XAVIER BECERRA Attorney General of California ROBERT MORGESTER Senior Assistant Attorney General OHNETTE V. JAURON Deputy Attorney General State Bar No. 183714 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 Telephone: (415) 703?1662 Fax: (415) 703-1234 E?mail: I ohnette.J auron@doj .ca. gov Attorneys for the People oft/1e State of California SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO THE PEOPLE OF THE STATE OF Case No. 2502505 CALIFORNIA, MOTION FOR HEARING ON ORDER Plaintiff, TO SHOW REQUEST FOR SAN CTION REFERRAL TO STATE v. ORDER PRECLUDING FURTHER RELEASE DAVID ROBERT SANDRA Date: SUSAN MERRITT, Time: Dept: Dept. 28 Hon. Carol Yaggy Defendants. TO THE HONORABLE CAROL YAGGY, JUDGE OF THE SAN FRANCISCO SUPERIOR COURT: Petitioner, the State of California, respectfully requests this Court set a date and time for an expedited hearing to determine if counsel for the Defendant, Brentford Ferreira and Steve Cooley, should be held in contempt of this Court?s lawful order and process of the Court, and for unlawfully interfering with this Court?s process and proceedings, to request sanctions against Brentford Ferreira and Steve Cooley for purposeful Violation of this Court?s order, a referral of the conduct of Brentford Ferreira and Steve Cooley to the California State Bar Association for 1 MOTION FOR ORDER TO SHOW CAUSE (5132016300608) this potentially criminal conduct, and an order precluding the release of any additional evidence ordered sealed by this Court.. 1. STATEMENT OF THE CASE On March 28, 2017, the California Attorney General?s Of?ce ?led an Arrest Warrant in San Francisco County Superior Court charging Defendants David Daleiden and Sandra Merritt with one count of Consriiracy and fourteen felony violations of Penal Code section 632, Surreptitiously Recording a Confidential Communication Without Consent. The Af?davit in support of that Arrest Warrant described the Department of Justice?s investigation, finding that DALEIDEN created a fictitious biomedical research company, BioMaxProcurement Services (BioMax), using a manufactured California identity and a bogus website, to obtain access to the National Abortion Federation conference in San Francisco, California, April 5 through April 8, 2014. While at the San Francisco conference, DALEIDEN, posing as BioMaX VP Robert Sarkis, and MERRITT, posing as BioMax CEO Susan Tennenbaum, used hidden camera equipment to secretly record conversations they initiated with conference attendees. Additionally, Daleiden and Merritt used those manufactured identities to arrange and covertly record meetings with several healthcare and biomedical research staff in Los Angeles and El Dorado Counties. Several of the secretly filmed video segments were edited and subsequently released for public viewing on the internet and media outlets in July of 2015. Immediately afterward, many of the professionals who had been identified in the edited videos began receiving personal threats as well as online harassment. Attached to the Affidavit in Support of the Arrest Warrant is a Confidential Sealed Attachment. The Attachment lists the 14 victims? names, as well as the count numbers with which they are associated. This Court, upon finding good cause, sealed the list of victim names in the Confidential Attachment and placed it within the Court?s ?le. (See attached Sealing Order.) On May 3, the Complaint was filed, and the Defendant Demurred, alleging that the Complaint fails to give him sufficient notice of the offenses of which he is accused. On May 9, 2017, both defendants were given, via email, a copy of the Confidential Attachment which identifies each victim by name and by Doe number. As a further courtesy, on 2 MOTION FOR ORDER TO SHOW CAUSE (SF2016300608) May 15, 2017, both defendants were provided, via overnight delivery, copies of the videos upon which all fifteen counts are based. The identity of the victims still remains sealed against public inSpection unless and until a disclosure order is made by this Court. On May 25, 201.7, the Confidential Attachment was placed on the public website of Steve Cooley Associates, along with a link to the videos. On May 25, 2017, United States District Judge William Orrick ordered counsel for Daleiden, Brentford Ferreira and Steve Cooley, to immediately remove all