Order not expected to hinder prosecution of Planned Parenthood on 107 criminal charges. Decision is more evidence of abortion corruption scandal in Kansas.
Clarification: It would have been more accurate to say that the Supreme Court decision ordered Kline to produce a full copy of the records in question to be delivered to the Attorney General’s office, but allowed him to retain his copies. Thus, we have changed our headline to reflect that. Despite the venomous language of the majority opinion, Kline prevailed on all counts and the Planned Parenthood case continues to move forward. Click here to read the decision.
Topeka, KS – The Kansas Supreme Court has ruled that Johnson County District Attorney Phill Kline must return Planned Parenthood patient medical records to the office of Attorney General Steve Six by December 12. However, the return of those records will not affect the prosecution of Planned Parenthood since the heart of Kline’s case is not patient records, but Kansas Department of Health and Environment (KDH&E) reporting documents.
“The ordered return of patient records to the Attorney General’s office was an anticipated move by the Kansas Supreme Court, which has repeatedly obstructed efforts to prosecute abortionists,” said Operation Rescue President Troy Newman. “But this order today does not affect the District Attorney’s office’s ability to prosecute, and we plan to make sure the incoming DA, Steve Howe, clearly understands that.”
Kline’s criminal case against Planned Parenthood is based on state-mandated reporting records from the KDH&E – not on patient medical records. The mandatory reporting of abortion information was required by the Legislature in order to monitor abortionists for law enforcement purposes.
The KDH&E records contain no patient identifying information, so the privacy of women has never been at risk.
Every judge who has looked at the evidence has ruled that there is probable cause to believe that Planned Parenthood violated the law.
Judge Richard Anderson – not Kline – has custody of the KDH&E records and patient records that would be presented as evidence at trial. The loss of Kline’s working copies will not affect the ability of the District Attorney’s office to prosecute the case.
The KDH&E forms were obtained from both Planned Parenthood and the KDH&E. Judge Richard Anderson became suspicious that the form submitted by Planned Parenthood was not a true photocopy of the original form on file with the KDH&E. Anderson consulted with a police handwriting expert who verified that the forms were altered. Anderson testified in court that he believed that Planned Parenthood had tampered with the second form.
The Kansas Supreme Court issued an order gagging Anderson that has prevented him from testifying, even though he is a witness to crimes that have been committed. This was done without notice to Kline, and without giving any basis for such action in law.
“More important than the patient records is the ability of Judge Anderson to testify to what he knows. The Supreme Court must lift its illegal gag order on Anderson, and allow him to testify if there is to be justice in this case,” said Newman.
Bugarin to be sentenced for illegal abortions in January when she faces up to 10 years in jail
Los Angeles, CA – Instead of proceeding with a scheduled jury selection, Bertha Pinedo Bugarin, 48, pleaded no contest yesterday to seven felony charges of committing abortions without a medical license. She was ordered to pay restitution of $7,800 to 16 of her victims.
Nine additional counts are to be dismissed, according to her plea bargin agreement, when she is sentenced in January. She faces up to 10 years in jail.
Bugarin’s sister, Raquel, was also charged, but earlier took a plea bargin that would have made her testify against her sister if a trail would have proceeded.
“We are praying that Ms. Bugarin goes to jail for a very long time,” said Operation Rescue President Troy Newman, who for years has focused attention on exposing Bugarin’s chain of seedy abortion mills that once blanketed Southern California.
“Bugarin is a cold-hearted predator who sought out human misery in order to profit from it. She showed no remorse or sorrow for the women she preyed upon. She has shown only contempt for the law,” said Newman. “The only way to protect women from further exploitation at Bugarin’s hands is to put her in jail, or, mark my words, she’ll be back at it again.”
Bugarin also faces 10 felonies and one misdemeanor in San Diego County that could net her nine additional years in jail.
Bugarin once ran eleven abortion mills in Southern California, with a stable of troubled abortionists that, one by one, lost their medical licenses. Most of her clinics have closed, and phone calls made Monday to offices in Panorama City, Santa Ana, and Los Angeles referred the caller to a number that has been disconnected.
