The KS Supreme Court ruled today that a criminal case against a Planned Parenthood of Kansas and Mid-Missouri abortion mill in Overland Park can move forward.

The case was originally brought by Johnson Co. DA Phill Kline in 2007.

Kline charged PP with 23 felonies and 84 misdemeanors for falsifying records, committing illegal late-term abortions, and keeping incomplete state mandated records.

However, the Supremes provided conditions that will make at least one part of the case difficult to prosecute.

A judge previously handling the case for DA Kline (pictured left) testified that documents Kline forced PP to submit via subpoena did not match up to supposedly identical documents PP had submitted to the KS Dept. of Health, indicating PP falsified one or the other.

But the Supremes ruled today that KS law forbids the KS Dept. of Health from turning over its documents to the DA’s office. Explained

But the SC noted that KS’ abortion-reporting law says the health department can turn over its copies only to the attorney general or the state board that regulates doctors. The court said the DA’s office can’t get them – potentially hurting efforts to compare different copies in court.

Justice Carol Beier wrote in the court’s decision that the reporting law is “unambiguous” about which officials are entitled to obtain the reports.

So it is now up to the man who defeated Kline to become Johnson Co. DA, Steve Howe (pictured right), to decide whether he wants to continue prosecuting the case that the SC has handed back to him.

[HT: Operation Rescue]

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