Peter J. Smith

The Phill Kline saga: Planned Parenthood protected, children forgotten, the prosecutor prosecuted

Peter J. Smith
Peter J. Smith

LSN reporter Peter Smith gives an overview of his week at the Phill Kline trial in Topeka, Kansas. Peter is returning to Front Royal, Virginia tomorrow, but will continue his coverage of the trial as it resumes next week.

TOPEKA, Kansas, February 25, 2011 (LifeSiteNews.com) - The Phill Kline ethics trial has wrapped up its first week in Topeka, and after five days of eight hour interrogations of witnesses, the prosecution still has not rested its case. But the week has raised very serious (and disturbing) questions, not the least of which are why has Planned Parenthood been protected, why have raped children been forgotten, and why is the prosecutor who sought to protect them himself being prosecuted?

Objectively, the criminal investigation and prosecution that Phill Kline launched as attorney general has nothing directly to do with the political issues surrounding abortion. Trial testimony explained that the investigation was over the rule of law, and that Kline fulfilled a pledge he made to the voters of Kansas that he would do everything in his power to crack down on child rapists and make sure that law enforcement was receiving information about and prosecuting cases of child rape.

Despite the battle of the ethics trial, Phill Kline is usually seen smiling, confident, and serious. But there is one thing that makes him choke back tears when reporters talk to him: the hundreds of child rape victims he could not save as AG because his investigation was stonewalled over abortion.

“No one has looked into the credible evidence that children were being abused in this state, and no one was reporting it, and that should be a concern for Kansas,” Kline told reporters Thursday. (Yours truly, covering the event, is the man with the hat in the background in this video of that interview. Hat tip to our friends at Kansas Watchdog, and reporter Earl Glynn).

The testimony in this week’s trial revealed that the case began very simply: records from the state agency responsible for receiving child sex abuse reports seemed underreported. Officials with the Social and Rehabilitative Services (SRS) in 2003 told Kline that they had just over 1000 cases of child sex abuse reports for the whole state.

But there was a huge problem: SRS in Sedwick County, Kansas, reported they had just under twice that number of cases.

Kline’s chief investigator, Tom Williams, a former FBI agent with 31 years of experience (including the investigation of drugs, organized crime, white-collar crime, and public corruption) looked into the disparity. Judge Richard Anderson, Chief District Judge of Shawnee County, gave him a subpoena for SRS records.

He got just under 20,000 SRS reports of child sex abuse. After whittling them down, removing duplicates from several reporters of the same crime, Williams found 6,797 reports of child sex abuse in Kansas between 2001-2003, and more than 1800 reports of child sex abuse in Sedwick county.

But there are just four records in SRS showing reporting from abortion providers during that time. Kline’s office had KDHE subpoenaed by Judge Anderson in order to obtain the ID numbers for the reporting abortion providers. They discovered that out of the 166 cases of abortions on girls 14 years old and under, Comprehensive Health Planned Parenthood (CHPP) in Johnson County and George Tiller’s Women’s Health Care Services clinic had each reported just one case of child rape.

For Kline’s office, every one of those 166 cases - for just one year - represented 166 children who needed the help and intervention of the state against child sex abusers. But a case against child sex abusers can’t begin without names, and the only ones with the names were Planned Parenthood and George Tiller.

And that is where a straightforward case of law enforcement trying to save young girls from sexual predators goes awry.

Steve Maxwell, Kline’s chief prosecutor in the AG Criminal Division testified on the stand Friday that he thought it would have been the easiest case to handle. But it was the worst.

The reason? Both Planned Parenthood and Tiller obstructed Kline’s investigation, hiding behind the politically volatile issue of legal abortion. They resisted subpoenas for the children’s medical records, and made the whole case public when the “Alpha-Beta” case went to the Kansas Supreme Court. One likely reason is that the medical records also revealed that both abortion providers had been committing illegal late-term abortions on post-viable unborn infants over 22 weeks gestation - a criminal offense.

