Kan. Judge Dismisses Subpoena Regarding Planned Parenthood Clinic's Records

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 01 May 2008 - 8:00 PDT

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A Kansas judge on Monday dismissed a subpoena from Johnson County, Kan., District Attorney Phill Kline (R) regarding abortion records from Planned Parenthood of Kansas and Mid-Missouri's clinic Comprehensive Health, the Kansas City Star reports. The subpoena sought to require the state Department of Health and Environment to authenticate 23 records of abortions performed at Comprehensive Health (Carroll, Kansas City Star [1], 4/28).

The health department earlier this month filed a motion to dismiss the subpoena, arguing that state abortion laws prohibit the department from disclosing information that could potentially identify a patient or abortion provider, the Star reports. Attorneys for the health department said the only exceptions are for use by the state attorney general or the state Board of Healing Arts in a criminal or disciplinary proceeding (Carroll, Kansas City Star [2], 4/28).

Johnson County, Kan., District Court Judge Stephen Tatum in his ruling said he agrees with the health department's interpretation of the law, adding that the "court finds that the subpoena at issue here would require the disclosure of privileged or protected matter and that no exception or waiver applies" (AP/Hays Daily News, 4/28). Kline said that the subpoena did not seek to identify patients or providers. He added that if the state Legislature intended to prohibit district attorneys from seeking other information in abortion records, it would have stated it in the law (Kansas City Star [2], 4/28).

Kline's office on Monday said that the ruling would not end Kline's investigation of PPKM but would only slow proceedings somewhat. Kline has filed 23 felony charges and 84 misdemeanors against PPKM alleging that Comprehensive Health violated state abortion laws (AP/Hays Daily News, 4/28). Pedro Irigonegaray, an attorney for PPKM, said the records in Kline's possession were never authenticated, adding that because they were not verified, Kline cannot introduce them as evidence. He added that he plans to introduce a motion this week to dismiss all felony charges and some of the misdemeanor charges against PPKM (Kansas City Star [1], 4/28).

Peter Brownlie, president and CEO of PPKM, said he hopes the ruling would end the case against PPKM, which he said "has always been far more about politics than the law." Brownlie said that Kline "has played fast and loose with the rules throughout his case," adding that Kline's "subpoena was an effort to get around his earlier failure to follow the rules of evidence" (AP/Hays Daily News, 4/28). A preliminary hearing in the case is scheduled for May 27 and May 28, the Star reports (Kansas City Star [1], 4/28).

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