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Timeline of Injustice 7/15/2008
By Leslie Smith Time is running out on the statute of limitations for charges brought against Planned Parenthood of Overland Park, Kansas, for performing illegal late-term abortions and then falsifying documents to prove otherwise. A grand jury, convened by thousands of signatures in Sedgwick County, is still waiting to see records subpoenaed months ago that would prove or disprove allegations against abortionist George Tiller and Planned Parenthood. The grand jury has been extended to accommodate the interminable delays perpetrated by attorneys general Paul Morrison and Stephen Six and the Kansas Supreme Court, who finally ruled that the records could go to the grand jury a month ago but so far have not been produced. The grand jury is in danger of running out of time to do the job the people of Sedgwick County asked them to do, since the statute of limitation is five years and the original charges were filed in 2003.
Judy Smith, State Director of Concerned Women for America (CWA) of Kansas, states, "Kansas is on the front lines these days against a common enemy, the abortion industry. However, even more than the obvious worldview clash we have against abortion, the rule of law is being challenged in our state. Our state officials are choosing to make the abortion industry an exception to the rule of law. This, if unchallenged, will undermine the rule of law in all areas of our lives, leaving us vulnerable to the whims of the courts and the executive branch, clearly a departure from what the founding fathers intended."
Kansas has strong pro-life laws with strict prohibitions on late-term/post-viable (babies able to survive outside the womb) abortions on the books. Therefore, abortions are allowed only when:
- The mother's life is in danger. (According to abortion reporting, absolutely zero abortions have been performed to save the life of the mother.)1
- Two physicians find that there will be substantial and irreversible harm to a major bodily function of the mother. K.S.A. 65-6703
In spite of these restrictions, Wichita abortionist George Tiller is recognized as one of the world's leading late-term abortionists. When Kansas allowed late-term abortions for severe fetal anomaly, not only did he justify abortion in cases of cleft pallet and Down syndrome, he justified abortion in the case of healthy twins, stating that having twins could produce a severe economic impact on the family. Using his own definition of "substantial and irreversible harm" as an excuse for performing an abortion on a viable baby, he performs abortions on women who do not want their rodeo competitions curtailed by a pregnancy or who will have to hire babysitters in order to attend rock concerts. .)2
While in office, former Attorney General Phill Kline, who has been a strong champion of the defenseless, discovered this travesty and filed charges against Tiller and Planned Parenthood. What has unfolded since then has been a dramatic political battle the likes of which most citizens have never seen. As you will see in the timeline below, Kline has become the victim of political and personal attacks in his fight for justice as those being accused are aided by high powered individuals in Kansas' political circle. In the midst of this struggle are records from Planned Parenthood that have been redacted, or stripped of any personal information, to protect the patients involved. Kline's charges are based on information found in these records, and despite the removal of personal information, Planned Parenthood has repeatedly claimed that this violates a patient's right to privacy. Smith states, "Clearly the records and reports that are the crux of the arguments are redacted of all identifying information so no woman's privacy is being violated by the scrutiny of these records. Planned Parenthood is merely giving lip service to privacy issues to avoid legal scrutiny."
Having vigilantly watched this situation unfold, Smith has developed a timeline of events to alert and educate the rest of our country to this complex situation in Kansas. Ultimately, the ramifications of this battle could create legal consequences for the rest of our nation and the issue of late-term abortion.
The Timeline of Obfuscation (to confuse; to cover up in darkness):
- Fall 2005: Paul Morrison, running for attorney general and recruited by Governor Kathleen Sebelius, announces that he believes sitting attorney general Kline is conducting a "witch hunt" against the abortion industry. Morrison indicates in September 2006 that he will end the investigation if elected.
- November 2006: Morrison is elected as attorney general.
- December 2006: Phill Kline is elected as District Attorney of Johnson County (the location of the Planned Parenthood facility in question).
- December 21, 2006: Kline files 30 charges against Tiller, with Judge Yost finding probable cause. (In Kansas a judge must find probable cause before charges can be filed.)
- January 2007: Kline hires Democrat lawyer Don McKinney to appeal the case as Kline leaves office. Kline and Morrison are sworn into office, basically switching jobs.
- Kline fires eight of the over 100 employees in the D.A.'s office.
- Morrison fires over 40 of the employees at the A.G.'s office.
- Judge Anderson (Shawnee County) informs Morrison that Kline left a report detailing the location of the files and a copy of the records with him.