With a local press willing to color the Kline case as a legal witch hunt against abortionists, and the constant interference of a Supreme Court (five out of seven justices directly appointed by pro-abortion Gov. Kathleen Sebelius), Kline’s investigation became hopelessly bogged down. By the time they got the records, he ran out of time to execute his investigation and prosecution of child rapists. 

Eight years after launching an investigation into failures to report and prosecute child sex abuse (which included a live-births in under-age girls investigation), nothing has been done. Instead of child rapists being put on the stand, prosecuted, and convicted, former AG Phill Kline has been put on the stand, and prosecuted (in an ethics trial), and if convicted faces the loss of his law license.

What is more, a conviction of unethical conduct would help Planned Parenthood escape the criminal charges it currently faces, because Kline was able to successfully file a criminal case against them as District Attorney of Johnson County: 107 criminal counts, including 23 felonies, related to failures to report child rape, falsification of documents, and illegal late-term abortions.

But the fact remains that after eight years, the state of Kansas has not investigated who were the victims of child rape that Kline was seeking to protect. A law passed in 2006 requires abortionists to send a tissue sample of the aborted baby in order to help law enforcement identify victims.

Hundreds of child victims are still unknown, and many of their rapists are possibly at-large, needing to be brought to justice - and would have been, had the public, the press, and the state demanded that equal application of law apply to abortionists. And that is the very demand that a grand jury in Pennsylvania made when they said they were appalled that state officials deliberately ignored reports of abortionist Kermit Gosnell’s “house of horrors,” because keeping an abortionist in business took precedence over the law.

The tragedy in the Phill Kline case is that the very children he meant to save and protect as AG remain anonymous, their current status, condition, or suffering unknown.

In the meantime, the state disciplinary board for attorneys allocates public resources to determine whether Kline and his subordinates acted properly from start to finish.

See the complete list of LSN stories by Peter Smith on the Kline trial:

* 107-count criminal case begins against Planned Parenthood in Kansas
* Phill Kline ethics trial: Day 1 – Live update
* Kansas abortionists failed to report 166 potential cases of child rape: Phill Kline trial day 2
* Phill Kline attorney makes witness sweat in Planned Parenthood ethics complaint case
* DA’s diary snatching brings new twist to Phill Kline ethics trial, potential crime
* Kansas Travesty: 249 child-age abortions over 3 years, just four sex abuse reports: Kline Hearings
* Kansas judge testifies ‘probable cause’ existed to investigate criminal PP activity: Kline Hearings
* Kline did not violate judge’s order in secret Planned Parenthood case: judge’s legal counsel
* Planned Parenthood gambit: beat Phill Kline charges, defeat Live Action?
* Former Tiller attorney combed CD of sensitive records from Kline investigation 
* The Phill Kline saga: Planned Parenthood protected, children forgotten, the prosecutor prosecuted
* Day 6 trial: Kline protected sexual assault victim privacy, Tiller compromised patient privacy
* Video: Kline says ‘those in power’ blocked Planned Parenthood, Tiller investigation
* Witness: Phill Kline didn’t need/want adult patient names
* Prosecutor tells investigator: we don’t have to accept report clearing Phill Kline
* UPDATE: Kline tells ethics panel, ‘You are violating my due process rights!’
* ‘It is wrong!’: Phill Kline blocked from presenting full defense, calling all witnesses
* Phill Kline: Kansas Supreme Court ‘obstructed’ child rape investigation to save Planned Parenthood
* Phill Kline ethics trial adjourns for now: battle has cost him $200,000 says Kline

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Vatican’s doctrine chief: ‘Absolutely anti-Catholic’ to let bishops conferences decide doctrine or discipline

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By John-Henry Westen

VATICAN, March 26, 2015 (LifeSiteNews.com) - Cardinal Gerhard Ludwig Müller, prefect of the Congregation for the Doctrine of the Faith, has rejected outright the idea floated by Germany’s Cardinal Reinhard Marx that various bishops’ conferences around the world would decide for themselves on points of discipline or doctrine. 

