Kline’s charges against Tiller say medical standard not met

On Dec. 21, 2006, less than three weeks before leaving office, then-Attorney General Phill Kline filed 30 counts of alleged violations of K.S.A. 65-6703, commonly known as the state late-term abortion law, against late-term abortion provider Dr. George Tiller.

The law says it is illegal to abort a fetus that is considered viable, meaning it could live outside the mother’s womb. But there is an exception to that law and that is when two doctors agree that the continuation of the pregnancy will cause the woman substantial and irreversible impairment of a major bodily function.

Kline’s charges against Tiller, of Wichita, were dismissed the next day by Sedgwick County District Judge Paul Clark, who said Kline didn’t have the jurisdictional authority to make the charges over the protestations of the local prosecutor, District Attorney Nola Foulston.

Fifteen of the charges alleged unlawful late-term abortions and in each of those cases Kline added another charge, alleging that Tiller failed to report justifications for late-term abortion.

Each of the charges are misdemeanors punishable by up to one year in jail, a $2,500 fine or both.

In the criminal complaint, Kline said the diagnoses of either anxiety disorder, adjustment disorder, major depressive disorder single episode, or acute stress disorder “do not establish that a continuation of pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of KSA 65-6703.” Kline alleged the clinic reported in three cases that the fetus wasn’t viable.

The abortions were done in 2003. The females who received abortions were a 10-year-old, a 13-year-old, two 14-year-olds, seven 15-year-olds, a 16-year-old, 18-year-old, 19-year-old and 22-year-old.

Key dates in Kline’s investigation of Tiller:

¢ January 2003 – Anti-abortion advocate Phill Kline takes office as attorney general after a narrow election victory over Democrat Chris Biggs, who was the Geary County prosecutor. ¢ September 2004 – During a secret investigation by Kline, Shawnee County District Judge Richard Anderson issues subpoenas for nearly 90 medical records of patient files from Tiller’s Women’s Health Clinic in Wichita, and Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri in Overland Park.¢ February 2005 – Clinics appeal the subpoenas to the Kansas Supreme Court. They deny any wrongdoing and claim Kline is on a “fishing expedition.”¢ October 2005 – Johnson County District Attorney Paul Morrison switches from the Republican Party to the Democratic Party to run against Kline and makes Kline’s investigation a major part of the campaign, saying that Kline was abusing his authority and pursuing a political agenda.¢ February 2006 – Kansas Supreme Court rules that patients’ privacy must be protected before Kline can have access to the records.¢ Nov. 1, 2006 – Kline says he has gained possession of the redacted medical records.¢ Nov. 7, 2006 – Morrison defeats Kline in a landslide.¢ Dec. 21, 2006 – Before leaving office, Kline files charges against Tiller. The next day a judge dismisses the charges. Morrison said he will review the case and decide by the end of June what to do.