Archive for January, 2008

Abortion Records Subpoenaed In Planned Parenthood Grand Jury Investigation

Olathe, KS – A Kansas grand jury investigating Planned Parenthood has subpoenaed sixteen medical records from 2003, but Planned Parenthood says it will not turn them over.

Planned Parenthood filed a motion to quash the subpoena, citing that “private” information in the records that the grand jury is seeking was denied to former Attorney General Phill Kline by the Kansas Supreme Court during his investigation of the Overland Park abortion clinic. Kline is now the District Attorney of Johnson County, where the grand jury is seated.

A special prosecutor, not Kline, is directing the grand jury.

“The abortion cartel’s privacy mantra is wearing thin. This effort to quash the subpoena is obviously about concealing incriminating information from a grand jury and nothing more. It seems like these people will stop at nothing to keep the truth about their seedy business a secret,” said Operation Rescue President Troy Newman, who was part of a coalition of groups that spearheaded efforts to convene the Johnson County grand jury.

Judge Richard Anderson testified in court earlier this month that he received abortion records from Planned Parenthood that had been falsified. He said a police handwriting expert confirmed his suspicions that the records had been altered.

A hearing on Planned Parenthood’s motion is scheduled to be heard by Judge Kevin Moriarty on February 15.

News of the Planned Parenthood subpoenas came on the same day that a judge in Sedgwick County denied similar motions by attorneys for George R. Tiller, who has been ordered to hand over 2,000 abortion records to a grand jury there. Tiller’s attorneys have promised to appeal to the Kansas Supreme Court.

“Let’s be clear. The abortion mills are fighting to hide information from the grand juries not to protect their patients, but to keep themselves out of jail, by hook or by crook,” said Newman. “Let’s let the grand juries conduct their investigations without impediment and let justice be done.”

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Judge Orders That Abortion Records Must Be Given To Grand Jury

Wichita, KS – Judge Paul Buchanan ruled today that medical records must be handed over to a grand jury investigating illegal late-term abortions at George R. Tiller’s Women’s Health Care Services under the condition that identifying information about the patients be redacted. The records will then be provided to an independent attorney and physician appointed by the judge. They will screen the records to determine if there are irregularities before turning them over to the grand jury.

“Today’s ruling is a victory for truth and justice,” said Operation Rescue President Troy Newman, who was present during the court hearing.

A cadre of six attorneys was in court on Tiller’s behalf for another failed attempt to persuade Judge Buchanan to quash subpoenas that had been issued by the citizen-called grand jury, which is asking for nearly 2,000 abortion records over the past five years. Tiller’s legal team was joined by Bonnie Scott Jones of New York’s Center for Reproductive Rights, who argued on behalf of three former Tiller patients that the records be denied or heavily redacted for privacy considerations.

“The privacy that they seem so worried about is just a red herring to deflect attention from any wrongdoing Tiller may be trying to hide. There will be no way to identify individual women from the redacted records, nor would there be any reason to do so. We find it shameful that Tiller would hide behind the skirts of his patients in an effort to protect himself from having to turn over potentially incriminating evidence,” said Newman.

Jones told the court of one of her clients, who had a late-term abortion by Tiller because her baby suffered from serious fetal anomalies. However, fetal anomaly is not a legal reason to obtain late abortion in Kansas.

“Bonnie Jones basically admitted in open court that Tiller gave one of her clients an illegal abortion,” said Newman. “I found it shocking that she could describe in detail her client’s reasons for having the abortion and not understand that. She is either grossly ignorant of Kansas law, or so arrogant that she does not flinch at admitting to the illegal abortion. Either way, it is obvious that the lawyers are more concerned with covering for Tiller than protecting patient privacy, or she would not have given so much medical detail in court.”

Lee Thompson, Tiller’s lead attorney, said he intends to file another mandamus action with the Kansas Supreme Court asking for a stay. In the meantime, the process of producing the records will begin on Thursday morning.

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Tiller Balks At Grand Jury Subpoenas Of 2,000 Abortion Records

Wichita, Kansas – Attorneys for abortionist George R. Tiller filed motions with Judge Paul Buchanan to quash two subpoenas issued by a grand jury asking for nearly 2,000 late-term abortion records. The subpoenas allow for the redaction of the patients’ names and other identifying information, making the privacy of the women a non-issue.

“Tiller’s effort to deny the grand jury necessary evidence in a criminal investigation is a last desperate act of a man who is destined to go to jail,” said Operation Rescue President Troy Newman. “Tiller expects the court to help him hide incriminating evidence from people who have the legal ability to indict him. This judge has already rejected a similar motion to deny other subpoenas issued by the grand jury. We are praying, for the sake of truth and justice, that this ploy is denied as well.”

The subpoenas were issued on January 22, just one week after Newman testified before the grand jury and presented over 200 pages of evidence gathered by Operation Rescue researchers, including photographs of women entering Tiller’s abortion clinic in the obvious latest stages of pregnancy.

The grand jury has asked that Tiller produce two kinds of records by February 1, including all records of abortions done after 21 weeks gestation between July 1, 2003, and January 18, 2007.

The grand jury also wants to see records in the same time frame of all women whose pregnancies were 22 weeks or more where the woman did not have an abortion “because there was not a determination that a continuation of the patient’s pregnancy would cause a substantial and irreversible impairment of a major bodily function by two physicians who were not legally and financially affiliated.”

Kansas law prohibits abortions after 21 week except to save the mother’s life or if the continuation of the pregnancy will result in a “substantial and irreversible impairment of a major bodily function” of the woman. Each abortion must be approved by the two physicians not legally or financially affiliated with the abortionist. There has never been a reported abortion in Kansas to save the life of the mother.

Tiller already faces 19 criminal charges of illegal late-term abortions for allowing abortions in 2003, using the second signature of abortionist Ann Kristin Neuhaus, who had apparent legal and financial ties to Tiller.

Read the subpoenas

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