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Posts Tagged ‘George Tiller’

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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Cheryl Chastine

Cheryl Chastine

Last Friday was the fifth anniversary of the slaying of George Tiller, notorious for performing late abortions up through the ninth month of pregnancy. There were a number of stories lauding Tiller.

We learn from the Wichita Eagle that a joint media conference call from Julie Burkhart, Tiller’s former Political Action Committee (PAC) director, generated the “Tiller legacy” tribute stories at NPR, MSNBC, Wichita Eagle, Salon, and other pro-abortion outlets.

These reports served several purposes: to portray Tiller as a hero, vilify pro-life legislation, and to promote the fledgling South Wind Women’s Center (SWWC) abortion clinic. SWWC is run by Burkhart, using an Illinois fly-in abortionist, Cheryl Chastine.

SWWC is located in the same Wichita, Kansas, building Tiller occupied for decades. Reporters were informed SWWC hopes to expand to Oklahoma City and possibly beyond.

The engine for the “Tiller legacy” media campaign is Burkhart, who ran Tiller’s ProKanDo PAC from 2002 until 2009. The PAC spent over $2.4 million dollars to elect pro-abortion candidates, including former Gov. Kathleen Sebelius (see details here).

After the Kansas State Healing Arts Board initiated legal actions to revoke Tiller’s medical license for violating the Kansas post-viability abortion ban, Burkhart left for St. Louis to head Missouri ProVote, a pro-Obama / pro-abortion political activist coalition.

Within a year of Tiller’s death, Burkhart had created a new group -–the Trust Women PAC– with the mission of stopping pro-life legislation and increasing abortion businesses in the “underserved” Midwest and South.

When the Tiller clinic was still in business in 2009, the Kansas legislature passed additional “Woman’s Right to Know”(WRTK) provisions aimed, in part, at the many women who were being led into late abortions to “resolve” their medically-challenging pregnancy.

The improved WRTK provisions included:

  • where to get free medical help, including perinatal hospice, for grave or lethal fetal conditions, and
  • a mandate that the clinic accommodate women who want to hear the fetal heart tones or see a current sonogram before obtaining an abortion.

This WRTK law requires the state health department to prepare medically-accurate pregnancy and fetal development materials in booklet form and available online, and to maintain a 24 hour phone hotline. Of course, according to Burkhart, this is just another “measure designed to shame and guilt” women, and burden clinics.

WHAT ABORTIONIST CHASTINE TOLD MEDIA
Based on several of her statements recorded in Friday’s Salon article, the 32-year old Chastine seems especially uninformed about Kansas’ WRTK abortion law. She said,
“It feels like there’s a third party in the exam room that doesn’t belong there, and I’m very clear with patients when I tell them that. I tell them, ‘The state wants me to tell you this. They also you to do this.’ I don’t try to hide the intrusion. I make sure that they know so that they can understand how their care is being influenced by unnecessary legislation.”

Chastine is quite emphatic about giving SWWC clients a rebuttal to information that she wrongly believes Kansas law requires her to “tell” abortion clients. But Kansas does not require the abortionist to say anything.

WRTK information was in fact designed as an out-of-clinic resource to both counter misconceptions relayed by abortion personnel as well as remedy a lack of relevant information preventing a woman from a freely formed abortion decision. WRTK laws offer a counterpoint to a rushed, forced, and irrevocable abortion, which is why abortion clinics hate them so.

Salon interviewer Katie McDonough further prods Chastine with this:
“Kansas is passing legislation designed to shame patients and place barriers to access in their way. I’m thinking of the 24 hour waiting period here, which is both intended to be a logistical barrier but also an insult to a patient’s intelligence….You probably see people who have come a long way, who have saved up, who taken off work — and you then have to tell them, “I can’t do this for you today. You have to wait 24 hours…”

To which Chastine responds,
“That’s extremely frustrating… I tell the patients…I trust you as a moral decision-maker, and I’m sorry that the state doesn’t do the same.”

