Foulston: Experience matters

Sedgwick County District Attorney Nola Foulston endorsed Paul Morrison for attorney general Friday, saying he is “articulate, experienced and does not have a political agenda.”
Foulston told The Eagle editorial board that she had resisted endorsing in this race, but felt that her hand was forced by a claim by a supporter of Attorney General Phill Kline that she was backing Kline.
She said Kline came into office with “zero experience” in the courtroom — and that Morrison is “eminently more qualified.”
She also said that Kline has been “too politically motivated” as attorney general in pushing a social agenda — and gave as one example his pursuit of adult abortion records.
Foulston said she’d had enough of Kline’s mixture of religion and politics. “This is not the way law enforcement runs in this state.”
Posted by Randy Scholfield

43 Comments

  1. kelly
    Posted November 4, 2006 at 6:11 am | Permalink

    So the Kline campaign has claimed that Foulston was supporting him? This is just another in a series of revelations that Kline is untrustworthy. I wonder about those alleged 89 sheriffs that support him. Has anyone ever seen a list?

  2. JWink
    Posted November 4, 2006 at 7:01 am | Permalink

    I entered my following HARRY S TRUMAN comments near the bottom of a previous WE Blog where it probably went unnoticed. The “committee” is fiction but the main elements are true. No particularly application to the Morrison-Kline political race. My purpose was to comment on the inability of predicting future success in an endeavor based on previous education and experience.

    Imagine this ficticious committee meeting in 1944 to interview Senator Harry S Truman for the job of vice president of the United States, a job that everyone except Mr. Truman realized would lead to the U.S. Presidency sooner rather than later.

    FIRST COMMITTEE MEMBER: well, ah, Mr. Truman, did you attend an eastern ivy league college?

    HARRY S TRUMAN: No, I didn’t. I attended night school for a while at the old Kansas City business college while working during the day.

    SECOND COMMITTEE MEMBER: Uh, ah, Mr. Truman, give this committee an idea of what you were doing at age 33, for example.

    MR. TRUMAN: I was plowing our family farm in Grandview, Missouri, behind my favorite mule. And they were the straightest furrows in Missouri!

    THIRD COMMITTEE MEMBER: Well now Mr. Truman, who can you name as a reference for this job of future President of the United States, preferably a top member of the corporate elite of America?

    HARRY S TRUMAN: My mentor is a fellow named Tom Pendergast, warts and all, former political boss of Kansas City.

    EXASPERATED COMMITTEE CHAIRMAN: Sir, why would you give the name of a former political boss, a race horse gambler in North Kansas City, head of a nefarious political faction that votes dead people in Kansas City elections, and had a political muscle man named Johnny Lazia who was gunned down on Armour Boulevard in 1932. Yeah, tell us that, Mr. Truman.

    HARRY S TRUMAN: During the great depression, Tom Pendergast fed the poor, gave coal to cold people, covered Brush Creek with concrete from his concrete company to make jobs for the unemployed. Yes, even though politically we had a love-hate relationship — HE WAS MY FRIEND AND I WAS HIS.

    COMMITTEE MEMBERS REPLYING IN UNISON: We, the committee members, don’t think you, Mr. Truman, are qualified for this job. However, the fellow in the next room, FRANKLIN DELANO ROOSEVELT, has the final say.

  3. heartlander
    Posted November 4, 2006 at 7:02 am | Permalink

    Maybe Kline was shrewd enough to lobby early for the endorsements and once given, it’s kind of ungracious to retract them. Otherwise it does seem odd that the sheriffs wouldn’t endorse a veteran prosecutor.

  4. heartlander
    Posted November 4, 2006 at 7:04 am | Permalink

    JW, we liked your post. But that’s no reason to start cloning it all over the blog. ;-)

  5. JWink
    Posted November 4, 2006 at 7:09 am | Permalink

    Heartlander: I appreciate your comments but I thought it got lost at the bottom of a previous thread that was about to expire.

  6. JM
    Posted November 4, 2006 at 8:56 am | Permalink

    Foulston doesn’t like Kline for whatever reasons, perhaps political more than anything else.

    Here’s what Foulston had to say about Kline’s offer to help with the child rape and incest case with Estrada.

    10/02/06 John Hanna, Associated Press:

    “Kline had absolutely nothing to do with our case – nothing, zero,” she told The Associated Press on Monday. “He didn’t have anything to do with this case,” she said.

    The attorney general’s office sent Foulston a memo in October 2005, about “credible information” it had obtained about “numerous incidents” of sex crimes against children. One of Estrada’s victims was mentioned – because she had given birth.

