Tiller's Attorneys Appeal Ruling Denying Motion To Prevent Grand Jury From Examining Medical Records

Main Category: Abortion
Also Included In: Medical Malpractice / Litigation
Article Date: 04 Feb 2008 - 5:00 PDT

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A Kansas judge on Wednesday ordered abortion provider George Tiller -- owner of Women's Health Care Services in Wichita, Kan. -- to turn over the medical records of 2,000 women who sought or obtained abortions after their 21st week of pregnancy to a grand jury investigating the case, the Los Angeles Times reports (Simon, Los Angeles Times, 1/31). Attorneys for Tiller appealed the ruling Thursday to the Kansas Supreme Court (Sylvester, Wichita Eagle, 2/1).

The grand jury is investigating whether Tiller violated Kansas law, which allows women to abort a fetus post-viability only if two doctors certify that continuing the pregnancy could kill the woman or cause "substantial and irreversible impairment of a major bodily function." The Supreme Court requires that a woman's mental as well as physical health be taken into account (Los Angeles Times, 1/31).

Former Sedgwick County, Kan., Chief Judge Paul Buchanan, who is overseeing the grand jury investigation of Tiller, ordered Women's Health Care Services to use "all deliberate speed" in providing the files to the Sedgwick County district attorney's office (Hegeman, AP/Hays Daily News, 1/30). The grand jury's subpoenas requested the records by 9 a.m. Friday (Wetzstein, Washington Times, 1/31). Buchanan ordered Tiller to provide prosecutors with the identifying numbers on the files by Thursday at noon, and files would then be selected at random from the identifying numbers (Laviana, Wichita Eagle, 1/31). Tiller's attorneys instead filed an appeal with the state Supreme Court. They also sought and received another hearing Friday to seek further protections in Sedgwick County District Court (Sylvester, Wichita Eagle, 2/1).

Bonnie Scott Jones, an attorney for the Center for Reproductive Rights, also filed a motion to intervene on behalf of Tiller's patients (AP/Hays Daily News, 1/30). Jones filed an affidavit from three of Tiller's patients that asks the courts to keep their records private (Los Angeles Times, 1/31). CRR's request also is scheduled to be heard Friday by Buchanan (Wichita Eagle, 2/1).

Comments

Dan Monnat, one of Tiller's attorneys, said the request for the records is "an unprecedented encroachment upon a woman's right to privacy." One of Tiller's patients who submitted an affidavit wrote, "Even thinking about the possibility of anti-choice extremists identifying me has caused my partner and I great distress" (Los Angeles Times, 1/31). Tiller's attorney Erin Thompson has 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, she said (Daily Women's Health Policy Report, 1/29).

Sedgwick County Deputy District Attorney Ann Swegle said she understands that it would take time to comply with the request, adding that there is no reason the records could not be turned over incrementally. "Incremental is fine," Swegle said, adding, "We just don't want any foot-dragging." David Gittrich, development director of Kansans for Life, said, "The grand jury is going to be allowed to continue its investigation, and we're pleased with that." He added, "The grand jury is trying to do what it was commissioned to do" (Wichita Eagle, 1/31).

Other Related Developments

In related news, Planned Parenthood of Kansas and Mid-Missouri on Thursday filed a motion to block a grand jury subpoena investigating PPKM's Overland Park, Kan., clinic Comprehensive Health, the Eagle reports. The grand jury has subpoenaed 16 records from abortions preformed at the clinic in 2003 (Sylvester, Wichita Eagle, 2/1). A hearing is scheduled for Feb. 15 before Johnson County District Judge Kevin Moriarty. PPKM also is being investigated by Kline, who is now district attorney for Johnson County (Daily Women's Health Policy Report, 10/19/07).

Also on Thursday, state Rep. Lance Kinzer (R) said he plans to introduce a bill that would increase enforcement of Kansas' post-21 week abortion law, the Eagle reports. According to the Eagle, the proposed measure would allow district and county attorneys to see abortion records and pursue a case if they believe a crime was committed.

Another provision would require women to have at least 30 minutes of "reflection" before their abortion. Other provisions would require the Kansas State Board of Healing Arts to revoke the medical license of a physician who breaks the law; require physicians to keep abortion records for 10 years, compared with the current five-year requirement; allow women to see any ultrasound images taken of their fetus or hear a fetal heartbeat; require proof of identification by an adult bringing a minor to an abortion clinic; and allow the attorney general, district attorney or county attorney to prosecute a reported violation in the county where the woman lives or where the procedure took place.

Kinzer said, "A very good and limited [post-21 week abortion] law in the state of Kansas is not being followed and enforced." Julie Burkhart, CEO of the abortion-rights group ProKanDo, said the measure "trivializes the real pain and heartache that women and their families go through when they have to make a decision" to have an abortion (Koranda, Wichita Eagle, 2/1).

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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