Comment Attorneys for the Indianapolis doctor who helped a 10-year-old rape victim from Ohio get an abortion took the first legal step Tuesday in a potential defamation lawsuit against Indiana Attorney General Todd Rokita (R) over his comments in a story which has attracted international attention. Kathleen DeLaney filed a tort notice against Rokita on behalf of her client, Caitlin Bernard, for “false and misleading statements” about the OB/GYN in the days after she shared how she helped the child, who traveled to Indiana for an abortion. . “Sir. Rokita’s false and misleading statements regarding alleged misconduct by Dr. Bernard in her profession constitute defamation. The statements were published and continue to be published by or on behalf of Mr. Rokita and the Attorney General’s Office,” the release states. “To the extent these statements exceed the general scope of Mr. Rokita’s authority as Indiana Attorney General, the statement forms the basis of a defamation claim against Mr. Rokita individually.” Even after Gerson Fuentes was charged last week with rape in the case, Rokita questioned Bernard about whether he had reported the proceedings to state officials, as required by law. Records obtained by The Washington Post show that Bernard reported the girl’s abortion to the appropriate state agencies before the legally allowed deadline to do so. A spokesman for the attorney general’s office did not immediately respond to a request for comment Tuesday. Bernard is seeking unspecified damages to help cover security costs, legal fees, reputational damage and emotional distress, according to the release. If Rokita doesn’t investigate or settle the claim in the next 90 days, then Bernard could file a defamation lawsuit. The notice comes as a separate misconduct complaint alleges that Rokita intended to “harass and intimidate” abortion doctors when he publicly questioned whether Bernard was complying with state law. The newly filed complaint by Lauren Robel, the former dean of Indiana University’s Maurer School of Law, is expected to prompt an investigation by the state Supreme Court’s Disciplinary Commission after Rokita claimed last week on Fox News that Bernard had “ history of failing to report » performed abortions in child abuse cases and quickly launched an investigation into her licensing. Indiana AG’s comments put abortion provider at risk, complaint says “We have this abortion activist acting as a doctor with a history of failing to report,” Rokita told Fox News host Jesse Watters at the time. “We are collecting the evidence as we speak and will fight this to the end, including looking at her licence. If he failed to report it in Indiana, it’s a crime to — fail to report, willfully fail to report.” A spokesman for Rokita’s office dismissed Robel’s complaint this week, saying in an earlier statement to The Post that “any attorney or client can file anything they want, even without basis, which is what’s happening here.” The attorney general’s office said that while no enforcement actions have yet been filed against Bernard, it will continue to investigate her conduct. But the first legal step toward a potential defamation lawsuit has escalated a situation that began when Bernard told the Indianapolis Star in an article published July 1 that he had received a call from a doctor in Ohio about a young patient who was six weeks pregnant and three days. after the rape. Although the account of the girl’s condition quickly gained international attention and was condemned by President Biden, it was followed by a wave of skepticism from conservative politicians, pundits and the media who expressed doubts. (The Post also published a Fact Checker analysis that initially concluded the report about the girl was a “very difficult story to verify.”) The story was confirmed last week when Fuentes, 27, was charged after he allegedly confessed to authorities that he had raped the 10-year-old on at least two occasions. If convicted of first-degree felony rape, Fuentes could face up to life in prison. Since then, however, Rokita has turned his attention to whether Bernard followed proper protocols in reporting the abortion, even though documents show he did. Indiana University Health officials also told The Post that Bernard did not violate any privacy laws when she shared an anecdote with the media about the 10-year-old rape victim who needed an abortion. Doctor in case of abortion of 10-year-old girl faced kidnapping threat against his daughter in 2020 In the 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 attorney noted that state law requires Rokita to “maintain the confidentiality of such complaints” unless he plans to prosecute. Although Bernard’s Indiana license was “active with no disciplinary record” as of last Wednesday, the release claims the attorney general’s goal was to “intensify public condemnation” of the doctor. “Mr. Rokita either knew the statements were false or acted with reckless disregard for the truth or falsity of the statements,” the statement reads. “The statements that Dr. Bernard has a ‘history of failing to report,’ which Mr. Rokita said they would constitute a crime, made in the absence of a reasonable investigation, serve no legitimate law enforcement purpose.Given the current political atmosphere in the United States, Mr. Rokita’s comments were intended to bolster public condemnation of Dr. Bernard, who provided legally legitimate medical care’. Mary Louise Paul and Kim Bellware contributed to this report.