    “We referred evidence related to this case in October 2005 to the Sedgwick County district attorney’s office,” Kline said Monday. “That evidence was obtained pursuant to our efforts in the inquisition.”

    Later, told of Foulston’s comments, Kline said he and Foulston shouldn’t be viewed as being in conflict because she was discussing her reasons for prosecuting Estrada and, “It’s not necessarily a conflict.”

    “Were the records obtained pursuant to the inquisition” Yes. Was it forwarded? Yes,” he added. “Did a prosecution result? Yes.”

    According to the charges against Estrada, he began raping the girls when they were 11 and 12 years old. The younger girl had twins in 2004 and another baby in 2005. The older girl had an abortion in 2004, then gave birth to a baby the following year.

    Foulston said her office already was investigating Estrada when it received the memo from Kline’s office. She said Kline’s memo involved 12 instances in which young girls in Sedgwick County gave birth.

    According to the charges against Estrada, he began raping the girls when they were 11 and 12 years old. The younger girl had twins in 2004 and another baby in 2005. The older girl had an abortion in 2004, then gave birth to a baby the following year.

    Foulston (Sedgwick County DA) said her office never obtained any abortion records, although it considered it. Because Estrada pleaded no contest, she said, he avoided a trial and there was no need for such records.”"

    It appears that Foulston had no interest in finding out if the Tiller Clinic had violated the law concerning reporting sex offenders as required.

    Some claim that Tiller donates such huge amounts in Campaign funds towards races like the one Paul Morrison is in for Kansas Attorney General.

  7. Gay Mafia
    Posted November 4, 2006 at 9:59 am | Permalink

    I’m glad Nola finds Paul qualified. I didn’t think she would ever consider a prosecutor who actually goes to court to be the best for the job. Guess this means she agrees it’s time to replace her with someone who will go to court – even when there are no cameras in the courtroom and the case is not a slam dunk winner for the state!

  8. hmmm ...
    Posted November 4, 2006 at 10:07 am | Permalink

    “Some claim that Kline personally handed those records to Bill O’Reilley”

  9. kelly
    Posted November 4, 2006 at 10:35 am | Permalink

    There was a feature article about Foulston in the current issue of Super Lawyers. It was very flattering to her, and her trial law skills and credentials. Didn’t see anything about Phill Kline or Bryan Brown.

  10. RD
    Posted November 4, 2006 at 10:55 am | Permalink

    hmmmmm,

    Maybe someone should find out if O’Reilly or any of his people actually SAW those records. I’d say it’s all heresay, but I wouldn’t trust anyone in Kline’s office or his campaign at this point.

  11. Returned Kansan
    Posted November 4, 2006 at 11:51 am | Permalink

    In looking at the Kline campaign website – i couldn’t find any evidence of Phill claiming Nola endorsed him – the supporter who made that claim probably got confused about Nola’s gushey article she wrote about Phill’s performance before the U.S. Supreme Court in the spring 2006 edition of The Kansas Prosecutor.

    John Hanna w/ the AP wrote about in his story today (which I can’t seem to find in the Eagle but it is in the Hutch news: http://www.hutchnews.com/news/regional/stories/kline061906.shtml )

    …He (Phill Kline) has defended the state’s capital punishment law twice before the U.S. Supreme Court. Foulston was impressed enough with his December appearance before the justices to write of feeling exhilarated afterward.

    “He had eloquently and effectively represented the people of Kansas,” she wrote in the spring edition of The Kansas Prosecutor, the trade magazine for Kansas county and district attorneys. “No one could ask for more.”

    As some have said – It doesn’t get much higher than arguing before the U.S. Supreme Court… Nola must have forgot she wrote that article…

  12. hmmm ...
    Posted November 4, 2006 at 11:58 am | Permalink

    good point returned … and I think that if Kline had built a campaign based on that and other accomplishments he would be in better shape then he is today. It is very difficult for an incumbent Republican to not get re-elected in Kansas. Looks like Kline will achieve that feat.

  13. Vaughn Tolle
    Posted November 4, 2006 at 11:59 am | Permalink

    Returned, I thought that maybe I was the only one who recalled Nola’s remarks.

  14. political_mom
    Posted November 4, 2006 at 12:01 pm | Permalink

    JM, remember, there were 3 live births before the older girl went to get an abortion. That would mean that at least 2 or 3 other doctors and nurses and health professionals also knew that a 12 year old was pregnant, and did not find enough cause to report it either.

