Grand Jury Impaneled to Investigate Kansas Abortion Clinics
By Randall K. O'Bannon, Ph.D.

Editor's note. Please send your comments to daveandrusko@hotmail.com.

Many in Kansas have charged that abortion clinics in the state have flouted Kansas's laws on suspected cases of statutory rape and late-term abortions while authorities looked the other way. In response they turned to an available legal avenue that allowed them to petition to have a grand jury impaneled to consider bringing charges.

The petition drive succeeded, despite challenges from pro-abortionists, and on Monday District Court Judge Kevin Moriarty selected a panel of eight women and nine men (two of them are alternates). The grand jury will look into the charges laid out in a citizens' petition-- signed by more than 6,400 Johnson County voters--that a Planned Parenthood clinic from Overland Park had violated Kansas' abortion laws.

Moriarty selected the names at random from a pool of 40 names and told the jurors "the mere fact that you have a strong conviction one way or the other does not disqualify you as a juror," adding, "But you must be able to sit as fair and impartial triers of the facts."

According to the Kansas City Star, "The jurors are expected to meet periodically for three months; their length of service could be extended if the judge deems it appropriate."

Grand juries conduct their work behind closed doors and have the power to subpoena witnesses and records. If they find what they believe to be sufficient evidence, they can bring indictments against individuals or corporate entities.

The formation of the grand jury is the latest in a long line of events related to Kansas' laws and abortion clinics. While serving as Kansas' Attorney General, Phill Kline (who is now Johnson County District Attorney) sought records from at least two abortion clinics.

He sought to determine if they were in compliance with Kansas' laws on abortion and the reporting of suspected cases of statutory rape. The Overland Park clinic was one of those Kline investigated.

Under Kansas law, medical professionals are required to report any instances of suspected sexual abuse to young women under the age of 16. Kansas law also requires that before performing an abortion, a physician must determine and document the gestational age of the fetus.

If the child's gestational age is 22 weeks or more, the physician is to determine and document whether the child is viable. Abortion of a viable fetus is prohibited unless another physician not legally or financially affiliated with the abortionist documents that the abortion is necessary to preserve the life of the mother or that the continuation of the pregnancy would cause "substantial and irreversible impairment of a major bodily function of the pregnant woman."

Kline's request for the clinic records was challenged in court. He did not receive these documents until February 2006, when the Kansas Supreme Court ruled he could have them as long as any patient-identifying information was removed.

Kline lost his bid for re-election to Democrat Paul Morrison in November 2006. The following June Morrison officially exonerated the Overland Park Planned Parenthood clinic.

This would have brought the matter to a halt, except: 1) for the Kansas grand jury statute, which allows citizens to bring charges if they feel state officials were reluctant to do so; and

2) Kline's selection as the district attorney for Johnson County, which enabled him to bring charges using the records he still had.

Concerned citizens of Johnson County began their petition drive for a grand jury on September 30, 2007 and turned their signatures over to county officials on October 26.

The Associated Press (AP) noted, "The Planned Parenthood clinic in Overland Park already is at the center of a large criminal case."

While signatures were being collected for the grand jury petition, Kline was filing charges of his own against the Overland Park clinic--"87 criminal counts against the clinic, including 23 felonies," according to the AP.

Both cases are now proceeding through Johnson County courts.

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