KS Supreme Court Vindicates Kline in Abortion Records Caseby Staff
December 11, 2008
TOPEKA, Kans., (christiansunite.com) -- The Kansas Supreme Court has ruled that Johnson County District Attorney Phill Kline must return Planned Parenthood patient medical records to the office of Attorney General Steve Six by December 12. However, the return of those records will not affect the prosecution of Planned Parenthood since the heart of Kline's case is not patient records, but Kansas Department of Health and Environment (KDH&E) reporting documents.
"The ordered return of patient records to the Attorney General's office was an anticipated move by the Kansas Supreme Court, which has repeatedly obstructed efforts to prosecute abortionists," said Operation Rescue President Troy Newman. "But this order today does not affect the District Attorney's office's ability to prosecute, and we plan to make sure the incoming DA, Steve Howe, clearly understands that."
Kline's criminal case against Planned Parenthood is based on state-mandated reporting records from the KDH&E - not on patient medical records. The mandatory reporting of abortion information was required by the Legislature in order to monitor abortionists for law enforcement purposes.
The KDH&E records contain no patient identifying information, so the privacy of women has never been at risk.
Every judge who has looked at the evidence has ruled that there is probable cause to believe that Planned Parenthood violated the law.
Judge Richard Anderson - not Kline - has custody of the KDH&E records and patient records that would be presented as evidence at trial. The loss of Kline's working copies will not affect the ability of the District Attorney's office to prosecute the case.
The KDH&E forms were obtained from both Planned Parenthood and the KDH&E. Judge Richard Anderson became suspicious that the form submitted by Planned Parenthood was not a true photocopy of the original form on file with the KDH&E. Anderson consulted with a police handwriting expert who verified that the forms were altered. Anderson testified in court that he believed that Planned Parenthood had tampered with the second form.
The Kansas Supreme Court issued an order gagging Anderson that has prevented him from testifying, even though he is a witness to crimes that have been committed. This was done without notice to Kline, and without giving any basis for such action in law.
"More important than the patient records is the ability of Judge Anderson to testify to what he knows. The Supreme Court must lift its illegal gag order on Anderson, and allow him to testify if there is to be justice in this case," said Newman.
About Operation Rescue®Operation Rescue is one of the leading pro-life Christian activist organizations in the nation. Operation Rescue recently made headlines when it bought and closed an abortion clinic in Wichita, Kansas and has become the voice of the pro-life activist movement in America. Its activities are on the cutting edge of the abortion issue, taking direct action to restore legal personhood to the pre-born and stop abortion in obedience to biblical mandates.
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