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Archive for the ‘Kansas Abortion Corruption’ Category

Charles Robinson, Kansas 1st gov

Kansas’ first Governor, Charles Robinson

Those who make a career out of praising abortionists who specialize in aborting children in the second and third trimester never fail to offer an annual tribute to George Tiller, the infamous Wichita, Kansas, abortionist who was killed on May 31, 2009.

The lengths to which his admirers will go was never more on display than last Friday when abortion promoter, Carol Joffe, absurdly compared Tiller with Charles Robinson, an important anti-slavery figure in Kansas history.

Robinson practiced medicine for about 10 years,  mostly in Massachusetts, before moving to Kansas in 1854. He become a leader of the Free Staters, and later, first governor of Kansas as a territory and then again when it became a state.

Joffe writes,“Though these men lived more than a century apart and became committed to different political causes, there are a number of striking similarities in their histories. Each, from a starting point as a quite conventional physician, changed his life plan in response to social conditions he found unacceptable.

To equate Robinson’s civic leadership against slavery with Tiller’s abortion promotion is nothing short of nauseating.

The only true similarities they share is that they both took instruction in medicine and lived in Kansas. In reality, they are polar opposites.

  • Robinson abhorred violence. Tiller’s grisly abortion business was the epitome of violence against the unborn.
  • Robinson fought political corruption. Tiller’s business thrived on the corruption of abortion support in Kansas government.
  • Robinson insured Kansas would not join the union with the immorality of slavery. Tiller spent enormous amounts to make Kansas the late-term abortion capitol of the nation.

Joffe continues her bizarre comparison with this assertion, “Were Charles Robinson and George Tiller alive today, they no doubt would be dispirited by the political situation of their beloved state… [enduring] a relentless barrage of abortion restrictions.”

Assuredly, while Tiller would not appreciate the pro-life laws passed since 2011, historical facts indicate Robinson would support them:

  1. Robinson traversed in the same ideological circles with iconic pro-life suffragettes and was related by marriage to several, including Elizabeth Blackwell and Lucy Stone.
  2. While Congress was drafting the Fourteenth (Equal Protection) Amendment, and the 1866 Civil Rights Law, the U.S. Medical & Surgical Journal published an essay on abortion that simply declared;”The true scientific position is this: from the moment of conception, when the spermatozoa coalesces with the cell wall of the ovule, the ovum is a distinct human being.”
  3. By 1880, nearly every state and territory had new legislation that made it a serious crime to induce abortions unless the mother’s life was in danger.

There is not one logical reason to link Robinson with an infamous late-term abortionist.  Our first governor was a civil-rights crusader who would have in all likelihood applauded pro-life Gov. Sam Brownback for signing so many pro-life laws, including this year’s historic Unborn Child Protection from Dismemberment Abortion Act.

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Former Texas State Senator and failed gubernatorial candidate Wendy Davis, was caught on video Saturday saying tragic medical conditions cause all late-term abortions.

However, ten years of Kansas abortion statistics demolish that claim, as well as a recent radio interview of Kansas ex-abortionist, Kris Neuhaus.“An associate of George Tiller,” Neuhaus admitted that most late-term abortions were due to teens in denial.

Let’s look first at Davis’ response, to a friendly-sounding questioner who asked, ‘how does a pro-choicer defend aborting seven-pound babies?’ (This is a reference to Sen. Rand Paul’s recent challenge that Democrat pro-abortionists, such as DNC Chair Rep. Debbie Wasserman Schultz, be forced to answer that question.) Davis said,

“First of all that never happens. It never happens. It really never happens. And, the only time that late-term abortions occur is when something has gone horribly wrong and either the mother’s life is in danger or the child’s life is in a very precarious situation.

So ”it never happens, but when it does…. Davis’ answer is what abortion industry media advisors want the public to hear– that “late” abortion is crucial to saving mothers’ lives and ending the lives of unborn children diagnosed with medical challenges.

But that’s not what ten years of abortion statistics from the Kansas health department (KDHE) indicate.

From mid-1998 to mid-2007, there were 5,179 abortions 20 weeks post-fertilization reported to KDHE. Post-20 week abortions were not obtainable after the Tiller clinic closed in June 2007. Such abortions were then banned by law effective July 2011.

In all of these 5,179 late-term abortions, 41% of the total were reported as performed on a “non-viable” pregnancy. Only 13 of them cited a specified fetal malady.

In all ten years’ statistics, there was only one medical emergency listed (although undescribed) and not a single one of the 5,179 late-term abortions were reported as done to save the mother’s life. None.

So the remaining three fifths of Kansas late-term abortions were performed on viable unborn children without explanation. No physical medical conditions, much less “horrible” ones for those mothers, have ever been reported. Nada, Zero.

Moreover, during 1998 and 1999, when the partial-birth method was still in use in Kansas, all those abortions were specifically reported as performed for the mother’s “mental health.”

That’s why Kris Neuhaus’ radio commentary last week is relevant.

In 1998 Kansas passed a law to ban post-20 week abortions UNLESS the woman would die or suffer ”substantial and irreversible” harm, as verified by an independent practitioner.

However, a loophole was created when then-Kansas Attorney General Carla Stovall opined that such irreversible harm could include mental health. And thus a job was made for a physician willing to claim that temporary anxiety was “substantial and irreversible” harm that could only be relieved by an abortion—not delivery of a child.

From 1999-2007 Neuhaus was an otherwise unemployed Kansas-licensed abortionist who was paid to come to Tiller’s Wichita abortion business to provide supposedly unbiased “second opinions” [approvals, that is] for abortion seekers.

Neuhaus, in a self-serving interview meant to rev up contributions to her new online “fund-me” event freely revealed that most late abortions were due to the immaturity of teens in denial about their pregnancy!

According to Neuhaus, the teens didn’t really understand their pregnant condition and didn’t want the family to know they’d been sexually active.

Neuhaus said that some late -term abortions were sought for fetal anomalies but insisted the majority are done for “maternal” non-medical reasons, notedly:“you have a bunch of young women who, for whatever reasons, have decided to put themselves at risk of an unintended pregnancy and then suddenly when confronted with that– don’t always deal with that in the manner that they might at the age of 20…so that really comprises the largest percentage of [late-term abortions] that were there strictly for maternal reasons.”

In fact, those kind of abortion-seeking teens were evidenced in her 2003 medical records, subpoenaed in 2004 by former Kansas Attorney General Phill Kline. Specifically, eleven cases were selected in which teens obtained third trimester abortions after Neuhaus “excused” them as being under threat of irreversible, psychological harm.

Those subpoenaed records were used by the state Healing Arts Board of Kansas to charge Neuhaus with improperly evaluating those vulnerable girls and breaking state regulations requiring a proper health record for each patient. (The Board revoked her medical license in 2012, and after reversal on appeal, again revoked her license this January, for which she again has filed an appeal.)

Contrary to the assertion of Wendy Davis, those eleven approximately ‘seven-pound’ babies were not aborted by those teens in 2003 because of bona fide medical tragedies. Nor were most of the late-term abortions obtained in Kansas, as ten years of state stats show.

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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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