    So out of all those births, why is it you only want the one where an abortion occured investigated?

    Remember, the law does not say every pregnant child must be reported, that doctors do have discretion in who they report. They have to if they suspect abuse, and apparently none of these girls set off alarms to suspect abuse.

  15. Vaughn Tolle
    Posted November 4, 2006 at 12:06 pm | Permalink

    hmmm… I agree; however, had he concentrated on the SCOTUS arguments, surely someone on the other side would have pointed out the other court arguments where his office hadn’t faired quite so well, and that it was likely more the fact that Justice O’Connor’s retirement required the rehearing which resulted in the overruling of the Kansas Supreme Court rather than the first argument. Now, we’ll never know on the last point; she likely was the “deciding vote” one way or the other on the case the first time; some speculation I saw at the time was that she had voted to affirm the Kansas Supreme Court’s decision that the Kansas Death Penalty was unconstitutional, and her retirement before the announcement of the decision left the Court tied, requiring a reargument before the Court with Justice Alito sitting; but it could just as well been the other way, as the Court would have been tied after her departure, having earlier voted to overturn the decision, and the reargument just delayed the same result.

  16. hmmm ...
    Posted November 4, 2006 at 12:09 pm | Permalink

    p-m – I think it was a counselor involved in one of the live births that got to the bottom of the case. In my opinion the level of counseling given to a woman, and particularly to a girl, may be lacking.

  17. JM
    Posted November 4, 2006 at 12:11 pm | Permalink

    “So out of all those births, why is it you only want the one where an abortion occured investigated?” Posted by: political_mom | November 04, 2006 at 12:01 PM

    PMom,

    I guess one would have to assume that the ‘oldest girl’ actually saw a licensed medical care provider or went to a certified Clinic.

    As far as I know, there is no law that requires a pregnant mother to have a Doctor or any other licensed Practioner present at anytime during her pregnancy.

  18. hmmm ...
    Posted November 4, 2006 at 12:56 pm | Permalink

    JM – according to news reports she did see a licensed Practitioner each time.

  19. RD
    Posted November 4, 2006 at 1:07 pm | Permalink

    A patient can refuse counseling.

  20. hmmm ...
    Posted November 4, 2006 at 1:17 pm | Permalink

    True – but it should be available, particularly in ‘difficult’ situations. My concern is that we all too often do not have a supportive environment in which a woman/girl can avail herself of the help she might need.

  21. Paul F. Rosell
    Posted November 4, 2006 at 1:45 pm | Permalink

    Foulston is a Democrat.NO BIG SURPRISEHowever, several Democrat Sherrifs have endorsed KLINE!

    Also, the Topeka Capital Journal endorses KLINE:http://www.klineforag.com/news/topeka-paper-endorses-kline

  22. Paul F. Rosell
    Posted November 4, 2006 at 2:12 pm | Permalink

    Concerned Women of America, the largest womens’ organization, endorses Kline:

    WOMEN’S ORGANIZATION ENDORSES KLINEGroup felt compelled to speak because of negative campaigning by AG’s challengerIMMEDIATE RELEASE

    NOV. 3, 2006Attorney General Phill Kline is pleased to announce he has earned the endorsement of the Concerned Women for America.

    “CWA is committed like I am to protecting women from sexual exploitation and from sex crimes,” said Attorney General Kline. “I have fought to reverse the failed policies of my opponent by increasing the penalties against those who would harm Kansans. I am honored to have CWA’s endorsement.”

    As a women’s organization, CWA has a vested interest protecting women from sexual exploitation in the workplace; stopping predators who exploit women of all ages; and keeping sexual criminals off the street and registered in the Sexual Predator Registry.

    “CWA has been pleased with the work Phill Kline has done during his first term in office. In light of the negative and nasty campaign waged against him by his opponent we felt compelled to stand with Mr. Kline formally for a second term,” explained Judy Smith, State Director of CWA of Kansas Legislative Action Committee.

    Smith went on to says the Attorney General of the state should uphold all the laws passed by the duly-elected Legislature of the state.

    “Attorney General Kline’s job is to be the chief law enforcement officer. For this reason, by virtue of his past record, we are proud to endorse him; to give him a chance to complete his campaign to protect the women and children of Kansas.”

  23. hmmm ...
    Posted November 4, 2006 at 2:12 pm | Permalink

    How about Stephen and Stovall?

