Pro-Life NEWSLETTER Volume 26, Issue 3 SUMMER 2008 Kansans for Life Affiliate of the National Right to Life Committee The man behind the curtain: How the industry came to control

“Every Kansan, every American, ‘Man Behind Curtain’ Page needs to read this article in full!” Abortion Industry Ignores the Law . . 10 Tiller works the system ...... 11 —Dick Bott, Kline Investigates ...... 12 President, Bott Radio Network Abortion Industry Finds a Savior . . . 13

GOP Picks Principle over Progress . . 14

Morrison calls Tiller charges ridiculous 14

14 Sebelius accepts wrong red T-shirt . . Dr. McHugh comes to Kansas . . . . . 15 Morrison Feints ...... 16 Kline Investigates 16 Kline Charges Planned Parenthood . . 17 By Jack Cashill, Ph.D. The Worm Turns ...... 19 State Tries to Silence Anderson . . . . 20 In his May 2008 column in the archdioce- Abortionists Fight Grand Juries . . . . 20 san paper, The Leaven, Archbishop Jo- Supreme Court Weighs In ...... 21 seph F. Naumann of the Archdiocese of Bishop Admonishes Governor . . . . 22 Kansas City in Kansas publicly chastised Kline Decides to Run for Full Term. . 23 Kansas governor : Grand Jury Corrupted by Lie . . . . . 24 “In no small part” due to the governor’s actions and inactions, said the Aug. 5th! Archbishop, “Kansas has become infa- Pro-life ballot (Continued on page 10) on back cover

Grand Jury was told Grand Lie

The failure of the Grand Jury to deliver their resume! We said it last summer when indictments is a tragic injustice for all law- disgraced former AG Paul Morrison came abiding Kansans. up with his misinterpretation of Kansas’ late-term abortion law which appears to KFL Executive Director Mary Kay Culp have been told to the grand jury as if it is the commented, “The only thing the Wichita current interpretation of Kansas late-term grand jury uncovered was just how deeply corrupt the Wichita District Attorney’s of- continued on p. 4 fice is. This grand jury would have surely indicted had they Other Contents: not been misinformed. The problem isn't Gov’s Dishonesty ...... 6 the current law. The problem is the so- Legislative votes on C.A.R.A. . . . . 8 called enforcers of that law that have failed Healing after Abortion ...... 25 to do their job, and can now add allowing a Projects and Events ...... grand jury to be misled about the law to 26-27

Pro-Life Kansans for Life News Published by Kansans for Life, Kansas affiliate of “To-Do” List the National Right to Life Committee www.KFL.org  Will there be a pro-life booth at your County Fair? If no one else is organizing 2501 E. Central, Wichita KS 67214-4511 one, why not you? KFL can send you (316) 687-5433 or 1-800-928-LIFE everything you need for either a fax: (316) 687-0303 “manned” or “unmanned” booth. Call us at 1-800-928-5433 and we’ll help you e-mail: [email protected] through this project. Kansans For Life is a statewide non- profit educational organization also  Call your pastor to ask if anyone is engaged in social action. It is dedicated setting up a voter registration booth at to protecting and fostering the most basic your church this summer. The last day to human right ... life itself. turn in voter registrations before the Pri- mary Election is July 21. It is 100% KFL Regional Offices LEGAL to have a voter registration 929-A S. Kansas Ave, Topeka KS 66612 drive in your church. For information on (785) 234-2998, fax (785) 234-2939 what is and isn’t legal to do politically in e-mail: [email protected] churches, see www.voteprolife.net and 7808 Foster, Overland Park KS 66204 click on “What is Legal?” (913) 642-5433, fax (913) 642-7061 e-mail: [email protected]  Check your community calendar President: Dr. Alan Hansen and church bulletin to find upcoming Executive Director: Mary Kay Culp events where you could set up a pro- Editor: Amy Torkelson life display. See page 23 for ideas. Newsletter Contributors: Mary Kay Culp, David Gittrich,  Write to the Johnson & Johnson Kathy Ostrowski, Amy Torkelson. Company, which manufactures abor- tion-inducing drugs and contributes to Subscriptions: For a one-year subscription, Planned Parenthood, the world’s larg- send $15 to Kansans For Life, 2501 E. est abortion provider. Write to: Wil- Central, Wichita KS 67214. For bulk liam C. Weldon, One Johnson & subscriptions, please call KFL at 1-800- Johnson Plaza, New Brunswick, NJ 928-5433. 08933. Article Submission: Mail or fax articles to any office listed above, or e-mail the editor  Find out how your State Senator and at [email protected]. State Representative voted on CARA. Reprint Permission: Any item See article, pages 6-7 for more about the originating from KFL may be reprinted Comprehensive Abortion Reform Act. from Kansans For Life News with attribution. For other articles, please contact the editor who will direct you to Ronald Howe Memorial the original author. Stephen A. Gonzales David Solomon For 24-hour pregnancy Wischnewsky Memorial assistance, call: Lori Leggett In honor of McKayla Rose 1-800-848-LOVE Rojean Feldman

Page 2 Kansans for Life News Summer 2008 FOR D.A. ! By Mary Kay Culp

When Phill Kline said he under Paul Morrison). And, Howe did didn’t intend to seek re- something Morrison would never do: He election, I was, frankly, a attended our last two KFL Valentine Ban- bit relieved. I thought his quets as a guest of pro-life supporters who Mary Kay Culp charges against Planned continue to support him in the primary. Parenthood (PP) would go to trial before his term was up, and I knew He says he will follow the law in the PP what a challenge re-election would be because case, but when I told him details about it, of the local media’s unwarranted, but very he seemed to know little. Why? And, what exactly does “follow the law,” mean? real, bias against him, and us. Would he re-subpoena the records if need Then, in the Johnson County DA’s office, be? How much resolve would he have in the Kline was advised against reopening the old face of criticism? We just can’t know now. Horton murder case (the 1971 murder of 13- year-old ‘Lizabeth Wilson). The first con- Here’s how I see it. This is the FIRST crimi- nal case against Planned Parenthood EVER, viction had been overturned by the . But Kline ignored that ad- ANYWHERE. We have Joe Montana on the field and he’s advanced the ball further vice, and won the case. than anyone against a team we know is as After hearing from an eyewitness how im- cut-throat as they come. No coach in his pressive Kline was at the Horton trial, I said right mind would pull him and put in a out loud: “Someone pour a cup on coffee on rookie at that moment! my head for what I’m about to say, but, just why can’t Kline continue to be our district Some think the problem with successfully attorney? The abortion issue aside, he’s fighting Planned Parenthood stems from Kline’s image. But we know Planned Par- doing a good job!” enthood would refuse to bend to justice no Then I started attending the hearings in matter who tried to apply it. Kline’s case against Planned Parenthood. I watched Topeka Richard Anderson Heck, until July 2, I was naive enough to testify that there were illegalities in Planned believe the Wichita grand jury might be Parenthood’s records. I watched the Kansas handled fairly! I don’t know why. The 2006 Supreme Court refuse to allow Judge Ander- one wasn’t. The Johnson County one was- son to testify at a second, more important hear- n’t. Hope springs eternal I guess, but no ing. I watched PP Pedro Irigonegaray longer for me. Little Miss Sunshine is gone. fume at Judge Tatum, and get him to postpone Instead I realize like never before that hearings again and again until the end of Kline’s race is the most important one in the Kline’s term loomed on the horizon. state on August 5th! I watched the PP grand jury get a spreadsheet We need the only man committed enough to instead of records. I watched the Tiller grand the rule of law to say so openly—damn the jury (a grand jury that wouldn’t have hap- torpedoes, and torpedoes there will be! pened without Kline’s original charges) have 3 months of record-reviewing time stolen from And even though it is natural to want to them by the state Supreme Court. avoid that prospect, to go with Howe and hope for the best would be wrong, because And, the more I watched, the madder I got. Howe is untested. Now I’ve had to watch that grand jury fail Kline, on the other hand is proven. He be- to indict Tiller because they were lied to lieves as we do, understands the issue and about the current interpretation of the law— the enemy like NO ONE else, and is a gifted making them think that their “common orator. What more could we want in a can- sense” conclusion that Tiller broke the law didate? A little less controversy? Perhaps. was wrong, when it was right! But the controversy is only there because of This isn’t just un-pro-life. It’s un-American! his beliefs, talent, effectiveness and resolve. Steve Howe, Kline’s opponent in the pri- Kline winning this election may not be easy mary, appears to be a nice, Catholic family or comfortable, but to me, it would be dead man with prosecutorial experience (albeit wrong not to give it everything we’ve got!

Paid for by the Kansans for Life Political Action Committee, Archie Macias, Treasurer.

Summer 2008 Kansans for Life News Page 3 prosecute for illegal under statute Grand Jury fails to indict 65-6703. No Supreme Court decision has continued from front page redefined the plain meaning of that law and abortion law—which it isn’t, and we say it there is no special legal meaning for again: The law is sufficiently plain. Legisla- “irreversible” that is different from the com- tors can’t cross enough “T’s” and dot mon sense meaning. The jury was wrongly enough “I’s” to make those charged with advised that somehow their common sense enforcing the law do so, when they care was not sufficient to prevail and that the more about the massive doses of political Supreme Court would use magical intuition money expended by those like Tiller who to determine when abortions were valid. manipulate the law.” Furthermore, the jury statement astonish- The grand jury clearly was either led astray ingly asserts that, “The Court has further by the prosecutor, or someone else did it indicated that if a review of the relevant and the prosecutor didn’t correct the misin- circumstances surrounding a woman’s preg- formation. This is exactly what we feared nancy and subsequent abortion revealed no and is why the citizens’ petition demanded a more than a reasonable medical debate over special prosecutor insulated from D.A. the condition of the patient...no crime has Foulston. Unfortunately, the Sedgwick been committed.” County did not obtain an unbiased The phrase “no more than a reasonable prosecutor, and now the jury’s statement medical debate” found in the state Supreme reflects abominable legal instruction. Court’s Alpha case was intentionally mis- Examples abound. The grand jury statement used to undermine the actual current inter- says, “the medical records reviewed by this pretation of the law. The jury is parroting Jury revealed a number of questionable late- the argument used by Paul Morrison that as term abortions with regard to the diagnosis long as two doctors agree, no legal authority of ‘substantial and irreversible impair- can question them. ment.’” Yet the prosecutor allowed the jury Our next move is unclear, but certainly this to be misled that these abortions were not makes Kline’s re-election as Johnson prosecutable. County DA the most important race in the The jury statement also proclaimed, “As the state, if only because he remains one of the current law is written and interpreted by the few left with enough backbone to battle Kansas Supreme Court, late-term abortions Kansas’ complete political corruption by the will continue for many circumstances that abortion industry. would seem, as a matter of common inter- What you can do: Educate yourself about pretation, not to meet the definition of this grand jury at www. peoplearewatch- ‘substantial and irreversible impairment of a ing.com. Keep updated at www.kfl.org. major bodily function.’” Also work HARD for election of prolife However, English is all that is necessary to candidates via www.voteprolife.net!

KFL institutes Mike Farmer award At the KFL-PAC Flag Day Prayer Breakfast on June 14, the KFL-PAC presented the first annual Pro-Life Patriot Award to Mike and Jean Farmer. Mike Farmer, a former president of KFL, passed away last November of Leukemia. Mike had been involved in the pro-life movement since the 1980’s, and served in the Kansas House of Representatives, where he was instrumental in bringing and end to the teaching of abortion at KU Medical Center. He resigned his House seat in 2000 to become the Executive Director of the Kansas Catholic Conference, where Mike Jean Farmer accepts the first annual continued his outspoken advocacy for the Mike Farmer award from David Gittrich. unborn until his death.

