Dr. Goodwin determined the gram weight of the aborted fetus by analyzing the pathology report. The gram weight indicated the fetus was much later in gestation than Planned Parenthood claimed and it was Dr. Goodwin’s conclusion that every single abortion performed in the 29 records obtained was on a viable fetus and, therefore, was illegal.
This allegation was also supported by other witnesses and a review of the files from Dr. Tiller’s clinic in Wichita. Doctors who performed abortions for Planned Parenthood would also perform abortions at Dr. Tiller’s clinics. Eyewitnesses and records revealed that when those doctors were at Dr. Tiller’s clinic they engaged in the same conduct – misrepresenting the gestational age of the fetus in order to justify illegal late-term abortions.
It is not surprising the District Attorney does not understand the charges as, to my knowledge, his office did not contact any of these witnesses, obtain any of the records relating to Dr. Tiller’s clinic, never acted to preserve the testimony of Dr. Goodwin nor tried to contact anyone involved in the initial investigation.
The news release also claims that it was necessary to dismiss some of the older charges because the statute of limitations prohibited the filing of those charges. This statement ignores the claim that Planned Parenthood misrepresented the gestational age of the fetus thus tolling the statute of limitations.
In November of last year the District Attorney announced that he was dismissing the 23 felony charges against Planned Parenthood because documents key to that prosecution were destroyed by the Kansas Department of Health and Environment in 2005, at a time the agency was managed by former Kansas Governor Kathleen Sebelius.
Mr. Howe also announced that Sebelius appointee, former Attorney General Stephen Six, destroyed other key evidence in May of 2009 at a time Mr. Six knew the records were part of a criminal prosecution against Planned Parenthood. This obstruction by the Sebelius Administration and her appointees was harmful to the case but not fatal. The necessary records to proceed were in the possession of Shawnee County District Court Judge Richard Anderson who recently reported that Mr. Howe’s office never made any written request for the records. The District Attorney’s office also had a set of copies.