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Kaiser Daily Women's Health Policy
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Abortion News | Kansas AG Morrison Ends Investigation of Planned Parenthood Affiliate Accused of Illegal Late-Term Abortions, Drops Half of Tiller Charges
[Jun 28, 2007]

     Kansas Attorney General Paul Morrison (D) on Tuesday in a letter to Pedro Irigonegaray, the attorney representing Planned Parenthood of Kansas and Mid-Missouri, said he has ended the investigation against a clinic operated by the organization in Overland Park, Kan., for allegedly performing illegal late-term abortions, the Kansas City Star reports (Carroll/Klepper, Kansas City Star, 6/26).

Former state Attorney General Phill Kline (R) in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health, which is operated by PPKM. Kline also subpoenaed the records at 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 can seek access to the records but that he must return to Shawnee County, Kan., 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 (Kaiser Daily Women's Health Policy Report, 1/10).

Morrison in the letter to Irigonegaray wrote, "Our investigation is now complete, and we have found no evidence of any criminal wrongdoing by your client." He added, "As a result, we will not be filling any charges against your client." PPKM officials subsequently released the letter during a news conference, the AP/Topeka Capital-Journal reports. Peter Brownlie, president and CEO of the organization, said the letter confirmed that the clinic provides high-quality medical care and complies with state law (Hollingsworth, AP/Topeka Capital-Journal, 6/26). "From the beginning, we've also said that Mr. Kline's investigation was nothing more and nothing less than a fishing expedition, conducted for a political agenda," Brownlie said. He added that the organization is "grateful" the "witch-hunt is over" but is still concerned that Kline -- who is now district attorney of Johnson County, Kan. -- will continue his own investigation (Kansas City Star, 6/26).

Kline did not comment on whether an investigation was underway, but said he was not surprised by Morrison's letter. Morrison's "actions were predicted months ago and fully anticipated," Kline said. Mary Kay Culp, executive director of Kansans for Life, said the letter to PPKM is significant because it is "probably a harbinger of what's to come with [George] Tiller," who owns Women's Health Care Services (AP/Topeka Capital-Journal, 6/26).

Tiller Case
Morrison spokesperson Ashley Anstaett on Wednesday said that 15 of the 30 charges filed by Kline last year against Tiller were based on incomplete and substandard information, the Kansas City Star reports (Klepper, Kansas City Star, 6/27). Kline charged Tiller with 30 misdemeanors for allegedly performing 15 illegal late-term abortions in 2003 on women ages 10 to 22 without properly reporting the details to the state. Kline hired attorney Don McKinney to be special prosecutor in the case. Morrison -- who defeated Kline in the November 2006 election -- fired McKinney in January, and Morrison's office asked the state Supreme Court to dismiss McKinney's appeal. Morrison has said he is conducting his own investigation and will decide whether to reinstate charges against Tiller (Kaiser Daily Women's Health Policy Report, 6/14).

According to the Star, 15 of the charges filed by Kline said that Tiller relied on inadequate diagnoses to justify late-term abortions that otherwise would be illegal, and the other 15 charges alleged that Tiller did not properly report the procedures on mandated state health forms. According to Morrison's office, Kline mixed up copies later used for four of the charges. In addition, Anstaett said Kline withheld from court documents a statement from a state health official that Tiller completed the forms. The statement should have been submitted to the judge before Kline filed 11 of the charges, Anstaett said (Kansas City Star, 6/27).

Kline said Morrison's "depiction is false." Tiller attorney Dan Monnat said Morrison's investigation will show that Tiller is following state law (Hanna, AP/Forbes, 6/27). According to the Washington Post, a decision on the other 15 charges is expected by the end of this week (Slevin, Washington Post, 6/28).

For current women's health policy news, visit the National Partnership for Women & Families' website.


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