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Posts Tagged ‘Phill Kline’

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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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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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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Judge Arnold-Burger

Former Kansas Attorney General Phill Kline is appealing a ruling last year by the state’s Board for Discipline of Attorneys that his Kansas law license be revoked for “misleading” actions undertaken when he worked to prosecute illegal late-term abortions.

This week, he is once again seeking recusal of a judge on the state Supreme Court panel scheduled to review his license appeal.  A few months ago, Kline’s legal team was phenomenally successful; they submitted documentation arguing that at least two of the seven state Supreme Court justices were hopelessly biased against him and the result was historic– five sitting justices recused themselves!

To fill those five positions, three district judges, and two appellate judges were selected. It is Court of Appeals Judge Karen Arnold-Burger that is now being asked to recuse herself in Kline’s filing, because she

“has already announced her views on these matters in a way to impugn Mr. Kline before the state judiciary.

As reported Monday in the Topeka Capital Journal, Kline’s attorney, Tom Condit, said the motion urging Arnold-Burger’s recusal “was filed Friday after Kline discovered the judge’s role in ‘publishing a factually inaccurate, if not dishonest, newsletter to judges throughout Kansas that further distorted and demeaned the professional conduct of Mr. Kline.’ ”

The newsletter in question is The Verdict, a publication for Kansas lower court judges, edited solely by Arnold-Burger, and which folded after she was appointed to the Court of Appeals in 2010. But in early 2009, The Verdict featured a negative article on Kline, including (according to Kline’s motion)“twelve statements [that] read like a pro-abortion editorial, and are famously inaccurate.”

Kline argues that two judicial ethics rules are in play: 1) a judge must not make public comments on impending cases, and 2) a judge is disqualified from any proceeding in which the judge’s
impartiality might reasonably be questioned.

The action to pull Kline’s license was a ‘payback’ virtually promised by Justice Carol Beier, the author of both state Supreme Court rulings for Planned Parenthood protracted lawsuits in which Kline prevailed. Justice Beier’s animus against Kline was so out of bounds in the majority opinion that the two most senior justices backed away from Beier’s “threatened penalties” to Kline and complained that the ruling had been used “as a platform from which it can denigrate Kline for actions that it cannot find to have been in violation of any law.”

Prosecution for some of those Planned Parenthood illegal late-term abortions in 2003 are still headed for trial. Unfortunately, it was only last fall that the current prosecutor of the suit discovered that crucial state evidence to secure convictions had been shredded by the Sebelius’ administration in 2005 and by her hand-picked attorney general in 2009.

Kline had to press the state supreme court justices to step aside from judging his appeal; now he is exposing the bias of one appellate replacement.

This is “another disturbing revelation about the lack of neutrality in the Kansas disciplinary and judicial systems,” said Condit. “I cannot say that those controlling the Kansas disciplinary process are deliberately stacking the deck against Mr. Kline. I just cannot imagine how things would be any different if they were,” Condit said.

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The stakes are high for Planned Parenthood of Kansas Mid-Missouri, as the prosecution for allegedly illegal late term abortions in 2003 inches closer to trial under Judge Stephen Tatum. After years of fits and starts, and with a July 11 scheduling hearing, the judge has still not confirmed whether there will actually be any trial.

Steve Howe, the District Attorney for the Kansas-City suburban district of Johnson County, is pursuing 58 of 107 criminal charges initiated by Howe’s predecessor, Phill Kline.  In November, the prosecution had to abandon 49 charges, including felony false-writings (forged patient forms), when it was discovered that both the Kansas health department (under Gov. Sebelius) and the Attorney General’s office (under Steve Six) had shredded paper evidence crucial for conviction.

The charges remaining are 29 counts for “unlawful failure to determine gestational age” and 29 counts of “unlawful late-term abortions”. On Tuesday, seven filings by Planned Parenthood attorneys were “unsealed” (made publicly available) and include

pre-trial special requests by Planned Parenthood attorneys for extensive written jury questionnaires, with special one-on-one closed door interviews with potential jurors.

While technically permissible to poll jurors on their fitness to serve (i.e. citizenship, ties to litigators or their own criminal record) this specific request –if granted– would prevent the public from hearing in open court how Planned Parenthood attorneys ask invasive questions including (according to the filing)

the juror’s “religious” concerns and “personal, as well as family members and close friends’ experiences with abortion”!

Planned Parenthood attorneys also (more…)

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Krishna Rajanna

Yesterday it was revealed that disgraced Kansas City abortionist Krishna Rajanna had thrown, into a school recycling bin, abortion patient records with extensive personal-identifying information while those files were still legally required to be retained and protected. (See KC Star here and here)

Rajanna was a failed surgical internist who came to do abortions at the Aid for Women Clinic in the inner-city area of Kansas City, Kansas. Following wage disputes with abortionist co-owners Malcolm Knarr and Sherman Zaremski, Rajanna opened his own “Affordable Abortions” competing clinic just three blocks away from Aid for Women.

