Clinic To Notify Patients About AG's Pursuit Of Records
Kline Accused Of Violating Gag Order
POSTED: 11:31 am CST March 16,
2005
UPDATED: 9:36 pm CST March 16,
2005
TOPEKA, Kan. -- Two abortion clinics on Wednesday accused Attorney General Phill Kline of violating a court's gag order covering his pursuit of patient medical records, and one planned to notify the patients affected by the request.Kline later reiterated that he needs the records as part of his investigation into child rape and potentially illegal late-term abortions."The only people who are at risk of public exposure are those individuals who have raped innocent children or performed abortions not in compliance with Kansas law," Kline said in a statement.
Last year, at Kline's request, a Shawnee County judge issued subpoenas for the records of 90 patients from Dr. George Tiller's clinic in Wichita and the Overland Park clinic operated by Planned Parenthood of Kansas and Mid-Missouri. Both clinics contend Kline, a vocal opponent of abortion, is on a "fishing expedition.""I think he is doing everything he can to block access to these services," said Peter Brownlie, Planned Parenthood's local chief executive. "This is a sweeping attempt to pry into the private medical records of women to see what's there."Kline's pursuit of the records has brought him national attention and infuriated abortion rights group, who compare his efforts to unsuccessful attempts by former U.S. Attorney General John Ashcroft last year to obtain records from Planned Parenthood nationwide.Last week, the Kansas Supreme Court, at the clinics' request, lifted a gag order imposed by the same judge who subpoenaed the records. The clinics also have asked the Supreme Court to narrow the subpoenas or block them.Brownlie and Bill Hoch, a spokesman for Tiller's clinic, said Kline violated the gag order by discussing the investigation publicly and including the transcript of an October district court hearing in documents his office filed last week with the Supreme Court.Brownlie declined to comment on whether Planned Parenthood would seek disciplinary action against Kline.Planned Parenthood's clinic will notify the 29 patients whose records were subpoenaed because they have a right to know about the investigation, Brownlie said. Hoch said he did not know whether Tiller's clinic would do the same.In his statement, Kline did not address the allegations that he violated the gag order but said his office would never release the names of patients, noting any records received from the clinic would first be turned over to the Shawnee County judge.Kline also noted that county prosecutors from across the state are supporting him in his legal dispute with the clinics and said investigators routinely see medical evidence."Medical records are used in virtually every violent crime investigation, and you never read the name of a child rape victim in the paper," Kline said.Brownlie and Hoch said the clinics routinely help criminal investigations, but typically authorities are seeking records after having identified a suspect. They said Kline's efforts are unusual because innocent patients' records are involved.A similar legal battle is underway in Indiana, where Planned Parenthood has sued Attorney General Steve Carter and an office fraud unit to block them from searching the records of clients at 40 clinics in that state. Carter has said he is investigating whether suspected incidents of child abuse had been properly reported to authorities.In 2002, when Kline narrowly won the attorney general's race, Tiller donated $153,000 to a political action committee just before the general election. The group then gave the same amount to another political action committee that broadcast radio ads against Kline.Also, as a legislator, Kline helped write the state's late-term abortion law, which prohibits abortions during and after the 22nd week unless a fetus cannot survive outside the womb or unless a woman's life and health are in danger.Web Link:
Kansas Supreme Court
Kansas Attorney General
Tiller's clinic
Planned Parenthood
Copyright 2005 by TheKansasCityChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.




















