Topeka ? Kansas Atty. Gen. Phill Kline, who has launched a criminal investigation into two abortion clinics, announced Tuesday he also is investigating instances of live births to mothers as young as 10 years old.

“Keeping Kansas children safe is one of the primary responsibilities of the office of attorney general,” Kline said at a news conference.

But Kline critics said they were suspicious of the timing and substance of his announcement, coming what could be just days before the Kansas Supreme Court rules on a crucial issue in the abortion clinic investigation.

“It was pretty obvious what the intent of releasing this information was,” Jana Mackey, executive director of the Kansas chapter of the National Organization for Women, said.

Last year, Kline, an ardent abortion foe, had through a secret investigation gotten a district court judge to subpoena health records of 90 women and girls who received abortions at clinics operated by Dr. George Tiller of Wichita and Planned Parenthood of Kansas and Mid-Missouri in Overland Park.

Kline said he was investigating allegations of rape and illegal late-term abortions. The investigation became public when the clinics challenged the subpoenas at the Kansas Supreme Court, saying Kline’s demand for records was an unconstitutional invasion of privacy because the health records include personal information about the patient’s medical and sexual history. The clinics denied any wrongdoing.

Kline’s critics asked, if the allegations concerned sexual assault of young girls, why the attorney general wasn’t also looking into underage girls giving birth.

In arguments last month before the state Supreme Court, Kline’s chief deputy, Eric Rucker, conceded Kline had not subpoenaed any records concerning live births.

Mackey said on Tuesday that Kline’s announcement now that he was investigating live births was an attempt to defuse that criticism.

“During the Supreme Court hearing, there was a lot of skepticism from the judges as to why the records of live births weren’t being subpoenaed,” Mackey said. “I think this is just an attempt to appease that without really addressing the issue.”

Kline denied Tuesday’s announcement was in reaction to the Supreme Court questions.

Kline also said Rucker was correct that no records of live births had been subpoenaed, but that the records had nevertheless been obtained. He declined to say how.

Kline said his office doesn’t normally release information on pending investigations of sex crimes against children, but that he felt now it was important to release it to let the public know the extent of his office’s investigations.

“I thought it was appropriate in light of what the coverage has been … that you be aware and the public be aware,” Kline told reporters.

Kline said since taking office in January 2003, his office has investigated, prosecuted or referred to other agencies 683 alleged sex crimes against children.

He said his office obtained records of 62 live births to girls under age 16. Of those, 30 cases involved mothers aged 10 to 13.

He also said there were 30 cases his office found that had not been reported or were otherwise unknown to local prosecutors.

According to the attorney general’s office, five of the cases were successfully prosecuted; nine were referred to prosecutors who declined prosecution; two were not prosecuted because the couples in question were married; and three remain under investigation. The status of 13 cases referred to local prosecutors is currently unknown.

Kline wouldn’t provide other details of the cases, citing the need to protect confidentiality of the mothers.