- Kline is sued personally by the eight employees let go in the transition with severance.
- Morrison sends two representatives to meet with Judge Anderson. On January 10, 2007, they pick up the document status report but do not remove the copies of the medical records from Judge Anderson.
- Morrison fires the special prosecutor appointed by Kline.
- He instructs KBI Agent Bob Blecha to pick up all evidence. Later, Judge King of Leavenworth County finds that all of Kline's showing and distribution of the records was done for legitimate law enforcement purposes, despite the public statements of Morrison that the records were strewn all over the state and required a "treasure hunt" to retrieve them to protect patient privacy, (press conference held by Morrison on February 2007). Point of fact: The records were right where Morrison had been informed they would be, and patient privacy was never compromised, as all personal information had been removed.
February 2007: Morrison demands that Kline return his copy of the records, even though Kline has Judge Anderson's permission to keep them. Morrison has his own copy.
March 27, 2007: Morrison's employees finally pick up the relevant medical records.
April 4, 2007: One of Morrison's representatives appears before Judge Anderson requesting that Kline return all of his copies of the records. Judge Anderson refuses and states to Assistant Attorney General Veronica Dersch, "
there's evidence of crimes in those files that need to be evaluated.
"
April 13, 2007: Morrison files a formal motion that Kline be ordered to return the Planned Parenthood files.
April 18, 2007: Anderson denies the motion again, stating that the files contain evidence of potential criminal activity and that Kline's legal theories are sound.
May 5, 2007: Kline approaches Anderson with evidence that the Planned Parenthood documents may be manufactured and false. Anderson requests that Kline inform Morrison, and he does so. Judge Anderson, based on what he saw in the records, approaches a document expert to review the documents. The expert's conclusion: The documents "don't match up."
June 6, 2007: Dr. Paul McHugh visits the Kansas City area at the invitation of Women Influencing the Nation, a national women's group. An eminent psychiatrist from Johns Hopkins, he was hired by Kline as an expert to view the records. Morrison never contacted McHugh after taking office, even though McHugh is one of the nation's leading psychiatrists. McHugh determined that none of the abortions were justifiable. When Morrison learns of McHugh's intention to speak, he issues a gag order and threatens him with a lawsuit. Before all this, however, McHugh recorded a video stating his opinions that is available at http://www.youtube.com/watch?v=mviFMpy_sBU.
Late June 2007: Morrison issues a clearance letter to Planned Parenthood. He files what he terms "highly technical" violations against Tiller and refuses to expand the investigation.
July 2007: Planned Parenthood sues Kline personally, claiming he should be held in contempt of court for having the files that Judge Anderson gave him permission to have. The Kansas Supreme Court accepts the suit and Morrison moves to join the clinic in suing Kline.
July 9, 2007: Morrison files a motion with Judge Anderson to return all his evidence in order to give the evidence back to Planned Parenthood, the target of the investigation.
- Judge Anderson comments that this is the first time he has ever heard of a prosecutor requesting that a court return evidence to a criminal defendant during a pending case.
Mid-July 2007: Anderson denies Morrison's request. Morrison sues Judge Anderson in a mandamus action. The Kansas Supreme Court accepts the suit.
August 2007: Kline, as state employee, requests that the state pay for his legal defense in the Supreme Court case against him.
- Morrison refuses, stating that Kline acted "with malice" against Planned Parenthood.
- Judge Anderson, who granted Kline permission to keep the records, is given coverage.
October 17, 2007: District Judge James Vano finds probable cause, and Kline files 107 charges against Planned Parenthood. The charges include 23 felonies and 84 misdemeanors, including performing illegal abortions after 22 weeks gestational age.
October 17, 2007: The Kansas Supreme Court suddenly orders a "mini-trial" in Planned Parenthood's case against Kline. All proceedings are ordered under seal.
October 18, 2007: Planned Parenthood CEO Peter Brownlie states that Planned Parenthood does not perform abortions after 22 weeks.
December 2007: A five-day trial takes place with Judge King of Leavenworth County presiding.
- He is ordered to file his findings with the Supreme Court on January 10.
- The lawsuit seeks fines against Kline personally and seeks to hold Kline in contempt for possessing the medical records even though he had express permission to have them.
- The story about Morrison and Linda Carter breaks in the Topeka Capitol Journal.
