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Archive for the ‘Kansas Abortion Corruption’ Category

Hon. Thomas Malone

Hon. Thomas Malone

A rotten district court ruling is too hot to handle and the proper court of review doesn’t want to deal with it. Guess why? The revoked medical licensee is an abortionist.

In a technical legal dodge on Friday, the Kansas Court of Appeals ruled that that it is too early for them to review an appeal by the Kansas State Board of Healing Arts in the matter of abortionist Kris Neuhaus.

The Board revoked her license in July 2012, after a six day hearing under State Administrative Law Judge Edward Gashler in which he found that, “the care and treatment of 11 patients [obtaining late-term abortions in 2003] was seriously jeopardized” by Neuhaus. (More posts here, here, here and here)

But that finding was blocked March 7, 2014 by Shawnee District Court Judge Franklin Theis, opining that the Board ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Days later, the Board appealed. Kansas Court of Appeals chief Judge Thomas Malone issued a 2-page order Friday, claiming Theis’ order did not constitute a “final ruling” that they can review and that the Board had not yet reconsidered sanctions –as ordered by the district court.

The Court of Appeals wants the Board to go away and follow Theis’ order—but that order is exactly what the Board wants the higher court to reverse!

The Board is left with 3 legal options:

  1. ask for reconsideration by the same Court of Appeals that doesn’t want to do so,
  2. ask the state Supreme Court for review of the Court of Appeals position,
  3. go back in session to issue a revised sanction of Neuhaus.

Neuhaus’ lawyers found arguably the best activist judge in the state to take review –Shawnee District Court Judge Franklin Theis. Theis’ sympathies were revealed early on, when the state asked for a bond to recoup further court costs from Neuhaus and Theis said the appeal would proceed without any hope of repayment. He later ruled on the abortionist’s behalf, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.”

NEUHAUS’ LONG-TIME INCOMPETENCE
The inability to do proper patient intake was the subject of disciplinary action against Neuhaus from 1999-2001, when the Board labeled her,“a danger to the public.” Unfortunately, the Board allowed her to keep her license, and she used it to rubber-stamp “mental health” exemption referrals –onsite –for George Tiller, enabling him to proceed with post-viability abortions.

Concerning those notorious referrals, Judge Gashler’s decision upholding the revocation included this:
“There is no indication that the Licensee [Neuhaus] on any occasion actually conversed with a patient concerning the items necessary for a competent mental health examination to be completed… In some cases, the patients were, according to the Licensee’s diagnosis, suicidal. Yet, in not one single case did the Licensee make any recommendations that the patient be seen by a psychiatrist, a psychologist, or any other type of mental health worker. The Licensee simply referred each patient for a pregnancy termination.”

The Kansas Board of Healing Arts needs to keep its new-found resolve to discipline dangerous abortionists, and challenge this new Court of Appeals ruling.

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Past Board director enabled Neuhaus

Past Board director, Larry Buening, enabled Neuhaus

The Kansas State Healing Arts Board voted unanimously Friday evening to appeal the March 7 district court ruling overturning its July 2012 license revocation of former abortionist Ann Kristin (Kris) Neuhaus.

After nine-months’ reflection, Judge Franklin R. Theis issued a very pro-abortion ruling, sending the issue back to the Board for “review,” opining that it was wrong to take away Neuhaus’ license.

Neuhaus does not have a current Kansas license to practice medicine, even in a restricted manner, but this ruling allows her to apply for one—though it is exceedingly doubtful the Board would approve it.

Neuhaus lost her license for repeatedly breaking the state rules on medical record-keeping and patient exams. Specifically, she had issued the required ‘validation’ for third-trimester abortions for 11 young teens in 2003 under the claim that the girls would otherwise suffer “irreparable and sustainable” mental harm. (read more here)

Those 11 cases originated in medical files that had been acquired by then-Kansas Attorney General, Phill Kline. Kline had obtained the records in an attempt (thwarted under then-Gov. Kathleen Sebelius and the state Supreme Court) to prosecute the late George Tiller for abusing the law on exceptions to the Kansas ban on post-viability abortions.

Judge Theis ruled, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.” Instead, he

opined that the Board had, in essence, ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Excuse me, Judge, but not being able to find evidence of the nature of the patient’s problems from Neuhaus’ own scanty notations and checkbox-formatted computer printouts IS the point!

