Former Kansas AG Kline Files Felony, Misdemeanor Charges Against Planned Parenthood Clinic

Main Category: Medical Malpractice / Litigation
Also Included In: Sexual Health / STDs;  Public Health
Article Date: 22 Oct 2007 - 6:00 PDT

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Johnson County, Kan., District Attorney Phill Kline (R) on Wednesday filed more than 100 felony and misdemeanor counts against Planned Parenthood of Kansas and Mid-Missouri's Overland Park, Kan., clinic Comprehensive Health for allegedly providing illegal late-term abortions, among other crimes, the New York Times reports. According to the Times, the charges include 29 felony counts of providing false information and 84 misdemeanor counts of failing to determine viability for a late-term abortion, unlawful late-term abortion and failure to maintain records (Saulny, New York Times, 10/18).

Kline while serving as state attorney general in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health or Women's Health Care Services in Wichita, Kan., saying there is probable cause that each record contains evidence of a felony. The state Supreme Court in February 2006 ruled that Kline could seek access to the records but that he must return to Shawnee County District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office in November 2006 after removing information that would identify individuals.

State Attorney General Paul Morrison (D) -- who defeated Kline in the November 2006 election -- in June in a letter to PPKM attorney Pedro Irigonegaray wrote that he has ended the investigation of Comprehensive Health. Morrison added that the attorney general's office "found no evidence of any criminal wrongdoing" by the clinic. Morrison in the letter also said that Kline forwarded copies of the medical records from PPKM patients to the Johnson County district attorney's office on Jan. 5 -- three days before he left the state attorney general's office. Kline retains copies of the records, according to Morrison's letter (Kaiser Daily Women's Health Policy Report, 7/23). Johnson County District Court Judge Stephen Tatum on Wednesday after Kline's complaint was filed found probable cause for the charges and set a court date for Nov. 16, the Kansas City Star reports (Bauer et al., Kansas City Star, 10/17).

Reaction
Kline on his Web site said he would not comment on the filing. PPKM CEO Peter Brownlie said that the clinic did not perform any abortions past 22 weeks of gestation. He added, "We always provide high-quality care in full accord with state and federal law" (New York Times, 10/18). Irigonegaray, who is a listed witness, declined to comment about the charges but said, "We will carefully review the documents ... and simply wait and see what this is all about." Ashley Anstaett, spokesperson for Morrison's office, said that Morrison will not be doing any further investigation of the clinic. She added, "We are skeptical that these charges have any merit," and "[w]e continue to wonder how much politics influenced Mr. Kline's decision to file these charges."

Mary Kay Culp, executive director of Kansans for Life, said, "I'm really thankful that we have someone with the courage to enforce" laws that "protect not only unborn children but their young mothers" (Kansas City Star, 10/17). According to Troy Newman -- president of Operation Rescue, which is leading a coalition seeking signatures for a petition to convene a grand jury to investigate whether the clinic adhered to state abortion laws -- said Kline's filing "vindicates what the pro-life movement has been saying for years -- that Planned Parenthood has been guilty of illegal abortions, illegal misrepresentation, falsifying records and skirting every possible law for their own benefit."

Pamela Sumners, executive director of NARAL Pro-Choice Missouri, said, "The real story here doesn't have anything to do with how Planned Parenthood conducts its business," adding, "This is obviously just a case of Phill Kline, who was voted out as attorney general, trying to misuse his local prosecutorial discretion to keep grinding this ax that the voters have said they don't want to hear about anymore" (Gross, AP/Hays Daily News, 10/18).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation© 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.