Abortion records revelation heats up AG race

Democratic opponent criticizes the development as vote nears

? Atty. Gen. Phill Kline on Wednesday said he has gained possession of medical records needed to investigate abortion doctors and alleged child rapists.

The announcement by Kline, an ardent opponent of abortion, cranked up the heat in an already hotly contested legal struggle and the race for attorney general.

Democratic challenger Paul Morrison said the records’ development was bad news for Kansans.

“Phill Kline has abused the power of the attorney general’s office to finally get what he wanted all along – the chance to dig through Kansans’ private medical records,” said Mark Simpson, Morrison spokesman. “It’s desperate and it’s dangerous.”

Pedro Irigonegaray, an attorney representing the clinics, said the clinics have done nothing wrong and that Kline was using the case to get votes.

“To suggest that my clients are involved in criminal conduct is preposterous, it is untrue and it is an abuse of discretion. And it must stop,” Irigonegaray said.

He said his biggest fear was that “Kline and others may burst into one of these clinics, terrorizing patients and staff, disturbing medical procedures, and creating chaos.”

Sherriene Jones, a spokeswoman for Kline, said the statements from Morrison’s camp and Irigonegaray were irresponsible scare tactics.

Kline insisted he wasn’t investigating the women and girls whose records he sought.

“Only abortion doctors, confirming doctors, and rapists are under investigation. Also, I have never sought the women’s identities. I do not need their identities,” Kline said in a news release.

Kline said the records, turned over to his office Oct. 24, are under review by investigators. No timeline has been set on the investigation, his office said.

The development caps a two-year pursuit by Kline of the records in a case that has drawn national attention.

In October 2004, State District Court Judge Richard Anderson issued subpoenas sought by Kline for the patient files of 90 women and girls who received abortions at clinics operated by Dr. George Tiller, of Wichita, and Planned Parenthood of Overland Park.

The clinics challenged the subpoenas, saying Kline was on a politically motivated fishing expedition that would violate patients’ privacy rights.

The Kansas Supreme Court allowed the investigation to continue, provided that Anderson took measures to protect the privacy rights of the patients.

Kline said he is investigating allegations of child rape, failure to report child rape and performing illegal late-term abortions.

The investigation also includes more than 175 cases of live-birth records, abortions records and DNA samples obtained through the Child Rape Protection Act, Kline said.

Irigonegaray said Kline’s allegations against the clinics were unfounded.

“The continued attacks and threats by Mr. Kline create a very painful and difficult situation for those patients and their families, and I think it is shameful to cause that kind of harm for political advantage,” he said.

Tiller’s clinic specializes in late-term abortions, or when the fetus has the ability to survive outside the womb. Under Kansas law, the woman may obtain a late-term abortion if the abortion is necessary to preserve the life or health of the pregnant woman.

Access to the records has occurred during a heated campaign for attorney general.

Morrison has made Kline’s pursuit of the records a major campaign issue, saying that Kline’s personal politics has led to a misguided investigation.

But abortion opponents have praised Kline’s actions and were glad to hear of the latest development.

“We anxiously await the day that we can see George Tiller and other members of the Kansas abortion cartel behind bars where they belong,” said Operation Rescue President Troy Newman.

Jones, Kline’s spokeswoman, said the timing of the announcement that Kline received the records from the court had nothing to do with the campaign.

His office received the records last week, but it has taken that long for investigators to report to Kline what they have found, she said.

Kline said the investigation also centers on allegations of rape by force or fear; failure to report suspicion of child sexual abuse; incest; and making false information.

“If there was not a reason for this investigation to continue, it would cease. The investigation is continuing,” Kline said.