Archive for Tuesday, October 3, 2006

Prosecutor: Attorney general misrepresented sex-crime case

October 3, 2006


— Atty. Gen. Phill Kline had nothing to do with a Sedgwick County case he has repeatedly used to defend an investigation that entangled him in a lengthy legal fight with two abortion clinics, the county's top prosecutor said Monday.

Kline has pointed to the case of Robert A. Estrada, who pleaded no contest in July to nine criminal charges stemming from the rape and sexual abuse of two young girls.

Kline cites it as an example of how his office uncovered wrongdoing through a broad investigation of sex crimes against children and potentially illegal late-term abortions.

That investigation also led Kline to seek the records of 90 patients held by two abortion clinics, which resisted.

The battle over those records has become a key issue as Kline, a Republican, runs for re-election against Democrat Paul Morrison in the Nov. 7 general election.

The Estrada case isn't connected to those abortion-clinic records directly, though Kline has cited it to demonstrate that he has achieved results from the broader investigation.

Sedgwick County Dist. Atty. Nola Foulston, a Democrat, said no abortion records were involved in Estrada's case, only records of live births involving the two girls.

"Kline had absolutely nothing to do with our case - nothing, zero," she told The Associated Press on Monday.

The attorney general's office sent Foulston a memo in October 2005, about "credible information" it had obtained about "numerous incidents" of sex crimes against children. One of Estrada's victims was mentioned - because she had given birth.

Later, told of Foulston's comments, Kline said he and Foulston shouldn't be viewed as being in conflict because she was discussing her reasons for prosecuting Estrada and, "It's not necessarily a conflict."


Baille 11 years, 6 months ago

Speaking out regarding an inquisition where the district court judge has sealed the records and told Kline to shut up. Dumb.

Speaking out regarding an inquisition where the Supreme Court has publically admonished Kline for acting unethically by not shutting up. Dumber.

Speaking out yet again about regarding the inquest and then LYING about it to the public. Dumbest.

Phill is finding new lows on his crusade to get re-elected. I hope the western 2/3 of the state is actually paying attention to his character and not to his campaign slogans.

dthroat 11 years, 6 months ago

TopekaPhilly (as The Voice of Merrill calls him) is showing just how biased and STUPID he is every day. I agree Baille that I hope the western 2/3 of the state is paying attention.

And I wish the COURTS would enforce their orders as they would against me or another citizen who abused a gag order. I think censure and/or fine would be in order about now.

xenophonschild 11 years, 6 months ago

Might be unrealistic to expect the trog K-State wobbleheads in the western 2/3 of the state to change their read on Kline. As long as he says "God" every five words, they'll vote for him.

dthroat made a good point. Why isn't the KSC reprimanding this punk? Anyone else, any other lawyer in the state, who tried this kind of publicity stunt would have his butt fried to cinders.

Kline is clearly out of control; it speaks to the quality of judicial supervision if he is allowed to continue his contempt, defiance, and negligence inre abiding by court orders.

Bobo Fleming 11 years, 6 months ago

To all of you having fun about Kline getting those abortion records. Try this one out. 12 year old girl impregnated by her father. Her aunt (fathers sister ) takes her to abortion clinic in Lawrence. Tells them that the girl is 18. Mom isnt informed. Abortion done. No evidence retained. Dad goes on molesting the girl for two more years until Dad goes after a friend of his daughters during a stay over and it all come out. Dad now in the slammer. Girl had two more years of being raped and molested because the "clinic" believed that the 12 year old was 18. Interesting? I think that the clinic might have been a little more careful if they thought that somebody in law enforcement could take a look at their records.

BigDog 11 years, 6 months ago

senegal66025 .... that is truly a sick and sad story. It is too bad that some indivudulas are so blinded by their political views to see the reality. In reality, this kind of stuff goes on in all segments of our society and these kind of sick people need to be off of our streets.

I want to know what each candidate is going to do about investigating and prosecuting these kinds of acts. For instance how would Phill Kline protect children without using medical records without permission? For Paul Morrison, is he opposed to reviewing abortion clininc records to possibly detect a crime? I don't want the spin version of the issue.

MyName 11 years, 6 months ago

Senegal: Which clinic was this? Heck, which year was this? Also, do you honestly expect me to believe that any doctor would even pretend that someone was 7 years younger than they ought to be. Where's the motivation? Not only that, but if there really was a doctor that was that stupid, would we really need a fishing expedition through medical records to find him or her out?

I want to know what each candidate is going to do about investigating and prosecuting these kinds of acts.

