Print edition: 
KANSAS CITY, Mo. —The country's first criminal prosecution of Planned Parenthood was left teetering Friday when it was revealed the state of Kansas destroyed abortion records that prosecutors planned to use as evidence.
Johnson County prosecutors have asked a judge to delay a Monday hearing to determine whether there's enough evidence to try the abortion provider on 23 felony counts of falsifying termination of pregnancy reports.
Prosecutors say the records kept by the state needed to make their case were destroyed in 2005, some two years before criminal charges were brought against Planned Parenthood by former Johnson County District Attorney Phill Kline.
Court records say that Kansas health officials shredded the documents as part of "routine document destruction."
The prosecution's request for a continuance drew a swift response from Planned Parenthood, which said any further delay is inexcusable.
A judge will take up the continuance request Monday.
Filed in October 2007, the case has been mired in a four-year legal fight over access to the very records that were destroyed, as well as other issues.
Peter Brownlie, president of Planned Parenthood of Kansas and Mid-Missouri, said the latest turn was another instance of the state bungling a case initiated by Kline when he was Kansas attorney general from 2003 to 2007.
"Our contention all along has been there is no evidence of any criminal wrongdoing," Brownlie said. "I believe this leaves the district attorney in a position where he has no evidence, period."
Abortion opponents were stunned by the latest revelation.
"Unbelievable," said Mary Kay Culp, executive director of Kansans for Life.
"We don't believe for one second this was anything but purposefully done to protect the abortion industry."
The shredding occurred when KDHE was under former Gov. Kathleen Sebelius. Officials at KDHE, now part of Gov. Sam Brownback's administration, declined comment.
The destroyed records were crucial in establishing the authenticity of records from 2003 that Kline obtained when he investigated Planned Parenthood as attorney general. Planned Parenthood also provided copies of the records, but Kline contended that those did not match the ones he had in his possession.
In 2007, after he became Johnson County prosecutor, Kline filed a 107-count complaint against the abortion provider.
In addition to the 23 felonies, the complaint also charged Planned Parenthood with multiple misdemeanor counts of failing to maintain the pregnancy termination reports, failing to perform viability tests on fetuses, and unlawful late-term abortions.
Prosecutors contended that Planned Parenthood had not kept the documents five years as required by law and falsified copies to cover it up.
The current Johnson County district attorney, Steve Howe, picked up the case after he defeated Kline in the 2008 Republican primary and went on to win the general election.
Howe declined comment Friday. It was unclear when he discovered that the records were destroyed. He subpoenaed them last month, according to a response filed Friday by Planned Parenthood.
The records in question deal with reports that Planned Parenthood must file under state law for each abortion it performs. One copy is kept by Planned Parenthood in the patient files, and another is sent to the Kansas Department of Health and Environment.
Prosecutors wanted to prove the records obtained by Kline were the same as those filed with the state and different from alleged copies provided later by Planned Parenthood.
In its latest filing, made public Friday, the prosecution asked for additional time to find witnesses to establish the authenticity of records obtained by Kline as attorney general.
Kline said Friday that KDHE knew in 2005 that the destroyed records were a key part of a criminal investigation.
"It is greatly disturbing and potentially obstruction for them to have destroyed them," said Kline, adding that he thinks the case can still be made.
