Info in Kline charges edited (for length) and emphasis added by Mary Kay Culp, Kansans for Life

Kansas law KSA 65-6703 requires that if an abortionist suspects an unborn child is around 22 weeks along,  he must determine if the baby is viable, that is, capable of living outside the womb with or without medical help (22-23 weeks is generally regarded as when a baby could live outside the womb).

If the abortionist determines that the baby is “viable”, then the abortion can only be performed if a second doctor who is NOT financially or legally affiliated with the abortionist agrees with the abortionist that it is necessary because the mother is going to die (no such cases in Kansas since records started being kept in 1998), or she will suffer a substantial and irreversible impairment of a major “bodily” function. (Former Attorney General Carla Stovall issued an opinion in 2000 that “major bodily function” includes risks to mental health as long as such risk is “substantial and irreversible.” )

Listed as a witness in Kline’s charges is Dr. Paul McHugh (Chief psychiatrist, Johns Hopkins for 26 years—32 page C.V. available on request.) 

In a June 11, 2007 interview in Lenexa, KS, Dr. McHugh said one record showed an abortion of a viable child because the young woman wanted to attend a rock concert. Referring to the records affiliated with the abortions below he said:  “I saw no file that justified abortion on that basis...” (referring to KS legal criteria for aborting viable babies) “And I had to ask myself, looking at these records, is ANY person who comes to this clinic EVER  found NOT to be appropriate on psychological or psychiatric grounds for abortion?”

Kline Charges Against George Tiller, December, 2006

Note: 15 abortions; 2 counts each

Count 1: Unlawful Late Term...14 year old pregnant child when the fetus was viable…26 week…wrongfully relied on a diagnosis of Anxiety Disorder NOS or Adjustment Disorder with mixed anxiety and depressed mood. 

Count 2: Failure to Report Justifications for Late Term Abortion…29 weeks of age, did report that the fetus was not viable...

Count 3: Unlawful Late Term Abortion 10 year old pregnant child when the fetus was viable...28 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode... 

Count 4:  Failure to Report Justifications for Late Term Abortion…28 weeks of age... did report that the fetus was not viable...

Count 5: Unlawful Late Term Abortion...15 year old pregnant child when the fetus was viable... 28 weeks... wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 6:  Failure to Report Justifications for Late Term Abortion...28 weeks of age...did fail to report the basis for the determination...

Count 7: Unlawful Late Term Abortion...16-year old pregnant child when the fetus was viable...29 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 8:  Failure to Report Justifications for Late Term Abortion...29 weeks of age...did fail to report the basis for the determination...

Count 9: Unlawful Late Term Abortion...19 year old pregnant woman when the fetus was viable...27 weeks, wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode... 

Count 10: Failure to Report Justifications for Late Term Abortion... 27 weeks of age...did report that the fetus was not viable and therefore did not report the actual determination of fetus viability...

Count 11: Unlawful Late Term Abortion...22 year old pregnant woman when the fetus was viable 31 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...  

Count 12:  Failure to Report Justifications for Late Term Abortion...31 weeks of age...did fail to report the basis for the determination...

Count 13:  Unlawful Late Term...15 year old pregnant child when the fetus was viable...26 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 14:  Failure to Report Justifications for Late Term Abortion... 26 weeks of age...did fail to report the basis for the determination...

Count 15: Unlawful Late Term 15 year old pregnant child when the fetus was viable...28 weeks...wrongfully relied on a diagnosis of Acute Stress Disorder...

Count 16: Failure to Report Justifications for Late Term Abortion... 28 weeks of age...did fail to report the basis for the determination...

Count 17:  Unlawful Late Term Abortion...15 year old pregnant child when the fetus was viable...25 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 18:  Failure to Report Justifications for Late Term Abortion...25 weeks of age...did fail to report the basis for the determination…

Count 19:  Unlawful Late Term Abortion...15 year old pregnant child when the fetus was viable...wrongfully relied on a diagnosis of Acute Stress Disorder...

Count 20: Failure to Report Justifications for Late Term Abortion...26 weeks of age...did fail to report the basis for the determination...

Count 21: Unlawful Late Term Abortion...15 year old pregnant child...when the fetus was viable... 25 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 22:  Failure to Report Justifications for Late Term Abortion...25 weeks of age...did fail to report the basis for the determination...

Count 23:  Unlawful Late Term Abortion...14 year old pregnant child when the fetus was viable... 25 weeks...wrongfully relied on a diagnosis of Acute Stress Disorder...

Count 24:  Failure to Report Justifications for Late Term Abortion...25 weeks of age...did fail to report the basis for the determination...

Count 25:  Unlawful Late Term Abortion...15 year old pregnant child when the fetus was viable...25 weeks...wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode...

Count 26: Failure to Report Justifications for Late Term Abortion...25 weeks of age...did fail to report the basis for the determination...

Count 27:  Unlawful Late Term Abortion...18 year old pregnant woman when the fetus was viable...25 weeks...defendant wrongfully relied on a diagnosis of Anxiety Disorder NOS or Acute Stress Disorder...

Count 28: Failure to Report Justifications for Late Term Abortion...25 weeks of age...did fail to report the basis for the determination...

Count 29:  Unlawful Late Term Abortion...13 year old pregnant woman when the fetus was viable...25 weeks...wrongfully relied on NO established diagnosis…

Count 30:  Failure to Report Justifications for Late Term Abortion...25 weeks of age...did report that the fetus was not viable and therefore did not report the actual determination…

Witnesses:  Thomas Williams, Jared Reed, Dr. Ann Kristin Neuhaus, Steve Cavanaugh, Clerk of the District Court—3rd Judicial District, Dr. Paul McHugh (Psychiatrist-Johns Hopkins), Dr. Lome Phillips (Head of statistics, state of KS), Lorna Jansen, Gina Bowes

Sealed documents attached in support include an affidavit of Dr. Paul R. McHugh, M.D., Johns Hopkins Medical Center, transcript of sworn statement by Dr. Ann Kristin Neuhaus, M.D., copies of 15 KDHE report forms, and copies of 15 medical files with patient identification REDACTED! 

Note from KFL:  It is thought that Dr. Ann Kristin Neuhaus was the “second doctor” in the 2003 cases above. A second doctor is required by Kansas law to agree that the legal criteria for an abortion of a viable child is met.

Neither Dr. Tiller nor Dr. Neuhaus are board certified OB-GYN’s nor are they known to be certified in mental health/psychological/psychiatric specialties. Dr/ Neuhaus has also been a practicing abortionist. 

SEE www.kfl.org for McHugh Interview Video and other documents!