“Let’s not make the mistake of thinking that Bugarin’s crimes are an anomaly,” said Newman. “She was just unfortunate enough to get caught. In reality, illegal practices take place every day at our nation’s abortion mills. We haven’t met an abortionist yet that did not think he or she was above the law. In this case, we are grateful for the prosecution of Bugarin, but saddened that it took so many years – and so many broken lives – to bring her to justice.”
Los Angeles, CA – As jury selection begins today in the Los Angeles trial of unlicensed abortionist Bertha Bugarin, some history is in order concerning her shoddy and illegal abortion business, Clinica Medica Para La Mujer De Hoy. The narrative contained in the link below was prepared by Operation Rescue to help readers better understand the people and the circumstances that have led to the current criminal proceedings against Ms. Bugarin.
While we have included some details of the horrific nature of her abortion business, the information Operation Rescue has on file is far too voluminous to be included in total. What you are about to read is just the tip of the iceberg.
All abortions dropped in 2007, while nearly half of all abortions continue to be done on out-of-state women
Topeka, KS – The Kansas Department of Health and Environment (KDH&E) has released its final report of abortion statistics for 2007, showing that post-viability abortions have decreased a dramatic 23% over 2006 numbers.
“In 2007, Operation Rescue hosted three prayer events focusing on Tiller’s abortion business, one of which was attended by over 1,000 people over three days. We believe the drop in that year’s abortion numbers is a direct answer to those prayers,” said Operation Rescue President Troy Newman. “We wanted to extend special thanks to everyone across the nation who has participated in our events, prayed for us, and contributed to our work.”
Tiller was charged with 19 criminal counts of committing illegal late-term abortions on June 28, 2007. Tiller’s abortion clinic, Women’s Health Care Services, was then closed for a record total of 38 days in July and August of 2007.
The KDH&E reports that overall in 2007, abortions in Kansas decreased by 3.82% over 2006 numbers.
Nearly half (48%) of all Kansas abortions were done on out-of-state women. Of abortions done at 22 weeks gestation or older, 91% were done on out-of-state women.
“These numbers make abortions in Kansas a national issue, not just a state problem,” said Newman.
Abortions in Kansas rose steadily until 2002, when Operation Rescue relocated its national headquarters here and began exposing problems at Tiller’s abortion mill. Since then abortions have declined in number ever year except 2006, when the closure of abortion clinics in neighboring states contributed to a slight increase in early abortions in Kansas.
However, since OR’s arrival in 2002, post-viability abortions have steadily decreased. The 2007 post-viability abortions statistics represent a stunning 54% drop over five years. Late abortions are the most lucrative for Tiller, reportedly costing between $5,000 and $20,000 each.
“While we still have much work to do, it is more than appropriate to take time this Thanksgiving and show appreciation to God for the lives that have been saved and for the work that He has done here through Operation Rescue and those who support our work,” said Newman.
Los Angeles, CA – Jury selection is scheduled to begin in Los Angles on December 1, 2008, in the trial of Bertha Bugarin, an abortion chain owner who is charged with 18 felony counts of committing abortions without a medical license. If convicted, she could face over 15 years in jail.
Bugarin also faces 10 felonies and one misdemeanor in San Diego County for the same offense. Bugarin had a hearing in that case earlier this month, and she is scheduled for trail in San Diego sometime next year.
Bugarin once owned the Clinica Medica Para La Mujer De Hoy chain of seedy abortion clinics that targeted Hispanic areas of Los Angeles and San Diego Counties. Her targeting of these neighborhoods was to prey on women who might be illegal, desperate, and have no ability to report shoddy care to the authorities. At its height of prosperity, the chain ran eleven clinics, but problems with the incompetent abortionists hired by Bugarin troubled the chain.
