[Pflienews] PharmFacts E-News Update: Judge to Hear Criminal Charges against Klan Parenthood
PFLI PharmAid Center
pfli at pfli.org
Sat Mar 22 13:04:00 MDT 2008
*PharmFacts E-News Update -- 22 Mar 2008 AD +Holy Saturday
*
http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200803/CUL20080320a.html
*Judge to Hear Criminal Charges against [Klan] Parenthood
*By Penny Starr
CNSNews.com Senior Staff Writer
March 20, 2008
(CNSNews.com) - Planned Parenthood of Kansas and Mid-Missouri is facing
107 criminal charges, including 23 felony counts of falsifying medical
documents related to late-term abortions. The felony charges will be
examined at preliminary hearings set for April 7 and 8 in Johnson County
District Court in Olathe, Kan.
The current case stems from 2003, when then-Kansas Attorney General
Phill Kline requested a subpoena, which was eventually issued by a
judge, for Planned Parenthood Federation of America's Midwestern
affiliate to hand over its medical records.
Kline, who is now the district attorney in Johnson County, obtained the
records in October 2006 and subsequently filed 107 criminal charges
against Planned Parenthood of Kansas and Mid-Missouri in October 2007.
In addition to the felony counts of falsifying documents, there are 26
misdemeanor counts of unlawful failure to maintain records, 29 counts of
unlawful failure to determine viability for a late-term abortion and 29
counts of unlawful late-term abortion.
In Kansas, "making a false information" -- the legal phrase for
falsifying documents -- is a felony, while a criminal late-term abortion
is a misdemeanor.
At the hearings, district court judge Stephen Tatum will determine if
probable cause exists for the 23 felony counts, which could pave the way
for a jury trial. Misdemeanor charges automatically go to trial, Kline said.
Kline told Cybercast News Service that "delay has been the game"
strategy of Planned Parenthood's legal experts.
But now, thanks to legislation sponsored by Kline and passed by Kansas
lawmakers in 2005 extending the statutes of limitation on certain
crimes, including those covered in this case, the Kansas and
Mid-Missouri Planned Parenthood will be in court next month.
Planned Parenthood had claimed that releasing patients' records would
violate privacy laws, but Kline said it is medical information - not
names - that are vital to the case.
"We use medical records in almost every prosecution, and we've never
named names," Kline said, referring to the names of patients being
struck from the records before they were delivered to the district
attorney's office in October 2007. "You can't prosecute late-term
abortions without looking at the reason the doctor says the abortion is
necessary."
Questions submitted by Cybercast News Service to Peter Brownlie,
president and CEO of Planned Parenthood of Kansas and Mid Missouri, were
not answered by press time.
Kline said successful prosecution of Planned Parenthood in this case
could have repercussions across the country.
"Planned Parenthood is required for the receipt of federal funds to
comply with state laws," Kline said. "It could jeopardize their federal
funding."
Jenn Giroux, executive director of Women Influencing the Nation, a
pro-life group in Ohio that has been following the case, told Cybercast
News Service that the hearing will also reveal if the rule of law
applies in Kansas.
"We're looking for judicial fairness instead of the judicial advocacy
we've see on the part of the abortion industry," Giroux said. "We want a
fair review of the evidence."
Planned Parenthood Federation of America is the largest provider of
abortions in the United States and receives about one-third of its $1
billion annual budget from federal grants and contracts.
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