Olathe Johnson County District Attorney Phill Kline is not entitled to state abortion records he was seeking in his criminal case against Planned Parenthood, a judge ruled Monday.
Kline had argued that he needs the Kansas Department of Health and Environment records to verify some abortion records he received from the state while he was attorney general. He has said he believes the documents he has are authentic, but he wants state health officials to say so on the record.
Kansas law requires prosecutors to have authenticated state records for evidence in a criminal proceeding.
Kline has filed 23 felony counts against Planned Parenthood of Kansas and Mid-Missouri and its Overland Park clinic, Comprehensive Health, alleging that it manufactured or forged documents in August 2006 regarding late-term abortions.
He also filed 84 misdemeanors, alleging that Planned Parenthood did not maintain records between 2003 and 2006, didn't determine the viability of a fetus before late-term abortions at various times in 2003, and performed unlawful late-term abortions at various times in 2003.
Planned Parenthood had denied the allegations, calling them a political ploy by Kline, who strongly opposes abortion.
Earlier this year, Kline subpoenaed 23 late-term abortion reports from the state health department. Planned Parenthood is required to give the forms to the health department to show it complied with late-term abortion laws.