Kansas Choices

1. Kansas Choices The Kansas Abortion Culture

2. The Players Former Kansas Governor, now HHS Secretary Kathleen Sebelius and President of Planned Parenthood, Cecile Richards. When Kline’s investigation of Planned Parenthood became public, Sebelius and Richards announced a new Planned Parenthood political initiative to spend massive amounts of monies to defeat Kline. The announcement was made at the 2006 Democratic Governor’s Association National Meeting. Governor Sebelius would also utilize her authority over two Kansas agencies to thwart Kline’s investigation and use her appointment authority to pack the Kansas Supreme Court with justices who would work to block the investigation. Why? Planned Parenthood stood to lose over $350 million a year if Kline brought charges resulting in a conviction. Attorney Pedro Iragonergary and Planned Parenthood CEO Peter Brownlie. Both would file hundreds of ethics complaints against Kline during the investigation, all of which were investigated over a period of six years by the Kansas Disciplinary Administrator who is appointed by the Kansas Supreme Court. Late term abortionist George Tiller. Tiller’s monies passed through the ProKanDo PAC also worked to defeat Kline.

3. Kansas City based Stowers Institute, Julie Burkhart of ProKanDo, former District Attorney and Attorney General Paul Morrison and Kansas City Star Editorial Page Editor Barb Shelley. Stowers, as a medical research institute supporting embryonic stem cell research poured hundreds of thousands of dollars into independent efforts to defeat Kline. Burkhart ran Tiller funded ProKanDo PAC to funnel Tiller millions and the KC Star won the “Maggie Award” from Planned Parenthood for how they treated Kline’s investigation. Morrison was Sebelius’ hand-picked candidate to run against Kline for AG in 2006.

4. Sebelius and Tiller and Planned Parenthood…. • Money Filters…. • Bluestem PAC. • Kansans for Democratic Leadership. • Democrat Governor’s Association. • Kansans for Consumer Protection Privacy. • ProKanDo PAC. • Hudson Bay Company of Illinois. • Greater Kansas City Chamber of Commerce. • Kansans for a Moderate Government.

5. ProKanDo PAC ProKanDo 2006 http://kansasmeadowlark.com/2007/08-20a.htm

6. ProKanDo PAC Errors and Omissions: ProKanDo PAC

7. ProKanDo PAC Errors and Omissions: ProKanDo PAC “Contributions” by Hudson Bay Company of Illinois (from Minnesota) to ProKanDo PAC in 2005-2006 Cycle Update (March 2008): $71,332 in 33 payments including 2007.Part of testimony to Senate Elections and Local Government Committee, 3/18/2008. Why would a “Telemarketing” firm be so generous to ProKanDo?

8. Non-Profit Non-Profit “Kansans for Consumer Privacy Protection” and “Snoop Dogs” in AG Contest www.theaapc.org/content/pollieawards/2007/2007_Winners.pdf “Were ProKanDo's award winning political phone calls, "In the Dog House,“ paid for by a PAC or a Nonprofit? “Kansas Meadowlark, Mar 22, 2007 ProKanDo PAC Expenditure How can related PAC and non-profit legally share a campaign theme?

9. The Kansas Supreme Court Kansas Supreme Court Justices are appointed by the Governor for life and do not require confirmation. Former Governor Sebelius has appointed a majority of the seven justices. Justice Carole Beier, Sebelius appointed (left)is formerly a lawyer with the National Women’s Law Center. Beier has written the Court opinions dealing with abortions. Justice Nuss(pictured right) was in the Court’s majority on every case dealing with abortion. Nuss was censured for unethical behavior in Montoy v. Kansas. In Montoy the Kansas Supreme Court found the Kansas school finance system to be unconstitutional and ordered the legislature to add over $300 million in funding to education. Nuss was caught meeting with the President of the Kansas Senate in an effort to negotiate a bill that would be satisfactory to the Court. Nuss was insisting that any school finance bill be “bi-partisan” in order to obtain court approval. Neither the Senate, nor the President of the Senate were parties to the action. Attorney General Kline filed the complaint against Nuss.