Page 4 Kansans for Life News Summer 2008 For background information about this Grand Jury, see www.peoplearewatching.com or www.kfl.org

GRAND JURY FACTS: ▫ After nearly 7,000 citizens signed a petition written and distributed by Kansans For Life, the grand jury was empanelled, but suffered a delay of nine weeks while the Su- preme Court considered, and rejected, Tiller’s motion to disband the jury. The jury commenced Jan.8. ▫ The petition demanded a special independent prosecutor, free of D.A. Foulston’s influence, but this was ignored. ▫ The jury was denied, from Feb.2- May 6 (half its term), access to its primary evi- dence—abortion records—while the Court again considered, and rejected, motions to disband the jury by Tiller and the Center for Reproductive Rights.

LATE-TERM BAN FACTS: ▫ The Kansas’ abortion ban, adopted in 1998, only allows a viable baby to be aborted to save the mother’s life or avert “substantial and irreversible impairment of a major bodily function.” ▫ Former AG declared in 2000 that “bodily damage” includes mental health. The Supreme Court concurred with that interpretation in the 2006 Alpha deci- sion—a case governing subpoenaed abortion records.

TWO EXAMPLES OF TILLER POLITICAL MONEY IN KANSAS: ▫ On the last weekend before Kline’s 2002 AG election. Tiller’s political action group gave $150,000 to a fleeting entity, Kansans for Democratic Leadership, who bought $150,000 worth of radio ads for Kline’s opponent, which is more money than he (the opponent, ) had raised for his entire campaign. ▫ The Kansas Governmental Ethics Commission named Tiller’s ProKanDo Political Action Committee (PAC) the biggest spending PAC in Kansas in 2002.

GLEN MCCOY © 2008 Belleville News-Democrat. Reprinted with permission of UNIVERSAL PRESS SYNDICATE. All rights reserved.

Summer 2008 Kansans for Life News Page 5 CARA veto shows Guv’s dishonesty

In her veto of the Comprehensive Abortion medical services and hospice for fetal de- Reform Act of 2008 [CARA], Gov. Kath- fects. CARA enhanced legal action against leen Sebelius recirculated abortion industry ILLEGAL abortions. propaganda, claiming the bill was unconsti- tutional and jeopardized medical privacy Uses patient privacy excuse and women’s health. This veto is not the first time Gov. Sebelius “Un-Constitutionality” was a red herring, has invoked the inflammatory “patient pri- well-answered before large bi-partisan ma- vacy” card. She used that excuse in 2006 to jorities in the Kansas House and veto a modest bill that Senate passed this abortion re- merely added one form. question to the state report: “Is the pregnant The CARA bill conformed to woman’s maternal our state constitution and case health threatened by a law, as well as the U.S. Su- mental or physical preme Court’s abortion rul- danger?” ings, especially their April 2007 Gonzales decision, upholding This state health re- state oversight as legitimately port NEVER has pa- serving to promote births, im- tient identifiers, such prove maternal heath and bar as name, address, misuse of the medical arts. phone, birthday, etc. Clearly, personal pri- Regarding the governor’s stated vacy cannot be threat- concern about endangering Gov. Sebelius hosted George ened by requiring the women, Kansas law already Tiller and his entire staff at general nature of a allows any state-licensed doctor Cedar Crest in April 2007. medical condition to be to perform an emergency abor- (photo courtesy of Operation Rescue) reported on the health tion at any stage in pregnancy department’s always to save the mother’s life. Interestingly, there nameless late-term abortion statistical re- have been NO reports—ever—of Kansas port. abortions done to save the mother’s life. Sebelius didn’t specify how privacy was The vetoed CARA bill did not reduce exist- jeopardized in CARA, but we know that the ing law guarding women’s health, but abortion industry disliked two provisions: would actually have better protected raped one allowing prosecutors’ access to those minors and coerced, battered women. always nameless statistical reports, and one CARA gave mothers the choice to view requiring the pregnant woman to receive a fetal ultrasounds and connect with free specific written description of her medical condition. Key provisions of CARA Sebelius claims she supports alternatives to abortion, but we ►Option to see fetal ultrasound and are unaware of her donating hear fetal heart tones dinners at the governor’s man- sion for fetal hospice or preg- ►Referral for free medical care and nancy assistance centers as she hospice for fetal defects did for infamous George Tiller and his entire late-term abortion ►Protocol inhibits child predators staff in April 2007. buying abortions to hide crimes Not only has this governor ►Rape/ incest reporting improved NEVER authored or champi- oned assistance for crisis preg- ►New accountability for judges and nancy centers, in 2004 Sebelius clinics that bypass parental notice shockingly line-item-vetoed an

►Physician loses medical license for entire grant-matching fund for performing an illegal late-term abortion non-profit groups that edu- cate/support pregnant women. It

Page 6 Kansans for Life News Summer 2008 profile by protecting citizens Pro-life measures from “Big” Insurance industry Rep. Sebelius voted against takeovers and cost-cutting “drive-thru” C-section deliver- 1990- Parental notice of minor’s abortion ies. However, her fights against money-making indus- 1990- Ban on 3rd trimester abortions (life tries have never extended to of mother exceptions) and 24 hour the Big Abortion industry and waiting period / informed consent its cost-cutting drive-thru abortion mills. 1994- Public registration for child rapists Ten years after passage of a Pro-life measures state ban on viable baby abor- tions, well over 90% of such Gov. Sebelius vetoed abortions are done on non- Kansans lured by Tiller’s ex- 2003- abortion clinic licensing & regulation tensive online advertising and 2004- pregnancy/adoption center grants a known laxity in state law enforcement under Se- 2005- abortion clinic licensing & regulation belius’ administration. 2006- late-term abortion report question After Sebelius was first 2006- ban on state-funded human cloning elected in 2002, Tiller wrote 2007- late-term abortion report accuracy his supporters to thank them 2008- CARA abortion reform for helping elect a governor who was their true friend. Tiller and his political entities was Phill Kline, the then-Attorney General, have given many thousands of dollars di- who actually rescued those groups by scrap- rectly and indirectly to Sebelius’ campaigns ing together funds for them from an anti- through the years and she has responded by trust settlement. After recognizing her po- vetoing honorable legislation like CARA. litical faux-pas, the governor stopped ag- gressively harming such groups by allowing Sebelius’ current boast of helping lower this annual funding to continue. Kansas abortion rates is not a bit credible, given that abortion numbers nationwide Long record of abortion support have dropped, and that she vetoed six abor- Over half of all Kansas teen abortions are tion measures designed to prevent “unsafe” done on non-Kansans, due in no small part abortions, teen abortions, and illegal late- to the weak parental involvement provi- term abortions. sions of the state abortion law enacted in In the May 9, 2008 edition of the Catholic 1992. That law was greatly shaped by diocesan newspaper, Archbishop Joseph then-chairman of the House Federal Naumann publicly requested that Sebelius State Committee, Sebelius, who was out- stop presenting herself for Communion until raged at the 1991 Summer of Mercy abor- she repudiates the abortion support which tion rescues in Wichita. has spanned her long professional career. As State Insurance Commissioner from 1994-2002, Sebelius raised her political See pages 8 & 9 for complete CARA vote. Tired of pro-abortion politicians? See voteprolife.net for a complete, statewide listing of KFL-PAC endorsed candidates.

If you have any questions about our endorsements call KFL at 1-800-928-LIFE.

Get involved in campaigning for one of these candidates! Pro-life candidates need more than just your financial support, they need your hard work in the days before the election!

Summer 2008 Kansans for Life News Page 7 2008 — C.A.R.A. VOTES “FOR” = CARA VOTE - April 3rd OVERRIDE VOTE - April 30th Pro-Life Vote 25 For; 14 Against, 1 Absent 25 For; 13 Against, 1 Pass, 1 Absent 2 votes short of 27 needed to override (on both pages) Allen R 8 AGAINST AGAINST Apple R 12 FOR FOR Barnett R 17 FOR FOR Barone D 13 FOR FOR Betts Jr. D 29 AGAINST AGAINST Brownlee R 23 FOR FOR Bruce R 34 FOR FOR Brungardt R 24 AGAINST AGAINST Donovan R 27 FOR FOR Emler R 35 FOR Absent Francisco D 2 AGAINST AGAINST Gilstrap D 5 FOR FOR Goodwin D 32 AGAINST AGAINST Haley D 4 AGAINST AGAINST Hensley D 19 AGAINST AGAINST Huelskamp R 38 FOR FOR Jordan R 10 FOR FOR Journey R 26 FOR FOR Kelly D 18 AGAINST AGAINST Lee D 36 FOR FOR Lynn R 9 FOR FOR McGinn R 31 FOR FOR Morris R 39 FOR FOR Ostmeyer R 40 FOR FOR Palmer R 16 Absent FOR Petersen R 28 FOR FOR Pine R 3 FOR FOR Pyle R 1 FOR FOR Reitz R 22 AGAINST FOR Schmidt, V R 20 AGAINST AGAINST Schmidt, D R 15 FOR FOR Schodorf R 25 FOR AGAINST Steineger D 6 AGAINST AGAINST Taddiken R 21 FOR FOR Teichman R 33 Pass AGAINST Umbarger R 14 FOR FOR Vratil R 11 AGAINST AGAINST Wagle R 30 FOR FOR Wilson R 37 FOR FOR Wysong R 7 AGAINST AGAINST

NOTE: Senate President Morris acted against CARA passage in 2 key ways: 1) April 30: He allowed Senator Emler (who originally voted for CARA) to leave the Capitol, knowing the plan to call for the CARA override vote was scheduled that afternoon and the vote was tight. We had secured Reitz’ support for override—a change of heart since the CARA vote—and would have exactly 27 pro-lifer votes to override. However, during the vote, after Senators waited for Emler, Morris finally admitted he let him leave. With Emler gone, we were now one vote short, and Schodorf could change her vote and not be the sole spoiler. She did. So it turned out we ended up two votes short of a successful override, due to Morris’ lack in leadership. 2) May 7: Morris reneged on taking a vote on a version of CARA revised by the House a the last minutes to remove the objections the Governor stated in her veto message. The revised CARA easily would have passed both chambers but Morris held the revised CARA hostage to try to force passage of bills the House had rejected, and the vote was not taken.