“This is an absolutely anti-Catholic idea that does not respect the catholicity of the Church,” Cardinal Müller told France’s Famille Chrétienne in an interview published today

The question was raised because Cardinal Marx, the head of the German Catholic bishops’ conference and a member of Pope Francis’ advisory Council of Nine, told reporters that the German bishops would chart their own course on the question of allowing Communion for those in “irregular” sexual unions.

“We are not a subsidiary of Rome,” he said in February. “The Synod cannot prescribe in detail what we should do in Germany.”

Vatican Cardinal Müller remarked that while episcopal conferences may have authority over certain issues they are not a parallel magisterium apart from the pope or outside communion with the bishops united to him.

Asked specifically about Cardinal Marx saying that the Church in Germany is “not a subsidiary of Rome,” the head of the Congregation for the Doctrine of the Faith said pointedly “the president of an Episcopal Conference is nothing more than a technical moderator, and as such has no special teaching authority.”  He added moreover, that the dioceses in a particular country “are not subsidiaries of the secretariat of an Episcopal conference or diocese whose Bishop presides over the Episcopal Conference.”

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The CDF head warned that “this attitude makes the risk of waking some polarization between the local churches and the universal Church.” He did not however believe that there was the will for Episcopal conferences to separate from Rome.

The important interview also saw Cardinal Müller contest the notion that the pastoral practice or discipline could change while retaining the same doctrine. “We can not affirm the doctrine and initiate a practice that is contrary to the doctrine,” he said.

He added that not even the papal Magisterium is free to change doctrine. “Every word of God is entrusted to the Church, but it is not superior to the Word,” he said. “The Magisterium is not superior to the word of God. The reverse is true.”

Cardinal Müller rejected the notion that we would have to modify Christ’s unflinching words totally forbidding divorce and remarriage.  We cannot “say that our ministry should be more cautious than Jesus Christ Himself!”  Nor could we, he added, say that Christ’s teaching is out of date or that “we need to correct or refine Jesus Christ because He lived in an idealistic world.” 

Rather, the cardinal said, bishops must be ready for martyrdom.  Quoting Jesus he said, “Blessed are you when people insult you and persecute you, and if we speak all kinds of evil against you because of me.”

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‘Groundbreaking’: Kansas may become first state to ban dismemberment abortions

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By Ben Johnson

TOPEKA, KS, March 26, 2015 (LifeSiteNews.com) – Kansas will become the first state in the country to ban a procedure in which unborn children are dismembered in the womb, if Gov. Sam Brownback signs a bill that recently passed the state legislature.

The state House passed a ban on dilation and evacuation (D&E) abortions, called dismemberment abortions in common parlance, by 98-26 on Wednesday.

The Unborn Child Protection from Dismemberment Abortion Act, which had already passed the state Senate in February 31-9, now heads to Gov. Brownback's desk.

Brownback, a staunch defender of life, is expected to sign the act into law.

"Because of the Kansas legislature's strong pro-life convictions, unborn children in the state will be protected from brutal dismemberment abortions," said Carol Tobias, president of the National Right to Life Committee, which has made banning dismemberment abortions a national legislative focus.

The procedure, in which an abortionist separates the unborn child's limbs from his body one at a time, accounts for 600 abortions statewide every year.

Nationally, it is “the most prevalent method of second-trimester pregnancy termination in the USA, accounting for 96 percent of all second trimester abortions,” according to the National Abortion Federation Abortion Training Textbook.

“It’s just unconscionable that something happens to children that we wouldn’t tolerate being done to pets,” Katie Ostrowski, the legislative director of Kansans for Life, told The Wichita Eagle.

Leading pro-life advocacy groups have made shifting the debate to dismemberment a national priority, with similar legislation being considered in Missouri and Oklahoma. Mary Spaulding Balch, J.D., who is NRLC's director of state legislation, called the bill's passage in Topeka “groundbreaking.”

"When the national debate focuses only on the mother, it is forgetting someone," she said.

The abortion lobby has made clear that it is uncomfortable engaging in a public relations tussle on this ground.

Elizabeth Nash, the senior state issues associate of the Guttmacher Institute, said that dismemberment is “not medical language, so it’s a little bit difficult to figure out what the language would do.”

