Web posted
Thursday, February 21, 2008
Kline: Grand jury will need records
By JOHN HANNA
Associated Press Writer
TOPEKA, Kan. (AP) -- Johnson County's top prosecutor has told a district judge that a grand jury will need records about how a Planned Parenthood clinic in Overland Park handles fetal tissue after abortions.
District Attorney Phill Kline has said the grand jury needs to examine whether Planned Parenthood's suburban Kansas City clinic, Comprehensive Health, is complying with a state law that prohibits doctors and clinics from profiting from the sale of fetal tissue. The law also requires doctors and clinics to file annual reports with the state on their transfers of tissue from a patient to others.
Pedro Irigonegaray, a Topeka attorney representing Planned Parenthood of Kansas and Mid-Missouri, called the suggestion that the group may be selling fetal tissue ''an outrage.'' He said Wednesday that the Overland Park clinic is not involved in any such transfers.
''These are inflammatory, false, malicious, and ill-intended allegations made without any supportive evidence,'' Irigonegaray said. ''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.''
Abortion opponents forced Johnson County to convene the grand jury using a petition process in place in Kansas law since 1887. Kansas is among six states with such a process.
Kline and Planned Parenthood are battling in court over the grand jury's subpoena for medical records from the clinic. Planned Parenthood has asked Judge Kevin Moriarty to quash the subpoena, and Kline filed 80 pages of documents Tuesday in response.
He said Planned Parenthood is trying to hinder the grand jury's investigation and that any delay in producing records is an issue because, ''The grand jury will need additional information.''
Kline then added that the grand jury will need to review reports 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 above transactions to ensure that profiteering did not occur,'' Kline wrote.
Kline spokesman Brian Burgess declined to comment about the grand jury's investigation. But he did note that the citizens' petition that led to the grand jury's creation listed possible fetal tissue sales as an issue to be investigated.
A 2000 state law prohibits anyone from transferring fetal tissue to another person for more than $25 to cover transportation costs. It's also illegal to seek to buy fetal tissue. A first-time offender would face almost 13 years in prison.
As a legislator, Kline asked a House committee to sponsor the measure, and he advocated for its passage, though the measure had bipartisan support. At the time, supporters cited a television news magazine report on fetal tissue sales.
Peter Brownlie, president and chief operating officer of Planned Parenthood of Kansas and Mid-Missouri, said that before Planned Parenthood took over the clinic more than eight years ago, its operators apparently ''had an arrangement'' to provide tissue for research. But Planned Parenthood has never had such an arrangement, he said.
Irigonegaray also said it hasn't filed any reports with the state on fetal tissue transfers because it hasn't done any.
''Kline should know it,'' Brownlie said. ''It's an attempt to use his position to advance unsupported charges. It is outrageous.''
Irigonegaray said Planned Parenthood intends to cooperate with the grand jury and is working with attorneys Moriarty hired to represent the jurors. But he said Kline, who opposed abortion, is engaged in ''a horrible witch hunt.''
''We will stand strong for the defense of women in this state to have legal and safe abortions. We will not back away,'' Irigonegaray said. ''If Mr. Kline wants a fight, he's got one.''
Kline has said the issue isn't access to abortion but whether Planned Parenthood is complying with state laws on abortion.
In October, he filed 107 criminal charges against the Planned Parenthood clinic, including 23 felonies. He alleges the clinic performed illegal late-term abortions, failed to maintain records as required by law and made false reports to the state about abortions it performed. None of those charges deal with the handling of fetal tissue.
In his filing Tuesday, Kline said Comprehensive Health ''continues to defy legitimate law enforcement objectives and orders.'' He also said quashing the grand jury's subpoena ''effectively ends the investigation before it began.''
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Kline's case is State v. Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri Inc., No. 07-CR-2701.
The case involving the subpoenas is In the Matter of the Grand Jury Investigation, No. 07-CV-8495.
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