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Lawyers for the Indianapolis doctor who helped a 10-year-old Ohio rape victim get an abortion on Tuesday took the first legal step in a possible defamation lawsuit against Indiana Attorney General Todd Rokita (Dr. .) for his comments on a story that has captured international attention. .
Kathleen DeLaney filed a notice of damages claim against Rokita on behalf of her client, Caitlin Bernard, for “false and misleading statements” about the obstetrician / gynecologist in the days after she shared how she helped the girl, who traveled to Indiana for an abortion. .
“Mr. Rokita’s false and misleading statements about Dr.’s alleged misconduct. Bernard in his profession constitute defamation. per se. The statements have been and continue to be published by Mr. Rokita and on behalf of Mr. Rokita and the Attorney General’s Office, “the notice says.” To the extent that these statements exceed the general scope of Mr. Rokita’s authority. Rokita as Indiana Attorney General, the statement forms the basis of an actionable defamation lawsuit against Mr. Rocked individually “.
Even after Gerson Fuentes was charged last week with rape in the case, Rokita asked Bernard if he had reported the procedure to state officials, as required by law. Records obtained by The Washington Post show that Bernard reported the girl’s abortion to the relevant state agencies before the legally prescribed time limit for doing so.
A spokesman for the attorney general’s office did not immediately respond to a request for comment on Tuesday.
According to the notice, Bernard is seeking unspecified damages to help cover security costs, legal fees, reputation damage and emotional distress. If Rokita does not investigate or resolve the claim within the next 90 days, Bernard could file a defamation suit.
The notice comes as a separate misconduct allegation that Rokita intended to “harass and intimidate” abortion doctors when she publicly questioned whether Bernard complied with state law. The recently filed complaint from Lauren Robel, a former dean of the Maurer School of Law at Indiana University, is expected to trigger an investigation by the state’s Supreme Court Disciplinary Commission after Rokita claimed last week on Fox News that Bernard had a “history of not reporting.” abortion in child abuse cases and quickly began an investigation into his license.
According to the complaint, Indiana AG’s comments endangered the abortion provider
“We have this abortion activist acting as a doctor with a history of not reporting,” Rokita told Fox News host Jesse Watters at the time. “We are gathering evidence as we speak and we will fight to the end, even looking at his license. If he did not report it to Indiana, it is a crime not to report, not to report intentionally.
A spokesman for Rokita’s office dismissed Robel’s complaint this week, saying in an earlier statement to The Post that “any lawyer or client can present whatever they want, even without reason, which is the case here.” The attorney general’s office said that although no enforcement actions have been filed against Bernard so far, it will continue to investigate his conduct.
But the first legal step toward a possible defamation lawsuit has heightened a situation that began when Bernard told the Indianapolis Star in an article published July 1 that he had been called by an Ohio doctor about a patient young man who was six weeks and three days pregnant. after being raped. While the account of the girl’s situation quickly gained international attention and was criticized by President Biden, it was followed by a wave of skepticism from conservative politicians, experts and the media who expressed doubts. (The Washington Post also published a Fact Checker analysis that initially concluded that the report on the girl was a “very difficult story to check.”
The story was corroborated last week when Fuentes, 27, was charged after he allegedly confessed to authorities that he had raped the 10-year-old at least twice. If convicted of a felony of first-degree rape, Fuentes could face life in prison.
Since then, however, Rokita has shifted her attention to whether Bernard followed the proper protocols for denouncing abortion, although documents show he did. Indiana University Health officials also told The Post that Bernard did not violate any privacy laws when he shared an anecdote with the media about the 10-year-old rape victim who needed an abortion.
The doctor in the abortion case of a 10-year-old boy faced a threat of kidnapping against his daughter in 2020
In a letter filed Tuesday with Rokita and Indiana state officials, DeLaney wrote that the attorney general has limited authority to investigate complaints against professionals in certain fields, such as doctors. The lawyer noted that state law requires Rokita to “maintain the confidentiality of these complaints” unless he has plans to prosecute.
Although Bernard’s leave in Indiana has been “active with no disciplinary record” since last Wednesday, the notice states that the attorney general’s goal was to “increase the doctor’s public conviction.”
“Mr. Rokita knew the statements were false or acted without regard to the truth or falsity of the statements, “the notice says.” The statements that Dr. Bernard has a “history of not reporting,” which Mr. Rokita indicated that they would constitute a crime, committed in the absence of a reasonable investigation, have no legitimate law enforcement purpose. Given the current political climate in the United States, Mr. Rokita intended to increase the public condemnation of Dr. Bernard, who legally provided legitimate medical care. “
Mary Louise Paul and Kim Bellware contributed to this report.