- The Johnson County Commissioners vote 6-1 to provide funding for a special prosecutor on the Morrison scandal.
Carter has alleged that Morrison asked her to interfere with testimonies.
- Morrison announces his resignation as of January 31, 2008.
January 10, 2008: Judge King files his report. Kline is denied access to the report.
January 16, 2008: Judge Anderson is subpoenaed and testifies in the criminal case against Planned Parenthood.
- He states under oath that he had "serious" concerns about the records in that they appeared to be manufactured.
- Steven Cavanaugh, who works for Judge Anderson, states Planned Parenthood claimed these documents were copies of the actual reports filed with the state. The clinics are required by law to keep copies at the clinic, a misdemeanor offense. The "manufacturing" of the documents to avoid misdemeanor charges is a felony offense.
April 2008: Kline subpoenas the Kansas Department of Health and Environment to testify that the agency properly complied with the subpoena while Kline was attorney general.
- They object, stating only the attorney general can have these records (K.S.A. 65-445). Planned Parenthood happily agrees, but Kline appeals, stating the language of the statute simply states the information provided "shall not be disclosed in a manner that would reveal the identity of the provider." The report did not include the identity of the provider. Judge Tatum quashes the subpoena and rules against Kline.
- Kline subpoenas Judge Anderson to testify at the preliminary hearing.
- Attorney General Stephen Six files a motion before the Kansas Supreme Court seeking to prevent Judge Anderson from testifying.
- The Kansas Supreme Court, without citing any legal authority, orders Anderson not to honor the subpoena.
May 2008: The Kansas Supreme Court finally releases hundreds of pages of sealed documents in the Planned Parenthood case against Kline and Judge Anderson.
Judge King's report is released. It shows that Kline did have permission to have the records; there was no evidence to support the claims that Kline sued the records for any other purpose than for legitimate law enforcement objectives. The report also shows that witnesses were unreliable, Judge Anderson repeatedly informed Morrison's office the reports contained evidence of criminal activity, and the Judge had informed the Kansas Supreme Court of his opinion.
May 2, 2008: The Kansas Supreme Court orders Kline, Planned Parenthood and Attorney General Six to file briefs for oral arguments on June 12, 2008.
May 27, 2008: Judge Tatum quashes the subpoena of Judge Anderson and refuses to reconsider his quash of the KDHE subpoena. The Planned Parenthood case is delayed indefinitely.
- Kline files a motion to intervene in the mandamus against Judge Anderson.
Attorney General Six files his response and radically reverses his previous ruling. He states Judge Anderson can maintain the records until after Kline's criminal case is concluded. He is still suing Kline. He acknowledges the records can be used in a criminal prosecution but is still suing the prosecutor who is using the records.
The "manufactured records," after being unsealed, are revealed to the press.
Caleb Stegall, Kline's lawyer in the Supreme Court case, states, "It is unprecedented that a criminal defendant (in a case in which probable cause has been found to believe crimes have been committed) is allowed to personally sue the prosecutor, causing him personal financial distress, in an effort to have the state's highest court order that the prosecutor return evidence of the defendant's crimes back to the defendant."
According to CWA of Kansas State Director Judy Smith, "This timeline does not include the hundreds of pages of repeated and duplicative ethics complaints filed against the prosecutor. It does not include the blatant dramatic orations directed personally against the prosecutor in the court room by the phalanx of Planned Parenthood lawyers."
Time is running out, as the statute of limitations will soon come to a close. The term of District Attorney Kline will end with no guarantee that the office will pursue the suit. Kline has now formally announced that he will be running for the position of Johnson County District Attorney again in the fall election, which has given many people hope that Tiller and Planned Parenthood will one day be brought to justice.
To get involved in CWA of Kansas, go to kansas.cwfa.org or e-mail director@kansas.cwfa.org. If you would like to get involved with one of our other fine state organizations, please visit the CWA in the States site.
End Notes
- "Abortions in Kansas, 2003," KDHE Center for Health and Environmental Statistics, Office of Health Care Information, March 2004, p. 3, available at http://www.kdheks.gov/hci/abortion_sum/03itop1.pdf
- Brian Russell, Ph.D., as quoted in "'The Factor' Comes Face-to-Face With Kansas Abortion Doctor, George Tiller," The O'Reilly Factor, June 13, 2007, transcript at http://www.foxnews.com/story/0,2933,281861,00.html
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