On the state Senate floor, Democrats tried to alter the bill's language on the floor by replacing the term “unborn child” with fetus. “I know some of you don’t believe in science. But it’s not an unborn child, it’s called a fetus,” said state Senator David Haley, D-Kansas City.

If the bill becomes law, the abortion industry has vowed to fight on.

Julie Burkhart, a former associate of late-term abortionist George Tiller, said the motion's only intention is “to intimidate, threaten and criminalize doctors.”

“Policymakers should be ashamed,” she said, adding, “if passed, we will challenge it in court.”

Gov. Brownback has previously signed conscience rights protections and sweeping pro-life protections into law.

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How NOT to move beyond the abortion wars

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By Anne Hendershott

March 26, 2015 (CrisisMagazine.com) -- A few years ago, when an undergraduate student research assistant of mine—a recent convert to Catholicism—told me that he was planning to meet with a well-known dissenting Catholic theology professor who was then ensconced in an endowed chair at a major metropolitan Catholic university, I told him: “Be careful, you might end up liking him too much.” I jokingly told my student not to make eye contact with the theologian because he might begin to find himself agreeing with him that Catholic teachings “really allow” for women’s ordination and full reproductive rights—including access to abortion.

I was reminded of that conversation this week when I began reading a new book by yet another engaging Catholic theology professor at a major metropolitan university who also claims (pg 6) that the argument he puts forward in his book, Beyond the Abortion Wars, is “consistent with defined Catholic doctrine.” Written by Charles Camosy, associate professor of theology at Fordham University, the new book purports to be in line with Catholic teachings and promises “a way forward for a new generation.” But, Camosy delivers yet another argument for a woman’s right to choose abortion when confronted with an unborn child that he has described—in the past—as an “innocent aggressor.”

Indeed, Camosy has spent much of his career trying to convince us that he knows Catholic teachings better than the bishops. Criticizing Bishop Olmsted for his intervention and excommunication of a hospital administrator for her role in the direct abortion at a Phoenix Catholic hospital, Camosy suggested in 2013 that “the infamous Phoenix abortion case set us back in this regard.” Implying that Bishop Olmsted was not smart enough to understand the moral theology involved in the case, Camosy claimed that “The moral theology in the case was complex—which makes the decision to declare publicly that Sr. McBride had excommunicated herself even more inexplicable. The Church can do better.” For Camosy, “Catholics must be ready to help shape our new discussion on abortion. And we must do so in a way that draws people into the conversation—not only with respectful listening, but speaking in a way that is both coherent and sensitive.”

This new book is likely Camosy’s attempt to “draw people into the conversation.” But, there is little in his book that is either coherent or sensitive. Claiming to want to move “beyond” the abortion wars, Camosy creates an argument that seems designed to offend the pro-life side, while giving great respect to those who want to make sure abortion remains legal.

Especially offensive for pro-life readers will be Camosy’s description of the abortifacient, RU-486 as a form of “indirect abortion.” The reality is that RU-486, commonly known as the “abortion pill,” effectively ends an early pregnancy (up to 8 weeks) by turning off the pregnancy hormone (progesterone). Progesterone is necessary to maintain the pregnancy and when it is made inoperative, the fetus is aborted. For Camosy, who claims that his book is “consistent with settled Catholic doctrine,” this is not a “direct” abortion. To illustrate this, Camosy enlists philosopher Judith Jarvis Thompson’s 1971 “Defense of Abortion”—the hypothetical story of the young woman who is kidnapped and wakes up in a hospital bed to find that her healthy circulatory system has been hooked up to a famous unconscious violinist who has a fatal kidney ailment. The woman’s body is being used to keep the violinist alive until a “cure” for the violinist can be found. Camosy makes the case—as hundreds of thousands of pro-choice proponents have made in the past four decades—that one cannot be guilty of directly killing the violinist if one simply disconnects oneself from him. Likewise, for Camosy, simply taking the drug RU 486 is not “directly” killing the fetus. He writes:

The drugs present in RU 486 do not by their very nature appear to attack the fetus. Instead, the drug cuts off the pregnancy hormone and the fetus is detached from the woman’s body…. Using RU 486 is like removing yourself from [Judith Jarvis Thompson’s] violinist once you are attached. You don’t aim at his death, but instead remove yourself because you don’t think you have the duty to support his life with your body…. Some abortions are indirect and better understood as refusals to aid (pp 82-83).

