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Archive for Friday, September 16, 2005

Kline: Judge must see women’s names

Attorney general seeks medical records on abortions at two clinics

By Scott Rothschild

September 16, 2005

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Topeka — Atty. Gen. Phill Kline said Thursday he did not want the names of women whose abortion records he was seeking, but that a judge must see those names.

"The judge does need to have the identifying information so he can compare other sources of medical records to ensure that the records relate to the same person," Kline said.

Kline's comments came as he filed a motion with the Kansas Supreme Court in his inquisition seeking medical records of abortions at two clinics.

Kline's office has argued it needs to see the files as part of an investigation into allegations of child rape, illegal late-term abortions and failure by clinics to report instances of child abuse.

The clinics, operated by Planned Parenthood of Kansas and Mid-Missouri in Overland Park, and abortion doctor George Tiller of Wichita, have denied any wrongdoing and accused Kline, a staunch opponent of abortion, of going on a politically motivated fishing expedition.

Shawnee County District Court Judge Richard Anderson has issued 90 subpoenas for patients' medical records at the clinics. The clinics have asked the Kansas Supreme Court to reject or limit the subpoenas. The court, which held oral arguments in the case last week, has yet to rule in the matter.

Kline's two-page motion filed Thursday attempted to clarify his position, he said.

"We wanted to make sure that the court was aware that this office does not need, nor is requesting and is not desiring any identifying information as it relates to the women whose medical records were subpoenaed at the two abortion clinics," Kline said.

But, he said, the judge needs to see the names in order to be able to compare the clinics' records with records from other sources.

In addition, he said, the court needs the names of the records of the patients younger than 16 in order to proceed with the investigation of rape.

In oral arguments before the court last week, attorney Lee Thompson, of Wichita, representing the clinics, said release of the medical records to a judge or one of his designees was an invasion of privacy because the records contained intimate personal information.

On Thursday, Kline also said he would accept if the judge appointed a doctor to review the records. Earlier, the attorney general's office argued that it wanted to appoint a physician to review the files.

Kline and abortion

Comments

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  1. captain_poindexter (anonymous) says…

    to receive subpoenas you must show probable cause.
    according to the district court judge, there was a showing of probable cause.
    your assertion that "he seeks to gain this information without probable cause, through fishing" is patently false.
    check the court records. you can debate the issue all you want, but don't mischaracterize the facts.

  2. John1945 (anonymous) says…

    If nothing else Kline has exposed the calloused orientation these baby killing abortuaries have against the victims of rape and child molestation. Talk about corporate greed and neglect.

  3. Dani (anonymous) says…

    Phill Kline gives me migraines.

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