The reality is that Kansas’ 24 hour period of reflection is nothing new. It was passed seventeen years ago. Moreover,  it does not require two onsite clinic visits and, in all likelihood, women don’t make two trips to a Kansas abortionist.

They can call the abortion business, tell them their estimated age of pregnancy, get told via phone or clinic website where to access the state materials, and make one appointment. The fact that pregnant women can stay out of the clinic and contemplate medically accurate materials is to their benefit and to the detriment of the abortion clinic’s bottomline.

A legal Kansas abortion does require the woman to sign a paper that she accessed WRTK info 24 hours before undergoing the abortion. Hopefully, each woman does attentively review the WRTK info (including ultrasound images)—especially those who are young, conflicted about abortion, or being coerced. Past testimony to Kansas legislative committees, as well as letters to the U.S. Supreme Court, have expressed the negative effects upon women who did not recognize the humanity of the unborn until years after experiencing an abortion.

Chastine maintains abortion is a “decision” morally equivalent to delivering a child.
“The people who are having abortions and people who give birth are not different people; they are the same people. And they make both of those decisions with their full moral decision-making capacity and for the same reasons.”

That kind of messaging may impress the SWWC staffers who (we are told) have graduated college with gender or women’s studies degrees. Those viewing everything through a lens of “patriarchal repression” may also agree with Chastine’s opinion that,
“I am very, very terrified of the rollback in access to reproductive healthcare… because the people who suffer from this are the most vulnerable in our society and the most voiceless.”

The rest of us think that the most vulnerable and voiceless are the unborn.

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One of many Wichita pro-life help centers

A short letter to the editor from an ordinary pro-life citizen has beautifully undermined a celebratory April 3 newspaper story that ran under the headline, “Wichita clinic says provided 1,200 abortions.”

The Wichita Eagle report gushes over what is now called the SouthWind Women’s Center, which opened one year ago amidst nationally-orchestrated fanfare. What did the letter remind us of? That

in only six weeks, just one Wichita pro-life center alone sees 1,200 women! And rather than offer death, it offers true ‘service.’

What is the SouthWind Women’s Center (SWWC) and who is behind it? For starters, it is located in the building that for decades was used by the late George Tiller, internationally known for performing late, late abortions. It most famously included an onsite incinerator for the “human remains.”

And it is now owned by former Tiller lobbyist, Julie Burkhart whose “quest” to reopen the abortion clinic was the subject of numerous sympathetic profiles.

“Patient numbers are right in line with our projections,” Burkhart said, “1,500 patients for reproductive care, including abortions up to 14 weeks. ” A fair question to ask both of the Wichita Eagle and Burkhart is when has any abortion business ever sought a story to proclaim how many abortions it sold?

It could be because Burkhart is trying to reassure her funding base that her business will be successful in the face of yet another annual state report showing a decline in the number of Kansas abortions. As reported in NRL News Today last week, there were 7,479 abortions in 2013–or less than 145 per week, including out-of-state women who came to Kansas for their abortions.

“I feel that in this line of work, with the legislation that’s become law and the political climate, our work at times feels tenuous at best,” Burkhart told the Eagle. “I wish he [Tiller] could be here, I miss him every day. He lives on through our work here.”

Put aside the disturbing idea that someone “lives on” through the death of thousands of unborn babies and recall that SWWC is “flying-in” abortionists because it’s unable to secure local doctors.

Instead consider the letter to the editor that focused on true women’s health care that is being provided for free by at least eight local organizations. The author writes

“Let’s put this in perspective. A Better Choice [a Catholic local help center] sees an average of 200 clients per week. So it [alone] passes the 1,500 mark in seven or eight weeks. …Nobody flies in to assist these women. Local providers – doctors, nurses, counselors, sonogram technicians and volunteers – guide women with unplanned pregnancies to motherhood.”

What a great perspective!

