Newly revealed documents in the long-running battle over evidence in a criminal case filed against a Kansas Planned Parenthood operation shows that felonies may have been committed in order to avoid misdemeanor paperwork-related charges.

The case was developed by Johnson County District Attorney Phill Kline while he served as the state’s attorney general. He transferred the evidence to himself when he left the state office and took over in Johnson County, where Planned Parenthood is located.

In a court document made public yesterday, a potential witness in the criminal case against Planned Parenthood indicated Planned Parenthood, instead of admitting to misdemeanor failure to keep required paperwork regarding abortions, may have fabricated the documents instead to respond to a subpoena for the papers.

District Judge Stephen Tatum this week refused Kline’s request to allow Shawnee County District Judge Richard Anderson to testify in the Planned Parenthood case, because he originally evaluated the evidence and came to the conclusion that some documents may have been manufactured.

Phill Kline

Anderson was the judge overseeing Kline’s investigation of alleged criminal acts by Planned Parenthood when Kline was attorney general. The judge has medical records, redacted to conceal individual identities, that Kline got from Planned Parenthood as well as state Health Department records on the company’s abortions.

The records are integral to the 107 charges Kline has filed against Planned Parenthood’s corporate operation in Overland Park. The abortion provider is charged with manufacturing the abortion reports, felonies, as well as a list of misdemeanors regarding state abortion laws.

Planned Parenthood has denied the charges.

Kline subpoenaed the judge to testify at a coming preliminary hearing in the criminal case, but the state Supreme Court told Anderson not to appear.

Planned Parenthood also has a lawsuit pending against Kline to retrieve the medical records used in the criminal case, and the state attorney general’s office is trying to get the records back from Anderson.

But in the unveiled court filing, submitted by Kline in support of his need use evidence he obtained legally and to have Anderson testify about the disputed records, he summarized the dispute this way:

“Petitioner, a criminal defendant in a pending criminal proceeding, is asking this court to strip the prosecutor in that action of evidence lawfully obtained and, essentially, give that evidence back to the criminal defendant.”

He continued: “Should petitioners’ relief be granted, this court would strike a blow to our republican form of government and to the functioning of our criminal justice system.”

Kline explained that Anderson has described the records in the dispute as having “intrinsic evidentiary value” but that would be “irretrievably lost if they are returned to the criminal defendant.”

“Judge Anderson has concluded, based upon his review of [state] records … ‘it appears’ the records are not what they purport to be and have instead been ‘manufactured,'” Kline said.

The following image of some of the documents reveals that a document marked “copy” clearly has writing that is not the same as the supposedly original document:

Some of the Planned Parenthood paperwork used as evidence to develop criminal charges against the company

The documentation from Kline also revealed that while the abortion provider’s files “did not contain a finding that the fetus was not viable for these files for patients with a gestational age of 22.0 weeks LMP or greater,” one document and its “copy” appear to state the age at 23 weeks in writing that also is not identical:

Documentation of an estimated gestation age of 23 weeks, even though the original and its “copy” are not identical

“As Judge Anderson has stated, the evidence indicates the commission of a felony in an attempt to cover up a misdemeanor,” the court filing said.

“Given the strong evidence of crimes contained in the records, justice demands that the evidence be presented to a jury – where all the protections afforded criminal defendants by our criminal justice system will be accord to petitioner – for a final determination,” Kline wrote.

He said the case has been fraught with difficulties because of the pro-abortion influence within Kansas politics – it recently was revealed that late-term abortionist George Tiller was a guest of Gov. Kathleen Sebelius for a reception – as well as in Kansas’ judicial system.

“Until very recently, this criminal defendant’s action was aided and abetted by former Attorney General [Paul] Morrison who was more interested in satisfying a political grudge against [Kline] than in investigating and prosecuting possible crimes,” Kline wrote.

In fact, Morrison, with backing from pro-abortion forces, defeated Kline in his bid for re-election two years ago. He promptly abandoned criminal cases Kline had launched regarding abortions. However, Morrison later resigned in disgrace after being caught in a sex scandal.

WND columnist Jill Stanek wrote about case in a blog under the headline “KS Planned Parenthood caught in 2 whoppers.”

“PP’s excuse? The little PP with a $1 billion backer says it didn’t own a copier,” Stanek wrote

“After the hearing, the chief executive officer of Planned Parenthood said that Planned Parenthood never ‘manufactured’ any records,” she continued.

“It all has to do with how we keep our reports. Everything was hand-produced in 2003,” Stanek quoted Peter Brownlie as saying.


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