  24. Paul F. Rosell
    Posted November 4, 2006 at 2:16 pm | Permalink

    Topeka Capital Journal Endorses KLINE:http://www.cjonline.com/stories/110406/opi_klineed.shtml

  25. lucee
    Posted November 4, 2006 at 2:17 pm | Permalink

    If just the fact that a 12 year old girl is pregnant is not proof of child rape, then what is wrong with our society?

    The healthcare provider who treated this girl should report any and all underage girls who are pregnant. I have no problem with that.

    If the father is also an underage male, then we chalk it up to teenage lust. If the father is an adult, then they should be prosecuted or if they are willing to marry the girl and be financially responsible, then that is fine with me.

    Each case needs to be looked at on its own merits.

    I just don’t believe Kline when he says he is looking for child rapists only in abortion clinic records. and didn’t he want all the adult records also?

  26. Paul F. Rosell
    Posted November 4, 2006 at 2:17 pm | Permalink

    Why did BOTH Stephan and Stoval leave the office of AG????IF these two former AG’s were supporting Kline, we would be reading about any dirty laundry the Eagle could find on Stephan and Stoval.

  27. Right on Pauli
    Posted November 4, 2006 at 2:48 pm | Permalink

    Check out Lefler’s report on Consumer under Kline and the comments to the same to see how Stovall set that Division up to deal out injustice and render her a queenie one day.

    Or read it at http://www.ksag.org. Stovall and her toadies used that agency to loot businesses and make her look oh so good to anyone who asked that a letter be fired off for most any reason. (Yes, even if their McChicken had too much mayo!) Read it and laugh! Good Stovall is backing Morrison, else that could be used against her along with her cronyism in tobacco.

  28. OH THE HUMANITY!!!!
    Posted November 4, 2006 at 2:54 pm | Permalink

    Consumer File 2002-1934Damages claimed: 37 cents per day for lifeDate closed: 6/12/02

    A Missouri consumer complained that he had paid $3 for an “everlasting mug” from McDonalds in 1999 and that this $3 purchase was supposed to entitle him to free coffee for life. He was incensed that the Overland Park McDonalds insisted on charging him 37 cents for each fill up. His complaint moved the Consumer Protection Division to immediately issue two letters, one back to him thanking him for the complaint and one to the Overland Park McDonalds. McDonalds did not answer and so a second letter was sent to them. When McDonalds had not answered either demand letter within 60 days a Special Agent of the Office of the Kansas Attorney General sent a third letter, via overnight express mail, which included a threat to “issue a subpoena requiring your appearance or resort to other legal process” if the supplier continued to ignore the Office of the Attorney General of Kansas. This threat to issue legal process finally moved McDonalds to action. The Kansas and Missouri Operations Manager offered the Freeman, MO resident $100 in gift certificates to be used to fill up his $3 coffee cup, even though McDonalds still denied having any knowledge of any such “free coffee” campaign and perceived no legal obligation to the Missouri resident. Convinced that the Office of the Attorney General was standing with him, the consumer boldly refused that offer as insufficient. The Consumer Protection Division Special Agent and Assistant Attorney General working this case thus rejected that offer as insufficient. On May 15, 2002, Jill A. Cameron of the U.S. Legal Dept. for McDonalds Corporate (located in Oak Brook, Illinois) then delivered, via airborne express, a letter to the Assistant Attorney General that doubled the offer. The offer had become $200 in McDonalds gift certificates, enough to buy, by McDonalds’s reckoning, 364 free coffees at retail. (This is 540 cups at 37 cents per cup.)

  29. hmmm ...
    Posted November 4, 2006 at 3:01 pm | Permalink

    Stupid on McD’s part in the first place.

  30. political_mom
    Posted November 4, 2006 at 3:48 pm | Permalink

    Concerned Women of America is a religious organization for conservative women, the ones who think that the bible is right that men are the heads of households and the women should stay home and do as they’re told.

    I have no doubt that they fully support Kline. They’re against birth control, divorce, homosexuality and abortion.

    And they’re certainly not the largest women’s organization in the USA.

  31. hmmm ...
    Posted November 4, 2006 at 3:50 pm | Permalink

    Paul – what is “Lefler’s report on Consumer”? Since when does consumer protection make one “Stovall’s toadie” Sounds to me like Kline’s toadies (notably you) are grasping at straws. Oh well, only a bit over 72 hours left and I have already voted. Did so yesterday evening – very well run I might add. Bill Gale did a commendable job IMO.

  32. Paul F. Rosell
    Posted November 4, 2006 at 5:44 pm | Permalink

    political momCheck your facts.Concerned Women of America is by far the largest womens organization in America.NOW, the National Organization for Women, doesnt even come close in total membership.

