Kansas Judge Will Rule Next Month on State Motion to Quash Abortion Subpoena
by Steven Ertelt
April 3, 2008
Wichita, KS (LifeNews.com) — A Kansas judge will rule next month on a motion by the Kansas Department of Health and Environment, which is refusing to turn over abortion records a district attorney needs to determine if a Planned Parenthood business has done illegal abortions. District Court Judge Stephen Tatum indicated he will rule in May.
The Overland Park Planned Parenthood abortion center faces 107 criminal charges filed by the District Attorney’s office in October of last year.
Johnson County District Attorney Phill Kline says Planned Parenthood violated state limits on late-term abortions and falsified medical records related to them.
Other charges include failing to maintain proper medical records and failing to discern the viability of unborn children prior to doing late-term abortions.
Last month, a grand jury failed to issue an indictment against the Overland Park Planned Parenthood but its decision did not affect Kline’s case.
Kline issued a subpoena for the health department to turn over abortion reports that would assist him in prosecuting the case, but the agency filed a motion to quash the subpoena.
Tatum heard arguments from both sides and Kline and state health department attorneys disagreed about whether state law prevents the agency from giving him the records. He indicated he would rule on the motion on April 28 and hold a hearing on May 27 and 28.
Mary Kay Culp, the head of Kansans for Life, talked with LifeNews.com after the ruling.
She accused Planned Parenthood, who sent an attorney to the hearing to support the health department, of wanting the agency to cover up its actions.
"If Planned Parenthood is innocent of felony charges against them, they should welcome simple verification of these nameless state reports, rather than send lawyers, four of them, to vehemently fight it," Culp said.
"It’s key to realize these are reports, not medical records," Culp explained.
Ultimately, even if Kline is not able to obtain the abortion reports, Culp says his case will continue and she thinks he will be able to hold Planned Parenthood accountable.
"The ridiculous refusal of the KDHE to verify the reports does not hurt Kline’s case. There are other ways to verify the reports," she concluded.
Shawnee County District Judge Richard Anderson previously examined the abortion records in question and indicated Planned Parenthood’s records and state records don’t match — indicating possible problems.
Related web sites:
Kansans for Life – https://www.kfl.org