medical progress released a series of videos of the meetings which allegedly demonstrate the illegal sale of body parts and fetal tissue from aborted babies.

The released videos appeared to show various Planned Parenthood and StemExpress executives discussing, often callously, their methods for obtaining and selling fetal body parts. Daleiden alleged that Planned Parenthood was profiting from these sales, which is illegal under federal law.

Planned Parenthood, the largest abortion provider in the U.S., has said it abides by all relevant laws and has charged that the videos were deceptively edited. It faced a congressional investigation into the allegations related to the videos.

Soon after the Center for Medical Progress videos were released, Planned Parenthood’s lobbying arm, the Planned Parenthood Action Fund, launched an emergency response campaign, with initial costs projected at $7 to $8 million in partnership with allies and funders such as the Open Society Foundations, the Hewlett Foundation, and the Democracy Alliance.
 
The Center for Medical Progress has faced several lawsuits seeking to halt the release of the videos. Legal charges against two of its members were dropped in Texas.
 
In April the U.S. Supreme Court declined to hear an appeal seeking to dismiss a lawsuit against Daleiden and the Center for Medical Progress on the grounds of First Amendment freedoms.

Ukrainian auxiliary bishop of Philadelphia retires at 75

Philadelphia, Pa., Nov 15, 2019 / 02:45 pm (CNA).- The resignation of Bishop John Bura, an auxiliary bishop of the Ukrainian Archeparchy of Philadelphia, was accepted Nov. 15, five months after Bura turned 75.

The archeparchy is led by Archbishop Borys Gudziak, with the assistance of Auxiliary Bishop Andriy Rabiy. It also has two archbishops emeritus.

Bura was born in Germany in 1944, and was ordained a priest of the Philadelphia archeparchy in 1971. He was appointed as an auxiliary bishop of the archeparchy in 2006.

The Ukrainian Archeparchy of Philadelphia includes the District of Columbia, Virginia, Maryland, New Jersey, Delaware, and eastern Pennsylvania, and serves around 13,000 faithful in 62 parishes and two missions. It has three suffragan eparchies, in Parma, Chicago, and Stamford.

Rockville Centre diocese challenges Child Victims Act over due process

Rockville Centre, N.Y., Nov 15, 2019 / 01:31 pm (CNA).- The Diocese of Rockville Centre filed a suit challenging New York's Child Victims Act on Tuesday, claiming it is barred by the due process clause in the state constitution.

The act opened a one-year window for adults in the state who were sexually abused as children to file lawsuits against their abusers. It also adjusted the statute of limitations for both pursuing criminal charges and civil suits against sexual abusers or institutions where the abuse took place.

The diocese's motion, filed Nov. 12 in the New York Supreme Court in Nassau County, says that “the Due Process Clause allows the legislature to revive formerly time-barred claims only where they could not have been raised earlier,” which it adds “is not so here.”

“The formerly time-barred claims revived by the legislature pursuant to the Child Victims Act all could have been brought within the then-applicable three- or five-year period, after plaintiffs attained the age of majority,” according to the diocese.

The diocese added that the state Court of Appeals “has held that the Due Process Clause allows for the exercise of what it has characterized as an exceptional legislative power 'to remedy an injustice' created by circumstances that prevented the assertion of a timely claim.”

It said claims under the Child Victims Act “do not fit within the scope of this narrowly circumscribed legislative authority.”

The one-year window opened Aug. 14.

The Child Victims Act was signed into law Feb. 14 by Gov. Andrew Cuomo. In addition to opening a one-year window for suits, it allows child abuse victims to file criminal charges up to age 28, and lawsuits up to age 55. Previously, they had until the age of 23 to file charges or a civil claim.

Other New York dioceses have not indicated they would challenge the act.

Sean Dolan, spokesman for the Rockville Centre diocese, said the diocese is committed to providing “pastoral care and equitable compensation” to child sex abuse victims through its independent reconciliation and compensation program.

As of August, that program had paid a little more than $50 million to 277 claimants since its 2017 institution. Between 75 and 80 claims were still being processed, and 370 people had filed claims with the program.

The spokeman added that “the diocese supported the CVA as a mechanism for all survivors of sexual abuse to seek redress through the court system for sexual abuse – that took place in any organization, municipality or organization. At the same time, the diocese supports the rule of law and, in particular, the rights of all citizens of this state to have access to the courts and to invoke the protections afforded to all of them by our laws of civil procedure and the New York state Constitution. The diocese’s motion and its brief present these important issues to the judiciary for resolution.”

The Times Union reported Nov. 13 that nearly 1,100 cases have been filed under the Child Victims Act.

The day the one-year lookback was opened, Bishop Robert Guglielmone of Charleston was named in a lawsuit accusing him of sexually abusing a young man while he was a priest of the Rockville Centre diocese, starting in 1978. The bishop has said he is innocent of the accusation.

In January, Dennis Poust, director of the New York Catholic Conference, told CNA the conference had not opposed the final version of the act, which provided the same protections for child abuse victims in public insitutions, including schools, as it did for private institutions.

Earlier versions discriminated between public and private institutions, but once that was amended “the conference dropped any opposition to its passage,” he said.