The administrative court opinion (upholding the Board’s complaint) ruled there was no evidence “of any examination nor…of what transpired between the patient and licensee [Neuhaus].” Yet this was supposedly a ‘referral’ by a second, so-called independent, doctor that an abortion was the recommended solution to an irreversible mental health problem.

Obviously, the Board believes it more than ‘made its case’ and will not ‘rethink’ its sanction. In a quickly convened, 22-minute meeting conducted by phone Friday evening (with discussion by the members closed to the public), the Board chose to get Theis’ ruling voided through an appeal to the state court of appeals.

Frankly, the corrupt, past Healing Arts Board Executive Director, Larry Buening, is squarely to blame for Neuhaus, and enabling the illegal abortions of thousands of viable unborn children.

According to 2009 court testimony, Buening helped Wichita abortionist Tiller find a Kansas licensed doctor willing to ‘rubber stamp’ post-viability abortions as being authorized under a mental health exemption. Buening recommended Neuhaus, and helped steer the Board to allow her to keep her license after she had lost federal drug privileges and been found repeatedly unable to properly evaluate, examine, monitor and discharge patients.

But this well-documented pattern of Neuhaus’ inability to do the bare essentials of medical intake was downplayed by Theis. Other errors in this wrong-headed ruling will be further examined in an upcoming post.

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Failed Neuhaus

Kris Neuhaus

Late Friday, Shawnee County District Judge Franklin R. Theis quietly issued a ruling in favor of former abortionist Ann Kristen (Kris) Neuhaus, overturning the State Healing Arts Board’s July 2012 revocation of her license and wiping out her $93,000.00 debt of assessed court costs. (Note, Neuhaus has already achieved $63,000.00 to pay that debt, pledged here.)

Neuhaus’ license was revoked for negligence and failing to meet the standard of care in eleven cases in 2003, in which she had “approved” young teens  to obtain post-viability abortions from the late George Tiller in Wichita, on grounds that –without those abortions–they would suffer irreversible mental harm. (see more info herehere, and here)

The Board’s revocation case had gone to trial under administrative law judge Edward Gashler, who ruled that Neuhaus had demonstrably failed to keep accurate and complete medical records, as required by law.

Neuhaus’ inability to practice medicine was long documented in her disciplinary history, first with limitations in 1999 due to “failure to maintain complete and accurate records.” Soon after, the Board found in 2000 and 2001 that Neuhaus violated the standard of care due to “no focused physical examination,” failure in “ monitoring vital signs”, and “no anesthesia record”—actions the Board said “create a danger to the public.”

While Theis upheld Neuhaus’ record-keeping failure, he overturned Gashler’s assessment that Neuhaus had “seriously jeopardized” patients’ care with inadequate mental health exams. Theis sent the case back to the State Healing Arts Board for review.

As reported by the Associated Press, executive director, Kathleen Lippert Seltzer, said the Board will meet within the month to decide whether to rehear the case or instead, file an appeal of Theis’ decision.
(UPDATE Mar. 14: Board  unanimously agreed to appeal Thies’ ruling; see AP story)

AP also quoted Bob Eye, one of Neuhaus’ attorneys, as saying Theis’ ruling is “pretty consistent” with their arguments.  Gee, what a surprise—Theis is on their side?

ABORTION LAWYER SAVES JUDGE
Eye’s former law partner, Planned Parenthood counsel Pedro Irigonegaray, orchestrated (and helped fund) a successful last-minute rescue of Theis’ job in 2004. This was a response to an ad hoc group of Shawnee County citizens who were justifiably outraged at Theis’ leniency to child molesters in three cases and sought his defeat.  However, with the help of Irigonegaray and attorney donations for TV and radio ads, Theis eked out a narrow 51% victory. (read more here and here)

Pro-lifers are infuriated that this same Judge Theis has been “sitting on” another Kansas abortion lawsuit, brought against the Kansas 2011 abortion clinic regulation law. Theis has indefensibly allowed NO ACTION to proceed in this lawsuit brought by the Overland Park abortion duo of Herb Hodes and daughter Traci Nauser. The 2011 law—which is not in effect to Theis’ stubborn inaction for over two years—would:

  • create licensure standards for abortion businesses with requisite hospital privileges;
  • allow Health department inspections, including one annual unannounced visit;
  • mandate reporting of abortion-caused injuries;
  • insure chemical abortions are administered in person (not via “webcam”).

Kansans for Life has prioritized educating pro-lifers about the dire need for reforming the judicial nominating procedure in our state, to be more reflective of the Kansas public and less a tool of the abortion industry.  Judge Franklin Theis is a prime example of the need for such reform.