Perhaps there are some readers who will find Camosy’s argument convincing, but I am not sure that many faithful Catholic readers will agree that it is consistent with settled Catholic doctrine.

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As one who is hardly a bystander in the abortion wars, I wanted to like this book. As an incrementalist who celebrates every small step in creating policy to protect the unborn, I had high hopes that this book would at last begin to bridge the divide. A decade ago, in my own book, The Politics of Abortion, I joined the argument begun by writers like Marvin Olasky in his Abortion Rites: A Social History of Abortion in America, that it is more effective to attempt to change the hearts and minds of people than to create divisive public policy at the federal level. I share Charles Camosy’s desire to end the abortion wars—but this war cannot end until the real war on the unborn ends. This does not mean that the two sides cannot work together—battling it out at the state level—where there is the opportunity for the greatest success. But, complex philosophical arguments on whether RU 486 is a direct or indirect form of abortion are not helpful to these conversations.

Camosy must know that we can never really “end” the abortion wars as long as unborn children are still viewed as “aggressors” or “invaders” and can still be legally aborted. Faithful Catholics know that there is no middle ground on this—the pro-life side has to prevail in any war on the unborn. It can be done incrementally but ground has to be gained—not ceded—for the pro-life side. Besides, Camosy seems a bit late to the battlefield to begin with. In many ways, he seems to have missed the fact that the pro-life side is already winning many of the battles through waiting periods, ultrasound and parental notification requirements, and restrictions on late term abortion at the state level. More than 300 policies to protect the unborn have been passed at the state level just in the past few years. The number of abortions each year has fallen to pre-Roe era levels—the lowest in more than four decade.   Much of these gains are due to the selfless efforts of the pro-life community and their religious leaders. Yet, just as victory appears possible in many more states, Camosy seems to want to surrender by resurrecting the tired rhetoric—and the unconscious violinists—of forty years ago.

While it is disappointing, it is not unexpected considering Camosy’s last book lauded the contributions of Princeton’s most notorious professor, Peter Singer—the proponent of abortion, euthanasia and infanticide. Claiming that Singer is “motivated by an admirable desire to respond to the suffering of human and non-human animals,” Camosy’s 2012 book, Peter Singer and Christian Ethics: Beyond Polarization, argues that, “Though Singer is pro-choice for infanticide, on all the numerous and complicated issues related to abortion but one, Singer sounds an awful lot like Pope John Paul II.”  In a post at New Evangelical Partnership for the Common Good, a progressive organization led by Rev. Richard Cizik (a former lobbyist for the National Association of Evangelicals who was removed from his position because of his public support for same sex unions, and his softening stance on abortion) Camosy wrote that he found Singer to be “friendly and compassionate.”  Camosy currently serves on the Advisory Board of Cizik’s New Evangelical Partnership—where he has posted Peter Singer-like articles including: “Why Christians Should Support Rationing Health Care.”

One cannot know the motivations of another—we can never know what is in another’s heart so it is difficult to know why Charles Camosy wrote this book. It must be difficult to be a pro-life professor at Fordham University—a school known for dissenting theologians like Elizabeth Johnson. But, if one truly wants to advance a culture of life in which all children are welcomed into the world, it would seem that inviting Peter Singer to be an honored speaker to students at Fordham in 2012 is not the way to do it, nor would claiming that RU-486 “may not aim at death by intention.” Perhaps it is unwise to continue to critically review Camosy’s work from a Catholic perspective because it gives such statements credibility—and notoriety. But, as long as Camosy continues to claim that his writings and policy suggestions—including his newly proposed “Mother and Prenatal Child Protection Act”—are “consistent with defined Catholic doctrine,” faithful Catholics will have to continue to denounce them.

Reprinted with permission from Crisis Magazine. 

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