links and recordings from their website, immediately remove all links to YouTube, and to show cause why they should not be held in contempt for their apparent violation of the Court?s Preliminary Injunction Order. (See attached Order Directing Compliance with Preliminary Injunction and Order to Show Cause re: Con temp t. II. REQUEST FOR HEARING The People respectfully request a hearing as soon as the Court may schedule, either before or at the next court appearance of June 8, 2017, as to if Brentford Ferreira and Steve Cooley should be held in contempt of this Court?s lawful order of sealing, if they should be sanctioned for this apparently intentional conduct, if they should be ordered not to replace any sealed victim name or link to criminally-obtained video evidence under the control of this Court on their website, and if they should be referred to the California State Bar Association Chief Trial Counsel for this shockingly unprofessional condUct. Dated: May 26, 2017 Respectfully Submitted, XAVIER BECERRA Attorney General of California WW x' . V. AURON Deputy Attorney General Attorneys for the People of the State of California 3 MOTION FOR ORDER TO SHOW CAUSE (8132016300608) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 5333'?; . . - In the matter _Of WWARRANT for: REQUEST . - r557?! ?lie-r? PERSON: FOR SEALING s?ami WARRANT, VEHICLE: . . AFFIDAVIT FOR WEI WARRANT, PHONE CARRIER: - . . - OR PORTION OF THE WARRANT 13;2,g, INCIDENT REPORT UANT TO SEARCH WARRANT . EVIDENCE CODE 1040, 1041,1042; and . CALIFORNIA RULES OF CO 2. INVESTIGATIN OFFICER: URT 55001) CONTACT MUST CHECK ONE- OTHER INFORMATION: - 1) SEALED ENTIRELY PORTION Your Af?aut. 3 FM 0.01521 MI 1 requests that: :5'3315- 1) .. This Warrant sought pursuant to theSearoh Warrant Af?davit Stateinent OI PrO-beble Cause and I91, stat? 2 3:21:01: warrant and all documents relevant to this S?giicrnas ?2171mm: be ordered sealedy, - 2) This portion Ofth?-S?eafeh?WaIiilj?f?daVit and Statement of Probable Cause he Ordered sealed; eev" By the Magistrate 111 order to implement the privilege under Evidence Code 1040 to 1042 and -to protect the I identity of any con?dential informant(s) and/or o?icial information. pursuant to the Supreme Com-f demsmn "the Pe0ple Hobbs (1994) 7 C21141th 948 and California Rule of Court ,2 55001) - -. - . 1 {any of the information within the requested seale-Iant or portion of the Af?davit and Statement I Of Probable Cause 15 made public, it will reveal or tend to reveal the identity of any con?dential mfonnan?s), 1' impair further related Investigations and endanger the life of the con?dential . I declare under penalty ofperjury that the related foregoing Is true and correct to the best of nay knowledge.- .. . . i ofAt?ant: Hem?: Wm? (If. 2 9 day of WA Z?lj?tg {3,57 ?1 _ggased upon a review Ofthe?SeEehry? Warrant Af?davit, this court ?nds that there exists an overriding? taterest thet . overcomes the right of the public access to the record; the overriding interest supports sealing the recOrd, a: I. substantial probability exists that the overriding interest will be prejudiced 1f the record 15 not sealed, the -- proposed sealing Is narrowly tailored,? and no less restrictive means exists to achieve the overriding interest 3 Therefore it' Is ordered that the Warrant and/or portion of the errant Af?davithtatement of- Probable Cause be sealed and maintained 111 a secure location In the custody. of the Clerk of the Court and not bO made of the public record until further order ofthis court or any- competent court. i I 1'22? ?13?qu 3732 mas-MC (Signature of Magistrate . Judge for the Superior Court Of California, Count}r Of- San Francmco WARRANT ISSUED DATE: shares WARRANT RETORN DATE 1.54 United States District Court Northern District of California Case Document 409 Filed 05/25/17 Page 1 of2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NATIONAL ABORTION FEDERATION, et al., Plaintiffs, V. CENTER FOR MEDICAL PROGRESS, et al., Defendants. Case No. ORDER DIRECTING COMPLIANCE WITH PRELIMINARY INJUNCTION AND ORDER TO SHOW CAUSE RE CONTEMPT Defendants David Daleiden and CMP are covered by the Preliminary Injunction issued in this case. Docket No. 354. That injunction prevents Daleiden and CMP from: (1) publishing or otherwise disclosing to any third party any