10. Judge Richard D. Anderson, Chief Judge Shawnee County. Judge Richard Anderson of Shawnee County issued the original subpoenas for abortion records after finding “probable cause to believe” that the records contained evidence of crimes. Anderson has been sued three times in mandamus as a result of that finding – twice by abortion providers and once by then Attorney General Morrison. Judge Eric Yost of Sedgwick County (Wichita) reviewed Kline’s evidence against Dr. Tiller and found probable cause to believe that Dr. Tiller committed the crimes alleged. As a result, charges were filed against Dr. Tiller on December 21, 2006. The charges, however, were dismissed the following day at the request of Sedgwick County District Attorney Nola Fouls ton by a traffic court judge who did not review the evidence. Foulston claimed that Kline as AG, did not have jurisdiction to file the charges. Kline appealed, however, when AG Morrison assumed office in January of 2007, he dismissed the appeal. Judge James Vano of Johnson County reviewed Kline’s allegations against Planned Parenthood and found probable cause to believe that Planned Parenthood committed 107 criminal acts including 23 felonies. Kline’s charges were filed in October 2006 and are still pending. Every district court judge that has reviewed Kline’s evidence has found probable cause.

11. Sedgwick County District Attorney Nola Foulston (left) has repeatedly refused to investigate or file charges against Dr. Tiller, despite compelling public evidence. It was Foulston who sought and obtained a dismissal of Kline’s original charges against Dr. Tiller. The dismissal was obtained by a Judge assigned to traffic court and was based on jurisdictional arguments. Foulston’s motion to dismiss was accomplished ex parte in front of a judge who was not assigned the case. This effort took place less than 24 hours after Kline met with Foulston and Foulston stated she would “not stand in Kline’s way.” Chief Judge of Johnson County District Court Stephen Tatum. Tatum was assigned the Planned Parenthood criminal case filed by Kline. Tatum repeatedly refused Kline any opportunity of additional discovery or compulsory process. Tatum Refused to place his refusals in writing. Johnson County Judge Kevin P. Moriarity. Judge Moriarity refused to enforce a grand jury subpoena of Planned Parenthood stalling production of evidence until the grand jury was disbanded after 90 days as required by law. Moriarity also entered a “secret order” providing that the any Planned Parenthood documents produced to the grand jury could not be used in a manner that “harmed Planned Parenthood’s proprietary interests” and that the grand jurors waived their statutory civil immunity so that Planned Parenthood could sue the jurors individually if the documents were used in a manner that harmed Planned Parenthood.

12. Winter 2000 • Kansas passes comprehensive new restrictions on abortion. The law was written and passed due to public evidence that Dr. Tiller was not following the law. • At the time Kansas law provided an exception for late-term abortion if a severe fetal anomaly exists. On his website, Dr. Tiller indicated that a “severe fetal anomaly” existed in instances of cleft pallet, down’s syndrome and healthy twins. • Yet, even with such an expansive definition, Dr. Tiller admitted that he performed thousands of illegal abortions under Kansas law when he addressed an abortion providers conference in 1995. Here’s is an excerpt of Dr. Tiller’s comments. • In 2000 the Kansas legislature banned partial birth abortions, put new restrictions on late-term abortions and eliminated the fetal anomaly exception.

13. The 2000 Kansas Abortion Ban. • Eliminates fetal anomaly exception. • Bans partial birth abortions with exceptions for the mother’s “physical and mental health.” • Prohibits late-term abortion unless “two doctors find the mother will suffer severe and irreversible damage to a major bodily function if the abortion is not performed.” • Requires abortion providers to report to the Kansas Department of Health and Environment the “reason and basis” justifying late-term abortion. These reports are on forms that protect the privacy of patients and are available to the Attorney General in order to show compliance with Kansas law. • In 2000, pro-choice Attorney General Carla Stovall issued an AG’s opinion stating that the Kansas late-term ban included a mental health exception, but that the mental health concern must be “permanent and substantial” in order to justify a late-term abortion. AG Opinion 2000-07.

