The District Attorney also did not follow up on evidence that demonstrated that Planned Parenthood was illegally referring patients to Dr. Tiller to perform abortions Planned Parenthood knew to be illegal. Planned Parenthood records demonstrated that some of their patients, according to Planned Parenthood, were carrying a healthy viable late-term fetus. Planned Parenthood also reported the mothers were physically and mentally healthy.
Under Kansas law an abortion of a healthy viable fetus is illegal unless the birth of the child would cause the mother “severe and irreversible impairment of a major bodily function.” Despite the fact that Planned Parenthood concluded the mother was healthy and the fetus was viable, Planned Parenthood, nevertheless, referred the patients to Dr. Tiller who performed illegal abortions on these patients. This evidence was not pursued by the District Attorney.
The investigation included employee and patient informants who, to my knowledge, were never contacted by the District Attorney’s office.
This evidence was reviewed by independent District Judges who found probable cause to believe Planned Parenthood committed crimes. In fact, in every single instance the evidence was reviewed, probable cause was found. Yet now, none of these charges will ever reach open court.
The law allows a prosecutor the discretion to abandon prosecutions against powerful defendants – even when judges have found probable cause for the case to move to trial. This fact, however, does not make this decision correct but only demonstrates the District Attorney acted out of political fear rather than a sound understanding of the law, the facts or the case.