Lawyers clash over abortion records
Olathe ? Prosecutors and attorneys for a Planned Parenthood clinic were still arguing in court Thursday over the custody of patients’ medical records that are key evidence in a criminal case against the abortion provider.
The clinic hopes to force Johnson County District Attorney Phill Kline to provide a detailed accounting for his evidence. Planned Parenthood’s attorneys said they want to keep Kline from taking documents with him when he leaves the prosecutor’s office on Jan. 12, having lost the Republican primary in August.
Kline, an abortion opponent, has filed 107 criminal charges against the Overland Park clinic, alleging it falsified documents and performed illegal late-term abortions. The clinic denies the allegations and has challenged Kline’s right to keep edited copies of records from 29 patients’ files.
Last week, the clinic subpoenaed Kline, seeking a detailed accounting for his evidence. The subpoena was an issue during Thursday’s hearing about the status of the criminal case.
District Judge Stephen Tatum scheduled another hearing for Jan. 8 — four days before Kline leaves office — to consider the subpoena and a request from Kline to quash it.
Pedro Irigonegaray, a Topeka attorney representing the clinic, said he wants to prevent Kline from sharing copies of the records with others after leaving office.
“The potential for the risk is so great, the history so disconcerting,” he said.
Kline was not present for the hearing, but Assistant District Attorney Steven Obermeier said there is no legal precedent for requiring a prosecutor to make such an accounting. He asked Tatum whether Kline would be required to make a similar accounting in the other criminal cases he’s pursuing.
The judge said he will order Kline to be present at the next hearing, but he also said, “I’ve heard nothing about any records leaving.”
Kline obtained the records while serving as Kansas attorney general in 2003-07. He lost his 2006 race for re-election and just before leaving the state office, he had the records transferred to Johnson County, where he had been appointed to fill a vacancy.
The Kansas Supreme Court refused earlier this month to order Kline to turn over the evidence he has gathered to the attorney general’s office, which has found no wrongdoing at the clinic. The high court did tell Kline to provide a set of copies for the attorney general, which Kline did.
The court’s 5-2 majority also strongly criticized Kline and took a first step toward revoking his law license by sending its opinion to the state official who investigates alleged misconduct by attorneys.
The incoming district attorney, Steve Howe, who defeated Kline in the Republican primary, has declined to comment on how he’ll handle the Planned Parenthood case. Some abortion opponents fear he’ll be less aggressive in pursuing it and are frustrated with Planned Parenthood’s efforts to block a trial.
“It’s just a showcase for Planned Parenthood to divert attention away from the charges facing them and to delay things until Kline is out of office,” said Mary Kay Culp, executive director of the anti-abortion group Kansans for Life and a Kline supporter.