14. Tiller and Partial Birth Abortion. • Prior to the passage of the 2,000 law, state reports indicate that Dr. Tiller did not perform any partial-birth abortions. After the passage of the new law, he suddenly reported that every single abortion he performed was partial-birth. This claim, which is not supported by his practice, was an effort to claim the “mental health” exception in the partial birth ban. After General Stovall issued her opinion indicating that the late-term ban includes a limited mental health exception, Dr. Tiller again reversed course claiming in state reports that he did not perform any partial birth abortions. Dr. Tiller’s methods and practice never changed – only his claims on state reports.

15. 2002 Kline elected Attorney General. • In 2002, Kline defeated a liberal Republican and liberal Democrat to be elected 41st Attorney General of the State of Kansas. Kline had served as a legislator for 8 years and was a lead author on the Kansas late-term abortion ban. • During the campaign, Kline promised to enforce Kansas abortion laws. These statements now form some of the factual basis for the ethics complaint filed against him. • Kline’s opponents both benefited from hundreds of thousands of dollars of independent expenditures by abortion providers. The Kansas press largely ignores these expenditures.

16. The “Inquisition.” • Kansas does not have sitting grand juries. Rather, a prosecutor may open an “inquisition” with a District Court Judge. The “inquisition” process is a manner in which the prosecutor may obtain compulsory process when the requisite showing is made. Previously, in Kansas law, there was not an evidentiary threshold to open an inquisition, but only to obtain compulsory process. • 22-3101.Inquisitions; witnesses.(1) If the attorney general, an assistant attorney general…is informed or has knowledge of any alleged violation of the laws of Kansas, such person may apply to a district judge to conduct an inquisition. An application for an inquisition shall be in writing, verified under oath, setting forth the alleged violation of law. Upon the filing of the application, the judge shall issue a subpoena…

17. Kline initiates an investigation. • When he assumed office, Kline directed his investigators to start gathering public information indicating that illegal abortions were being performed in Kansas and to determine whether Kansas abortion providers were reporting child rape. • Substantial public information was available regarding the potential of illegal late-term abortions, including: • News articles in the LA Times and other newspapers extolling Tiller’s practice and quoting past patients who received post-viable abortions for fetal anomaly; • Previous information provided in this powerpoint; and • A statistical anomaly in Kansas abortion statistics which did not have a medical explanation.

18. Kline also investigates failure to report child rape. • Kansas, like all states in the nation, requires abortion providers to report “suspicion of injury” caused by the “sexual abuse of children.” Sexual abuse of children is defined by Kansas law as sexual interaction with a child under the age of 16. • Kline’s theory was that Dr. Tiller was finding “severe and irreversible damage of a major bodily function” to children in order to perform a late-term abortion, yet he was claiming at the same time that he didn’t have “reason to suspect” injury caused by the sexual abuse. Kline reasoned that Dr. Tiller’s position was not legally tenable.

19. Kansas Child Abuse Reporting Laws. • Kansas law requires that reports of child sexual abuse be provided to the state’s Social and Rehabilitation Services agency. This agency was run by Governor Sebelius. Kline’s investigators decided to work to review the reports filed to that agency and compare those reports to public documents indicating the number of underage late-term abortions performed in the state. Since Dr. Tiller was the only provider claiming to perform late-term abortions in Kansas it would be possible to compare the documents to determine if Dr. Tiller was performing abortions on sexually abused children and not reporting the abuse. • In order to maintain the integrity of the investigation, the investigators decided not to inform SRS of the nature of the investigation. • The Disciplinary Administrator has cited Kline for an ethics violation due to this decision, claiming that Kline had a duty to be “honest” with SRS. • The SRS records indicated only 4 – 5 reports of sexual abuse on children during a time that over 100 abortions were performed on children in Kansas. The agency records were poorly kept.

20. Kline’s AG Opinion. • In 2003, Kline received a request for an AG’s opinion regarding when abortion providers must report child rape. • In the summer of 2003, Kline issued an AG’s opinion which stated that Kansas law requires abortion providers to report all underage pregnancies. • This opinion also forms a factual basis for the ethical complaint against Kline with the ethics administrator claiming that Kline’s “pro-life interests” provide a conflict of interest that impaired his judgment. The opinion does not form the basis of any of Kline’s investigation and the opinion is largely agreed to by District Attorney’s in the state. • Kline is sued in federal court by the Center for Reproductive Rights for this opinion. The case is known as “Aid for Women v. Kline.”