Page 8 Kansans for Life News Summer 2008 2008 KANSAS HOUSE — FINAL C.A.R.A. VOTE State Representative Party Dist. March 18th Mah, Ann D 53 AGAINST Aurand, Clay R 109 FOR Mast, Peggy R 76 FOR Ballard, Barbara D 44 AGAINST Masterson, Ty R 99 FOR Beamer, Virginia R 118 FOR McCray-Miller, Melody D 89 AGAINST Bethell, Bob R 113 FOR McKinney, Dennis D 116 FOR Bowers, Elaine R 107 FOR McLachlan, Terry D 96 AGAINST Brown, Anthony R 38 FOR McLeland, Joe R 94 FOR Brunk, Steven R 85 FOR Menghini, Julie D 3 AGAINST Burgess, Mike R 51 FOR Merrick, Ray R 27 FOR Burroughs, Tom D 33 FOR Metsker, Ronnie R 24 FOR Carlin, Sydney D 66 AGAINST Morrison, Jim R 121 FOR Carlson, Richard R 61 FOR Morrison, Judy R 23 FOR Colloton, Pat R 28 FOR Moxley, Tom R 68 FOR Colyer, Jeff R 48 FOR Myers, Don R 82 FOR Craft, Barbara R 65 FOR Neighbor, Cindy D 18 AGAINST Crow, Marti D 41 FOR Neufeld, Melvin R 115 FOR Crum, J. David R 77 FOR Olson, Robert R 26 FOR Dahl, Donald R 70 FOR O'Neal, Michael R 104 FOR Davis, Paul D 46 AGAINST Otto, Bill R 9 FOR Dillmore, Nile D 92 AGAINST Owens, Tim R 19 FOR Donohoe, Owen R 39 FOR Palmer, Shirley D 4 FOR Faber, John R 120 FOR Patton, Joe R 54 FOR Faust-Goudeau, Oletha D 84 AGAINST Pauls, Janice D 102 FOR Feuerborn, Bill D 5 FOR Peck, Virgil R 11 FOR Flaharty,Geraldine D 98 AGAINST Peterson, Michael D 37 FOR Flora, Vaughn D 57 AGAINST Phelps, Eber D 111 FOR Frownfelter,Stan D 31 FOR Pottorff, Jo Ann R 83 AGAINST Fund, Rocky R 50 FOR Powell, Larry R 117 FOR Garcia, Delia D 103 AGAINST Powers, Ted R 81 FOR Gatewood, Doug D 1 FOR Proehl, Richard R 7 FOR George, Pat R 119 FOR Quigley, Jill R 17 AGAINST Goico, Mario R 100 FOR Rardin, Gene D 16 AGAINST Gordon, Lana R 52 AGAINST Rhoades, Marc R 72 FOR Goyle, Raj D 87 AGAINST Roth, Charles R 71 AGAINST Grange, John R 75 FOR Ruff, L. Candy D 40 FOR Grant, Robert D 2 FOR Ruiz, Louis D 32 AGAINST Hawk, Tom D 67 AGAINST Sawyer, Tom D 95 AGAINST Hayzlett, Gary R 122 FOR Schroeder, Don R 74 FOR Henderson D 35 AGAINST Schwartz, Sharon R 106 FOR Henry, Jerry D 63 FOR Shultz, Clark R 73 FOR Hill, Don R 60 AGAINST Siegfreid, Arlen R 15 FOR Hodge, Ben R 49 Absent Sloan, Tom R 45 AGAINST Holland, Tom D 10 AGAINST Spalding, Sheryl R 29 AGAINST Holmes, Carl R 125 FOR Storm, Sue D 22 AGAINST Holmes, Mitch R 114 FOR Svaty, Joshua D 108 FOR Horst, Deena R 69 FOR Swanson, Vern R 64 FOR Huebert, Steve R 90 FOR Swenson, Dale R 97 FOR Humerickhouse, Joe R 59 FOR Tafanelli, Lee R 47 FOR Huntington, Terri R 25 AGAINST Tietze, Annie D 56 AGAINST Johnson, Dan R 110 AGAINST Treaster, Mark D 101 AGAINST Kelley, Kasha R 79 FOR Trimmer, Ed D 78 AGAINST Kelsey, Dick R 93 FOR Vickrey, Jene R 6 FOR Kiegerl, S. Mike R 43 FOR Ward, Jim D 88 AGAINST King, Jeff R 12 FOR Watkins, Jason R 105 FOR Kinzer, Lance R 14 FOR Wetta, Vincent D 80 FOR Knox, Forrest R 13 FOR Whitham, Jeff R 123 FOR Kuether, Annie D 55 AGAINST Wilk, Kenny R 42 FOR Landwehr, Brenda R 91 FOR Williams, Jerry D 8 FOR Lane, Harold D 58 AGAINST Winn, Valdenia D 34 AGAINST Light, Bill R 124 FOR Wolf, Bill R 112 FOR Loganbill, Judith D 86 AGAINST Wolf, Kay R 21 AGAINST Long, Margaret D 36 FOR Worley, Ron R 30 AGAINST L u kert , St ev e D 62 FOR Y o d er, K evi n R 20 FOR

Summer 2008 Kansans for Life News Page 9 The Man Behind the Curtain the national Democratic Party. Vogue Magazine Continued from Front Page did a recent feature of the governor in designer mous for being the late-term abortion center gowns. Time Magazine for the Midwest.” named Sebelius one of If anything, Archbishop Naumann under- America’s five best gov- stated the state’s notoriety. Incredible as it ernors. The Democrats may seem, Kansas has emerged as the late- tapped her to give the Gov. Sebelius term abortion capital of the world. party’s response to the president’s most recent state of the union This is no exaggeration. Indeed, in 2007 more speech, and Barack Obama, so rumor has it, than 90 percent of the late-term abortions in may choose her as his would-be VP. Kansas were performed on women from out of state. In the past two years alone, women In his very public rebuke of Sebelius, the have come from 48 states and many points Archbishop joined a swelling grass roots cho- beyond to have abortions in Kansas. rus of those who would be silent no longer about the state’s unlikely status as abortion The state’s most efficient practitioner of this capital. This chorus includes church leaders, a dubious art, Dr. George Tiller of Wichita, variety of pro-life groups, some stalwart Re- has boasted on his website of having “more publican public officials, and more than a few experience in late abortion services with fe- unaffiliated concerned citizens. Serving as tuses over 24 choirmaster is the much- weeks than any- Watch a 10-minute video that maligned District Attor- where else in the goes along with this article at ney of Johnson County, Western Hemi- Phill Kline. sphere, more than www.cashill.com For years, the media have 60,000 since Click on “Kline v. Kansas Video” 1973.” He has also steadfastly refused to ask claimed, with some themselves—why Kan- accuracy, “I am the outpatient abortion pro- sas? The answer, as Kline has revealed, is not vider of the last resort in the , the that the state has uniquely liberal abortion Western Hemisphere and Australia.” laws, but that the state has been uniquely indif- ferent to the law’s enforcement. Therein lies The contribution of Comprehensive Health the scandal. of Planned Parenthood of Kansas & Mid- Missouri to the late-term total cannot match The abortion industry ignores the law that of Tiller’s Women’s Health Services, The story could begin in any number of but that it contributes at all may come as a places, but a likely starting place is 2002, surprise to Planned Parenthood’s supporters the year Sebelius ran for governor and Kline in the affluent Kansas ran for Attorney General. City suburb of Overland A state representative from suburban Kan- Park. Local CEO Peter sas City, Kline, then just 42, showed real Brownlie has repeatedly promise of becoming a statewide, even a said that Planned Parent- national political leader. Good looking and hood did not perform well spoken, Kline had the advantage of being any abortions past the nd a Republican in a state that gave George Bush 22 week of pregnancy, 60 percent of its vote the legal definition of both times. He had the “late-term.” Brownlie disadvantage, however, Most Kansans remain in of being unapologetically the dark about the state’s questionable celeb- pro-life in a state whose rity for the simple reason that the media reigning political estab- throughout the state, and especially in the Kan- lishment prized sas City area, have chosen not to enlighten “moderation” even above them. Thus, the scolding of Sebelius had to party affiliation. have come as a surprise to many, Catholics As a state representative included. From what they had been told, the D. A. Phill Kline five years earlier, Kline “moderate” Democrat Sebelius—there are no had helped draft legislation to check the liberals in Kansas— was the best thing to hap- state’s then thriving late-term abortion busi- pen to the state since ethanol. ness. To understand the controversy that has Indeed, the handsome 60-year-old has be- followed, it is necessary to understand the come something of a political centerfold for law and the logic behind it.

Page 10 Kansans for Life News Summer 2008 Although in Roe v. Wade the U.S. Supreme health exception. But even the then attorney Court threw out the laws of all fifty states and general, moderate Republican Carla Stovall, declared abortion a legal option everywhere, insisted that mental health problems had to the court has consistently allowed the states be “permanent and substantial” to justify a some regulatory power. After the 1992 Casey late-term abortion. decision, the legal marker for state intervention became “the viability of the fetus.” By Undaunted, Tiller made enough strategic do- “viable” the court meant that the unborn nations to enough politicians to assure that no would be able to “live outside the womb, even one enforced the law as written or even as interpreted. In fact, the number of late-term if requiring medical assistance.” abortions in Kansas actually increased in the When Kansas enacted its ban on late term three years after the restrictions were passed abortion in 1998, the existing science esti- and began to decrease only after Kline an- mated viability in the 20-24 week range, and nounced for attorney general. Kansas codified it at 22 weeks. If anything, When Kline chose to run in 2001, Tiller science has since improved the life chances of babies born at that stage. Significantly, too, the sensed trouble and responded accordingly. state’s right to regulate late-term abortions has He invested indirectly in his moderate re- publican primary opponent, and when Kline not diminished since 1998. prevailed, funneled more money still into In the interest of drafting a bill that could pass the campaign of Kline’s general election Supreme Court muster, Kansas lawmak- opponent, an obscure mid-state Democrat ers conceded to abortion supporters the possi- named Chris Biggs. Like an old world mafia bility of valid medical reasons for abortions. In don, Tiller understood that he and his busi- return, however, they demanded that practitio- ness, though tolerated, could not be em- ners validate the integrity of the decision to braced publicly. Were Biggs to receive abort in two critical ways. campaign cash from Tiller himself or his ProKanDo political action committee One was that the physician would file a (PAC), the GOP would use that information report with the Kansas Department of against Biggs. So Tiller and Democratic Health and Environment (KDHE) that operatives set up a separate PAC called would demonstrate the reason for the abor- Kansans for Democratic Leadership (KDL). tion and the basis for that determination. This was to be a report, subject to review by KDL existed for a total of 36 days. Except the Kansas Board of Healing Arts and the for a $1,000 donation from a labor union, all state attorney general. Given the life and of KDL’s $265,000 reported income came death issues involved in the determination, from ProKanDo or Tiller himself, and none no single report in the state of Kansas was of these transactions were made public until to be taken more seriously. after the election. Chairing KDL was Tom Sawyer, a Democratic state representative The second was that in the case of an abor- from Wichita and a recipient of Tiller’s tion on a viable baby, a second unaffiliated largesse. In 2002, no PAC in Kansas spent physician would have to confirm the risk to more than ProKanDo. a mother’s life or health. As written, the new law allowed for a late- See it for yourself: term abortion on a viable baby only “to All of KDL’s transactions are preserve the life of the pregnant women” or posted at www.dr-tiller.com/ to prevent her from suffering “substantial backdoorcash.htm and irreversible impairment of a major bod- ily function.” Although these exemptions Given the pro-choice bias even in Midwest are required by Roe v. Wade, pro-life groups newsrooms, most of the state’s media en- accept them because they know, as Kline dorsed the unheralded Biggs. The then- did, that in no known circumstances does a governor, moderate Republican , late-term abortion spare a woman refused to endorse Kline. The KDL- “substantial and irreversible” physical or sponsored ads heated up the airwaves in the mental impairment, let alone her life. last weeks, warning Kansans about the ex- tremist in their midst. And a badly bruised Tlller works the system Kline eked out a half-percent victory in an The new law and the reporting requirement election that should have been a landslide. should have put a major dent in the flourish- ing late-term business of Dr. Tiller and a A more opportunistic politician would have handful of others, but by this time Tiller had heeded the message from the moderate es- learned to work the system. His first step tablishment and left the abortion industry was to use his influence to finesse a mental alone, but Kline was not easily dissuaded.

