Tiller Attorneys Ask Kan. Court To Block Subpoenas For Records Of 2,000 Women Who Sought Abortions

Main Category: Abortion
Also Included In: Medical Malpractice / Litigation
Article Date: 30 Jan 2008 - 5:00 PDT

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Attorneys for George Tiller -- owner of Women's Health Care Services in Wichita, Kan. -- on Monday filed a motion asking a Kansas judge to block a grand jury's request for medical records of every woman who sought or obtained abortions after their 21st week of pregnancy at his clinic from July 1, 2003, to Jan. 18, 2008, the Wichita Eagle reports. Kansas law allows abortions after 21 weeks' gestation in cases where the pregnant woman's life or well-being is in jeopardy, as determined by two independent doctors. The subpoenas sought by the 15-member grand jury asks that names and other identifying information be removed (Slyvester, Wichita Eagle, 1/29).

Tiller's attorneys called the request an "invasion of unprecedented scope" of patient privacy rights, adding that the risk of the records being leaked "will be an intolerable burden on the right of women to a legal abortion." Dan Monnat, one of Tiller's attorneys, said, "Because of the grand jury's actions -- based on no evidence of criminal conduct -- approximately 2,000 girls and women will now be in fear that the most private details of their lives will be read and discussed by 15 of their neighbors, schoolmates, colleagues, family members and complete strangers."

The motion also argues that the process used to seat the grand jury is unconstitutional (Hegeman, Associated Press, 1/28). Kansas is one of the few states that allows citizens to petition to empanel a grand jury. The antiabortion group Kansans for Life in September 2007 delivered a petition asking the Sedgwick County, Kan., District Court to convene a grand jury and appoint an independent prosecutor to investigate Tiller. Petitioners are arguing that Tiller violated state abortion laws and are asking the grand jury to examine some abortions that Tiller performed during the past five years and the reasons cited for the abortions (Daily Women's Health Policy Report, 11/13/07).

Troy Newman, president of the antiabortion group Operation Rescue, said that when testifying before the grand jury two weeks ago he said that he suggested the grand jury look at Tiller's patient records from 2004 to 2007, adding that he provided the grand jury with pictures of women going into Tiller's clinic. According to the Eagle, the grand jury issued the subpoenas less than one week after Newman testified.

The grand jury has requested the patient records by Friday. According to the Eagle, if a judge finds that there is likely evidence of criminal activity contained in the records, then the state Supreme Court has said that an independent physician and lawyer must review the records to ensure they properly have been redacted. Tiller's attorney Erin Thompson said in an affidavit that it took two employees working full time for a month to redact 60 patient records when former state Attorney General Phill Kline (R) was investigating the clinic last year. It would take more than 5,000 hours, or 15 months, of work to comply with the grand jury's request, Thompson said (Wichita Eagle, 1/29). If the court declines to bar the subpoenas, Tiller's attorneys asked that they be given proper time to redact the records. In addition, Tiller asked the state to pay in advance the costs of redacting and copying the records, as well as to issue a protective order to minimize risk of the files being leaked (Associated Press, 1/28).

Judge Orders Employee Records Be Provided to Grand Jury

Last week, a Kansas judge ordered Tiller to provide records of names and addresses of clinic employees and physicians who performed abortions, names of referring physicians and information on counseling services, the Eagle reports (Sylvester, Wichita Eagle, 1/25). Tiller's attorneys Lee Thompson and Laura Shaneyfelt on Thursday asked Sedgwick County, Kan., Judge Paul Buchanan to reject the grand jury's records request. "It is one thing to ask questions, but [it is] far different and far more invasive ... to turn over files to a group of unregulated and untrained citizens," Shaneyfelt said.

Sedgwick County Deputy District Attorney Ann Swegle said that the grand jury requested the records to "better understand the information" and that the panel was within its rights to make the request. Buchanan did not set a date by which the records must be submitted, but the grand jury investigation must be completed by April, the Washington Times reports. The Tiller grand jury is one of two abortion clinic investigations initiated last year by a citizen petition drive. Tiller's attorneys have tried to stop the grand juries, calling the investigations "essentially witch hunts," according to the Times. However, the state Supreme Court ruled that the grand jury could proceed. The grand jury was seated on Jan. 8 and has 90 days to decide whether to issue any indictments (Wetzstein, Washington Times, 1/26).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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