Video, audio, photographic, or other recordings taken, or any con?dential information learned, at any NAF annual meetings; 2) publishing or otherwise disclosing to any third party the dates or locations of any future NAF meetings; and (3) publishing or otherwise disclosing to any third party the names or addresses of any NAF members learned at any NAF annual meetings. Preliminary Injunction, Dkt. No. 354, at 42. Daleiden? counsel in a separate criminal case have apparently obtained copies of the recordings at issue and are posting YouTube links to some or all ofthose recordings on counsel?s website. Daleiden'scriminal counsel have also apparently published on their website the names of at least eleven NAF members who were subjects ofthose recordings. Upon receiving a letter from plaintiffs? counsel containing these serious allegations of an intentional violation ofthe Preliminary Injunction, I set a telephonic hearing at 4:00 pm. today, directing Daleiden to participate and inviting his criminal counsel to participate. Neither Deleiden nor his criminal counsel participated in the hearing, during which Ms. Short, civil counsel for Daleiden, con?rmed United States District Court Northern District of California Case Document 409 Filed 05/25/17 Page 2 of 2 the accuracy of plaintiffs? allegations. To protect the integrity ofthe Preliminary Injunction and given the significant privacy concerns at stake, Daleiden is hereby ORERED to require his counsel Steve Cooley and Brentford J. Ferreira of Steve Cooley Associates and all those working with or for his counsel IMMEDIATELY to take down from their website all links to recordings covered by the Preliminary Injunction and remove all references to the identities of any NAF members who were subjects ofthe recordings covered by the Preliminary Injunction. Daleiden and his counsel are also ORDERED IMMEDIATELY to undertake all efforts to remove from YouTube the recordings covered by the Preliminary Injunction. If Daleiden, his counsel, or any defendant in this action or their counsel has caused any ofthe information covered by the Preliminary Injunction to be published or posted in any other manner since entry ofthe Preliminary Injunction, they are ORDERED IMMEDIATELY to take it down. An ORDER TO SHOW CAUSE hearing is set on June 14, 2017 at 2:00 pm. to consider whether to impose contempt sanctions or other remedies on CMP, Daleiden, and/or Daleiden?s criminal counsel for the apparent violation of the Court?s Preliminary unction Order. Plaintiffs? response in support of contempt sanctions or other remedies should be filed on or before May 31, 2017. Defendants responses shall be fl led on or before June 7, 2017. Daleiden? criminal counsel?s response shall be fi led on or before June 7, 2017. Counsel for plaintiffs shall email, fax (if applicable), and personally serve a copy ofthis Order on Daleiden? criminal counsel, Steve Cooley and Brentford J. Ferreira of Steve Cooley Associates. Daleiden, Steve Cooley, and Brentford J. Ferreira are HEREBY ORDERED to appear in person at the June 14, 2017 hearing on the Order to Show Cause. IT IS SO ORDERED. Dated: May 25, 2017 illiam H. Orrick United States District Judge DECLARATION OF SERVICE BY E-MAIL and US. Mail Case Name: People v. David Daleiden et al. No.: 2502505/17006621 I declare: I am employed in the Of?ce of the Attorney General, which is the of?ce of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Of?ce of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Of?ce of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On May 26, 2017, I served the attached MOTION FOR HEARING ON ORDER TO SHOW REQUEST FOR REFERRAL TO STATE ORDER PRECLUDING FURTHER RELEASE by transmitting a true copy via electronic mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Of?ce of the Attorney General, addressed as follows: Nic Cocis Steve Cooley, Esq, Attorney at Law Brent Ferreira, Esq. Law Of?ce of Nic Cocis Steve Cooley Associates 38975 Sky Canyon Dr., Suite 211 5318 E. 2nd Street, #399 Murrieta, CA 92563 Long Beach, CA 90803 E-mail Address: nic@cocis1aw.com E?mail Address: steve@stevecooley.com Attorney for Sandra Merritt Attorney for David Daleiden I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 26, 2017, at San Francisco, California. S. Caston Declarant Signature srzmoioosos 41767140.doc