www.chicagotribune.com/news/local/chi-auroraclinic_20_bothsep20,1,4605157.story

Chicago Tribune
Clinic battle intensifies in Aurora
Mayor seeks criminal probe of permit process
By James Kimberly

Tribune staff reporter

12:10 AM CDT, September 20, 2007

The Kane County state's attorney has been asked to see whether Planned Parenthood/Chicago Area committed any crimes in how it obtained a permit to build a clinic on the city's east side.

The request came from the City of Aurora and escalates an already contentious battle over a planned abortion clinic from a mainly procedural and civil dispute into a potential criminal one.

Kane State's Atty. John Barsanti said he was called Tuesday by Aurora Mayor Tom Weisner and asked to review the findings of two independent investigations into how Planned Parenthood got permits from the city.

"He wanted me to look to see if there were any criminal actions involved. That's what I would do normally," said Barsanti, who would not speculate on what kind of criminal activity he might find in the reports.

The attorney representing Planned Parenthood said Wednesday the organization had done nothing illegal.

"We're not aware of anything we've done wrong, nor has anyone reached out to us," said Christopher Wilson. "I'm extremely surprised and disappointed at that turn."

The City of Aurora and Planned Parenthood/Chicago Area will appear in U.S. District Court Thursday morning when U.S. District Judge Charles Norgle is expected to rule on Planned Parenthood's request for a preliminary injunction.

Planned Parenthood requested the injunction last week after being notified that the city would not allow it to open the clinic at Oakhurst Drive and New York Street until the city completed its investigations. The clinic had been scheduled to open Tuesday.

Planned Parenthood applied for permits to build a $7.5 million, 22,000-square-foot clinic, one of the organization's largest in the nation, under the name of a subsidiary, Gemini Office Development LLC. Planned Parenthood said it applied for the permits as Gemini to avoid alerting anti-abortion protesters to the construction project.

Planned Parenthood's involvement in the project was revealed in July, and soon after, the construction site became the scene of around-the-clock protests. Six-hundred people protested at the clinic Saturday and 30 people protested there Wednesday, Aurora police said.

The city originally had asked Chicago attorney Richard Martens to conduct an investigation into the accuracy of documents submitted and testimony given by Gemini officials. After objections to Martens, the city asked another attorney to investigate. Then objections were raised regarding that attorney. Both attorneys had started their reports but had not finished them, according to Weisner spokeswoman Carie Anne Ergo.

Barsanti said he has not yet received the reports.

Ergo said the city expects to receive reports from both attorneys by week's end and will turn them over to Barsanti. Ergo said the city does not intend to let the clinic open until Barsanti has reviewed the findings.

Copyright 2007, Chicago Tribune