Operation Rescue has turned over to the office of the Kansas Attorney General and to District Attorney Nola Foulston, evidence of a phony fetal age and viability scam at George Tiller’s late-term abortion clinic. The evidence was acquired by Operation Rescue during a recent undercover investigation.”Since we possess evidence that Tiller’s abortion clinic employees have broken the law, it is our duty to report that to law enforcement,” said Operation Rescue President Troy Newman. “We have sent the attorney general and the district attorney an official letter of complaint along with the evidence.”
In addition, the woman who received a phony determination of fetal age and appointment for an illegal abortion during the undercover investigation has filed a formal complaint with the Kansas State Board of Healing Arts.
The woman, who is identified publicly only as Shaye, was in her 25th week of pregnancy when she received a sonogram from WHCS on October 17, 2008. When the first measurements taken during a sonogram at WHCS showed her baby past the threshold of viability, a Tiller employee threw those measurements in the trash. She then came up with a lower measurement, putting Shaye’s baby within the legal range to be killed via abortion. Shaye was scheduled for an abortion in violation of Kansas law. [View video and read full report]
“The fact that Tiller continues to flout the law even though he is criminally charged and under further investigation shows how arrogant and dangerous he is,” said Newman. “We implore the authorities with all urgency to protect women and their innocent children and close Tiller’s abortion mill pending review of the complaints against him.”
Operation Rescue’s said that its undercover investigation revealed the following criminal conduct:
- Misrepresentation of Kansas law: Employees of WHCS allegedly misinformed Shaye that before the 24th week of pregnancy, Kansas law says abortion is a woman’s choice. However, Kansas law places the limit of unrestricted abortion at 22 weeks gestation, when a determination of viability must be made. The 24th week of pregnancy is not mentioned in Kansas law.
- Intentional underestimation of fetal age: Shaye was allegedly given a phony fetal age that was used to schedule an abortion for her, while at least one WHCS employee knew her baby was actually past the threshold of viability.
- Violation of second concurring physician requirement: Shaye obtained an appointment for a post-viability abortion without being referred to or obtaining the signature of a second Kansas physician as required by law.
- Violations of Informed Consent: According to OR Shaye’s rights under the Kansas informed consent law were violated when WHCS misrepresented the law and the gestational age of her baby.
Tiller already faces 19 criminal charges of committing illegal late-term abortions without the signature of a second unaffiliated Kansas physician. He also is currently under investigation by the Kansas State Board of Healing Arts.