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Judge Franklin Theis

Judge Franklin Theis

Today, Shawnee County Judge Franklin Theis heard arguments for and against retaining the July 2012 revocation of the medical license of former abortionist Ann Kristen (Kris) Neuhaus. The judge said his ruling will not be ready for some time.

The complaint from the state Board of Healing Arts is that Neuhaus failed to follow the standard of care in recommending that eleven teens in 2003 were eligible to abort viable babies because continuing the pregnancy caused them to suffer substantial and irreversible mental harm.

At one point, Theis raised a somewhat rhetorical question to Board attorney Kelli Stevens of why the state was not prosecuting for fraud, instead of failed standards.

Stevens urged that while the context of the case was abortion, the issue was not whether these 11 teens were valid candidates for abortion, but whether Neuhaus, as a licensed medical physician, had failed her “duty to make a proper record”. All Kansas physicians must obey this duty in statute:

“keep written medical records which accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.”

The pathetic condition of Neuhaus’ files in these eleven cases were shown when, under direct testimony in earlier proceedings, Neuhaus herself couldn’t recollect some of these teens, using all her notes and records. Her attorney today, Kori Trussell, even admitted her records “were not as they should be” but then insisted that it doesn’t mean she did not properly evaluate the mental health of the teens.

Stevens pushed that it is not whether these teens were even medically eligible candidates under the abortion law, but that Neuhaus’ diagnoses are “unsupported.” Her files are inconsistent and some cannot even be reconciled with those of Tiller as to dates and patient profiles, said Stevens.

Kansas legislators in 1998 banned abortions on viable unborn children unless the women faced substantial and irreversible bodily damage (including mental health) as documented by a second independent physician. Legislators had thought that the second physician would bring accountability so that lone abortionists would not be inventing exceptions to the ban.

However, Neuhaus was neither independent nor a psychological expert. Not only was she the exclusive second physician signing off on late-term abortions for now-deceased Wichita-abortionist George Tiller, that was her primary– if not only– salaried job between 2003-2006.

The Board’s revocation had been finalized by Administrative law judge Ed Gaschler and Judge Theis has asked for a directed index of the 3,000 page transcript. The appeal is going forward even though Neuhaus claims she is penniless and cannot afford to pay legal costs.

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Stan Hazlett

Stan Hazlett

The director of Kansas’ state attorney ethics division, Stan Hazlett, is facing serious charges of his own, basically that he was “dishonest,” “unfair,”and broke the rules governing discipline of attorneys.While similar charges against Hazlett are part of the Phill Kline defense (discussed below), scathing allegations against Hazlett were filed in a May 2012 legal brief (that fills a three-inch deep binder) by Alma attorney, Keen Umbehr. Umbehr says he has been victimized by Hazlett,

who pressed for disciplinary action against Umbehr without having received the required decision from a 3-person disciplinary review panel that there was “probable cause” that ethical violations were committed.

Umbehr was the subject of a complaint to Hazlett initiated by the director of the state department of women’ corrections. Umbehr had shown the temerity to expose the scandal of sex between guards and inmates, including drugs and a procured abortion.

The resulting explosive Topeka Capital Journal newspaper series on conditions inside the women’s prison ran in October 2009. It was written by reporter Tim Carpenter, who accompanied Umbehr when meeting with jailed clients. The scandal triggered federal investigations that continue today.

Umbehr was threatened with loss of his law license for not volunteering that Carpenter was a reporter. After two years, it was found that he had not violated any professional ethics.

Umbehr’s filing shows how Hazlett stonewalled verifying whether the ethics charges were being handled according to the rules. Umbehr alleges the initial required review panel never even convened and that Hazlett lied repeatedly about it. Umbehr’s action against Hazlett now proceeds to a panel of the state Supreme Court.

As relates to former AG Phill Kline’s protracted case, Kline’s attorney, Tom Condit issued a demand letter to Hazlett Nov, 21, for additional documentation on the working of Hazlett’s office in light of the derogatory comments tweeted by an appellate law clerk (see post here). Condit’s letter draws attention to numerous failings by Hazlett, in pursuing Kline:

There are seemingly infinite ironies between the many failings and omissions of your [Hazlett] office and …the standard of absolute perfection required of all of Mr. Kline’s acts and communications.”

Condit notes that— as in the Umbehr case— Hazlett failed to secure a written “probable cause” finding for Kline. When asked for the report, Hazlett asserted that review panel results were “oral.”  This is the same excuse Hazlett gave Umbehr, although the Rules clearly state that the panel must commit their findings to the record.