When the bill was passed, the New York bishops issued a joint statement saying, “We pray that the passage of the Child Victims Act brings some measure of healing to all survivors by offering them a path of recourse and reconciliation.”

The Diocese of Rockville Centre said Aug. 14 that it “takes seriously and investigates all allegations of sexual abuse … While the ultimate effects of the Child Victims Act on the Diocese of Rockville Centre and its parishes are not yet known, and may not be known for some time, we expect the daily work of the diocese’s many ministries to continue uninterrupted. Bishop Barres and his leadership team at the Diocese of Rockville Centre have been working for months with financial and legal experts to prepare for this day.”

In preparing for the one-year window, the diocese created an independent advisory committee in May “to review its financial position and related party transactions.”

“The diocese has diligently prepared over the last several months to meet the challenges presented by the Child Victims Act, while ensuring it continues to meet its responsibilities to parishioners and its ministries. The diocese also continues its efforts to extend to survivors of abuse: pastoral care, healing and support services,” it stated.

Bishop John Barres of Rockville Centre said Aug. 11 that “we have worked diligently with our financial and legal advisors to assess our financial position and maximize the availability of insurance coverage to meet the demands that will likely be imposed by anticipated CVA litigation.”

Archbishop Gomez prays for victims of California high school shooting

Los Angeles, Calif., Nov 15, 2019 / 11:03 am (CNA).- Archbishop Jose Gomez of Los Angeles has encouraged the community to pray for victims of a shooting at a high school in southern California, where two people were killed Thursday morning.

“May God comfort their families and loved ones,” he said in a statement Thursday. “Pray also for all the young people and faculty in the school and their families and pray for all the first responders and law enforcement officers.”

On Thursday morning, a student at Saugus High School in Santa Clarita - located about 40 miles from Los Angeles - opened fire in a crowded school courtyard before the first class of the day, police said.

Two students - ages 16 and 14 - were killed, and three students were injured in the shooting. The names of the victims have not been released. Captain Kent Wegener of the Los Angeles Sheriff’s Department said there is no known connection between the suspect and the victims.

The suspect was found with a self-inflicted gun wound to the head, according to police, and is currently in the hospital in critical condition.

In his statement, Archbishop Gomez asked for the intercession of the Virgin Mary and urged members of the archdiocese to pray for all those affected.

“May Our Blessed Mother keep them all in her maternal care and may God give them peace,” he said.

Ivanka Trump hails 'exciting' progress on paid family leave

Washington D.C., Nov 15, 2019 / 11:00 am (CNA).- Family leave is more than a women’s issue, it is a family issue, Ivanka Trump said Thursday at the National Review Institute’s event “A Conversation on Paid Family Leave and Childcare” with writer Ramesh Ponnuru.

“For the first time in the history of the paid family leave discussion, we’re getting to a place with legislators, where it’s not ‘should paid family leave be a policy priority?’ but ‘what’s the best design for a paid family leave program?,” Ms. Trump said. 

Trump lauded an “exciting” time to be involved in paid family leave projects, as new attention is being brought to the issue, and members of Congress are positing different, but not incompatible, ideas on how to better serve new mothers and their families. “And that was not true when [the Trump administration] arrived two and a half years ago,” she said. 

“There was very little bipartisan support--there was one plan that had been proposed, and re-proposed, and re-proposed for many years,” without any sort of bipartisan support or real progress through the legislature, said Trump. 

About a quarter of new mothers in the United States return to work within two weeks of having a child, said Trump, who pointed out that 40% of households have a woman as the primary breadwinner, directly linking the availability of paid family leave to those families’ household incomes.

Only 6% of women making less than $75,000 annually have access to paid maternity leave, Trump explained. She said women making more than $150,000 annually have a significantly greater likelihood of access to paid leave than is typical.

Trump and Ponnuru also discussed the country’s fertility rate, which is reportedly now at its lowest level ever. 

Ponnuru told CNA at the conclusion of the event that “cultural change” is needed to increase the country’s dwindling fertility rate, an issue the “government has limited power to influence.” 

“But I think that there are things that we can do to make it easier for families,” he said. “We have for many years had evidence that Americans have fewer children than they would like to have, so this is not a matter of trying to get people to want children, so much as it is making it possible for them to do something they already want to do.”

Ponnuru said that an uncertain “economic picture” plays a role in explaining why couples are hesitant to have children, and that legislative steps should be taken to address this--such as increasing the child tax credit and lowering the cost of education.

“Making that more affordable, so [parents] may be a little less economically fearful about starting and growing a family,” he said. 

Trump said that women and children lacking paid family leave also suffer negative health consequences. 

“We actually have the highest rate of Sudden Infant Death Syndrome (SIDS) in the developed world,” she said. “Because if you’re that one-in-four mom who is returning to work within two weeks of having a baby, most institutional care centers won’t take a child until they’re between six to 12 weeks of age.” 

Due to lack of affordable childcare options for young babies, Trump said, parents often turn to less-desirable, often unsafe options. 

In addition to the health benefits that come with a woman being able to take paid leave and stay home with her child, Trump touted the societal economic benefits as well. A woman who has access to paid leave is 40% less likely to use public assistance, she said. 

Trump said motherhood is one of the main reasons why a woman declares bankruptcy — something that can be avoided with access to paid family leave.