Wednesday, January 23, 2008

Phill Kline Sues Planned Parenthood...Again

If you want a preview of what will happen to your medical records once abortion is banned in the U.S., pay close attention to the demented antics of Kansas' very own Phill "Patient Chart Thief" Kline.

After being ousted as Kansas' Attorney General, but before leaving office to become the Johnson County District Attorney, Phill "Patient Chart Thief" Kline stole the medical records of 90 patients who had post-22-week abortions in 2003 at Comprehensive Health or Women's Health Care Services in Wichita, Kan.:

2004 - Kline subpoenas patient records.

February 2006 - State Supreme Court rules Kline can seek access to the records but not before he presents his reasons for seeking the subpoenas to District Court Judge Richard Anderson.

November 2006 - Judge Anderson turns over patient charts to Kline's office.

November 2006 - Paul Morrison, Johnson County district attorney, defeats Kline and becomes the new Kansas Attorney General.

January 5, 2007 - Kline forwards copies of patient charts to the Johnson County district attorney's office.

January 8, 2007 - Kline leaves the state attorney general's office for the Johnson County district attorney's office where he replaces Morrison as the new district attorney.

June 2007 - After finding no evidence of any criminal wrongdoing by the clinic, Kansas Attorney General Paul Morrison ends the investigation of Comprehensive Health.

June 2007 - Morrison also informs Comprehensive Health that Kline, the Johnson County district attorney, retains copies of the patient charts and he finally tells the clinic about Kline forwarding copies of the charts to the Johnson County district attorney's office on Jan. 5.

June 6, 2007 - The clinic files a petition with the state Supreme Court for a writ of mandamus against Kline.

June 22, 2007 - State Supreme Court tells Kline he has until July 12 to respond.

Unfortunately, no further information is available about this lawsuit. Those involved have not discussed the case and the documents are sealed.

Putting the stolen charts to good use, Phill "Patient Chart Thief" Kline sues Planned Parenthood again, and then some more:

October 2007 - Kline files a 107-count criminal complaint against Planned Parenthood. The complaint consists of 23 felonies and 84 misdemeanors, alleging unlawful late-term abortions and inadequate record keeping at Planned Parenthood's Comprehensive Health clinic in Overland Park.

December 2007 - Kansas Attorney General Morrison acknowledges having an extramarital affair with a former subordinate in the district attorney's office.

According to the AP:

[The woman] also accused him of harassment and trying to get her to provide sensitive information on Kline's activities, including his investigation of Planned Parenthood.

Morrison has denied the allegations of professional misconduct, but he plans to step down as attorney general Jan. 31. Kline has said he will appoint a special prosecutor to investigate Morrison's conduct.


January 16, 2008 - Judge Stephen R. Tatum denies Kline's motion to disqualify two attorneys representing Planned Parenthood.

Phill "Patient Chart Thief" Kline alleged that Planned Parenthood altered patient records before turning them over to Judge Anderson in 2006 as part of Kline's initial criminal investigation. From the AP article:

Kline based his records allegations on testimony that Shawnee County District Judge Richard Anderson gave Wednesday. Anderson is the judge who at Kline's request subpoenaed the records in 2004 after Kline - then Kansas attorney general - began his initial Planned Parenthood investigation.

Anderson testified that records he eventually received from Planned Parenthood in 2006 - after the agency fought the subpoenas - did not match the original records. Anderson said the questionable records were the same ones that current Attorney General Paul Morrison reviewed when he cleared Planned Parenthood of wrongdoing last year.

Based on that, Anderson said he does not believe Morrison should have issued his letter clearing the agency.


However, despite Judge Anderson's testimony and Kline's allegations:

Judge Stephen R. Tatum said after the hearing that Kline did not present evidence that proved the attorneys should be removed from the case.

...

Tatum said Kline cannot show that the attorneys had anything to do with preparing the records.


Furthermore, not only did Planned Parenthood officials say that Kline's allegations about the records possibly being altered are false, but according to Irigonegaray (one of the attorneys Kline sought to remove):

Kline filed the motion to disqualify the attorneys to draw publicity about the criminal charges. "It was a complete waste of the court's time and everyone else's," PPKM President Peter Brownlie said, adding that Kline "produced absolutely no evidence of anything that would disqualify our attorneys so clearly he had some other reason for it."

Kline said he wanted to present the information now so PPKM could not appeal a verdict on the basis of ineffective counsel. "These documents were manufactured and are false information, and counsel represented them to be something they are not," Kline said.... Irigonegaray disagreed, saying, "We were very disturbed by Mr. Kline's efforts to put on the record information that's not only erroneous, but without any basis in fact"....