Also noteworthy in the Kline case, is that Hazlett’s own investigators did not find Kline guilty. And Hazlett ignored the “not guilty” findings of a special inquisition of Kline in 2007 and the ruling of Wichita Judge Owens on related matters.

So what compelled Hazlett to take the path he did with Kline?  The results of the legal complaint filed by attorney Umbehr may verify whether Stan Hazlett has been violating the very ethics he is in charge of enforcing.

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Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000.00 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

The protracted medical license revocation action against Neuhaus was based on ‘psych referrals’ she made for 11 teens receiving late-term Wichita abortions in 2003. The Board spent $75,000.00 for expert testimony and review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

District Judge Franklin Theis is presiding over Neuhaus’ appeal of that revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond. This was the only time in Theis’ memory, he said, that the Board had asked for a bond in this kind of proceeding.

Abortion attorneys argue Neuhaus is impoverished and would not be able to pay the $93,000.00 “in the foreseeable future.”

They said she could only afford a bond of $100, which Judge Theis said “would be a joke.”

Theis then ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

Neuhaus was uncovered in 2006 as the sole source of second opinions for abortions performed after viability by George Tiller. Under the law, totally “independent” referrals would give proof that the abortion was needed to prevent irreversible and substantial bodily damage- or death– to the mother. Although Tiller escaped a misdemeanor conviction in March 2009 for repeatedly using Neuhaus’ services, the Healing Board proceeded with license revocation filings for Tiller until his murder in May 2009.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus –a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago. (see Neuhaus Board history here)

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Yet, under a “due process” claim, she will continue to eat up Court and Board expenses during an appeal process for which she has virtually no chance of winning.

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

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Anti-Kline tweeting court clerk Herr

The shocking “tweets” of a Kansas appellate court clerk, during Thursday’s Supreme Court review of ethics charges against former Kansas AG Phill Kline, have earned her a suspension, pending review, according to the Associated Press.
UPDATE, Nov. 19: AP reports Herr has been fired

The Kline-denigrating tweets of Sarah Peterson Herr (outed Thursday evening by Operation Rescue) reflect the culture of abortion corruption that has long plagued Kansas as well as a deep, dangerous and pervasive animus towards Kline among the legal authorities in this state.

1) The state’s attorney ethics division.

They are demanding a permanent revocation of Kline’s law license for what they portray as ethical violations during his attempted prosecution of child rape and illegal abortions, begun in 2003. (Read allegations and rebuttals at KlineCaseFile.com.)  The charges were pursued even after their own investigative staff recommended they not do so and even after a panel (with questionable neutrality) recommended only a suspension.

2) The Kansas Supreme Court.

During one of their cases filed by abortion businesses to avoid criminal prosecution, the state Court held a unique internal trial of Kline, in which he was exonerated. The ruling written by Justice Carol Beier (who has lectured on how courts should be used to advance feminist ideology) was criticized by her senior justices, in essence, for her anti-Kline diatribe. The bias was so strong on this court that 5 members recused themselves from this hearing and a substitute judge at the hearing remains under a cloud (see details here).

3) Certain state prosecutors who consider abortion criminal prosecution “a career killer” (more on them in future posts).

The incident involving law clerk Herr is troubling on several levels. First of all, as an attorney, Herr is sworn to uphold a certain comportment and reserve, which conflicts with tweeting denigrating comments during a state hearing. She wore her badge in court, and it is assumed she was on state salary as she sent out various messages against Kline’s court responses and called him a “douchebag.”

But it also shows how deep the media-assisted pro-abortion and anti-Kline messaging has succeeded. Her tweets resemble those of a young pro-choice adult responding to Planned Parenthood propaganda; yet Herr is a highly trained attorney who is supposed to be able to read challenging legal documents, and edit legal submissions for the court.  This is a person paid to “sift” through complicated documents and recommend legal pronouncements. Nevertheless, on Thursday, she tweeted in capital letters for emphasis:

“ARE YOU FREAKING KIDDING ME. WHERE ARE THE VICTIMS? ALL THE PEOPLE WITH THE RECORDS WHO WERE STOLEN.”

Ms. Herr–no abortion records were ever stolen. Court-ordered medical files were legally obtained and protected—inordinately so. The victims of illegal late-term abortions and non-reported rape in Kansas were the focus of Kline’s actions.

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