Nicholas Braemer, the medical director, surrendered his medical license under pressure in 2000 after Operation Rescue exposed his numerous botched abortions and other problems. He was replaced as medical director by Laurence Reich, a convicted sex offender, who lost his medical license in 2006 for continued episodes of sexual abuse against his abortion patients. He was again arrested last February for continuing to commit abortions without a license at Bugarin’s Panorama City mill.
Numerous other Bugarin abortionists also lost their medical licenses or were disciplined for harming women during abortions.
Under pressure from Operation Rescue, Bugarin began gradually closing clinics. In the end, in order to keep her lucrative and predatory abortion business open, she resorted to doing the abortions herself, even though she had no medical background or training.
With the closure of the Chula Vista location over the summer, four abortion mills remain, now under the control of troubled abortionist Nolan Jones, who has a long history of disciplinary action taken against his license.
“We have worked long to bring Bugarin to justice. Her attitude was that she was above the law and could get away with anything, which is so common in the abortion industry,” said Operation Rescue President Troy Newman. “To abortionists like that, laws are meant to be broken. The only way to stop them from continuing to hurt women and illegally kill babies is to put them behind bars.”
Wichita, KS – On this fourth day of a hearings on a motion to dismiss 19 criminal charges against late-term abortionist George Tiller, former Assistant Attorney General Steve Maxwell testified in court about his role in an investigation of abortion clinics during Phill Kline’s tenure as Attorney General. That investigation resulted in the procurement of abortion records from Tiller’s Women’s Health Care Services (WHCS). Evidence in those records was used by Kline’s successor, Paul Morrison as the basis for the current charges against Tiller.
Maxwell seemed to have left Monnat miffed after repeatedly correcting him about information in his questions that was innacurate or not factual.
Maxwell was questioned by Tiller’s attorney, Dan Monnat, about a subpoena served on the La Quinta Inn for records of travelers who may have been patients of WHCS. Tiller referred patients to the La Quinta Inn in Wichita because he had an arrangement with the hotel at that time for his patients to receive special discounts.
La Quinta Inns later terminated their business relationship with Tiller after Operation Rescue documented and reported to the hotel chain’s corporate headquarters that Tiller was using the hotel as an annex of his abortion clinic. Tiller had stabled abortion workers there overnight to monitor women during the labor, and sometimes delivery, of his patients’ dead babies, which had been killed by lethal injection to the heart at the beginning of the abortion procedure.
Maxwell testified that La Quinta Inn records were subpoenaed so that they could find the names of pregnant children under the age of 16 who may have been patients of WHCS so they could match the name of the child with the SRS records to see if child sexual abuse was being reported.
Maxwell indicated that he believes that no patient was ever identified through the records obtained from the La Quinta Inn.
Maxwell was questioned about the transfer of abortion records obtained from Tiller from the Attorney General’s office to the Johnson County District Attorney’s office, where Kline was moving as the new D.A. Maxwell testified that when he prepared the status report for Judge Anderson about the location of the abortion files, he did not know that the Tiller records were being transferred to the Johnson County D.A.’s office.
“In the end, whether or not Kline had a copy of the Tiller records is irrelevant to the current charges against Tiller,” said Operation Rescue spokesperson Cheryl Sullenger, who has been present during the entire hearing. “None of what we have heard so far has changed the fact that the Attorney General’s office found evidence that Tiller had committed 19 counts of illegal late-term abortions. The merits of those charges are not even a subject of these hearings, and deserve their day in court.”
The hearing has been continued until January 6, 7, and 8, 2009. At that time testimony is expected from former Attorney General Paul Morrison. Former Attorney General Phill Kline is also expected to complete his testimony that was interrupted due to scheduling conflicts.
Witness questioned about contact with Operation Rescue
Wichita, KS — Three witnesses took the stand on the third day of testimony in a hearing where late-term abortionist George R. Tiller is asking District Court Judge Clark Owens to dismiss 19 criminal charges against him based on “outrageous prosecutorial conduct.”
Investigator Tom Williams testified for the third straight day about his involvement in an investigation of Tiller that began under former Attorney General Phill Kline.
