Topeka, Kansas – August, 2010: The investigation initiated and led by former Kansas Attorney General Phill
Kline has resulted in two more findings of wrongdoing. It was learned by Kansans for Life from The Kansas Board of Healing Arts that two doctors who practiced with Dr. George Tiller have surrendered their licenses to practice medicine.
Mr. Kline became the only prosecutor in United States history to obtain abortion records from industry giant Planned Parenthood and Dr. George Tiller. His investigation has spawned numerous lawsuits and a remarkable legal battle in Kansas.
During his investigation Kline identified that Albuquerque based abortionists Shelly Sella and Susan C. Robinson performed abortions at Dr. Tiller’s clinic in Wichita. Legislative hearings emanating from Kline’s investigation called into question the actions of the Dr. Tiller and the two Albuquerque abortion doctors.
In December of 2006, Kline filed charges against Dr. Tiller. The charges were filed after an independent review of Kline’s evidence by Sedgwick County District Court Judge Eric Yost found probable cause to believe that Dr. Tiller committed the crimes alleged.
The charges highlighted the involvement of Dr. Kristin Neuhaus in Dr. Tiller’s practice. Kansas law required that an abortion on a viable unborn child is prohibited unless two doctors find the mother would “suffer severe and irreversible impairment to a major bodily function” if the abortion is not performed.
Kline’s charges revealed that Dr. Tiller was claiming that temporary mental conditions constituted “severe and irreversible impairment of a major bodily function.” In support of his claims Kline retained the services of renowned psychiatrist Dr. Paul McHugh. After reviewing Dr. Tiller’s records Dr. McHugh concluded that none of the abortions performed by Dr. Tiller were in compliance with Kansas law.
Before Kline’s charges went to trial, however, Sedgwick County District Attorney and Tiller ally Nola Foulston went to a judge assigned to the traffic court in Sedgwick County and obtained an order dismissing the case on the claim that Kline did not have jurisdiction as Attorney General to file the charges. The order was issued with notice to Kline, despite the fact that Kline informed DA Foulston that he intended to file charges against Tiller.
Kline, who was defeated in his re-election effort, appointed a Special Prosecutor, Mr. Donald McKinney of Wichita, Kansas, to pursue the Tiller charges. The appointment was necessary because Kline’s election opponent, Johnson County District Attorney Paul Morrison, was strongly supported by abortion industry dollars and during the campaign promised to end the investigation of the clinics. Mr. McKinney appealed the district court decision to dismiss the Tiller charges filed by Kline, but when Mr. Morrison assumed office he fired Mr. McKinney and then dismissed the appeal.
Mr. Morrison was elected with millions of dollars of abortion industry support accordingly prevented the substance of Kline’s evidence against Dr. Tiller from ever reaching court.
Later, under extreme pressure, Morrison filed highly technical charges against Dr. Tiller based on evidence obtained by Kline. At trial, however, Morrison’s staff only put on one witness and stipulated to the jury that every abortion by Dr. Tiller was “medically necessary.” Kline’s substantive evidence was never introduced. Tiller was acquitted on Morrison’s charges.
Kline’s substantive evidence, however, is the basis for the actions by the Kansas Board of Healing Arts(KBHA) in seeking discipline against Doctors Neuhaus, Sella and Robinson. Earlier this summer the KBHA filed an 11 count complaint against Dr. Neuhaus and this week Doctors Robinson and Sella announced they were surrendering their licenses to practice medicine in Kansas.
In 2009 the KBHA announced it would proceed with a complaint against Dr. Tiller. Soon after the announcement, on May 31, 2009, Dr. Tiller was murdered while attending church.
Kline is still in a protracted battle with the Kansas Supreme Court. The Court, which has repeatedly allowed extraordinary lawsuits by Planned Parenthood to proceed against Kline, consistently delayed the investigation. The Court’s rulings have treated Kline with disdain but Kline, however, has won on substantive legal issues.
In October 2007, District Court Judge James Vano reviewed Kline’s evidence and found probable cause to believe that Planned Parenthood committed 107 crimes, including 23 felonies. As a result, Kline filed charges were filed in Johnson County, Kansas.
Kline had become Johnson County District Attorney in a special election in January of 2008. The special election was necessary because the previous District Attorney, Paul Morrison, was sworn in as Attorney General to replace Kline. Kline and Morrison, essentially, switched jobs. Morrison, however, was forced to resign from office in December of 2009 when it was revealed that he was having an affair with a woman in the Johnson County District Attorney’s Office. The woman, who formerly worked for Morrison, but stayed on to work for Kline, claimed that Morrison was trying to use their relationship to undermine Kline’s investigation of the abortion clinics.
On January 8, 2009, a witness testified in Johnson County that it appeared that Planned Parenthood manufactured records in response to a subpoena. Soon after, however, without notice to Kline, the Kansas Supreme Court issued an order stating that the witness could no longer testify. The one paragraph order is still in force and the Kansas Supreme Court refused to explain the order.
The Kansas Supreme Court also filed an ethics complaint against Kline based on allegations made by Planned Parenthood. The Court filed the complaint with an investigative body appointed and controlled by the Kansas Supreme Court. As a result, Kline has again been forced to defend himself against allegations made by a criminal defendant during the pending criminal case.
The Kansas Supreme Court is appointed in one of the most closed systems in the nation. Selected members of the state lawyer’s bar association forward three names to the Governor who then appoints one of the three to the Kansas Supreme Court for life. Former Kansas Governor Kathleen Sebelius, who received deep support from Planned Parenthood and Dr. George Tiller, has appointed six of the seven Kansas Supreme Court Justices. Sebelius is now President Obama’s Secretary of Health and Human Services.
As mentioned, Kline’s investigation was repeatedly delayed in interrupted by extraordinary actions by the Kansas Supreme Court and others.
As a result, the investigation involved the clinics responding to one subpoena and the sworn testimony of only one witness was obtained. Despite this, four judges on five separate occasions have found probable cause to believe the abortion clinics committed crimes. Further two physicians have surrendered their medical licenses and the Kansas Board of Healing Arts has filed complaints against Dr. Neuhaus and Dr. Tiller.
Meanwhile, the Supreme Court’s ethics administrator has investigated Kline for several years, taken scores of sworn statements and produced over 25,000 pages of documents it claims are relevant to an effort to discipline Kline for his actions in the investigation.
Also, the key witness to Planned Parenthood’s alleged criminal activity has been ordered into silence by a Sebelius appointed Kansas Supreme Court. If Kline’s criminal charges against Planned Parenthood stick – the abortion giant stands to lose $350 million in yearly federal funding.
Little of the nature of these proceedings is known in Kansas where the Kansas print media maintains a tight alliance with Planned Parenthood. The state has only two major daily newspapers, The Kansas City Star and The Wichita Eagle, both owned by the same company. In 2006, The Star won Planned Parenthood’s “Maggie Award” for how the paper covered Kline in the 2006 Kansas Attorney Generals race.
To view Dr. McHugh speaking about the Tiller files: click here.
For more on the Kansas Abortion Wars click on the link below.
To read more detail from Operation Rescue: click here.