Kansas AG Morrison Voices Concerns About Security Of Medical Records Of Women Who Underwent Late-Term Abortions

Kansas Attorney General Paul Morrison (D) after being sworn in to the office on Monday said he is concerned the medical records of 90 women and girls who in 2003 underwent late-term abortions subpoenaed by former Attorney General Phill Kline (R) might have been copied, the AP/Wichita Eagle reports (Hanna, AP/Wichita Eagle, 1/8). Kline in 2004 subpoenaed the records of the women and girls who received late-term abortions at Comprehensive Health, which is operated by Planned Parenthood of Kansas and Mid-Missouri in Overland Park, Kan., and Women's Health Care Services in Wichita, Kan., saying there is probable cause that each record contains evidence of a felony. The state Supreme Court in February 2006 ruled that Kline can seek access to the records but that he must return to Shawnee County, Kan., District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office in November 2006 after removing information that would identify individuals (Kaiser Daily Women's Health Policy Report, 12/4/06). Kline last month filed 30 misdemeanor charges against Women's Health Care Services owner George Tiller for allegedly performing 15 illegal late-term abortions in 2003 on patients ages 10 to 22 without properly reporting the details to the state. Kline hired attorney Don McKinney to be special prosecutor in the case (Kaiser Daily Women's Health Policy Report, 1/2). A Sedgwick County, Kan., district judge last month dismissed the charges on a jurisdictional issue at the request Sedgwick County District Attorney Nola Foulston (D), and McKinney filed an appeal to the state Supreme Court. Morrison, who defeated Kline in the November 2006 election, said he does not plan to withdraw McKinney's request. According to the AP/Eagle, the evidence against Tiller includes records from 60 patients who visited Women's Health Care Services (AP/Wichita Eagle, 1/8).

Morrison Fires McKinney, Reaction
Morrison on Tuesday sent a letter to McKinney ordering him "to cease and desist of any further activity" in regard to the Tiller case, the AP/Forbes reports (Hanna, AP/Forbes, 1/9). Morrison said he will demand McKinney return the medical records and any copies he might have made. "I do have concerns about how many copies have been made of [the medical records] and who's got possession of them," Morrison said. He added that his office will give the allegations against Tiller "a really good review" no matter how the state Supreme Court rules on McKinney's appeal. Tiller's attorneys have said the allegations are unfounded (AP/Wichita Eagle, 1/8). "Morrison said he would fire me because I was not a 'neutral third party;' that's a smoke screen," McKinney said adding, "Nobody is neutral about aborting late-term babies. A special prosecutor isn't supposed to be neutral, he's supposed to prosecute the defendant." Kline in a statement Tuesday said Morrison "fired an independent prosecutor with a well-respected legal career and terminated the contract that provided that prosecutor with independent authority." McKinney's last day as special prosecutor will be Saturday (AP/Forbes, 1/9).

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