Archive for Friday, March 11, 2005

Court lifts abortion gag order; Kline irate

Atty. Gen.: Granting clinics’ request could harm rape victims

March 11, 2005

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— The Kansas Supreme Court has lifted a gag order covering Atty. Gen. Phill Kline's pursuit of records from two abortion clinics, and Kline said Thursday the decision could harm child rape victims.

The gag order was imposed last year by a Shawnee County district judge who issued subpoenas for the records of 90 patients from the still-unknown clinics. Kline said the records contained information that would help him pursue child rapes and potentially illegal late-term abortions.

The clinics asked the Supreme Court last month to lift the gag order, and the Supreme Court issued its one-word order -- "granted" -- late Wednesday. The clinics also want the Supreme Court to intervene, keeping them from having to give the records to the Shawnee County judge and, ultimately, some information to Kline's office.

Supreme Court spokesman Ron Keefover said the court's decision allowed parties in the case to discuss a secret, district court-supervised investigation Kline started in October, the judge's subpoenas and other related information.

However, Keefover said, most documents in the case remained under seal, including the clinics' request to have the gag order lifted.

Kline called the decision "amazing." He said the decision would permit the clinics to notify patients their records were being sought. Where a child has been raped by a family member or close acquaintance, Kline said, such notification will tip off the offender.

"I just cannot believe a court would do this," Kline said in an interview. "It could harm a child directly."

Bill Hoch, a spokesman for one of the clinics, identified only as "Alpha" in court documents, said it was pleased with the court's ruling. He declined further comment, saying the clinic would discuss the case publicly in the future.

Attorneys for the other clinic, "Beta" in court records, did not immediately return a telephone call from AP seeking comment.

The clinics' attorneys and abortion rights advocates have criticized Kline, who opposes abortion, saying his investigation could endanger women's privacy.

But Kline said investigators routinely gained access to medical information in criminal investigations, often without patients' knowledge. He noted that the district judge would determine what information his office would see, and his office would protect patients' privacy.

Kline also said in an investigation of potentially illegal late-term abortions, patients didn't face sanctions under Kansas law, only doctors and clinics. State law prohibits abortions during or after the 22nd week of pregnancy unless a fetus cannot survive outside the womb and a woman's life or health is in danger.

"You can sue me, and I'm not going to provide you the names of these people, and besides, I probably won't get them," Kline told reporters and editors gathered for an annual Day at the Legislature program sponsored by AP and the Kansas Press Association.

He added: "Forget about Phill Kline being pro-life. Forget about Phill Kline being a religious, right-wing wacko and focus on the issues. All the assaults on our position on this are assaults against me -- and this is not about me. It's not about me. It's about the law, and it's about protecting children, and it's about whether somebody is above the law or not."

Backing Kline in the dispute Thursday were county prosecutors, whose association filed legal arguments with the Supreme Court, saying its intervention would "greatly hamper" criminal investigations.

"The Kansas Supreme Court should refrain from attempting to micromanage this criminal investigation," the association said.

In a later interview, Kline questioned the clinics' commitment to patients' privacy, noting they sought to lift the gag order and want to discuss the investigation publicly.

"There's no reason for the clinics to do this," Kline said. "They are sowing fear, hysteria and terror."