Today, the San Francisco Superior Court dismissed criminal counts 1-14 against Sandra “Susan” Merritt. The court ruled that counts 1-14 were legally insufficient. The state has the opportunity to amend if it can plead a more legally sufficient and specific complaint. The California’s Attorney General filed 15 criminal counts against Merritt, with counts 1-14 for each of the alleged interviews and count 15 for an alleged conspiracy. “This is a huge victory to have 14 criminal counts dismissed,” said Mat Staver, Founder and Chairman of Liberty Counsel. “We will now turn our attention to dismissing the final count. Sandra Merritt did nothing wrong. The complaint by the California Attorney General is unprecedented and frankly will threaten every journalist who provides valuable information to the public. This final count will also fall,” said Staver.

Liberty Counsel argued that the criminal complaint for illegally recording supposedly “private” conversations (in restaurants, hotel lobbies and other public places) - the first ever filed against undercover journalists - was legally deficient for numerous reasons, not the least of which was the Attorney General’s decision to prosecute Merritt in secret proceedings, without identifying even the names of her accusers or purported “victims.” The complaint did not provide Merritt with the minimum notice required by the Constitution and California law as to what she supposedly did wrong, so that she can mount a proper and vigorous defense.  The complaint was also vague and full of inconsistencies. 

                                                              Horatio Mihet with Sandra Merritt

“Today we asked the San Francisco Superior Court to dismiss these outrageous and baseless charges against Sandra Merritt, and the court agreed to dismiss 14 of the 15 counts” said Horatio Mihet, Liberty Counsel's Vice President of Legal Affairs and Chief Litigation Counsel, who appeared with Sandra in court today. “Sandra did not break any law and the criminal complaint against her is legally deficient, vague and full of inconsistencies. No other citizen journalist or organization has ever been charged with a crime for undercover recordings,” said Mihet.

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