Abbreviated Timeline
The following is an abbreviated timeline of events in Kansas. This details some of the struggles in the effort to ensure that Kansas laws protecting children and preventing late-term abortion on viable children are enforced.
The Kansas Battle Timeline - abbreviated
2002 and before: Dr. George Tiller of Wichita performs thousands of late-term abortions justifying them under the “severe fetal anomaly” exception in Kansas law. Dr. Tiller claims down’s syndrome, cleft pallet and even healthy twins may be aborted late-term under the exception. Prosecutors do nothing.
2003: As Attorney General Phill Kline launches an investigation into illegal late-term abortion and failure to report child rape. Kansas has a mandatory reporting law requiring medical providers to report sexual abuse of children.
2003- mid 2004: Now public records show that more than 100 children under the age of 14 had abortions in Kansas, yet SRS records reflect only 4 or 5 reports of sexual abuse of minors who had an abortion.
September 2004: Kline’s office presents substantial evidence and Judge Richard Anderson finds probable cause to believe that records at Planned Parenthood and Dr. Tiller’s clinics contain evidence of crimes. Anderson issues a subpoena for the records. Working with Anderson, Kline did not seek the names of the adult patients in the records.
October 2004: The abortion clinics sue Judge Anderson and Kline seeking to have the subpoenas quashed. The Kansas Supreme Court accepts the extraordinary and unusual lawsuit and stays the execution of the subpoenas until January 2006. By this time, the statute of limitations had run on many of the crimes Kline was investigating.
February 25, 2005: After the Kansas Supreme Court ordered the investigation to be public through the public filing of briefs; the clinics hold a news conference and claim that Kline is demanding the personal and private and most intimate records of 90 women and children. The Kansas media piles on with the Kansas City Star leading the way, at one time depicting Kline in a cartoon molesting a young girl on a park bench. For this, the Star wins Planned Parenthood’s “Maggie Award” for journalistic excellence.
Spring 2006: The Kansas Supreme Court rules that the Kline may receive the records. In October of 2006, two years after the initial subpoena and as Kline is leaving office, he receives the records. Medical records with identities are subpoenaed every day for criminal prosecutions and are typically received in one week.
Spring, Summer, Fall 2006: Kline is named a “domestic terrorist” by Planned Parenthood, along with US Supreme Court Chief Justice John Roberts. Planned Parenthood and Dr. Tiller and their political affiliates pour millions into Kansas to defeat Kline. A conviction by Kline could cost Planned Parenthood $325 million of annual federal funding.
December 2006: Kline charges Dr. Tiller with 30 criminal counts including 15 counts of illegal late-term abortion. The charges show that Dr. Tiller claims that “single episodic severe depression,” “anxiety disorder,” and “adjustment disorder” meet the Kansas late-term abortion exception of “severe and permanent impairment of a major bodily function.” Kline meets with and informs Sedgwick County District Attorney Foulston that he is filing the charges. District Court Judge Eric Yost reviews Kline’s evidence and finds probable cause to believe Dr. Tiller committed crimes.
December 2006: The day after the charges were filed, DA Foulston, without notifying Kline, went to another District Court Judge and obtained an order dismissing the charges, claiming that Kline did not have the authority to file the charges. Kline appeals the decision and appoints a special prosecutor as he is leaving office. Incoming AG Paul Morrison fires the special prosecutor on his first day in office and later dismisses the appeal. The Kansas media reported that Kline lost the appeal rather than the fact that Morrison essentially dismissed his own appeal.
January 2006: Kline and Morrison switch jobs with Kline firing eight employees and Morrison firing over 40. The media, however, focuses on Kline and he is sued again. The suit is resolved without any funds being paid to the 8 employees who Kline had ordered to be paid a severance.
January - May 2007: AG Morrison makes repeated attempts to have Kline ordered to give up his evidence relating to Planned Parenthood. Judge Anderson refuses. AG Morrison has his own set of records and Kline, with Anderson’s approval, brought a copy to Johnson County to continue his investigation. Regardless, when AG Morrison is unable to force Kline to give up his copies, AG Morrison and Planned Parenthood sue Kline and AG Morrison sues Judge Anderson. The Kansas Supreme Court accepts both suits. AG Morrison denies Kline state coverage and Kline is forced to pay for his own defense.