Williams was questioned about his interview with Dr. Ronald V. Erkin, a retired psychiatrist who reviewed ten abortion records that had been obtained by Kline through a subpoena with the permission of the Kansas Supreme Court.
Dr. Erkin told Williams that he believed that the diagnoses of mental health conditions used to justify the post-viability abortions were not irreversible conditions as required by law. However, he also told Williams that he did not believe that they had a case because of the way Tiller defined “irreversible” to apply only to the life of the pregnancy. Dr. Erkin said he believed that the definition of “irreversible” was a matter subject to debate.
Dr. Erkin did not want to be involved in the case because he had been retired for a number of years and did not consider himself current on the latest developments in the field. Kline’s office then sought the professional opinion of Dr. Paul McHugh who determined that Tiller’s diagnoses did not meet the standard required by law, and signed a statement to that effect.
In an affidavit supporting 30 criminal charges against Tiller, Williams referred to Dr. Erkin’s opinion that Tiller’s diagnoses were not substantial and irreversible conditions. Monnat tried to persuade the court that Williams engaged in deception and outrageous conduct when he did not include Erkin’s statements about the debate over the definition of “irreversible.”
Disney and Monnat sparred throughout the day. At one point, Disney rose to object to a question and Monnat lost control of his emotions and began angrily shouting in a tremendously loud voice over Disney’s objections. The outburst shocked courtroom observers.
Monnat found evil motives behind a decision to gain a search warrant for some of Tiller’s abortion records. The search warrant was issued by Judge Richard Anderson, who found the information supporting the request met the highest burden of proof. However, it was never executed, and was exchanged instead for a subpoena. Prosecutor Barry Disney objected to Monnat’s portrayal of the plan to execute the search warrant as “outrageous conduct,” especially since the conduct never took place.
“Monnat seems to process everything through a faulty filter of paranoia, which leads him to find evil motives behind every action of those who were investigating Tiller,” said Operation Rescue President Troy Newman. “His frequent inflammatory questioning was obviously meant to play to the media in the courtroom. Mr. Monnat needs to keep his day job because an Academy Award just is not in his future.”
Monnat found malevolent motives behind Kline’s application for an arrest warrant after Kline charged Tiller with 30 misdemeanors in December, 2006. An arrest of Tiller was never executed. He challenged Williams for seeking the identity of a 10-year old abortion patient from California, but Williams explained that because he could find no evidence that an abuse report had been filed, he needed to ascertain her identity to insure that she was safe, which he was able to do.
Monnat was also suspicious that Williams may have had contact with “anti-abortionists.” He asked Williams if he ever visited the Operation Rescue web site and if he ever interviewed OR representatives Troy Newman and Cheryl Sullenger or a number of other pro-life persons. Williams could not recall doing so.
Also testifying was an inexperienced former Kline employee Jared Reed, who feared rumors that former Attorney General Paul Morrison would arrest everyone involved in the Tiller investigation. He went to Morrison and asked for immunity in return for his statements about his discomfort with the Kline investigation, even though he admitted his own role in the matter was limited.
“It says a lot that no other person involved in the Tiller investigation sought immunity,” said Newman. “That means that no one really thought there was anything improper about what they were doing.”
Also testifying was Eric Rucker who worked with Kline in both his tenures as Attorney General and Johnson County District Attorney. Rucker testified that he remembered very little about specific meetings and e-mails that Monnat brought to his attention.
Thursday, witnesses could include Steven Maxwell, an attorney who worked for Kline during the Tiller investigation, and the long-awaited testimony of disgraced former Attorney General Paul Morrison, who resigned after his adulterous affair and attempts to impede abortion investigations became public.
The hearing is expected to be extended into next week. If Tiller’s motion to dismiss is denied, he is scheduled to stand trail on March 16, 2009.