Summer 2008 Kansans for Life News Page 11 Kline investigates Tiller ignores Kline Given that the numbers coming out of Although Tiller proved more cautious with Tiller’s clinic had increased since the Kline in office, an abortion that took place tougher law had been written, Kline began in May 2003 would reveal just how confi- to review the KDHE reports to see just how dent Tiller was in his ability to weather even Tiller had been able to circumvent the law. Kline’s tenure as attorney general. It would If Kline had not acted, no one would have. also show how gruesomely routine were The attorney general and the Board of Heal- Tiller’s violations of state law. ing Arts have access to these reports, and That year, as she would later testify before the Board had repeatedly given Tiller a pass. the Kansas legislature, the then 18-year-old The back of this one-page KDHE abortion Michelle Berge, now Armesto-Berge, was report asks the doctor how he verified if the pressured by her mother to abort her baby in baby was “viable”—that is, able to live out- the 26th week of her pregnancy. side the womb at the time of the abortion. “It’s murder and I will not do it,” Michelle The form then asks the doctor to check one protested, but her mother had other plans. of two boxes: one if the abortion was neces- Staff at Tiller’s clinic eased those plans sary to prevent the “patient’s death”; the along by informing Michelle of a Catholic second if it were necessary to avoid group that “believed in abortion” and prom- “substantial and irreversible impairment of a ised baptism for the aborted baby. In reality, major bodily function.” the Catholic Church considers abortion “murder” and “always morally evil,” an To date, not a single doctor in Kansas has article of faith that has so far eluded the checked the “prevent patient’s death” box. ostensibly Catholic Kathleen Sebelius. All check the “impairment” box. The next question on the form asks the “reasons for As Armesto-Berge would soon learn, Tiller determination” of death or impairment. The honored Kansas law about as faithfully as he subsequent question asks the “basis” for that proffered Catholic doctrine. Not one woman same determination. among the five with whom she was being processed, herself included, risked physical or In reviewing the KDHE reports, Kline no- mental health impairment of any sort. ticed that in the spaces provided for “reasons” and “basis” Tiller offered no The women talked among themselves dur- medical diagnosis. He simply reiterated the ing their stay in Wichita. “All were there,” wording of the law, namely “to avoid sub- Armesto-Berge testified, “because they were stantial and irreversible impairment of a told [late-term abortion] would solve their major bodily function.” problems.” These problems ranged from unre- liable boyfriends to socially ambitious parents. Given the gravity of the procedure—that is the taking of a viable baby’s life—Kline After the group watched a video on “Dr. believed that some measure of respect for Tiller’s legacy,” a nurse took Armesto- the legal process was due. There was only Berge to a private room and prepared her one way to assess the legitimacy of the for an ultrasound. When she tried to look at work behind that process, and that was to the screen, the nurse abruptly moved the subpoena the patient files. screen away. She was then taken to another room. There a female doctor inserted a large The files in question were to be found at needle twice to make sure she injected the two Kansas abortion clinics—Tiller’s unborn child, “and that,” said Armesto- Women’s Health Care Services in Wichita Berge, “is when the baby was killed.” and Comprehensive Health of Planned Par- enthood in Overland Park. Both clinics, as Only after this procedure was completed did Kline suspected, were politically wired. Armesto-Berge fill out the paperwork and Using the courts and their allies in govern- meet with a counselor, a charge proven by ment and the media, the clinics would time stamps on her medical records. She launch a fierce campaign to derail the inves- also met with a self-identified Unitarian tigation and define Kline as a religious fa- minister who consoled her with the hitherto natic, a hayseed Torquemada. unknown Christian doctrine, “You have to take care of the ones who are here, not the “It is unlawful to refuse to allow law en- ones who aren’t born.” forcement officers to inspect wildlife in possession,” reads the Kansas state law on After the initial injections Armesto-Berge fishing, a law that, as fishermen know, is underwent a variety of preparations to facili- vigorously enforced. Before his ordeal was tate the delivery of the dead baby. A late-term through, Kline would envy the enforcement abortion of this kind usually takes three-days. powers of the state’s game wardens. Like most others, Armesto-Berge spent her Page 12 Kansans for Life News Summer 2008 nights at a Wichita hotel. November 2006. On her second day, Armesto-Berge met “I pledge to you to up- casually with Tiller for hold the laws of the state the first time but only for for everyone,” Morrison a few minutes. He talked said at the time, adding to her about his own with a none too subtle teenage child and how nod to the abortion indus- presumably, “if in the try, “I will not pursue a same situation, would do narrow agenda that bene- the same thing.” fits just a few.” The next morning, While Kline waited for Armesto-Berge’s fi- the lower court to re- ancé found the hotel at lease the patient files Pedro Armesto & fiancée Michelle, that he had subpoenaed, which she was staying. “He begged me not to prior to her 2003 coerced abortion the Kansas abortion go through with the abortion,” Armesto- industry went to work Berge lamented, “and I told him it was too on Kline. Tiller invested a small fortune to late.” The fiancé was sincere in his affec- unseat him, much of it through operations tion. Despite the abortion, he later married like “Kansans for Consumer Privacy Protec- Armesto-Berge, and today the couple has tion,” an anonymous cut-out which just happened to have the same Wichita address three living children. as Tiller’s ProKanDo PAC. By the third day Armesto-Berge’s labor had proceeded to the point where she was ready ProKanDo identified voters and paid for to deliver. What follows is not for the faint phone calls. The aforementioned “consumer group” then used the information to send of heart. out six, coordinated, slick “Snoop Dog “I remember yelling at the nurse and calling Kline” mailers in the weeks before the 2006 her names and telling her I did not want to election. The mailers accused Kline of aban- be on the toilet,” Armesto-Berge recounted. doning the fight on crime in favor of “I finally birthed the baby and I distinctly “snooping into women’s private medical re- remember seeing the baby on the floor to cords.” Between his PAC and the non-profit at the left of the toilet.” Said Armesto-Berge, the same address, Tiller and allies spent $1.2 “That image haunts me daily.” million on the 2006 campaign alone. There was no follow-up care of any kind for From the beginning, the media should have the young woman. Nor did Tiller’s clinic call seen how contrived were the abortion indus- to see that there was. Only when Armesto- try’s worries about patient privacy. Tiller’s Berge obtained her medical records four years website, for instance, provided the follow- after the abortion did she learn the depths of ing caveat for prospective patients: “In con- Tiller’s deceit: he had falsely designated her nection with any fundraising, we may dis- baby “non-viable,” a status that requires a close to our fundraising staff demographic lower standard of validation. information about you (e.g. your name, ad- dress and phone number) and dates of For an abortion on a viable baby, a second health care that we provided you.” Patient doctor, one not affiliated with the abortion- information, the web site cautioned, also ist, must verify that the abortion is needed to passed through any number of insurance prevent the mother’s death or impairment. companies and third party payers. Armesto-Berge’s husband believes that if his baby had been properly identified as When Mary Kay Culp, the head of Kansans viable, and a second doctor sought, he might for Life, made the media aware of Tiller’s have had time to reach Michelle early willingness to share patient data with fund- enough to save their baby. raisers—including the date of the “health care”—Tiller’s clinic immediately removed The Industry finds a savior the notice from its web site. For most of the To complement its legal and media strate- state’s media, this was just as well. They gies, the abortion industry contributed to a preferred to run with the Snoop Dog mes- political strategy as well. In October 2005, sage. The Kansas City Star’s support for after some serious backstage engineering by “reproductive justice” in the battle against Sebelius and her cronies, popular Johnson the “anti-choice extremist” Kline was so County District Attorney Paul Morrison, a passionate, in fact, that Planned Parenthood moderate Republican, announced that he honored the Star with the “Maggie,” its top would switch parties to run against Kline in national prize for editorial writing.

Summer 2008 Kansans for Life News Page 13 Two former moderate Republican attorneys Lokeman’s indictment all the more worri- general, Bob Stephan and Carla Stovall, some was that she was married to the Star’s endorsed Morrison, as did former state GOP then editor and now publisher and president, chairman Dennis Jones. Former Republican Mark Zieman. state chairman, , signed on to co-chair Morrison’s campaign and later Morrison calls Tiller charges formally switched parties to run as Se- “ridiculous” belius’s lieutenant governor. Despite the crushing indictment of the media, Kline refused to roll over. Just before he left Tiller dollars flowed to the Democratic office as attorney general, after years of legal Party, and campaign dollars flowed from struggle, he had managed to secure the re- the Democrats and moderate Republicans to dacted records of Tiller’s clinic in Wichita and Morrison. This gave him a two-to-one edge Planned Parenthood’s in Johnson County. over the incumbent Kline in real dollar sup- port, above and beyond Tiller’s indirect aid While late-term abortion law demands that and the full-throated support of the media. impairment to the mother be serious and irreversible, Kline saw that Tiller’s files GOP picks principle over progress were full of dubious diagnoses like “single Morrison won the 2006 election handily. episode, major depression” and “adjustment When he made his acceptance speech on disorder” that seemed to be neither. He election night, he drew great cheers in promptly filed 30 counts against Dr. George claiming his as “a victory for Kansans who Tiller’s Wichita clinic for performing illegal want to make sure their most private per- late-term abortions. sonal records are kept private.” Snoop Dog Kline had been effectively muzzled—or so With the media wind the moderate establishment presumed. filling his sails, Tiller confidently appealed to On December 11, 2006, much to the estab- his political allies. One lishment’s professed horror, the largely con- of them, Sedgwick servative Republican precinct captains of County District Attorney Johnson County ignored the appeals of their Nola Foulston, found a moderate brethren and voted for the now friendly judge to dismiss widely scorned Kline to fill the remaining two the charges against Tiller years of Morrison’s term as district attorney. D.A. Foulston on jurisdictional “The Johnson County Republican Party just grounds. The case thumbed its nose at voters by installing out- was appealed to the going Attorney General Phill Kline as the Kansas Supreme Court, county’s new district attorney,” wailed The but when Morrison Wichita Eagle. settled in as attorney general, he asked that “Phill Kline and his supporters have shown the appeal be dropped. a stunning disregard for voter sentiment in He did not meet much Johnson County. They have a lot of gall,” resistance. In Kansas, it thundered The Kansas City Star. should be noted, all A.G. Morrison When one editorial writer at the Star accu- Supreme Court judges rately attempted to explain how the precinct are appointed by the captains “put principle over politics” in choos- governor in a process that gives undue ing the badly scarred Kline, the Star’s editors power to the state’s legal bar, a creature of changed the headline to the tellingly muddled, the moderate establishment. “GOP picks principle over progress.” To be sure, Morrison promised to examine At year’s end, Star columnist Rhonda Chriss the Tiller medical records that Kline had Lokeman summed up her paper’s Orwellian successfully subpoenaed “inside out, back- take on the issue at hand by awarding its fanci- wards and forwards, and under a neutron ful 2006 “Kill and Be Killed Award” not to microscope.” But no one, his friends in- Tiller or Morrison, but to Kline. cluded, much believed Morrison. “Theocrat Kline is obsessed with George Sebelius accepts wrong red T-shirt Tiller, who performs abortions in Kansas,” To encourage lawmakers to get Morrison Lokeman elaborated. Kline, of course, moving, pro-lifers rallied in Topeka at the showed no inclination to theocracy, and to Capitol, wearing red T-shirts that read on describe Tiller as “someone who performs the front, “Charge Tiller—It’s the Law.” On abortions” was like describing Tiger Woods the back of the shirts were two appropriate as “someone who plays golf.” What made quotes separated by 1900 years. The first from

