Tuesday, April 29, 2008
KS: Judge Rules Prosecutors Cannot Obtain State Abortion Reports
Kansas City Star: Court tosses outs Kline subpoena for abortion reports from Planned Parenthood, by Diane Carroll:
Johnson County District Attorney Phill Kline lost his bid Monday to obtain state abortion reports, but he said that would not stop his criminal prosecution of Planned Parenthood.
At the request of the Kansas Department of Health and Environment, District Judge Stephen Tatum quashed a subpoena Kline served on the department on March 24.
Under the law, Tatum said, the information Kline sought can be disclosed only to the state attorney general or the state Board of Healing Arts for use in a criminal or disciplinary investigation.
“The court finds that the subpoena at issue here would require the disclosure of privileged or protected matter and that no exception or waiver applies,” Tatum stated. “As a result the court must quash the subpoena.”
Kline had subpoenaed 23 reports regarding late-term abortions performed in 2003 at Planned Parenthood’s Comprehensive Health clinic in Overland Park. He wanted the department to provide them or to authenticate a copy he already has from his investigation of Planned Parenthood while state attorney general.