Let’s compare what SWWC sells as women’s health: “OB care” is defined as pregnancy & infertility counseling, pregnancy testing and referrals to local obstetricians. Their “adoption” service is linkage with an Ohio abortion clinic that says it also arranges adoptions.

SWWC’s bread and butter, of course, is the abortion business advertised at $600-$700 each, with a special ‘speedy’ option for another $200. And 1,200 abortions Burkhart claims were obtained in 2013 provide them conservatively with three-quarters of a million dollars in revenue.

Meanwhile, what are the genuinely helpful services available for women in Wichita beyond the essential pregnancy testing and ultrasound services? First of all, the assistance is personal— provided without cost, by professionals and volunteers with no financial stake in the outcome. No “out-of-staters” or phone networking, but real people with a stake in helping local women lacking essential information and support.

A large variety of services are readily available, including

  • Help in establishing medical care for pregnancy;
  • Nutritional assistance;
  • Access to maternity and baby items;
  • Information on adoption and support afterwards;
  • Therapy, including substance abuse and domestic battery issues;
  • Budget and job search training;
  • Education on childbirth and parenting;
  • Mentoring and peer support;
  • Specialized hospice for potentially lethal fetal abnormalities; and
  • After-abortion recovery care.

Kansans are pro-life and resent the re-opening of an abortion business. However the Wichita community is showing its heart, year after year, in providing authentic health care for pregnant women and their families.

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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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BleedingKansas (2)“Bleeding Kansas” was the moniker for our state during the mid-nineteenth century when guerrilla warfare raged between forces for and against slavery, until Kansas was accepted into the Union as a slave-free state in 1861.  That disposition not to yield to evil is seen in the Wichita community’s reaction to the announced opening of a new abortion clinic at the location of the infamous late-term clinic of George Tiller.

Since the death of Tiller in May 2009, a national push to re-open his abortion clinic has been led by the abortion advocacy group, Trust Women, headed by Julie Burkhart.  Burkhart was a Tiller employee who ran his PAC (political action committee) from 2002-2009.

Yesterday, the Associated Press covered Burkhart’s announcement that the South Wind Women’s Center (SWWC) is “expected to open in the next few months with one full-time and two part-time doctors amid heightened security and community outreach efforts.”  SWWC “will offer prenatal, obstetrical and gynecological health care services as well as abortions” and “has contracted with the doctors and has hired most of the other nine or ten people it plans to employ.”

Interestingly, no physician names were divulged, nor whether they are state-licensed, or reside in Kansas.

Kansas abortion clinics are either local physician offices or single-day surgery centers licensed by the state health department (KDHE).  A public records request last week showed no official clinic application is yet on file with KDHE for the SWWC location, possibly because the names of the facility’s physicians would have to be revealed.

The AP report indicated remodeling is scheduled for the clinic to meet the abortion facility standards Kansas passed in 2011. Those licensing and inspection standards –similar to what other states have passed–were long sought by Kansas pro-lifers and were signed into law in the first term of Gov. Sam Brownback.  However, the standards are not in force due to litigation by another abortion clinic in suburban Kansas City.

In a “virtual chat” online at the Trust Women website this fall, SWWC services were touted as medical (pill) abortions, and fertility and transgender services. Burkhart continues to try to erase this community’s memory of the Tiller location as the home of an actual onsite crematorium for unborn children destroyed up through the third trimester.

Kansans for Life (KFL) contends that reopening the place as an abortion clinic would disturb what has become a quiet, residential area.  The KFL citizen petition drive–urging city officials to rezone the area– is well on its way to exceeding the goal of securing 20,000 signatures. “As Wichitans we know that when an abortion clinic opens in a neighborhood everything changes,” said David Gittrich, KFL development director. “Abortions means taxis and traffic, police cars and ambulances, barricades and signs. People who support abortion – and people who believe every abortion kills an innocent baby – come to demonstrate.”

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After over a year of threats by ex-Tiller political operative, Julie Burkhart, to re-establish a Wichita abortion business, the Wichita Eagle reports that Burkhart’s Trust Women group officially owns the old Tiller clinic building.

