The Kansas Meadowlark

March 3, 2005


Governor Sebelius for using medical records 
to get BTK murderer
but not for using medical records 
to expose criminals that abuse children?

Sebelius for the hard work of the KBI, but cuts their budget?


Related:  AG Brief Filed with Kansas Supreme Court
Alpha Medical Clinic and Beta Medical Clinic seek mandamus relief in an effort to prevent the subpoena of medical records in their possession that, according to the lower court, contain evidence of criminal activity.


Is Kansas Governor Sebelius on both sides of some recent issues? 

Sebelius was not critical of DNA evidence obtained from medical records to catch the BTK (Bind-Torture-Kill) murder in Wichita according to recent press accounts, but is critical of using medical records to help children that may be abused by predators?  So, is Sebelius "for" or "against the use of medical records by law enforcement to catch criminals?

Sunday's Kansas City Star reported 

Technology likely to play key role in BTK case

Kansas Gov. Kathleen Sebelius told The Associated Press on Saturday that DNA evidence was the key to cracking the case.

Today's Wichita Eagle reported that medical records of Dennis Rader's daughter played a key part in the BTK investigation:

DNA came from medical file
Source: Daughter's records were subpoenaed


The Wichita Eagle

Investigators -- trying to hide from Dennis Rader that they were zeroing in on him as a BTK suspect -- obtained DNA before his arrest through a tissue sample linked to his daughter's medical records, sources say.

That sample was obtained for testing without her knowledge, the sources said.

Sources familiar with the investigation also say that after Rader's arrest Friday, the FBI took a DNA sample from his daughter at her Michigan home to help confirm an earlier finding.

Before the arrest, Kansas Bureau of Investigation agents on the BTK task force were concerned that the suspect could flee or "do something drastic" if he knew authorities were seeking his daughter's DNA, said a source close to the investigation.
. . .

Federal privacy law restricts access to medical records.

Among the exceptions is when law enforcement needs medical records for investigations, Wichita lawyer Chuck Millsap said.

The principle is that the need to conduct an investigation outweighs a need for privacy, he said.

What kind of tissue tied to a woman's medical records could be kept on file at a lab?

Bruce Bammel, a Wichita doctor obstetrics and gynecology, said that could include various tissue samples -- everything from a skin biopsy to a Pap smear -- that can be preserved indefinitely and provide DNA.

No where in press reports does Sebelius complain about medical records being used to find the BTK killer.  Why is Sebelius now critical of Attorney General Kline's efforts to help young girls that may have been abused by sexual predators?

Sebelius, legislators rap Kline


Eagle Topeka bureau

Gov. Kathleen Sebelius and a group of female Democratic lawmakers criticized Attorney General Phill Kline on Friday for seeking medical records of women and girls who have had abortions.

In separate news conferences, Sebelius and the lawmakers said Kline's actions were an unwarranted invasion of privacy.

. . .

[Kline] said this week that those records could contain evidence of crimes committed against underage girls. In Kansas, no one under the age of 16 can legally consent to sex.

Will Governor Sebelius try to take some sort of credit for the recent hard work of Kansas Law enforcement officials?  When will Governor Sebelius provide more financial support to law enforcement in Kansas?

Wichita Eagle (May 22, 2004)

Gov. Kathleen Sebelius crosses out funding for two projects under the attorney general's supervision.

"Crimes will continue to go unsolved and violent criminals will remain on our streets," Kline said. "We find this action very harmful to the safety of Kansas."

From the Lawrence Journal-World (Sept 17, 2004):

Homicide investigations stretch KBI agents thin

. . .
Funding problems

Republican Attorney General Phill Kline, whose office oversees the KBI, blames most of the funding problems in the agency on Gov. Kathleen Sebelius, a Democrat.

"It's a serious concern," Kline said. "We have several vacancies over there we need to fill. My budget has gone from $6 million from the state general fund when I came into office to $3.8 million. We have people working harder, and we're spending less on travel and furniture, being more efficient.

"I'm rowing the boat when it comes to tough economic times."

Kline criticized Sebelius' veto of funding to create a white-collar crime division in his office, while the governor's office budget skyrocketed.

"The KBI over a period of years has not been a budget priority, and we need to change that," Kline said.

Sebelius spokeswoman Nicole Corcoran said the governor believes the KBI is adequately funded.

Wichita Eagle (Sept 21, 2004)

Kline says he'll revive absconder task force

A highly publicized effort by the Kansas attorney general to capture violent former inmates who skip out on their parole officers has ceased.

On Monday, Kansas Attorney General Phill Kline said the program became victim to budget constraints and strained workloads.

Why doesn't Sebelius do more to help law enforcement officers in Kansas?   Is Sebelius more interested in helping a long-time political contributor, or young girls that may have been the victims of crimes?

And most Kansas don't even know how mad the citizens of Greenwood County are at Sebelius when their sheriff was recently murdered and Sebelius refused to order flags to fly at half-staff in his honor.


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