Day two of hearing leads to efforts to get statements of Linda Carter in the sex and abortion corruption scandal that led to former Attorney General Morrison’s resignation in disgrace
Wichita, KS – The man who served as chief investigator under former Attorney General Phill Kline resumed testimony today in a hearing considering whether or not 19 criminal charges against late-term abortionist George Tiller should go forward.
While much of the day’s questioning was mundane, attention of the courtroom observers was abruptly piqued when Monnat’s line of questioning turned to William’s knowledge of an adulterous affair between former Attorney General Paul Morrison and his employee, Linda Carter, while he was the District Attorney of Johnson County.
According to a news article that appeared in the Topeka Capital Journal on December 9, 2007, Carter and Morrison allegedly quarreled in March, 2007, over Morrison’s reluctance to charge Tiller. Morrison finally filed 19 misdemeanor charges against Tiller on June 28, 2007. Those charges are the subject of the current court proceedings.
Williams testified that he became aware of the illicit affair during a meeting attended by a number of members of the Johnson County District Attorney’s office.
Former Attorney General Phill Kline became Johnson County District Attorney on January 8, 2007, replacing Paul Morrison in that office after Morrison defeated Kline for Attorney General.
Williams testified that he interviewed Carter at a private residence that resulted in the production of a statement signed by Carter. About a week later, Williams took Carter’s deposition in the presence of her attorney at a hotel conference room. However, he also told the court that he retained no copies of any of those documents.
Tiller’s defense immediately asked for a renewal of a subpoena for those documents from Special Prosecutor Timothy Keck, who is responsible for an ongoing investigation of possible criminal conduct against Morrison, including allegations that he tried to use Carter to “spy” on Kline’s abortion investigations for the purpose of impeding those investigations. Tiller’s defense had previously requested a subpoena for the documents in Keck’s possession, but the subpoena was quashed because producing the document could impede Keck’s criminal investigation. Judge Clark Owens indicated that he will rule on that request in the morning when Williams is scheduled to resume testimony.
Prosecutor Barry Disney of the Attorney General’s office objected to the Carter statements being introduced because Carter has not been subpoenaed for cross examination, making the statements hearsay and inadmissible. Disney invited Monnat to subpoena Carter, but apparently efforts to locate Carter have been unsuccessful.
Earlier in the day, Tom Williams testified about other matters. He said that he conducted an investigation into the non-reporting of child sex abuse in Kansas under Kline’s direction. He was questioned, sometimes in an argumentative way, by Tiller’s attorney Dan Monnat. Williams’ part in the documents that launched the official inquisition approved by Shawnee County District Judge Richard Anderson was closely examined, along with the scope of the investigation, which included Tiller.
Williams has been on the stand since Monday afternoon. Deputy Johnson County District Attorney Eric Rucker is scheduled to take the stand once Williams has completed his testimony.
Operation Rescue representatives have been in the court room for the entire hearing and will continue to monitor the proceedings until their conclusion.
“Tiller is trying to show that the prosecutors engaged in outrageous prosecutorial misconduct in pursuing charges against Tiller. But what we must remember is that Tiller is the one charged with crimes, not the prosecutors,” said Operation Rescue President Troy Newman. “The true outrage is that Tiller, who we are convinced kills innocent viable babies contrary to the laws of Kansas, has the gall to accuse decent men and women of improper conduct when they have done nothing be try to enforce the laws in order to protect the innocent. We continue to pray this prosecution will be successful and that Tiller will finally be brought to justice.”
Tiller’s motion to suppress evidence against him is a desperate last-ditch effort to avoid trial.
Wichita, KS – Johnson County District Attorney Phill Kline took the stand today to answer questions about his investigation of late-term abortionist George R. Tiller while Kline served as the Kansas Attorney General.
Kline was subpoenaed by attorneys representing Tiller in a motion to suppress the evidence against their client. Tiller faces 19 counts of illegal post-viability abortions, which were done without the signature of an unaffiliated second physician.
Kline answered all questions from Tiller’s attorney, Dan Monnat, with grace and humor, which was often lost on the dour Monnat. The questioning attempted to force Kline to admit than an opinion he issued as Attorney General concerning the mandatory child abuse reporting law was used as a tool to launch a selective political investigation of Tiller.
