Former Kansas AG Kline Petitions Judge For Planned Parenthood Clinic Records

Johnson County, Kan., District Attorney Phill Kline (R) on Tuesday filed a motion with a state judge in support of a grand jury subpoena of records from Planned Parenthood of Kansas and Mid-Missouri's clinic, Comprehensive Health, related to their handling of fetal tissue after abortions, the AP/Google.com reports. PPKM filed a motion to block enforcement of the grand jury's subpoena, with the clinic's lawyer, Pedro Irigonegaray, calling Kline's actions a "horrible witch hunt."

Kline filed a response to PPKM's motion, saying that the grand jury needs to review reports that the clinic is supposed to file with the state about tissue sales to "researchers and brokers," as well as consent forms the clinic was required to obtain from its patients. The grand jury "will need to review financial information regarding the [clinic's] transactions to ensure that profiteering did not occur," Kline said.

A 2000 state law prohibits physicians and clinics from profiting from the sale of fetal tissue. The law requires doctors and clinics to file annual reports with the state on tissue transfers. People who seek and buy fetal tissue could face up to 13 years in prison, the AP/Google.com reports. Pedro Irigonegaray, an attorney for PPKM, said the clinic has not filed any reports to the state on fetal tissue transfers because it has not done any such transfers.

"These are inflammatory, false, malicious and ill-intended allegations made without any supportive evidence," Irigonegaray said. He added, "These types of allegations are only intended to push people into shutting down clinics that are doing a great service, a service for patients who come to us at a time of need."

Peter Brownlie, president and CEO of PPKM, said that before Planned Parenthood took over the clinic eight years ago, its operators "had an arrangement" to provide tissue for research. He added that PPKM has never had such an arrangement. Irigonegaray said PPKM intends to cooperate with the grand jury. Irigonegaray added that Kline is engaged in a "horrible witch hunt." Brian Burgess, Kline's spokesperson, declined to comment about the grand jury's investigation but noted that the citizens' petition that led to the grand jury's creation listed possible fetal tissue sales as an issue to be investigated (Hanna, AP/Google.com, 2/20).

Kline Accuses Former AG Morrison of Hindering Investigation

Kline in his 80-page petition also said that a "degree of collaboration" between former Kansas Attorney General Paul Morrison (D) and Comprehensive Health has hindered a separate investigation he is conducting, the AP/Wichita Eagle reports.

Kline filed 107 charges against Comprehensive Health in October 2007, including 23 felony charges (AP/Wichita Eagle, 2/21). Four months before Kline filed the charges, Morrison sent a letter to Irigonegaray saying that he found "no evidence of any criminal wrongdoing" by Comprehensive Health during his own investigation of the clinic (Daily Women's Health Policy Report, 6/28/07).

Kline said that Morrison's "'clearance letter' is irrelevant and only demonstrates the degree of collaboration between the office of attorney general" and Comprehensive Health. Irigonegaray said the allegations are groundless and called Kline's actions "very disturbing." He added, "The goal here is not really justice. The goal here is to rip from current constitutional law the right of a woman to choose."

State Rep. Lance Kinzer (R), an abortion-rights opponent, said, "What I take it to mean is that [Kline] believes Morrison was in the process of trying to thwart the investigation of Planned Parenthood." He added, "If that occurred, I think the phrase that fits is, 'obstruction of justice.'" Senate Judiciary Committee Chair John Vratil (R), an abortion-rights supporter, agreed with Kinzer that Kline is suggesting that Morrison "was engaged in obstruction of justice," adding, "Most people, before they make that type of allegation, would have pretty solid facts to back them up."

Morrison was not available for comment. Ashley Anstaett, spokesperson for the attorney general's office, declined to respond to Kline's filing, calling it political. Kline also declined to discuss what he filed in detail and said, "The brief speaks for itself, as do the facts" (AP/Wichita Eagle, 2/21).