Page 14 Kansans for Life News Summer 2008 Rose fully misunderstood the law, which was never the issue. The issue was its enforcement. And this is where those pesky medical records came into play. Under Kansas law, as men- tioned, the records have to show evidence that a woman carrying a viable unborn child could be saved from death or “substantial and irre- versible impairment of a major bodily func- tion” only through abortion. Rose claimed that Morrison had reviewed the subpoenaed files in question and found many of the charges “ridiculous.” That much said, Rose had “a strong hunch” that Morrison would file a few misdemeanor charges “pertaining to the lack of notifica- tion to the state,” suggest a modest fine, and Sebelius points to Tiller, her benefactor. call off Kline’s “witch hunt.” Photo courtesy Operation Rescue Dr. McHugh comes to Kansas Gaius Petronius read, “What power has law Rose obviously did not anticipate the appear- where only money rules” and the second from ance in Kansas of Dr. Paul McHugh. Before Martin Luther King Jr., “Injustice Anywhere is leaving office, Kline had contracted with the a Threat to Justice Everywhere.” impeccably credentialed Harvard-trained These T-shirts and the rally itself held little psychiatrist. He was to review the Tiller files interest for Governor Sebelius. A few weeks to see if they honored Kansas law from a psy- after the rally, on April 9, 2007, Sebelius chiatric perspective since very nearly all the evaded Morrison’s neutron microscope and files claimed a mental health exemption. honored the troubled doctor and his staff at Anticipating Morrison’s end game, pro-life an elegant but extremely discreet dinner at forces brought McHugh to Kansas City in Cedar Crest, the governor’s Mansion. At the June 2007 to share his insights. event, the governor accepted a red T-shirt To this point, Morrison had showed no interest from Tiller himself but with a much differ- in McHugh or his findings. Despite McHugh’s ent message: “Trifecta 2006: Sebelius, Park- role as chief medical witness on the Tiller inson, Morrison.” In a wonderfully revealing case, no one from his Morrison’s staff had photo, Sebelius points at Tiller as if to ac- bothered to ask his opinion during the five knowledge his contribution to that victory. months Morrison had been in office. Tiller’s generosity was apparently not in Morrison took much vain. A month later, in May 2007, Morrison more interest in the good leaked his exit strategy in the Tiller affair doctor when McHugh through an influential media supporter, came to town. In fact, he Steve Rose of The Johnson County Sun. sent several staffers to a In its casual acceptance of the unthinkable, planned McHugh press the Rose column on the Sun front page calls conference in suburban to mind Hannah Arendt’s famous phrase, Kansas City. They were Dr. McHugh “the banality of evil.” Rose acknowledged there to confront Tiller’s boast that he had more experience in McHugh and deliver a late abortion services than anyone in the menacing letter demanding that he “cease and Western Hemisphere. desist from all public comment” about his work. Rose then assured the “confused” reader that The letter was a bluff, and it was too late in Tiller did not practice partial birth abortions any case. In an earlier taped interview, now but rather the presumably more benign on YouTube, the gentle, grandfatherly psy- “late-term viable abortion.” In this proce- chiatrist dispassionately showed just what a dure, the good doctor solved the apparent sham the whole Tiller enterprise was. When viability problem, said Rose soothingly, by asked whether he had seen any one patient “taking apart the fetus inside the uterus and file that justified a late-term abortion on the removing pieces through the dilated cervix.” basis of major or irreversible psychiatric damage, McHugh unequivocally responded, “Unless the Kansas Legislature changes its “I saw no patient file that justified abortion law,” Rose continued, “Dr. Tiller can continue on that basis.” that procedure every day of the week, as well as other late-term abortion techniques.” What McHugh did see were insubstantial,

Summer 2008 Kansans for Life News Page 15 poorly documented evaluations of disheart- thing. And so he noted that the two doctors ened young women whose stated reasons sanctioning the abortions—Tiller himself for wanting an abortion were as trivial as and a Dr. Kristin Neuhaus—were, in fact, hoping to see a rock concert or missing a affiliated, and this relationship “thwarts the prom. He was confident too that “100 per- letter of that statute.” cent” of his fellow psychiatrists would agree that none of these cases showed any sign of The thwarting was much more serious than Morrison let on. The law mandated that the irreversible damage. seconding physician not to be legally or As to the “single episode, major depression” financially affiliated with the first. It was and “adjustment disorder” that Tiller claimed written specifically to protect the unborn for his patients in their files, McHugh could against the kind of indiscriminate rubber find no evidence of either. McHugh insisted stamping Neuhaus had been doing for years. that a serious biographical history should have been performed on every young woman, espe- Neuhaus was a piece of work. A former abortionist, and daughter of a politically cially “if you are going to take a life on the active Democrat lawyer in Wichita, she had basis of a psychiatric exam.” twice been cited by the Kansas Medical “I had to ask myself,” said McHugh of Board of Healing Arts as a danger to the Tiller’s clinic. “is any person ever found to public. One former patient even accused her be not appropriate on psychological grounds of proceeding with an abortion after the for an abortion?” women had withdrawn her consent. For several years Neuhaus had been using a Morrison feints P.O. Box as her office address. Two weeks after McHugh came to town, following nearly six months of dithering on Morrison seemed to be following the game the charges against Tiller, Morrison chose plan leaked to the Sun’s Steve Rose a few Thursday afternoon, June 28, to announce weeks earlier: file a few misdemeanor their disposition. charges, suggest a modest fine, and call the “witch hunt” off. The Star bought the strat- This was a classic news dump. That morn- egy. “Doctors must scrupulously follow the ing the immigration bill had died in the U.S. law,” its editorialists comically opined. Senate and sucked all the air out of the con- They praised Morrison’s “honesty and re- servative media. Morrison dropped his an- spect for the law” and heaped even more nouncement into the vacuum. His press scorn on Kline given the “disturbing details” conference was stunningly ugly and disin- Morrison revealed about his work. genuous. He spent the greater part of it pro- moting his own record and attacking Kline But Tiller did not get to be a stone cold abor- for a wide variety of offenses, all of them tionist in a deep red state by being stupid. either imagined or irrelevant. Both and he and Neuhaus promptly denied a financial affiliation. Apparently, the wily Tiller Morrison noted how “ironic” it was that did not pay Neuhaus for her opinion. The Kline did not file charges until the end of his patients did directly and at his facility. term, “all the while knowing that I [Morrison] would have to deal with that.” “I think [Morrison] is making a strained As Morrison knew, however, it was not interpretation of the law,” said Neuhaus’s Kline who had ginned up the irony, but attorney. And while the dickered Tiller and his allies. They had fought for anew, Tiller continued to mock Kansas law years to keep the medical records away by aborting perfectly healthy, viable babies from prying eyes, and the state’s Supreme for reasons no more serious than a teen- Court largely obliged them. ager’s dismay about missing her prom. As Morrison surely suspected, Tiller had Kline investigates Planned Parenthood much to hide. But the way Morrison inter- Kline had begun his investigation of preted the relevant statute, it did not matter Planned Parenthood’s abortion clinic, Com- whether a woman had a legally justifiable prehensive Health, in 2003 under the super- need for an abortion as long as two unaffili- vision of Shawnee County District Judge ated doctors were willing to say that she did, Richard Anderson. After exhausting a full even if their diagnoses were incomplete or spectrum of delaying tactics, Planned Par- transparently false. This finessing of the law enthood finally turned over 29 incomplete allowed Morrison to showily dismiss all of patient files to Anderson in June 2006. It the charges Kline had brought and ridicule was not until October 2006, a month before Kline for bringing them. his defeat in his re-election bid, that Kline finally took possession of the files. Lest he be accused of a total whitewash, Morrison had to charge Tiller with some- When he received the relevant patient files Page 16 Kansans for Life News Summer 2008 from Planned Parenthood, as well as those have been made public. In these, Planned from Tiller’s clinic, Anderson commis- Parenthood staff routinely note, “No reason- sioned special counsel Stephen Cavanaugh able probability at this gestational age.” This to make sure each one of them was properly fatal presumption flies in the face of the scrubbed of identifying information. state law, which demands that the physician exercise “care, skill, and proficiency” in This Cavanaugh and two reviewing physicians determining viability once the unborn baby took pains to do. Cavanaugh made this clear in is beyond 22 weeks. a hearing on October 24, 2006, at which he testified that he had person- Anderson promptly au- ally reviewed all of the files thorized a subpoena for the from both Tiller’s clinic KDHE reports. Planned and Planned Parenthood’s. Parenthood complied, or at least seemed to. For sev- “I was confident that all eral months all seemed identifiers had been prop- well for Planned Parent- erly redacted and the pri- hood, but the surprise elec- vacy of the female pa- tion of Kline as Johnson tients was protected,” County DA had to have Cavanaugh would later unnerved them. They must affirm. Had local journal- have known that Kline ists not so willfully would soon discover still PP’s Overland Park abortion facility blinded themselves, they another problem with the would have seen through reports, this one even more damaging. the “privacy” smokescreen right from the beginning. Kline charges Planned Parenthood In his review of the Planned Parenthood With Judge Anderson’s expressed permis- files, Cavanaugh turned up a problem he did sion, Kline took copies of the Planned Par- not expect but that Planned Parenthood enthood records with him when he returned likely feared would be discovered all along: to Johnson County in January 2007. When very few of the individual late-term abortion he had settled in a few months later and files contained a “determination of viability.” began to review the KDHE reports, he im- mediately spotted the problem and alerted As required by Kansas law, the abortion Anderson to the same: the reports submitted doctor must determine the gestational age of by Planned Parenthood that were supposed the unborn baby and, if more than 22 weeks, to be copies of the KDHE originals did not the baby’s viability. The originals of these match the originals. reports are sent to the Kansas Department of Health and Environment (KDHE), but by Troubled by what he saw, and knowing that law a copy must be kept in each patient file. the two prosecutors were at odds, Anderson wanted an unbiased opinion. So he quietly This is critical. Viable babies beyond 22 shared the reports with a document expert weeks cannot be aborted in Kansas without from the Topeka Police Department. As documentation of severe risk to the mother. Anderson later testified in open court, the In the 26 patient files that Cavanaugh cited expert concurred with his suspicions that the there was no record of non-viability or ma- reports “didn’t match up,” that they, in fact, ternal risk despite the fact that the unborn appeared to have been counterfeited. babies had passed the 22-week mark. “It was visually obvious that some docu- In an August 14, 2006 letter to Cavanaugh, ments had been manufactured,” Kline the attorneys for Planned Parenthood replied would relate to the Supreme Court. Ander- that its non-viability reports for unborn ba- son would tell the same court, “Somebody bies beyond 22 weeks were kept in a may have committed a felony in an attempt “separate secure file.” This was an interest- to cover up a misdemeanor.” ing admission in that local CEO Peter Brownlie, as mentioned, had all along been In Topeka, meanwhile, Attorney General insisting that Planned Parenthood did not Paul Morrison launched a two-week review perform any late-term abortions. of the Planned Parenthood patient files. In the course of this review, April 10, 2007 to The attorneys made another curious admis- be precise, Judge Anderson told the assis- sion in this letter. If the gestational age were tant AG representing Morrison, “There is less than 24 weeks, they write, “The fetus is evidence of crimes in those records that determined to be not viable.” This admis- need to be evaluated.” sion is substantiated in those KDHE reports for the unborn in the 22-24 week range that The judge’s concern did not seem to im-