Well, considering the fact that Kline's fishing expedition has yet to turn up a single instance of wrong-doing, I think they'd both be doing the same thing: trusting the medical providers to follow the law and report what needs to be reported and keep private everything else.

Bobo Fleming 11 years, 6 months ago

TO my name. 1999. Believe what you want. What I am telling you happened. I dont think that Kline should have a right to go "fishing" thru personal records or pursue some sort of anti abortion agenda using his powers of AG. Still this happened. I know of it personally not thru some story I read and it troubles me. When I read the attacks on Kline who I think is a bozo I also think about the indicdent I know about and what that 14 year old looked like when I saw her. That clinic knew she wasnt 18. When I saw her at 14 she looked like she was 12. If they had eyes in their heads they knew. They also knew it wasnt her mother with her. I think that something should be done to stop this and I think that the clinics hide behide privacy to get away with these kind of abortions. They are rare thank God but I th ink it happens.

Bobo Fleming 11 years, 6 months ago

Its hard for me to imagine why the clinic in question even agreed to the abortion. I would only hope that the clinic would have throught twice about it if they knew that their records could have been looked at. Of course they might have assumed that the records would have simply stated that the girl was 18 and that would be that. I really dont like what Kline is doing about the records, I simply think that the other side on the issue is about as bad as Kline when it comes to making sweeping statements about these matters. This was a very sad and tragic thing for this little girl and sometimes I think that the victims get trampled when the elephants and the donkeys come out on the field to play.

Baille 11 years, 6 months ago


Law enforcement has access to these records, but they have to seek them out in a way that respects the privacy of patients and demands of due process. It certainly seems to be the case that Kline could have had access to some, if not most, of the records requested during the inquest - if he had asked for them to be redacted. Then once it became clear that an underage girl was having an abortion, he could request the identity of the patient and contiue the investigation from there.

Kline chose to make a spectacle out if his investigation and continues to do so.

Certainly clinics should - and I think do - think twice before they undertake something that could potentially violate the law. It isn't like they are immune to subpoena or get a pass for violations of the law. And it may be that some sort of protocol for age verification for such procedures is warranted. Would it be unreasonable to ask for picture id and a birth certificate before performing an abortion on anyone who appears to be under 25? I don't know that it would.

In any case, that would have a much better chance of catching your 12 year-old than Phill's Follies ever would.

Certainly, this is a story that is very personal to you and has impacted you deeply. I understand that. I used to work with sexually abused children. They all have tragic stories and very difficult challenges that will endure for the rest of their lives. I hope your friend has sought and received help with those challenges.

xenophonschild 11 years, 6 months ago

And the silence from the right is deafening.

Phill Kline is scum.

delta77 11 years, 6 months ago

what, you wanted the girl to have a baby at 12?

Curious 11 years, 6 months ago

Kline is our attorney general. He tries to enforce laws that have been "winked at" for years. Dad's and older men can do what they want in the "privacy of their own homes." And abortion clinics are there to collect the blood money. Klines motives are irrelevant. Let's discuss the facts.

Should abortion clinics be required to report suspected cases of child abuse along with those who are required to now: doctors, nurses, teachers, schools, churches, etc.?

xenophonschild 11 years, 6 months ago

The point is . . . Kline is a dangerous, wannabee populist demagogue. He doesn't care squat about the Attorney-General's office; he merely wants to use it as a springboard for higher office, for Pat Roberts' Senate seat.

Hope he gets nipped in the bud before he can cause serious grief for Kansas and Kansans.

Just a thought: Kline went out-of- state for his direct-mail politican campaign work. He signed with The Strategy Group for Media in Powell, Ohio to do his creative, list management, printing/mailing.

What, there aren't letter/print shops in Kansas who can hold their noses long enough to print his garbage?

CommonSense4All 11 years, 6 months ago

if you actually read what Kline said, it does not conflict with what Foulston says. Kline said he sent info to SGCO DA from his investigation, which includes live birth records.

The DA admits she got the memo, but says she didn't consider it when charging.

Sounds like a jealous DA not wanting to share any credit and a Kline-hating media peeing all over themselves.

xenophonschild 11 years, 6 months ago

Nola Foulston is one of the most ultra-conservative prosecutors in the history of Kansas.

And just who, among the die-hard, far right scribblers and TV talking heads west of Emporia, could anyone ever ascribe as a Kline hater? All Kline has to do is say "God" every five words and the yokels eat him up like cats licking cream.

Kline is scum.

Curious 11 years, 6 months ago

I repeat. Even the devil can do some good things so . . .

Why are you all skirting the issue? Kline this, Kline that. Do we protect children in this way, or do we NOT?

Should abortion clinics be made to report possible cases of child abuse as others do?

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