21. Opening the Inquisition • Kline’s office opened an inquisition with Judge Richard Anderson in April of 2003. The inquisition was investigating illegal late-term abortion and failure to report child rape. • In the application, filed by Senior Deputy Attorney General Steve Maxwell and Special Agent Tom Williams, the AG’s office did not inform the Judge of the AG’s office belief that SRS records were poorly maintained. • The ethics complaint against Kline alleges that Kline was not honest with a tribunal for this failure to report this information. This is despite the fact that Kline’s office did inform of the Judge of the failings in SRS prior to seeking any compulsory process and that the records failing simply pointed out the need for further investigation.

22. Opening the inquisition continued…. • During the hearing opening the inquisition Mr. Maxwell and Mr. Williams also mentioned that Dr. Tiller had performed an abortion on a 10 year-old child and had apparently failed to report the abuse to SRS as required by law. • This statement is also the basis of another complaint against Kline because the investigation reveals the following: a) Tiller did not report the abuse to SRS as required, however; b) the abuse had already been reported to California authorities by another. • The ethics complaint again alleges that Kline was dishonest with a tribunal. • This issue was litigated in the second flight of charges against Tiller and opining on this claim of improper conduct by Kline, Judge Clark Owens of Sedgwick County stated that the evidence does indeed show a violation of Kansas law in that Dr. Tiller was required to report abuse to Kansas authorities any abuse regardless of claims that the abuse was reported in other states.

23. The Disciplinary Administrator’s Theory to Hold Kline Responsible for Alleged Subordinate Misconduct. • It is a stretch to hold Kline responsible for these alleged deceptions that constitute legitimate investigative decisions by subordinates. • The theory of all such allegations is based on an answer Kline gave to the Kansas Supreme Court in June of 2008. • At that time, Kline was ordered before the court in oral argument in Planned Parenthood v. Kline (PP III) the third mandamus action against Kline. Kline was informed immediately prior to argument that the Court required that he address in the court. • During argument Justice Beier asked Kline: “are you responsible for the actions of those who work for you?” • Kline answered: “I am not in any way trying to avoid responsibility.” • This is the basis for the assertion that Kline is responsible under the ethics rules and this quote is cited in the ethics Complaint.

24. Summer 2003 and the KDHE Records. • Kline’s office sought the abortion reports required by law to be filed with the Kansas Department of Health and Environment (KDHE). This agency is also run by Sebelius. • Kansas law specifically makes the reports available to the AG “for good cause” in order to ensure compliance with the law. The reports do not have patient names and are not medical records. • The patient’s age, date of abortion and reason and basis for the abortion are required to be reflected on the report. • The reports do not contain the name of the abortion provider and are coded in that regard. KSA 60-445. • The reports are “confidential” in that they are beyond the Kansas open records law. Nothing in the provision makes the records beyond subpoena. All other Kansas records that are beyond subpoena expressly state so, including records in the same chapter of the Kansas health code.

25. The KDHE Records. • KDHE refuses to release the records. • Summer of 2003, Judge Anderson subpoenas the KDHE records. At Kline’s request the inquisition and the subpoenas are sealed and the public is not aware of the investigation. • The KDHE reports show numerous abortions on underage children which are not in the SRS reports. • The KDHE records are not in compliance with Kansas law.

26. Non-compliant KDHE Records • The abortion provider must report the reason and basis for the abortion. This allows the AG to determine compliance. • In every report of a late-term abortion, the KDHE report read that the abortion was provided because “two doctors find that there will be severe and irreversible damage to a major bodily function.” The reports state the law, not the medical reason or the basis for that conclusion. • Kansas law states that failure to provide the required information on the KDHE form is a misdemeanor in each instance and that the abortion provider must keep a copy of the KDHE form in the medical record of the woman for five years or that is also a misdemeanor.