Bottom line: It's easy to dismiss Phill "Patient Chart Thief" Kline as the pustulant voyeur that he is and to regard what's going on in Kansas as some peculiar regional drama. What's not so easy is to realize that any one of us might be part of the next batch of 90 female patients whose medical information is at the abject mercy of assorted miscreants.

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5 Comments:

At 3:06 PM, Anonymous Reality Check said...

OK, let me see if I understand...

Kline WON the right to get the abortion files from the Kansas Supreme Court.

Kline referred the case to the Johnson County DA's office and was clever enough to get the job when Morrison vacated the seat.

Yet another judge (how many now, four different ones in all?) reviewed the case and found probable cause to believe that crimes were committed - 107 charges in all.

Contrast those findings with Morrison, who, in looking at the exact same evidence, issued a clearance letter to the clinic.

Then, a judge testifying as a witness said, under oath, "Morrison should NOT have cleared Planned Parenthood."

Contrast that further with Morrison's admission of having an affair with Kline's Director of Administration, and her allegation that he was using her to spy on Kline's investigation.

What you have here is a monumental case of corruption of a public official who was financially backed by the abortion industry, and obstruction of justice by Planned Parenthood, and despite all these things continually going Kline's way, you keep whining about "patient privacy."

Why? When not a single woman has EVER been identified from the records Kline has subpoenaed.

Name one... I challenge you.

Oh, let me guess... you worry about the "potential" that it COULD happen, and you call Kline all sorts of names in your extremist effort to advance your cause.

Tell me, how can law enforcement ever do their jobs if they can't get evidence because of "patient privacy?"

Answer: they couldn't. That's why law enforcement uses medical records EVERY DAY.

Quit whining. Abortion files aren't "special" and clinics aren't above the law.

 
At 7:59 PM, Blogger ema said...

reality check,

Kline WON the right to get the abortion files from the Kansas Supreme Court.

That would be Kansas AG Kline.

Kline referred the case to the Johnson County DA's office and was clever enough to get the job when Morrison vacated the seat.

Incorrect. The case was taken over by the new Kansas AG Morrison (who went ahead with the case, found in favor of PP, and thus resolved this initial case).

Kline did not refer[ ] the case to the Johnson County DA's office. He 1) forwarded the patient charts to the Johnson County DA's office (secretly and not in the context of any ongoing investigation), 2) became JC DA, and then, and only then, 3) brought a separate suit against PP.

Yet another judge (how many now, four different ones in all?) reviewed the case and found probable cause to believe that crimes were committed - 107 charges in all.

This is a new case, distinct from the initial one Kline brought while he was the Kansas AG.

And to help you out with the math, that would be two judges. When Kline was Kansas AG, Judge Anderson, who, based on a review of Kline's allegations, not the case, found probable cause to believe that crimes were committed (and whose finding was subsequently proven wrong when PP was cleared of all the charges), and the current judge who signed off on Johnson County DA's current allegations.

Once the actual evidence is presented and evaluated, we shall see if this judge's findings turn out to be correct.

Contrast those findings with Morrison, who, in looking at the exact same evidence, issued a clearance letter to the clinic.

Again, incorrect.

Judge Anderson did not look at the exact same evidence when he subpoenaed the patient charts. He did that based on Kline's allegations of what those charts might contain.

DA Morrison actually examined the charts and found Kline's allegations to be without merit.

Then, a judge testifying as a witness said, under oath, "Morrison should NOT have cleared Planned Parenthood."

No, Judge Anderson testifying as a witness said, under oath that ...records he eventually received from Planned Parenthood in 2006...did not match the original records. Based on that one point the Judge expressed his belief that the letter shouldn't have been issued.

Kline based based his allegations against the PP lawyers on Judge Anderson's testimony about the chart discrepancy. Judge Tatum dismissed Kline's allegations as unsupported.

Contrast that further with Morrison's admission of having an affair with Kline's Director of Administration, and her allegation that he was using her to spy on Kline's investigation.

Allegations [of professional misconduct] which Morrison denies.

As to the relevance of the personal misconduct, I don't see your point. Unless, of course, you're trying to imply that Morrison having an affair reflects poorly on his professionalism, while Kline's Director of Administration having an affair tells us nothing about her professionalism. In which case you don't have a leg to stand on.

What you have here is a monumental case of corruption of a public official who was financially backed by the abortion industry, and obstruction of justice by Planned Parenthood....