Summer 2008 Kansans for Life News Page 17 press Morrison, who was giving all the ap- neys, Pedro Irigonegaray, showed up unan- pearance of working hand-in-rubber glove nounced in Anderson’s office a few days with the abortion industry. In April 2007, he later. Irigonegaray demanded the patient made an oral motion ordering Kline to hand files, but Anderson, as he would later tes- the evidence back to the potential criminal tify, was not about to hand them over. defendant, Planned Parenthood. Kline re- fused to give the files up. “These records do not match,” Anderson told Irigonegaray. The Planned Parenthood A few weeks after Morrison’s order to Kline, attorney continued to demand them, chiding in May 2007, Planned Parenthood held a gala Anderson as “unpredictable.” Anderson was fundraiser in Kansas City, Missouri’s historic stunned by Irigonegaray’s demeanor. He jazz district. The two featured guests were had known the Planned Parenthood attorney Planned Parenthood’s national president Ce- for twenty-five years. “Look at these re- cile Richards and Governor Kathleen Sebelius, cords,” Anderson told him. “There is a whose birthday was the rationale for the party. problem here.” By the end of the evening, according to the Unmoved by Anderson’s concerns, Morri- local Planned Parenthood newsletter, son filed a suit with the Supreme Court “Hundreds of PPKM supporters were danc- against the judge and joined Planned Parent- ing in a conga line around the concert hall.” hood’s suit against Kline. Leading the “dancing pack” was Peter Brownlie, the local CEO whose abortion Kline fully understood the reason for Planned clinic was at the center of a deadly serious Parenthood’s anxiety, and he quickly took the criminal investigation. The Planned Parent- offensive. In October 2007, Kline presented hood crowd “sure knows how to have fun!” his evidence to District Court Judge James enthused the newsletter reporter. Vano, who found “probable cause” of crimes A few weeks after the party, Planned Par- having been committed and allowed the case enthood secretly made an appeal to the Su- to proceed. On October 17, Kline promptly preme Court. On June 7, its attorneys de- filed 107 counts, 23 of them felonies, against manded that the patient files be returned and Planned Parenthood’s abortion clinic, Com- that Kline be held in contempt. In a rare and prehensive Health. inexplicable move, the Supreme Court The abortion industry and its shills cried foul. agreed to seal this case. Ashley Anstaett, Morrison’s spokeswoman, “It’s unusual for the target of a criminal inves- told The Associated Press that Attorney Gen- tigation in Kansas to sue the prosecutor,” the eral Morrison had already reviewed Kline’s Star would later report with some wonder. The accusations and found no wrongdoing. “We suit would eventually cost Kline at least are skeptical that these charges have any merit, $140,000 in legal fees, which the state is still and we continue to wonder how much politics refusing to cover. influenced Mr. Kline’s decision to file these charges,” Anstaett said. Later in the month of June, Morrison showily “cleared” Planned Judge Anderson was Parenthood of all proving no easier to wrongdoing with intimidate than Kline. much applause from That same month, Oc- the media and the tober 2007, he re- abortion industry. As sponded to Morrison’s Morrison was coming petition that he return to understand, how- the original medical ever, he was fighting a records both to Tiller’s two front war. Ander- clinic and Planned Par- son still held copies of enthood respectively. the patient files from Planned Parenthood, Kline speaks with the media following Returning this evi- and he wasn’t giving state Supreme Court oral arguments dence, Anderson told them up either. On (photo courtesy Operation Rescue). the Supreme Court, July 9, 2007, Morri- “would unacceptably son filed a motion for Anderson to return the increase the risk that the evidence could be files to Planned Parenthood despite Morrison’s lost, destroyed or compromised while active awareness that the viability reports were, to investigations and prosecutions are on-going.” say the least, suspect. “It is difficult to understand,” Anderson Morrison’s office tipped off Planned Parent- added emphatically, “how this would bene- hood about the motion, and one of its attor- fit the citizens of the state of Kansas.” Page 18 Kansans for Life News Summer 2008 The legislature weighs in Kansans for Life and its years of “bird- In August and September of 2007, con- dogging” the Board on the abortion issue. cerned by what Kline was discovering, a special joint version of the Federal and State The worm turns Affairs Committee of the Kansas legislature Despite the resistance from Kline and held hearings on post-viability and late-term Anderson, and the growing restlessness of the legislature, Paul Morrison had every abortions in Kansas. reason to feel confident in the fall of 2007. It was here that Michelle Armesto-Berge He had so charmed the media that he could offered her compelling testimony. Tiller not have been faulted for imagining himself employee, Julie Burkhart, countered by the next governor of Kansas. showing a video interview of two very sin- cere couples, whose unborn babies had been The governor was in good spirits herself. That diagnosed with fatal fetal anomalies. They December Vogue sent a team of stylists and turned to Dr. Tiller and on the video ex- photographers to shoot Sebelius in the Capitol building. “A truly memorable experience,” she pressed their appreciation for his services. wrote in an email to sup- Although dramatic, the video porters, “beautiful clothes spoke to the shell game the Although dramatic, right off the runway, lots of abortion cabal had long been the video spoke to the folks to fuss with hair and playing with the people not shell game the abortion makeup.” The governor just of Kansas but of Amer- was particularly keen on ica: talking about one reality cabal had long been the de la Renta. to distract from another. In playing with the people this case, the Tiller surrogate not just of Kansas While Sebelius was pre- paring for her photo used the abortions of two but of America: non-viable babies— shoot, Kline was bracing something legal in Kansas— talking about one reality himself for a highly un- to distract from the agenda of to distract from another. usual, five-day grilling on the hearings, namely illegal, his handling of the post-22 week abortions performed on viable, Planned Parenthood case. If the Kansas unborn babies. To repeat, a “viable” unborn Supreme Court had scheduled this hearing child is one capable of living outside the for some reason other than to embarrass womb at the time of the abortion. Kline, it was not obvious. The hearing also revealed the indifferent job Although the high court had allowed the the Kansas Board of Healing Arts had done case against Planned Parenthood to con- in policing the industry. The Board has ap- tinue, news of the secret hearing, once parently never looked at the KDHE reports leaked, reinforced the image of Kline as a to which only its members and the attorney wayward zealot. When Kline asked Morri- general have routine access. Historically, the son for special counsel to represent him at Board has responded only to the rare formal the mini-trial, given the obvious conflict of complaint and then hesitantly. The hesitance interest with the AG’s office, Morrison de- is not hard to understand. Among the nied him. Kline was on his own. Board’s more recent Sebelius appointees is More trouble loomed for Kline from the a woman who sits on the citizen advisory media, specifically KCTV 5, the CBS affili- board of the Planned Parenthood under in- ate in suburban Kansas City. The station vestigation by Kline. took its lead from the Kansas City Star and As for the KDHE, its representatives testi- went after the severely bloodied Kline as fied that they didn’t think it was their job to mindlessly as a shark. The KCTV-5 staff judge what doctors wrote on their abortion spent nine months tracking Kline and reports. They did, however, deny allegations waited for sweeps week in late November made by Tiller and Morrison, who claimed 2007 to share its much-anticipated findings. the KDHE had approved Tiller’s habit of Except that there was nothing to share. declining to give the reason and basis for Okay, although Kline did have a performing abortions on viable babies. “residence” in Johnson County, where he In the way of poetic justice, the Kansas spent several nights a week, he and his wife House and Senate held a later hearing on an kept a home 40 minutes away in Topeka, unrelated case and so scolded the Board of the state capital, so their daughter did not Healing Arts that its executive director and have to switch high schools. Kline freely lead counsel felt compelled to resign. In a admitted as much. And that was about it. rare moment of media candor, the Associ- Kline had only a year left as DA, and at the ated Press attributed the result in part to time he was not planning on running again.

Summer 2008 Kansans for Life News Page 19 To get this information KCTV-5 crews On January 31, 2008 stalked Kline, his family and his neighbors Paul Morrison offi- for months. The hidden-camera video of cially stepped down, Kline’s wife picking up the couple’s daugh- and , son ter from school unnerved just about every- of former Kansas Su- one who saw it. Even the dependably anti- preme Court Justice Kline alternative newspaper, the Pitch, Fred Six, was sworn called the KCTV-5 presentation “creepy.” in as attorney general. So creepy and pointless was the series, in Sebelius had ap- fact, that ordinary citizens began to sense pointed the 42 year- A.G. Six the depth of the media bias against Kline old Democrat to a and what he represented. judgeship three years prior to handing him the AG’s job. No matter how much he had As it turned out, the stalking time could been told, Six could not have known how have been more profitably spent on Morri- explosive a minefield he was about to enter. son. The Topeka Capital-Journal soon re- vealed that the attorney general had been State tries to silence Judge Anderson carrying on a two-year affair with a subordi- On the morning of April 3, 2008, Kline nate, who was now claiming sexual harass- issued a follow-up subpoena to Judge ment. The affair had begun a month before Anderson. The subpoena ordered Anderson Morrison had launched his campaign for to testify at a preliminary hearing in the attorney general with a photo spread of the Planned Parenthood criminal case and to happy Morrison family in front of the produce certain relevant documents. These Catholic Church they attended. included a series of letters and other papers regarding KDHE reports that had, according That was just the half of it. The woman, to Judge Anderson, been improperly altered Linda Carter, remained in the employ of the or manufactured. Johnson County District Attorney’s office after Kline had taken over Morrison’s job. Later that day, Judge Anderson filed with the Carter claimed that Morrison had used the state Supreme Court informing the court of the affair to coerce her into securing sensitive subpoena and of the obligation he felt to com- information about Kline’s investigation into ply with it. Time stamps on the records in Planned Parenthood. question show that five minutes after Ander- son responded, Deputy Attorney General Mi- Although conceding the affair, Morrison chael Leitch, acting on behalf of Attorney denied the allegation of coercion, but no one General Six, filed a request for a “protective much believed him about anything any- order” for the patient files in question. more. To stem the bleeding, Sebelius and friends leaned on Morrison to resign, and “Now the documents appear to be on the this he grudgingly agreed to do. move again, threatening this court’s juris- diction,” wrote the deputy AG. The follow- The following month, January 2008, the mod- ing day, the high court ordered Anderson erate establishment took another blow. Judge “not to appear as commanded” by Kline's Anderson testified in an open Johnson County subpoena and not to share the relevant re- courtroom that Kline did, in fact, have prob- cords with Kline. Until the court unsealed able cause to believe that Planned Parenthood these documents a month later, Kline was had fabricated its records. unaware of these details. On paper Kline’s charges against Planned This would not be the only time Kline Parenthood may have sounded merely tech- would be denied critical evidence by the nical: making a false writing, failure to state. On April 28, District Judge Stephen maintain records, failure to determine vi- Tatum told KDHE that it would not have to ability, but after Anderson’s testimony, honor a records request from Kline in his these charges began to take on life. case against Planned Parenthood. Despite Planned Parenthood’s repeated pub- Abortion industry fights grand juries lic claims that its clinic did not perform any Kansas is one of only six states that allows its abortions past the 22nd week of pregnancy, citizens to petition to form grand juries. The this preliminary hearing suggested that they seeming complicity of Attorney General Mor- had done so in at least 23 different cases in rison and other abortion industry beneficiaries one year. More troubling, the records Kline with the clinics suggests why this law can be had subpoenaed showed that these late-term useful. In both Wichita and Johnson County, abortions had been performed without any citizen groups took advantage of the law to documentation of either non-viability or petition for grand juries to investigate Tiller maternal harm. and Planned Parenthood respectively. Page 20 Kansans for Life News Summer 2008 In both venues, the abortion industry and its layed the Wichita grand jury in its attempt allies did everything within their power to to review the redacted records. derail the grand juries. In February 2008, Kline went to court to insist that the Johnson County The high court cited the concerns of Attor- grand jury get the redacted records it had sub- ney General Six over the red herring of poenaed. Planned Parenthood resisted fiercely “patient privacy.” The Wichita Eagle na- ively described Six’s concern as “similar to and anxiously, on privacy grounds. the issues raised by lawyers for Wichita The privacy claim would carry more weight abortion provider George Tiller.” if Planned Parenthood, like Tiller’s clinic, did not solicit patient data for fundraising Delay has been an essential part of the legal purposes and had it not been cited in a 2002 strategy in both Johnson County and Wich- inspection by the KDHE for being sloppy in ita. In Johnson County the end game pivots the handling of patient files. In addition, of on January 2009, the expiration of Kline’s course, the court had assured Planned Par- term. In Sedgwick County, lawyers were running out the clock on the dwindling enthood at the very beginning of the legal weeks left in a 3-month extension to the process that patient privacy was not at risk. original 3-month term of the Tiller grand Observers were struck by jury (and eventually succeeded). the fact that throughout the hearing District Judge In May 2008, however, the Kansas Supreme Kevin Moriarty dealt with Court unsealed its records—in itself a huge Planned Parenthood as victory, though they never should have been though it were not the de- sealed in the first place. And in two separate fendant in a deadly serious rulings offered hope that the rule of law may criminal matter but the not be dead yet in the Sunflower State. In aggrieved party in “a the first case, the court ruled that Kline, as Moriarty feud,” as the Topeka Capi- Attorney General, had proper legal authority to keep possession of the Planned Parent- tal-Journal artlessly described the contest. hood patient files that he had subpoenaed as Instead of ruling on the validity of the sub- attorney general when he became district poena, Moriarty volunteered to create a attorney of Johnson County. spreadsheet—with Planned Parenthood’s help—that would somehow provide the During the transition from attorney general information the grand jury requested. A to district attorney, Kline was sufficiently frustrated grand jury, selected from a jury wary of sabotage from remaining Morrison pool deeply poisoned by the one-sided me- staff that he kept the patient files in a secure dia coverage and running out of time, ulti- location outside of the office, a fact that his mately declined to press charges. critics would later make much ado about. In Wichita meanwhile, a grand jury, author- Judge David King, who reviewed the transi- ized by citizen petition, interviewed wit- tion at the request of the Supreme Court, nesses and subpoenaed records. True to consistently rejected the claims of the attor- form, Dr. Tiller’s lawyers petitioned the ney general’s office that Kline had been Supreme Court to quash the subpoenas, if reckless with the patient files (however un- not shut the grand jury down altogether. For orthodox the chain of custody) or indiscreet their part the Sedgwick County grand jury with the information that they contained. judges and prosecutor turned in persuasive King was struck, however, by the willing- ness of the AG’s office to come to conclu- briefs arguing strongly for the right of grand sions about Kline “based on suspicion and jurors to the records they had requested. assumption that are not supported by facts.” Incredibly, Attorney General Six sided with Tiller’s attorneys against the grand jury. In the process of acknowledging legitimacy This was all part of a pattern for the new of Kline’s custody, the Supreme Court re- AG. In Johnson County, it was at his re- jected the supposed “clearance letter” from quest that KDHE had joined forces with former Attorney General Paul Morrison that Planned Parenthood and refused to supply Planned Parenthood had been waving like a Kline with relevant records. pennant for the past year. In the second case, the court ruled that the Supreme Court weighs in grand jury process was constitutional. It thus In February 2008, The Kansas Supreme declined to quash the subpoenas and granted Court gladdened the hearts of the abortion the Sedgwick County grand jury access to industry and the local media when it agreed abortion records in its investigation of Tiller. to consider Tiller’s request to quash the grand jury subpoenas. This, of course, de- The court did, however, rule that the judge