27. The Clinic Subpoenas. • After a review and analysis of the evidence, AG attorneys and investigators go back to Judge Anderson, obtain a subpoena for the code of two clinics with suspicious activities. The KDHE code reveals the clinics to be Dr. Tiller’s Wichita clinic and the Planned Parenthood clinic in Overland Park, Kansas. • Judge Anderson then finds probable cause to believe that the clinic records at both locations contained evidence of criminal activity and authorizes a search warrant for the clinics. • Kline, however, uncertain as to whether the medical records were actually located at the clinics, opts for a subpoena.

28. Spring – Summer 2004 • Judge Anderson issues subpoenas for 90 medical records from the Tiller and Planned Parenthood clinics. • Kline and Anderson worked out that Anderson would redact adult patient identities from the records before the records went to the AG’s office. Kline sought the identities of children. • The clinics file a motion to quash which is denied. They also seek an order from Judge Anderson requiring that Kline reveal the nature and scope of his investigation. The request is denied. • In late September 2004, the clinics are ordered to produce the records.

29. Mandamus #1. Alpha Beta Clinics v. Anderson and Kline. • In October, the clinics file a mandamus action against Judge Anderson and Kline. The petition is filed under seal, however, the clinics file a motion seeking that the Supreme Court allow the investigation to be unsealed. • Kline and Anderson answer and the parties file their briefs. • In the Winter of 2004-05, Kline files a motion for the Supreme Court to expedite hearing in that the statute of limitations on matters in the investigation is expiring. • The Kansas Supreme Court responds by ordering new briefs and postponing oral argument until the fall of 2005. • The Court also grants the clinics request to vacate the seal order and states that once a party files their brief they may comment on the matter and that the briefs will be public. • The Court’s schedule provides that Planned Parenthood will file their brief on February 25, 2005, followed by Kline and Anderson’s brief one week later. The order seals the underlying record of the case.

30. Planned Parenthood and Tiller’s Theories. • The clinics claimed the subpoenas were an invasion of their patients’ physician patient privilege. • They sought the following relief: • Quashing the subpoenas. • In the alternative – • Requiring Kline to reveal the full nature of the investigation to the clinics; • Letting the clinics decide what is relevant to the investigation and determining what to produce and in the alternative; • That the clinics be allowed to redact identifying information rather than Judge Anderson. • Kline held in criminal contempt. • Kline’s response: let Judge Anderson redact identifying information and require the production of the records. Kline opposed clinic redaction arguing that the target of the investigation will over redact.

31. Feb. 25, 2005. • Planned Parenthood files their brief and holds a news conference claiming that “Phill Kline is demanding the complete unredacted medical records of 90 women and children, including full psychological profiles, history of sexual partners and intimate information. • Kline is unable to respond for a week due to Supreme Court order. • The investigation is severely compromised in the ensuing media firestorm. • Kline files his brief attaching a redacted transcript of the hearing on the motion to quash. The hearing transcript reveals that Kline was not seeking the identities of adult patients and includes a quote from Judge Anderson that Kline was concerned about patient privacy from the beginning of the investigation. • The clinics respond with a motion to hold Kline in contempt for attaching the transcript.

32. Alpha Oral Argument • Oral argument occurs in fall 2005. The Court ordered that Kline also argue the contempt citation. • Chief of Staff Eric Rucker argues for Kline on the merits and former AG B0b Stephen represents Kline on the contempt claim. • During oral argument, Rucker stated that the AG’s office is not seeking nor does it desire adult women’s names. • Rucker’s statements are consistent with Kline’s approach from the beginning. • Of course there is not any prohibition at law from Kline obtaining these names. The statements were simply the AG’s office conceding that we did not have any problems with the Court allowing redaction of the adult patient names.

33. Extending the Statute of Limitations. • All cases relevant to the subpoenas would have been prohibited by the 2 year statute of limitations during the Supreme Court’s protracted consideration of the mandamus proceeding if not for Kline’s inclusion of an extension of the statute of limitations to five years in an omnibus complex crime bill in 2005.