In real life, just making an assertion ([w]hat you have here is a monumental case of corruption of a public official...and obstruction of justice by Planned Parenthood....) does not make something true. You need to present some (any) supporting evidence. Don't hesitate to notify us when that happens.

Also, in real life, using the kindergarten-level propaganda term "abortion industry" to refer to Ob/Gyn clinics like PP puts you at a severe disadvantage.

...and despite all these things continually going Kline's way, you keep whining about "patient privacy."

Your reading comprehension is lacking. So far, nothing has gone Kline's way. His initial allegations against PP were found to be baseless, and his latest attempt to remove PP's lawyers from the case was dismissed by Judge Tatum [Kline did not present evidence... in support of his allegations.].

Why? When not a single woman has EVER been identified from the records Kline has subpoenaed.

Name one... I challenge you.


Once again, incorrect. You're the one making the extraordinary claim [...not a single woman has EVER been identified from the records Kline has subpoenaed. Knock yourself out proving your claim.

Oh, let me guess... you worry about the "potential" that it COULD happen, and you call Kline all sorts of names in your extremist effort to advance your cause.

First, when encountering a person, any person, who steals patient charts it is mandatory to call him/her names. Second, extremist effort and cause [advancement] are big words. Unless you know what you're talking about, avoid using them.

Tell me, how can law enforcement ever do their jobs if they can't get evidence because of "patient privacy?"

Answer: they couldn't. That's why law enforcement uses medical records EVERY DAY.


If you are aware of any other cases where law enforcement stole patient charts during the course of their investigation I urge you to immediately contact the appropriate authorities and report this illegal conduct.

Quit whining. Abortion files aren't "special" and clinics aren't above the law.

No need to project. I'm sure you're perfectly capable of a reasoned discussion as soon as you pull yourself together.

Also, while I must admit that I do like the sound of your bit of propaganda ["abortion files" rhymes with X-Files], I do have to point out that it's just that, propaganda. There's no such thing as an "abortion file" in all of Ob/Gyn practice.

There are only patient files which contain medical information, like Gyn histories. And, contrary to your misinformed assertion, patients charts are, in fact, "special" (can you say HIPAA, doctor/pt confidentiality, malpractice for inappropriately disclosing pt information, etc.?).

Medical clinics aren't above the law. Pity the same can be said for prosecutors who steal patient charts.

 
At 1:19 PM, Anonymous Anonymous said...

This is a perfect example of how lawyers work. Baffle them with Bull_ _ _ _ !

 
At 1:10 AM, Anonymous Anna-Marie said...

Amazing. I have read the first 2 comments and I find it rather amusing that the first person to leave a comment sounded rational and the 2nd person sounded like they were in Junior High school with the petty observations and slander. That same person, in my opinion is the one without a leg to stand on. Plain and simple: abortion is a very selfish easy way out. It allows the woman to avoid dealing with her lapse in judgement and "right her wrong" so to speak. It allows women to avoid responsibility. It allows the man to avoid responsibility. What's wrong with teaching our children, friends, pupils the importance of abstaining until...? 'Got a sniffle- pop a pill, got a baby- kill it' that simple? I find this society getting more and more disgusting every day.

 
At 3:29 AM, Blogger ema said...

Anna-Marie,

Amazing. I have read the first 2 comments and I find it rather amusing that the first person to leave a comment sounded rational and the 2nd person sounded like they were in Junior High school with the petty observations and slander.

It's good that you were amazed by me correcting the misinformation and providing facts. [As much as I'd like to bask in the glory, I do have to point out that what I did is pretty much standard in any factual, reality-based discussion.]

Now, all that's left for you to do is to familiarize yourself with, you know, like the meaning of words and like, stuff.

Plain and simple: abortion is a very selfish easy way out. It allows the woman to avoid dealing with her lapse in judgement and "right her wrong" so to speak.

Pregnancy is neither a punishment, nor a moral failing, a wrong, etc.

It allows women to avoid responsibility.

On the contrary, terminating a pregnancy allows a woman to take responsibility for her health.

What's wrong with teaching our children, friends, pupils the importance of abstaining until...?

Nothing. People should be aware of all the available birth control methods. The problem with abstinence is that it's not a reliable method.

'Got a sniffle- pop a pill, got a baby- kill it' that simple? I find this society getting more and more disgusting every day.

To answer your question about killing babies, no, infanticide is illegal. As to your view of society, it's odd that you find the availability of safe and effective drugs and medical procedures "disgusting".

 

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