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Posts Tagged ‘Steve Six’

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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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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Abortion reports gone under Gov. Sebelius in 2005

Another layer to the depth of the Sebelius abortion corruption has been revealed with today’s AP report (here, updated here) that in 2005 the Kansas health department (KDHE) destroyed the state late-term abortion reports at the heart of the felony charges against Planned Parenthood.

The pre-trial hearing for felony “false-writing” charges had been scheduled for Monday Oct. 24, 25 and 26 in the Johnson County.   Since the original “official” Kansans Department of  Health and Environment (KDHE) abortion reports have now been discovered as destroyed, the Johnson County District attorney’s office is asking for a delay so they can engage other witnesses to verify the authenticity of copies of the state reports.

The state reports are verifications that abortionists send to KDHE for statistical purposes, and are annually tabulated and published. Copies of those reports are required to be kept in the patient medical files. Of crucial importance is that these reports fail to provide valid medical reasons why banned post-viability abortions were performed. They are evidence of illegal abortion.

Planned Parenthood tells the AP that they “recently” became aware of the destruction and that it was not done at their request. What is not yet known is

  1. when exactly Planned Parenthood knew;
  2. whether paper copies or electronic files—or both—were destroyed;
  3. who actually did the deed and under what orders;
  4. whether other reports from George Tiller were destroyed;
  5. whether similar reports in other years have been destroyed.

KFL Executive Director, Mary Kay Culp, commented, “Only guilty people destroy evidence!  Not even we anticipated Sebelius and her administration could stoop this low (more…)

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U.S. Sens. Moran & Roberts (KS Health Institute photo)

Kansans for Life applauds U.S. Senators Pat Roberts and Jerry Moran for their actions causing the Senate Judiciary to halt further consideration of former Kansas AG Steve Six for the 10th circuit appeals court.

Both pro-life Senators sent a letter Monday asking that the judiciary committee not process Six’s nomination and the Democrat committee chairman, Sen. Patrick Leahy, announced this morning that the committee would not proceed with Six today. (More details are in this AP story.)

This looks like a dead end for Six but it is not technically over until President Obama withdraws the nomination.

Kansans for Life’s well-documented opposition to Six includes his actions to gag a judge, keep state reports unaccessible, and refuse redacted medical files to a Wichita grand jury (see here  and here and here).

Six acted in a highly partisan and indefensible way to inhibit abortion business prosecutions and continue with the pro-abortion actions of his predecessor, Paul Morrison.

An endorsement letter of Six from retiring 10th Circuit judge Tacha seemed to promise that Six would act impartially when he wasn’t “required to factor in policy calls that are required in the executive branch.”  That was a tacit admission that, as Attorney General, Six had bowed to the abortion protection demands of then-Gov. Kathleen Sebelius.

Those who want to express their gratitude to the Senators may contact their local offices or use email to thank them; here are Roberts’ office contacts and Moran’s office contacts.

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Planned Parenthood of Kansas Mid-Missouri is one step closer to trial, and they can no longer rely on patient privacy stalling tactics, or an abortion-protecting AG, to buy them more time.  A four-day pre-trial hearing is set for Oct. 24 to tackle 23 criminal charges that PP falsified patient records.

In court Friday, Judge Tatum failed to grant special arrangements (for factually insupportable threats to patient privacy) that Planned Parenthood had petitioned for in April (see here), as the prosecutors assured the court that all records are “under lock and key”.

Current Johnson County District Attorney, Steve Howe, and assistant Chris McMullin– both seasoned prosecutors–rejected Planned Parenthood’s demands as unreasonable and quite insulting:

“The Office of District Attorney for the Tenth Judicial District has vast experience in presenting evidence of a sensitive nature in open Court…For instance, this office routinely prosecutes sexual assault cases. Victim records, including colposcope photographs of genitals, are presented in court, in a discrete manner. Pornography depicting minors is routinely presented in court. Are these items any less deserving of privacy and respect? The litigants have clear direction from this State’s highest Court regarding the handling of the patient records, and these directions will be followed. There is no need for expensive, complicated additional procedures to correct a problem that does not exist.”

The prosecutor’s written, filed response (here) also berated Planned Parenthood for trying to “insinuate itself into the process of a lawful subpoena of government records” and for incorrectly “lumping together” patient medical records with limited-information statistical reports as if both need the same types of protective handling.

This intentional mischief of mischaracterizing types of evidence, and the personal information contained (and not contained) within, has served Planned Parenthood well in confusing the media, and the public, in these criminal proceedings, as well as in the 2007/2008 citizen-petitioned grand jury against Planned Parenthood. (more…)

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Tacha, Six's mentor, promises he'll behave

The Democrat-controlled Senate Judiciary committee once again deferred a vote on the court of appeals nomination of Steve Six.

This is great news for pro-lifers in the 10th circuit states of Kansas, Colorado, Oklahoma, New Mexico, Utah, and Wyoming, and dismal news for the abortion interests suing new pro-life laws in those states, which—on appeal—could go to the very court Six wants to join.

The delayed vote came despite a letter campaign of support from deans of his alma mater law school, past Kansas AG Bob Stephan and 29 Attorneys General.

But it was the letter from the retired judge, Deanell Tacha, whom Six wants to replace, and for whom he clerked in 1993-94, that was the most telling:  Tacha seemed to promise that his protection of abortion interests under Gov. Sebelius was over!  Tacha’s letter was quoted by the Associated Press and LJWorld as saying:

“Six had to make difficult decisions as attorney general and as an appellate judge he wouldn’t be required to factor in policy calls that are required in the executive branch.”

“Instead, I know from working (more…)

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Excerpt of state violations v Kansas PP

Planned Parenthood filed suit today to get the court to force Kansas to give them nearly one-third million dollars in tax money. (see court filings: motion here. memo here, and complaint here)

The newly approved  Kansas Budget directs that family planning services financed in any way under “Title X” federal rules must be contracted primarily with public health clinics and secondarily with qualified non-public hospitals or health centers that provide comprehensive health care–primary and preventative.

In plain language, Kansas wants to support the local health clinics that see patients of all ages and provide a wide range of services including immunizations, screenings, physicals, and referrals.  These health clinics are easily accessible, important to a community, and serve the poor.

By definition of their limited practices, Planned Parenthood fails in this mission. (more…)

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