34. Alpha Result

35. The Tone of Alpha • The tone of the opinion was so aggressively anti-Kline that the Kansas media reported Kline lost the case. • The Court required J. Anderson to certify to the Court that Kline’s legal theories were sound and that the evidence of criminality was more than just a reasonable medical debate. Anderson so certified immediately after the decision.

36. October 14, 2006. Kline gets the records. • Kline receives the records but has essentially already lost the 2006 election to Paul Morrison due to millions of dollars of abortion industry monies. The election is November 6, 2006. • A review of the records reveals rampant criminality. • Kline decides to proceed against Dr. Tiller. • Kline hires Dr. Paul McHugh, Chief of the School of Psychiatry at Johns Hopkins University, to review the Tiller records since each abortion shows Tiller diagnosing a temporary mental health concern in order to justify a late-term abortion.

37. Dr. Paul McHugh • Did not find one single abortion justified under Kansas law. • Abortions were performed so that the mother: a) would not have to hire a babysitter to go to rock concerts; could compete on this year’s rodeo circuit; c) because Dr. Tiller concluded that the mother would have less of a chance to complete her education if she had a child; d) because the mother might worry about the child if it is adopted; e) mother wants to go to prom; etc. • Second doctor a laser hair technician who shows up at Tiller’s clinic once a week and signs form letters printed out by Tiller that state: “I find there will be substantial and irreversible damage to a major bodily function” if the abortion is not performed.

38. Kline Loses AG’s Race, Elected District Attorney. • November 2006, Kline defeated for AG. • Planned Parenthood files another mandamus against Kline asking that he be held in contempt. The Supreme Court rejects the filing but forwards the Complaint to the Ethics Administrator. • Kline and Anderson speak about the DA’s race and Kline informs Anderson he intends to continue the investigation. • December 10, 2006 Johnson County Republicans elect Kline to replace outgoing DA Paul Morrison. This sets up that Kline and Morrison will switch jobs on January 13, 2007.

39. Kline Files Charges Against Tiller. • December 21, 2006 Kline meets with Foulston prior to filing charges. • Judge Yost finds probable cause and the charges are filed. • The following day, Foulston, ex parte, obtains a dismissal from a traffic court judge (now retired). • Kline appeals and appoints a special prosecutor to pursue the appeal. • On the first day on the job, Morrison fires the special prosecutor and later dismisses the appeal.

40. The Records… • Kline’s staff takes working copies of the redacted medical records to Johnson County. Anderson is informed and maintains original. • The case file is left for the incoming AG. The incoming AG is informed that Anderson has the original records. • Morrison assumes office and immediately begins investigating Kline under the theory that Kline’s taking of the working copies is “theft of state property.” • Kline chief investigator orders the investigator in possession of the working copies to keep the records at his home due to hostility in the office from former Morrison employees. • The ethics administrator claims this decision was a violation of Kline of the ethical rule relating to managing your client’s property.

41. Morrison steps up the investigation of Kline • January, 2007, Morrison demands Kline give up his working copies. Kline refuses. • April 2007, Morrison demands that Judge Anderson give up his original records. Judge Anderson refuses. • April 2007, Morrison files a motion with Judge Anderson for the Judge to order Kline to give up his copies of the records. A hearing is held and the court refuses to order Kline to give up his copies of the Planned Parenthood records. • June 2007, Morrison issues a public clearance letter to Planned Parenthood and announces the filing of highly technical charges against Dr. Tiller and announces he will not pursue Kline’s more substantive charges, setting up the show trial. • Morrison claims that Kline “scattered the sensitive and personal medical records all over the state.”

42. Morrison Mandamus and PP III • Morrison sues Judge Anderson in mandamus seeking a Supreme Court order that Anderson give up the original records so that they can be returned to the clinics. • Planned Parenthood sues Kline in mandamus seeking the remedy that Kline give up his copies of the records. • Planned Parenthood’s theory is based on dicta in Alpha where the Court states that once the records were redacted the records can be turned over “to the Attorney General.” PP claims that this dicta required that the records be perpetually maintained in the AG’s office. PP once again seeks that Kline be held in contempt. • The AG joins the suit against Kline. • Kline seeks state representation, but the AG, despite his conflict, denies representation forcing Kline to fund the $250,000 lawsuit.