Summer 2008 Kansans for Life News Page 21 could choose a lawyer and doctor to oversee ernor’s actions and advocacy for legalized the redaction of identifying information in abortion, throughout her public career, even the subpoenaed files. This ruling only en- more painful for me,” added Naumann, “is couraged stalling tactics, given the limited that she is Catholic.” term of the grand jury. The ruling also sug- gested that abortion records must be treated Like many Catholic politicians, Morrison differently than other medical records rou- included, Sebelius had been successfully exploiting her faith to secure the votes of tinely subpoenaed in court actions. her co-religionists. At the end of her first More problematically, the court refused to campaign for Governor in October 2002, for allow Judge Anderson to testify in the Planned instance, Sebelius had sent a mass mailing Parenthood case, a ruling that is being chal- to dispel allegedly “false” accusations about lenged by Kline as this article goes to press. her position on abortion. Bishop admonishes governor “I am not pro-abortion. I will not, and never Embarrassed by the abortion industry’s in- have, promoted abortion,” she claimed in difference to the state’s abortion laws, the her letter. “I feel about abortion just like you Kansas House and Senate took action in its do…” spring 2008 session. The result was the The “never” claim rang false to those who Comprehensive Abortion Reform (CARA), have followed Sebelius’s career. During her passed by significant majorities in both work on the Gary Hart campaign in 1984, houses. Ironically but predictably, just for instance, she proudly hung a button weeks after proclaiming April “Child Abuse above her desk that read “Women's Inde- Prevention Month,” Governor Sebelius ve- pendence Day! January 22, 1973.” If cele- toed the CARA bill. brating Roe v. Wade is not promoting abor- In her veto message, Sebelius wrote, “I am tion, one was entitled to ask, what is? concerned that the bill is likely unconstitu- In 1989, reacting to a court decision on the tional or even worse, endangers the lives of murder of a woman and her unborn child of women.” Lance Kinzer, the state representa- eight months, state representative Sebelius tive who introduced the bill, accurately dis- publicly argued against extending victim status missed Sebelius’ veto rationale as an to the child. “There are certain inalienable “illegitimate, made-up excuse.” rights established for a person,” she said If anything, Kinzer went easy on Sebelius. coldly, “but those are not applied in utero.” After ten years of reporting, and more than With her first statewide run in 1994, this time 5,000 reported late-term abortions, no doc- for state insurance commissioner, Sebelius tor in the state of Kansas has claimed to took money directly from Dr. Tiller and his have performed a late-term abortion to save various organizations. a woman’s life. To re- Her run for governor in peat, that is none, ever. After ten years of reporting, 2002, however, called for Sebelius also argued that and more than 5,000 reported more discretion, espe- the bill would have re- late-term abortions, no doctor cially given her professed sulted in “extensive in the state of Kansas has lack of enthusiasm for litigation” and violated claimed to have performed a abortion. late-term abortion to save a the privacy of women. These circumstances In that she has been well woman’s life. likely account for the supported by the state’s $100,000 mid-campaign trial lawyers, the fear of litigation rings as donation by Tiller’s Women’s Health clinic false as the much abused privacy gambit. to the Democratic Governor’s Association. Her defense of the CARA veto was one Although this was Tiller’s only known con- stretch of public dissembling too much for tribution to that association, before or since, Archbishop Joseph Naumann. “Evidently, it would not have been the first time he dis- the Governor does not creetly finessed a contribution through De- approve of legislators mocrat PACS to reach its target. devoting energy to pro- “There is substantial evidence,” columnist tecting children and Robert Novak recently charged, “[Sebelius] women by making it has been involved in laundering abortion possible to enforce ex- industry money for distribution to Kansas isting Kansas laws regu- Democrats.” Such is the ethical jujitsu lating late-term abor- that abortion supporters have long prac- tions,” said Naumann. ticed to secure power in a deep red state Abp. Naumann “What makes the Gov- like Kansas. Page 22 Kansans for Life News Summer 2008 Kline decides to run for full term Planned Parenthood has to be worried. In In assuming the role of attorney general in the time between Six’s seeming acquies- early 2008, Stephen Six likely knew of the cence to Kline and his backing of Planned collaboration between the attorney general’s Parenthood before the Supreme Court on office under Paul Morrison and the Kansas June 12, Kline announced that he would run abortion industry, but he may not have ap- for a full four-year term as District Attorney. preciated the depth of it. If Kline is elected, Planned Parenthood can no longer hope to run out his clock. If he believed what he read in the newspapers, Six would have thought Kline a single-issue There was an air of desperation in the plead- fanatic from “the Taliban wing of the Kansas ings against Kline on June 12. Deputy At- GOP,” one who needed to be watched and torney General Michael Leitch, representing constrained. Undoubtedly, Morrison and Se- Six, went so far as to argue that when Kline belius would have reinforced this message. transferred the files from his office as AG to his office as DA it was as inappropriate as Initially, at least, Six did as expected. He moving the furniture and the wall hangings. tried to suppress the Wichita grand jury, to “It wasn’t a transfer, it was a taking,” Leitch keep the KDHE reports out of Kline’s told the judges. hands, and to prevent Judge Anderson from testifying in the Planned Parenthood case. Attorney , representing Kline, When the Supreme Court unsealed its case argued in turn that Kline, with the express records, however, Six had to have seen what permission of Judge Anderson, exercised an unholy can of worms he had inherited. his discretion as Attorney General to trans- Six might also have begun to wonder what fer the evidence, which transfers are covered his own liability would be were these par- by no law. ticular worms ever exposed to light. Stegall reminded the justices that it was they In late May, 2008, Kline made a pair of who appointed Anderson to be the custodian motions to the Supreme Court whose net of the files in question. It was in this role effect would be to allow Anderson to testify. that Anderson kept insisting the state needed Six responded in a way that stunned almost the evidence given that Planned Parenthood everyone, Kline abortion records “didn’t match up.” included. Stegall questioned too After more than a why this case was being year of prevarication heard in the Supreme from the attorney Court, when a District general’s office, much Court would seem the of it on his watch, proper venue for a crimi- Six suggested that he nal defendant like had no objection to Planned Parenthood to Anderson keeping raise questions about and using the the chain of custody. Planned Parenthood More troubling, The Kansas Supreme Court reports. He asked the Kansas Supreme only that the court Court is among the very few state courts “order the return of the records after all pend- whose members are appointed by the gover- ing litigation (including prosecution) has com- nor without any confirmation process. For pleted”—a routine request. the last fourteen years at least, governors “I am pleased that the Attorney General’s politically and philosophically opposed to office has reversed course,” said Kline with Kline have made those appointments. nicely understated irony, “and now recog- Among many other outside observers, Judge nizes that redacted records in which judges Andrew J. Napolitano, Fox News Senior have found probable cause to believe that Judicial Analyst, has criticized the high crimes have been committed should be used court for its apparent intervention on the in the criminal prosecution.” behalf of the abortion industry. Yet in June 2008, when the Kansas Su- Whether Planned Parenthood or Dr. Tiller will preme Court heard oral arguments about ever be brought to justice, or will even have a whether Kline should be allowed to con- genuine day in court, remains to be seen. The tinue to keep working copies of patient files Supreme Court has not yet ruled on the case. from Planned Parenthood, Attorney General What is clear, however, is that the battle for the Six intervened in the suit on behalf of soul of the state has been joined, and the out- Planned Parenthood. come may soon be decided.