In 2003, after former governor Kathleen Sebelius vetoed a bill to regulate abortion facilities, one of Rajanna’s staff secretly took photos of the clinic’s outrageous sanitation and safety violations. Open drug syringes and fetal parts were stored in the staff lunch refrigerator. Patient records were in open boxes on the floor in the kitchen. Two police officers, who were called to the clinic for a robbery report, refused to sit in the roach-infested clinic. (See photos here and related posts here, here and here.)

The local District Attorney could not get the state Board of Healing Arts to inspect the clinic premises, even though the Board had already privately issued disciplinary sanctions against Rajanna, (more…)

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D.A. Chad Taylor

Abortion news stories are often subjected to a Friday afternoon “news dump”—a practice intended to hide a story’s significance—but even by that standard the latest revelations about a Kansas investigation into document shredding was a doozie.

On February 17, Chad Taylor, the Democrat District Attorney for the jurisdiction of the capital city of Kansas, issued a press release saying he’d not be filing any criminal charges concerning abortion report copies needed for felony prosecution of Planned Parenthood. 

Because Taylor’s declaration of “no harm, no foul” was so full of errors (including essential dates and the job of a key informant), its summary disposition of the matter settled nothing other than that Taylor is not even in the right ball park.

However, be that as it may, Taylor’s statement signaled the conclusion of a sheriff’s investigation begun in November after it was asserted that copies of state reports from Planned Parenthood that should have been in the Attorney General’s office had been destroyed. These (more…)

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Mary Kay Culp, KFL Executive Director

In a speech given on the Kansas State Capitol steps last January, I said KFL’s 2011 legislative objectives reflected the recommendations of the Pennsylvania grand jury that investigated “House of Horrors” abortionist Kermit Gosnell.

Gosnell’s employees have already pleaded guilty to charges of murder, including the killing of one pregnant mother, and the routine killing of born-alive late-term babies. If you have the stomach for it, read the entire report.

The Gosnell grand jury said that to prevent this from ever happening again, one thing that had to change was for state inspectors to be allowed to review abortion files onsite. They pointed out that this, and every one of their strongly-worded recommendations, had been agreed upon by every member of the jury, representing the gamut of opinion on abortion.

Now, the Hodes-Nauser Center for Women’s Health clinic, with abortion lawyers at the Center for Reproductive Rights, have sued our state’s newly revised abortion clinic regulations that have replaced the temporary ones they sued in July.

The abortion industry complained loudly about the first set of regulations that (more…)

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Gov. Brownback

Wednesday, 49 of 107 charges against Planned Parenthood were regrettably withdrawn because the prosecution was hamstrung by evidence destruction– not only by the department of health (KDHE) but also by the office of former Attorney General Steve Six!

Shortly afterwards, current AG Derek Schmidt released news that he had secured an independent investigation into evidence allegedly shredded under Six. The Topeka Capital Journal reported: “The KDHE deferred all comments on the case to

Gov. Sam Brownback’s office, which described Wednesday’s revelations into the case as “deeply concerning” and supported Schmidt’s decision to appoint an independent investigator.”

AG Schmidt asked the Shawnee County (Topeka) Sheriff’s Office to conduct an investigation into the destruction of documents, especially Induced Termination of Pregnancy report copies (read more here).

Sheriff Dick Barta said, “Schmidt wanted to have Shawnee County investigate the case because the documents allegedly were destroyed by offices housed in Topeka, and because of the conflicts of interest Schmidt’s office has with the case. Those conflicts include (more…)

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D.A. Steve Howe- case hurt with evidence destruction by former AG office & KDHE

District Judge Steve Tatum today dismissed 23 felony charges and 26 related misdemeanor charges against Planned Parenthood because the original paperwork critical to proving the charges was destroyed by state officials in 2005 and 2009.

58 misdemeanor charges for illegal late-term abortions remain to be prosecuted, and the next hearing is scheduled for Feb. 22.

UPDATE: AG Schmidt reveals investigation into evidence destruction under AG Six

Kansans for Life Executive Director, Mary Kay Culp, attended today’s hearing and said that Planned Parenthood’s attorney again went on a diatribe against Phill Kline and how the case had always been without merit. Culp commented:

“Despite Planned Parenthood’s pathetic efforts to once again use Phill Kline as a distraction, the facts are that two judges found probable cause to believe Planned Parenthood committed felonies, and the only reason it can’t be proved is selective and purposeful destruction of evidence at what may have been the very highest level of Kansas government.

At least four things need to happen:

  • a full scale investigation by current AG Schmidt of the destruction of evidence,
  • possible ethics charges against former AG Steve Six and co-conspirators,
  • a vigorous prosecution of Planned Parenthood by D.A. Howe for the remaining charges of illegal late-term abortions, and
  • a full review of this case in its entirety by the Kansas Legislature.”

The paperwork in question are the ‘Induced Termination of Pregnancy’ compliance forms (called ITOPs) submitted (more…)

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