However, Kline told the court that the opinion was just that, an opinion and not an investigatory tool. He explained that he had reason to believe that Tiller was violating the laws of Kansas and that he based that belief on information that did not merely include a quote in the Kansas City Star, as Tiller’s attorneys tried to infer.
Kline’s testimony was interrupted due to a scheduling conflict. Kline has been asked to resume his testimony on Friday at 1:30 PM.
In the afternoon, Tom Williams, an investigator for Kline for the past five years, took the stand to answer questions about his investigation of child sex abuse in Kansas, which ultimately led to an investigation of Tiller.
Monnat tried to persuade Williams to confess that he lied to obtain information from state agencies. However, Williams explained that to divulge everything he knew to people he was questioning would have endangered the investigation. Williams categorically denied lying to obtain information.
Monnat and Prosecutor Barry Disney lit the courtroom with occasional fireworks in heated exchanges concerning Monnat’s plodding and often improper questioning.
Monnat seemed unwilling or unable to control himself to act within the rules, continually asking leading questions which he had been warned not to do thorough out the day.
“Monnat was trying swat a fly with a sledgehammer – and missed badly,” said Operation Rescue President Troy Newman. “There is no doubt that Tiller’s attorneys have a warped view of reality, taking widely accepted investigatory techniques and finding in them some vast, sinister conspiracy. This hearing has devolved into little more than a witch hunt.”
During the entire day pro-life missionary Ronald Brock testified outside of the courthouse with his motor home calling for Tiller to be brought to trial. If Tiller’s motion fails, he is scheduled to e tried for his crimes on March 16, 2009.
The hearing will resume Tuesday morning at 9:00 AM when Tom Williams will resume his testimony.
Video tells of one woman who was hospitalized for four hours with vomiting, diarrhea, and swelling of the face and eyes.
Wichita, KS – Two pro-life volunteers participating in a round the clock prayer vigil were sickened last week, after being exposed to fumes from an oily substance that had been spilled across the driveway at George Tiller’s late-term abortion clinic, Women’s Health Care Services in Wichita.
One of the pro-lifers, Jennifer McCoy, was treated for four hours at a local hospital emergency room suffering from vomiting, diarrhea, and swelling of the face and eyes. Another woman, Brandi Lozier, was with McCoy praying outside the abortion clinic in the early morning hours of Sunday, November 2, 2008, as part of the 40 Days For Life event. She suffered similar symptoms, but was not hospitalized.
After numerous tests, doctors told McCoy that her symptoms were the result of exposure to a foreign substance, and were not related to any viral or bacterial infection.
Hazmat was called to the abortion clinic and treated the area with a kitty-litter type of substance in order to absorb the noxious oily spill.
After being released from the hospital, McCoy filed a complaint with the Wichita Police Department, but, a week and a half later, arrest and prosecution of the unknown perpetrator seems unlikely.
“We suspect that this chemical attack may have been in retribution for Jennifer’s help in documenting a botched abortion at Tiller’s clinic a few weeks ago,” said Operation Rescue spokesperson Cheryl Sullenger.
McCoy had interviewed Patient S. from her hospital bed after she nearly died from a botched abortion at Women’s Health Care Services. McCoy also helped Patient S. get additional medical treatment for her abortion complications after it became obvious that neither Tiller nor the hospital where she had been taken by Tiller did not properly treat her.
This was not the first of such attacks on pro-lifers who minister outside Tiller abortion mill. In September, 2007, Tiller’s security guard, John Rayburn, was photographed with a “stink bomb” that also sickened those on the scene. Prosecutors refused to file charges, and efforts to hold Tiller accountable in small claims court failed.
“We know whoever is responsible for endangering the health of these innocent women will only continue to be emboldened by a lack of prosecution,” said Sullenger. “The only way to stop these cowardly attacks on pro-lifers is to catch the perpetrators and put them in jail.”