Summer 2008 Kansans for Life News Page 23 Much will hinge on Kline’s bid to be elected way just quoted. Rather, they were part of the District Attorney. He faces a strong primary Court’s instruction on redacting appropriate opponent, backed by the moderate Republican records. Judge Anderson notified the Court establishment, and, if he prevails, a well- that the records were evidence in light of a funded Democrat in the general. straightforward reading of the law, and “document more than the existence of a rea- The other possible avenue to justice has just sonable medical debate” about criminal abor- proved to be a dead- tion statutes. Echoing end. On July 2, 2008, Anderson, Wichita Judge The Sedgwick County Eric Yost also examined (Wichita) grand jury the same Tiller records and investigating Tiller found “probable cause.” reported that it had “not found sufficient evi- 34 of these very records dence to bring an in- were given to the jury dictment on any crime from A.G. Six’s office related to the abortion at the close of June... laws.” records that two judges said were evidence of The grand jury’s rea- crimes that Foulston had soning is instructive. Its stopped Kline from final statement noted that prosecuting, and had Gov. Sebelius and DA Foulston the Kansas legislature refused to prosecute, had made an “earnest pose at a recent Democrat event personally. attempt” to limit late-term abortions to “the gravest of circumstances.” So it is no surprise, that behind closed The statement continued that the jury’s review doors, the jury “learned” why they also of medical records “revealed a number of should not indict and, like Foulston and questionable late-term abortions with regard to Morrison, instead blame the law as defi- the diagnosis of ‘substantial and irreversible cient...which is why an independent prose- impairment.’” cutor was asked for in the first place. This grand jury, however, never really had a The jury passed the hot potato with their chance to bring Tiller to justice. A Sedg- closing words: “until the State Legislature wick County judge denied the petition’s is willing to amend the present statutes and requirement that an independent prosecutor provide clearer and more definitive guide- be brought in to guide the grand jury. In- lines regarding ‘substantial and irreversible stead, the jury’s fate was left in the hands of impairment,’ ...we doubt that any investiga- District Attorney Nola Foulston, who ap- tion into the practices and procedures of pointed her assistant, Ann Swegle, as prose- Dr. Tiller and the Women’s Health Care cutor. Services will yield an outcome that will pro- vide any basis for indictment.” The reader may remember Foulston as the Democratic DA and Tiller ally who had Though grand jury organizers don’t agree found a friendly judge to dismiss — on ju- with that analysis, they aren’t yet sure what risdictional grounds — the original charges the next move should be. Kline had pressed against Tiller. Back in Johnson County, Democrat candi- Foulston could not allow a replay of that date for D.A., Rick Guinn, has made his scenario; how would she escape prosecuting allegiances clear. “No matter who my op- Tiller had the jury indicted him in her own ponent is this fall, my top priority will be to courtroom? refocus this office on law enforcement is- sues and not political issues.” The jury’s closing statement reveals how they were misinformed. “The Court has AG Six has said as much, anticipating his further indicated that if a review of the rele- bid for re-election in 2010. In Kansas this is vant circumstances surrounding a woman’s code for “the abortion industry once again gets pregnancy and subsequent abortion re- a pass.” Now, only Kline’s election as District vealed no more than a reasonable medical Attorney can prevent that “pass” from becom- debate over the condition of the patient and ing permanent. the threats posed to her by continuing her pregnancy to term, no crime has been com- Author Jack Cashill, Ph.D. (right) mitted by the performance of the abortion.” is editor of Ingrams Magazine Those words did come from the Supreme in Kansas City, and much more! Court’s 2006 Alpha decision—but not in the See www.cashill.com

Page 24 Kansans for Life News Summer 2008 Motherhood Interrupted By Jane Brennan Reviewed by Wichita KFL Member Planned Parent- Ellen Myers hood is quite successful at Motherhood Interrupted contains 15 stories telling its naïve of mothers who had abortions. Some of customers that them had several abortions. All stories are all that is ex- very moving, and all end happily with the pelled by an post-abortive mothers finding healing in abortion is only Christ. Both Catholic and Protestant Chris- “a clump of tian mothers are included. cells!” Some factors almost all of the stories had in To me the best part of the entire book is the common were brief final chapter, “Healing the Post Abor- abuse of the mothers during their own tive Woman.” The final list of “Post- childhood Abortive Resources” is also very helpful. The whole book is recommended reading surprising readiness of young girls to for all prolifers. become intimate with their boyfriends The book is available from Xlibris Corpora- before or outside of marriage tion, 1-888-795-1274, or www.Xlibris.com the young mothers’ great ignorance of See also www.motherhoodinterrupted.com what pregnancy really is.

Foster post-abortion healing in your Church One third of all American women have had an tion issue in a way that is not harmful to those abortion by age 35. A post-abortive woman who are suffering from a past abortion. may be sitting next to you in the church pew. She may be a member of your young moms Kansans For Life has a video library available group or your older ladies’ bridge club. She for check-out. If you live in the Wichita area, may think of her abortion every day, but it is stop by the office at 2501 E. Central to borrow unlikely she will ever tell you about it. If she a video or DVD. If you live elsewhere in the state, give us a call at 1-800-928-5433, and we ever does, will you know what to say? will mail you the materials you need. Most post-abortive women—and men, too— experience grief, but do Videos and DVDs not know how to begin available for free the healing process. check-out: Those of us who have After the Choice not had abortions our-  selves may wish to be Dear Children helpful, but feel afraid of Silent No More saying the wrong thing. Other free materials A good first step We offer a post-abortion An informational pro- healing packet to anyone gram at your church can who requests one. help both groups. It can be a first step toward Guest speakers also healing for those mem- available bers of your congrega- KFL will customize a pres- tion who have had an entation to meet the needs abortion, or who have of your group. Our speak- been involved in one. It ers have experience with can help the other two-thirds of your congre- youth groups, senior citizens’ groups, and gation to better understand post-abortion pain, everyone in between. Just call us at 1-800- and to understand how to talk about the abor- 928-LIFE. Summer 2008 Kansans for Life News Page 25 The project page By David Gittrich, KFL Director of Development

Kansas State Fair your community. So, why not lose a few pounds and get a great tan while you are David Gittrich Kansas State Fair is Sept. 5 to 14. Our doing some meaningful pro-life work? We exhibit will be bigger and better and we send you the flyers and you and your friends need even more volunteers for 3-hour shifts get some great exercise. Call 1-800-928- throughout the 10 days of the Fair. If you 5433 for more information. are going to the Fair, then get a free ticket and volunteer at the KFL booth for 3 hours Are you clued in or clueless? while you are at the Fair. Call 1-800-928- Join the Kansans For Life e-mail network 5433 or 316-687-5433 to volunteer. called LifeWatch; then you will know what is happening and what you can do to help Why not have a pro-life exhibit in further the pro-life cause. Simply e-mail your church? [email protected] and include your mail- Church Picnics, Bazaars, Fairs, Luncheons, ing address & zip code as well. Then you will Sunday School, Stewardship Fairs, Vacation be one of the most informed people in Kansas. Bible School, Youth Camp, Retreats—these are great times to set up a pro-life exhibit. Is there any pro-life activity in your We have beautiful banners, posters, dis- church? plays, fetal models, free literature, tattoos, If you are waiting from someone to do coloring books, and many other pro-life something, then look in the mirror and you materials including free fetal models for the have found the perfect person to bring the children. We will send you everything you pro-life movement to your church. Call need, just call us at 1-800-928-5433. Anna, Elizabeth or Cheryl at 1-800-928- 5433 and they will help you every step of Summer pro-life activism the way. It’s easy, rewarding, and you are We have several church bulletin inserts that just the person God is calling to help defend could also be distributed door to door in His helpless babies and women in need.

KFL Oratorical Contest winners The KFL Oratorical Contest is an educa- tional outreach designed to encourage our youth to investigate pro-life issues. After winning first or second place in their re- gional contests, ten students competed at the state finals in Topeka on March 29. The students competed in two divisions: the Senior Division for 11th and 12th graders, and the Junior Division for 8th to 10th graders. Keshia McAfee, our 1st place senior win- ner, won not only a check for $250, but Keshia McAfee (l) and Trisha Herbert (r). will represent Kansas at the National Right To Life Oratory Contest July 5 in Arlington, Va. Senior Division winners: Our contest in 2009 will include regional First Place—Keshia McAfee contests in Topeka on Feb.28 and in Second Place—Sarah Bishop Overland Park, Pittsburg, and Wichita on Third Place—Hope Wing March 7. We would also like to have a site in western Kansas. Please contact Junior Division winners: KFL if you would like to host a western First Place—Trisha Herbert Kansas regional contest. The state compe- Second Place—Moriah Day tition will be on March 28. Please encour- Third Place—Maria Kopoev age your area youth to get involved.

Page 26 Kansans for Life News Summer 2008 Calendar of events 7/16/2008 Advance voting begins for the Kansas Primary Election. 7/21/2008 Voter registration deadline to vote in the Primary on Aug. 5. This is also the last day to change your party affiliation, if you want to do that before the Primary. 8/30/2008 “Pure & Simple Celebration” in Wichita Saturday, Aug. 30, 9:00 a.m. to noon at Botanica. This event features expert speakers in the field of abstinence and related topics, and is open to parents, youth leaders, community leaders, church leaders, health care professionals, and any adults interested in promoting abstinence until marriage to teens. Call Abstinence Education, Inc., at 316-688-0840 or toll-free at 866-688-0840, for more informa- tion, or to register for this free conference. 9/15/2008 KFL Golf Marathon: Topeka The Topeka KFL 6th Annual 100-hole golf marathon will be held on Monday, Sept. 15, at Lake Perry Country Club in Ozawkie. Interested golfers can contact the Topeka office at 785-234-2998 for more information. 9/22/2008 KFL Golf For Life: Wichita Monday, Sept. 22 at Willowbend Golf Course. Tee off at noon. Contact Melissa White for registration information: 316-304-6420 or e-mail [email protected] 9/24 to 11/4 40 Days for Life Sign up at www.kfl.org. Click on “Events” & “40 Days” 10/5/2008 Life Chain in most communities. 10/12/2008 Life Chain for the Kansas City area, on 95th Street in Overland Park. Sign up at www.kfl.org. Click on “Events” and then “Life Chain.” 10/15/2008 Advance voting begins for the General Election. 10/16/2008 Leavenworth KFL Candidate Forum Lansing Community Center, 7:00 p.m. For more information contact Sue Davidson, 913-683-4451. 10/20/2008 Voter registration deadline to vote in the General Election in November.

State Oratorical Contest participants, left to right: David Gittrich (State Development Director), Moriah Day, Rosemary Crock (Regional Chairman), John Brack, Hope Wing, Morgan Gonzales, Keshia McAfee, Sarah Bishop, Erin Farmer, Kayla Burditt, Karin Capron (Contest Director), Maria Kopoev, Trisha Herbert. Summer 2008 Kansans for Life News Page 27

PAID Permit #600 U.S. Postage Nonprofit ORG Kansas City KS VOTE chie Macias, Treasurer. AUG. 5th ! Paid for by the KFL PAC, Ar PAC, Paid for by the KFL Not authorized by any candidate or candidate committee. committee. Not authorized by any candidate or For YOUR area. Others should see www.voteprolife.net. Kansans for Life Political Action Committee Endorsements P.O. Box 4448 OPKS 66204

in November:

his bid for re-election to the office t it is with a sense of great urgency tity of human life than Phill — Dr. James C. Dobson, Ph.D. August 5th & can win Phill Kline for DA Phill Kline for Paid for by - Experience & knowledge to the Law - Holding Planned Parenthood as DA conviction record 70% current - Over the vulnerable! voice for a strong ALWAYS - P.O. Box 2202, Olathe, KS 66061; 913-239-9900 Paid for by Kline DA, Shar Hoffman, Treasurer TO DONATE or VOLUNTEER: www.klineforda.com Leading the Johnson County Republican Party united in TRUTH! It is imperative that he win this contest!” Phill Kline can win

Don’t miss Humanevents.com article by Gary Bauer: “Why Phill Kline Keeps Fighting”. Don’t miss Humanevents.com article by Gary Bauer: “Why Phill Kline Keeps Fighting”. “I seldom make political endorsements, bu that I announce my support for Phill Kline in of Johnson County District Attorney. There is no other elected official taking a more principled and courageous stand for the sanc Kline.