The Eagle obtained no definitive information about how Burkhart would be using the building, but Kansans for Life had alerted its members September 12th of credible inside information that a Wichita clinic staffed with three non-Kansas abortionists would indeed be opening in January 2013.

If in fact Burkhart does open a business with itinerant abortionists, women will be in much jeopardy. Out-of-state physicians do not have

  • a stake in the community with family ties,
  • a medical reputation to maintain,
  • a permanent real estate investment.

Abortion clinics are notorious for sending abortion-injured women to the hospital without the necessary first-hand information for accurate emergency treatment– apparently what happened in the Tonya Reaves botched abortion death from a Chicago-area Planned Parenthood this July.

This is the reason that a provision requiring local hospital privileges for itinerant abortionists was passed in 2011 as part of the abortion clinic licensure law.  Unfortunately, this law is under injunction and thus not in effect, so the Eagle report is wrong that at least one of Burkhart’s abortionists would have to attain hospital privileges within 30 miles of the clinic.

An abundance of incidents across this nation have documented a variety of schemes with abortionists crossing state lines to take advantage of differing state laws governing abortion. Without a clinic licensure law in effect, the Kansas state health department cannot inspect, restrain, or penalize clinics.

Additionally, the Healing Arts Board cannot discipline a non-resident abortionist who drops his/her license and leaves Kansas.  Even if malpractice has occurred, the Board cannot chase abortionists into other states and force them to return to testify in Kansas, nor can the Board compel information from other state medical boards.  And certainly, personal lawsuits for injury and death on behalf of a woman or her family cannot be filed in other states.

If the information Kansans for Life received is true, the abortionists for the slated new clinic are residents of Missouri, Oklahoma and Nebraska. Nebraska abortionist LeRoy Carhart, a longtime Tiller-associate, still possesses a Kansas license.

Two other former itinerant Tiller abortionists, Shelly Sella and Susan Robinson, did not renew their Kansas medical licenses after Tiller’s murder.  Although this past year, Kansas State Board of Healing Arts did revoke the medical license of Tiller associate, Kris Neuhaus, for repeatedly violating the medical standard of care, they took no actions to discipline Carhart, Sella and Robinson for fraudulent late-term abortions.

Kansans for Life Executive Director, Mary Kay Culp, commented:

“It is tragic Burkhart appears poised to re-engage in destroying unborn children and exploiting women for money, again using out-of-state abortionists who can escape discipline from the Kansas Board of Healing Arts, and not yet subject to our new licensure law due to litigation; Burkhart knows that illegal abortions in Wichita were not penalized, and more recently, Planned Parenthood escaped prosecution when state documents were shredded with impunity–a situation that key legislators are currently investigating.”

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The political season is upon us, even though Kansas is awaiting judge-drawn maps to determine voting district boundaries for state senators, reps, school board and U.S. Congressional seats.

There’s no way to predict how equitable the judge-drawn state district maps Kansas will be, but the fight to retain pro-abortion Senatorial power played heavily into this situation.

Certain Republican Kansas Senators (whom the media calls “moderates”) have been trying to escape announced challenges from conservative, pro-life opponents.  They hoped to create contorted boundaries for their districts that would exclude their challengers in the face of the the growing strength of the Kansas pro-life electorate.

In the stories covering redistricting, the media groans that Kansas Republican conservative lawmakers want “moderates” eliminated, but the same media remained undisturbed by years of bare-knuckle politics against pro-life Senators from these moderates.

 Pro-life bills were prevented from getting hearings in the Kansas Senate because GOP moderates loaded all committees relevant to abortion with a pro-abortion majority and a pro-abortion committee chair.

To retain their pro-abortion voting block in the redistricting situation, moderates joined with Democrat Senators (all but one of whom is pro-abortion). In the past, both groups were supported for re-election with abortion-funding, (more…)

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