June 2007: AG Morrison announces “technical charges” against Dr. Tiller. Kline predicts the charges will fail. At trial, the AG’s office only puts on one witness and stipulates that every abortion performed by Dr. Tiller was “medically necessary.” AG Morrison refuses to refile Kline’s initial charges for which Judge Yost found probable cause. AG Morrison also states publicly that he “clears Planned Parenthood” of any criminal wrongdoing.
October 2007: After a two-day, eight hour hearing, Judge James Vano of Johnson County finds probable cause to believe that Planned Parenthood committed 107 crimes, including 23 felonies. Kline files the charges.
October 2007: The Kansas Supreme Court orders Kline to go to trial in the AG Morrison/Planned Parenthood case against him. The trial is held in secret in the Supreme Court building in December of 2007. Kline’s legal expenses skyrocket. AG Morrison claims that Kline’s keeping of copies of the records, with Judge Anderson’s permission, constitutes the “theft of state property.”
December 2007: AG Morrison resigns and Governor Sebelius appoints AG Six.
January 18, 2008: Judge Richard Anderson testifies in Kline’s case against Planned Parenthood. In now public pleadings and testimony, Judge Anderson states that “it appears that someone committed felonies to cover up” crimes and that he took some of the Planned Parenthood records to a handwriting expert who concluded they appeared manufactured.
May 2008: Without informing Kline, AG Six’s office goes to the Kansas Supreme Court and obtains an order that Judge Anderson cannot testify in Kline’s case. It is by order of the Kansas Supreme Court that Judge Anderson has the original records produced by Planned Parenthood and now by order of the Kansas Supreme Court the records are not to be produced by Judge Anderson. The order is one paragraph long and does not cite any statute, case law or other authority. Kline seeks to intervene in the Supreme Court to change the order, but is denied. The order still stands but Kline initiates an appeal.
June 2008: The Kansas Supreme Court denies Planned Parenthood’s and AG Morrison’s lawsuits seeking to have Kline give up his copies of all the records. The opinion is written in a very aggressive tone against Kline by Justice Carol Beier who suggests that the Disciplinary Administrator for Lawyers take a hard look at Kline. Later it is leaked to the press that the Disciplinary Administrator, who works for the Supreme Court, plans to proceed against Kline and two of his Chief Deputies. The tone of Justice Beier’s opinion draws a rebuke by Chief Justice McFarland and Justice Davis.
Winter 2008-2009: Kline is forced to appear and testify in a motion’s hearing in now AG Six’s criminal charges against Dr. Tiller. Dr. Tiller claims that the charges should be dismissed because of “outrageous conduct” by Kline. Again the Kansas media reports the allegations in sensational fashion. Judge Owen later denies the motion. In the Spring of 2009, Dr. Tiller is acquitted of the charges originally brought by AG Morrison and forwarded by AG Six. Charges Kline declined to file on the evidence he obtained as AG. Yet, the substantive charges initially brought by Kline have never been reinstated or prosecuted.
May 31, 2009 Dr. George Tiller is gunned down in cold blood as he serves as an usher in his church in Wichita. Pro-life leaders condemn the violence. Later, Scott Roeder of Merriam, Kansas is arrested and charged with first degree murder. Mr. Roeder has a criminal record that involves illegally possessing bomb making materials, has participated in anti-tax extremism and has a history of mental illness.
Now: Kline’s charges against Planned Parenthood are still pending and the Kansas Supreme Court order silencing Judge Anderson is still in effect. The Kansas Supreme Court has not ruled on Kline’s appeal for the Court to reverse its own order silencing the Judge. Justice Beier has strongly encouraged the Kansas Disciplinary Administrator to act on Planned Parenthood’s numerous complaints and Kline is again being forced to pay substantial legal fees for his defense. Kline is now leading a national effort to reveal the truth about abortion and is affiliated with the Life Issues Institute of Cincinnati, Ohio which was founded by pro-life pioneer Dr. Jack Willke and Mr. Brad Mattes. Kline also serves as a Visiting Professor of Law at Liberty University in Lynchburg, Virginia.