Topeka ? Atty. Gen. Phill Kline continued the public battle over a closed-door legal process Thursday. He said in a press conference that his secret investigation into two abortion clinics was based on allegations of child rape and criminal late-term abortion.

Previously, the suggestion that Kline was looking for evidence of child rape came in legal filings by clinic lawyers.

“The issue in this case is whether abortion clinics are above the law,” Kline said.

The clinics denied any wrongdoing and said any cases of criminal abuse involving their patients had been reported to the proper authorities.

“Our clients have followed the law and will continue to do so,” said a statement from the law office of Lee Thompson, of Wichita.

The back-and-forth has drawn national attention and raised questions about the attorney general’s methods.

Dana Lattin, a Lawrence abortion-rights activist, said she doubted that Kline’s inquisition was driven by allegations of child rape.

“If that’s the case, then why isn’t he going after the underage girls who went ahead and had their babies?” Lattin said. “Why is he only going after girls who sought alternatives to their pregnancies?”

Asked if the attorney general’s office was investigating births involving underage girls, Kline spokesman Whitney Watson replied: “How do you know we’re not? I couldn’t confirm or deny that. You shouldn’t assume we are or that we aren’t.”

Kline’s inquisition

Kansas Supreme Court Case, Alpha and Beta Clinic vs. The Honorable Judge Richard Anderson and Attorney General Phill Kline Brief (.doc) Summary of Facts and Legal Arguments (.doc) Subpoena given to Alpha and Beta Clinics (.pdf) Transcript of court proceedings, page 1 (.pdf) Transcript of court proceedings, page 2 (.pdf) Transcript of court proceedings, page 3 (.pdf) Transcript of court proceedings, page 4 (.pdf) Transcript of court proceedings, page 5 (.pdf) Transcript of court proceedings, page 6 (.pdf) A.G. releases information despite gag order (03-04-05) Doctor’s privacy claims criticized (02-26-05) A.G. wants to search abortion records (02-25-05) Doctor subpoenaed, but not under investigation (02-23-05) Sebelius seeks clinic inquiry (02-22-05) Read more about the abortion issue

Last year, Kline, who is staunchly opposed to abortion, launched a secret inquisition — the legal term for the investigation — into two clinics before a state district court. The inquisition was sealed under a court order.

But the proceeding came to light last week when the clinics’ attorneys filed an appeal to the Kansas Supreme Court seeking to reverse a district court order to turn over medical records of about 90 women and girls who obtained abortions.

In their brief, the clinics said Kline was on a “fishing expedition” that would invade the patients’ rights to privacy.

“The logical and natural progression of this action could well be a knock on the door of a woman who exercised her constitutional right to privacy, by special agents of the attorney general who seek to inquire into her personal medical, sexual or legal history,” the clinics’ attorneys said.

On Thursday, Kline responded with his own legal brief and discussed it in the press conference.

“The relevant crimes involved include child rape and criminal late-term abortion,” Kline told reporters.

State law prohibits abortions during or after the 22nd week of pregnancy if the fetus can survive outside the woman, unless a woman’s life or health is in danger.

Kansas law also makes sex with someone under 16 illegal.

Young mothers

Records maintained by the Kansas Department of Health and Environment show that in 2003 — the latest data available — 171 girls under age 16 gave birth in the state; two gave birth outside the state.

Forty of these births involved girls between ages 10 and 14, including two in Douglas County, two in Johnson County, 10 in Sedgwick County and 11 in Wyandotte County.

Records from 2003 also show that 366 16-year-old girls gave birth in the state; 13 outside the state. It’s unclear how many of these girls became pregnant when they were 15.

Kline said he doubted many child rapists would allow their victims to carry out their pregnancies. And he said his office would not prosecute consensual sexual activity between children of similar age.

“I have stated that repeatedly; we are looking for the child predators,” Kline said. “You do not find child predators standing in a hospital as their prey gives birth to the child that they father. That’s common sense.”

Clinic response

While the clinics are unnamed in the investigation, the attorneys seeking to stop or amend the subpoena represent Dr. George Tiller, whose Wichita clinic is well-known for performing late-term abortions.

The statement from the clinics said, “They have fulfilled their duties to protect the privacy of their patients, to report cases of criminal abuse to authorities in the locations that have jurisdiction, and, as well, to respect the orders of the Kansas courts (including in this case) concerning public disclosure of information to subpoenas and medical records.”

Kline blasted the clinics for trying to block access to the records.

“The issue at hand is not abortion. It is whether a judge can subpoena medical records in a criminal investigation,” Kline said, adding that a subpoena for medical records is routine in many cases.

And he said the clinics were using fear tactics by saying the investigation would lead to public disclosure of records.

“This office is dedicated to protecting the privacy of victims but committed to not protecting the secrecy of predators or those who violate the law,” Kline said. He said the court could easily redact information from the records that isn’t relevant.

An abortion rights group founded by Tiller criticized Kline.

“The sole purpose of his (Kline’s) investigation is to end the practice of late-term abortions for maternal health risk and fetal anomalies,” a statement from ProKanDo said. “This investigation is part of his personal crusade to glorify his public image while trampling on the rights of women everywhere.”