Thursday, January 28, 2010

Kline deputy denies ethical misconduct

Posted by Justin Kendall on Thu, Jan 28, 2010 at 12:00 AM

click to enlarge Phill Kline
  • Phill Kline

A former deputy of Phill Kline is denying allegations of ethical lapses.

Earlier this week, Eric Rucker, the former chief of staff for Kansas Attorney General Phill Kline, filed a response denying allegations lodged by Kansas' disciplinary administrator that Rucker participated in, among other things, a scheme to identify adult patients of the late George Tiller's Wichita abortion clinic.

The disciplinary administrator claimed Rucker lied to the Kansas

Supreme Court, claiming he knew nothing about efforts to identify adult patients

of George Tiller's now-closed Women's Health Care Services as well as lied to the Kansas Supreme Court in 2005 about the inquisition.

Among the claims Rucker allegedly made to the Kansas Supreme Court:

  • the AG's office had investigated, but not

    subpoenaed, records of live births by girls under 16 (when they allegedly didn't);

  • the AG's office

    wasn't seeking "the identity of any adult woman who had obtained

    services by either of the clinics, nor will we ask for that identity"

    (when Rucker allegedly knew of the attempt to cross-reference the hotel

    records against the redacted abortion records obtained from the Kansas

    Department of Health and Environment);

  • telling Justic Donald Allegrucci that

    the AG's office did not know the names of any children

    who had received abortions (when they knew the names).

In his response, Rucker claims that identifying underage patients "was

key to the law enforcement objectives of the investigation to determine

whether evidence of sexual crimes against children was going unreported

and unprosecuted."

Rucker also goes on to say if Jared Reed,

then an agent in the AG's office, tried to ID adult patients, then he

did so without Rucker's knowledge and was not under "any request or

order to do so."

Rucker also admits knowing about "the effort"

to ID employees of Tiller's clinic and the names of guests of a Wichita

La Quinta. He says they were after the identities of minor patients who

may have been traveling to Tiller's clinic.

Rucker also denies

making any false or misleading statements during oral arguments during

the "Alpha Medical Clinic v. Anderson" and "state v. Tiller" cases.

Kansas Watchdog also has a "motion to reconsider," released by Rucker's attorney, Caleb Stegall.

In that internal document, Stegall notes an "investigative Report'

dated May 21, 2008, and created by the disciplinary administrator's

investigators. The investigators were charged with investigating

whether Kline was lying when he claimed he was not seeking the names of

adult patients of the abortion clinics. Stegall writes that the report

"clearly concludes that those allegations were not supported by

probable cause" and "we believe the record supports the notion that

respondent Kline did not seek the identities of adult women."

Stegall also cites a report by Judge David King,

who was appointed as a special master by the Kansas Supreme Court, and

concluded that Kline's subpoenas of hotel records were to identify the

identities of minor children who were patients of Tiller's clinic.

Further, Stegall also cites an opinion by Judge Clark V. Owens,

stating Kline as AG was seeking to "Identify the patients under the age

of 16 that had obtained abortions to see if the defendant had filed the

SRS report."


Rucker

is scheduled to go before the Kansas Board for the Discipline of

Attorneys on April 27 and 28.

A complaint was filed against Kline last week.
Rucker Response



Tags: , , , , , , ,

Comments (1)

Showing 1-1 of 1

Add a comment

Since you printed the ethics charge perhaps you would like to print the investigative report that clears Kline of wrongdoing. The Supreme Court did not release this report even though they've had it for 20 months. Why? Don't have a copy? I'll happily mail it to you to save you the trouble of actually investigating.

Patsy

report   
Posted by Patsy Nancy on January 28, 2010 at 8:53 PM
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

Latest in Plog

Author Archives

Most Popular Stories

Slideshows

All contents ©2012 Kansas City Pitch LLC
All rights reserved. No part of this service may be reproduced in any form without the express written permission of Kansas City Pitch LLC,
except that an individual may download and/or forward articles via email to a reasonable number of recipients for personal, non-commercial purposes.
Website powered by Foundation