43. Summer 2007 • The ethics administrator writes Kline demanding answers to numerous questions relating to the handling of the records, including numerous questions regarding the Tiller records. • Kline again writes the ethics administrator answering the questions. Kline had already met with assigned investigators on numerous occasions. • Linda Carter comes forward and admits an affair with Morrison, claims Morrison is harassing her and admits that Morrison attempted to use their relationship to interfere with Kline’s investigation of the abortion clinics.

44. October Charges Against Planned Parenthood. • October 2007, Judge James Vano reviews Kline’s evidence against Planned Parenthood and finds probably cause to believe that Planned Parenthood committed 107 criminal acts including 23 felonies.

45. The Case Against Planned Parenthood. Illegal abortions on viable children. Health Technology Case Study 38 Office of Technology Assessment of the United States Congress Neonatal Intensive Care for Low Birth weight Infants. 1987 Chapter 1 Summary and Conclusions Mortality and Morbidity Neonatal intensive care, along with improved obstetrical practices, is in large part responsible for the remarkable decline in birth weight-specific neonatal mortality rates over the past 25 years. Neonatal mortality for infants with birthweights of 1000 to 1500 grams has fallen from more than 50 percent to only 10 percent.And whereas more than 90 percent of all infants weighing under 1000 grams died in 1960, the neonatal mortality rate for this group now is about 50 percent. This achievement reflects improvements primarily in the 750- to 1000-gram birthweight group (more than two-thirds survive today), because mortality in the smallest and most premature infants, those under 750 grams, is still very high. Kline retains Dr. T. Murphy Goodwin, Chief of Neonatology at the University of Southern California who finds that every abortion in the PP files was performed on a viable child.

46. The PP Felonies These reports are required by law to ensure that Kansas abortion laws are being followed. If the handwriting above does not match, then PP likely committed felonies and manufactured records in an effort to show compliance with law.

47. Planned Parenthood’s Defense to the Felonies….”We didn’t have a copy machine….” After the hearing, the chief executive officer of PlannedParenthood said that Planned Parenthood never "manufactured" any records. "We had copies of these reports," CEO Peter Brownlie said. "It all has to do with how we keep our reports. Everything was hand-produced in 2003.“ Kansas City Star, April 2008. BUT…. The reverse side of the manufactured reports all contain the same language and in order to save time when manufacturing the documents, Planned Parenthood photocopies the handwriting on the back.

48. The Supreme Court orders a secret trial…. • After criminal charges were announced against Planned Parenthood, the Kansas Supreme Court suddenly orders a secret trial in PP III, ordering Kline to be subject to deposition subpoena and trail subpoena to answer questions by Planned Parenthood and AG Attorneys. • The Court appoints Judge David King of Leavenworth County as the special master, orders that the trial take place by mid-December 2007 and allows full discovery to the criminal defendant’s. • Judge King is charged with answering 17 questions of fact by January 10, 2008. Most of the questions deal with the Tiller records which are not within the scope of the Planned Parenthood petition, but are identical to previous questions posed by the ethics administrator to Kline. The Supreme Court is using the mandamus for discovery in the ethics proceeding.

49. The Citizen Grand Juries…. • A petition drive succeeds in seating a Johnson County Grand Jury to investigate Planned Parenthood. • Special counsel and Judge Moriarty, however, thwart subpoenas by the grand jury. • The Planned Parenthood secret agreement subjects grand jurors to personal liability to Planned Parenthood. • The grand jury disbands, records are sealed and the media reports that Planned Parenthood is cleared again.

50. The Wichita Grand Jury • The judge subpoenas records but Tiller files a mandamus to the Supreme Court which orders the subpoena to be severely restricted and also does not extend the time for the grand jury to sit. • Further, DA Foulston advises the grand jury that Kansas law only requires two doctors to make a finding and that the law does not allow any scrutiny of that finding. • Accordingly, the grand jury states that the actions of Tiller are troublesome, but suggests a change in Kansas law and disbands.