  33. Kansan4now
    Posted November 4, 2006 at 7:05 pm | Permalink

    DUH…of course the Topeka Crapitol-Urinal would endorse Kline. Kline’s Chief of Staff, Eric Rucker’s wife, Joan Rucker, works for the TCJ as the Newspapers in Education [NIE] coordinator. I would hope my fellow Kansans would make their own decision and not let a newspaper make it for them. And I think most people I’ve heard express an opinion [those who aren't affiliated with either pro life or pro choice groups] say they can’t trust Kline and wonder how the hell he got elected narrowly in 2002. I think Kline’s gone come Tuesday.

  34. Posted November 4, 2006 at 9:38 pm | Permalink

    Paul you’re such a goober.

    Both NOW and CWA have approx 500,000 members.

    The National Organization for Women (NOW) is the largest organization of feminist activists in the United States. NOW has 500,000 contributing members and 550 chapters in all 50 states and the District of Columbia.

    http://www.now.org/organization/info.html

    Today, Concerned Women for America is a vibrant organization with well over 500,000 members spread across all 50 states who are coordinated by a dynamic staff from the national office in Washington, D.C

    http://www.cwfa.org/history.asp

  35. Posted November 4, 2006 at 9:41 pm | Permalink

    So luap, what stats were you citing? oh that’s right, you didn’t.

  36. J R
    Posted November 4, 2006 at 9:52 pm | Permalink

    GOOD ONE MOM!

    Hey prollie lump Rosell? When Kline loses, will you come back and rant for us?

  37. WSClark
    Posted November 5, 2006 at 12:11 am | Permalink

    Please don’t rant, Rosell, you are hard enough to take as it is…..

  38. Posted November 5, 2006 at 12:26 am | Permalink

    The real question, Oh Inanity, is why anybody would buy coffee at McDonald’s . . .

  39. OH THE HUMANITY! The sequel
    Posted November 5, 2006 at 12:46 am | Permalink

    Or a bra at Walmart???

    Consumer file 2001-2144Damages claimed: $0.00Date closed: 5/31/01

    Consumer bought a bra at Walmart. The register rang it up at $19 instead of the sale price of $12. The cashier caught the error and immediately voided and re-rang the bra at the cash register. Consumer mistakenly thought she was charged tax twice, so went to the customer service desk where they explained to her that she did not get overcharged. She alleged that the Walmart service desk personnel were rude to her and so she filed a complaint with the Consumer Protection Division. The rudeness-alleging complaint was assigned to a Special Agent of the Consumer Division for investigation. The Special Agent wrote two letters. The first letter thanked the consumer for filing the complaint and advised her that she might want to consider small claims court or obtaining private counsel while the complaint was under investigation. (The allegation of rudeness was not of a nature that could support a suit alleging the intentional affliction of emotional harm or any other such tort, so how it could be addressed in those venues is unknown.) An additional letter was sent to Walmart’s corporate office in Bentonville, Arkansas, letting them know that the complaint was being investigated as a potential violation of the Kansas Consumer Protection Act. The letter to Walmart’s corporate headquarters actually asked them to “provide the consumer the relief requested” and answer in writing, as was the boilerplate language in most of the letters sent out by the Consumer Protection Division. An assistant to the Director of Customer Relations sent a kind letter back to the Office of the Attorney General and the consumer, sincerely apologizing to the consumer and tendering a $5 gift certificate to compensate.

    Madam Stovall’s Special Agent sent this award onto the consumer, claimed $5 in “consumer restitution” and closed the file.

  40. political_mom
    Posted November 5, 2006 at 1:28 am | Permalink

    Gee if it were really only that easy. I was quoted a price of 1500 for a tranny repair. I called around numerous places and that was reasonble. It took them 3 weeks to do it- had told me they’d have it done in a few days. In the final week I asked them to send me a car, anything to get me around, and they sent me a 1970 van that looked literally as if it had been lived in, dirty cups and food everywhere. Then when I got the final bill it was 2500 dollars.And my tranny shifted hard after that too.

    I filed reports with everyone I could think of and I never got any kind of refund at all. And the guy is still in business.

    My mistake…I didn’t get the original quoted price in writing. I could see it being a few hundred off, but 1k?

  41. Anrgy Republican Voter
    Posted November 6, 2006 at 8:44 am | Permalink

    Kline’s SCOTUS commercials are laughable. He claims that few lowers win in front of the Court. But actually half of all who appear in front of the Court win. Also, Kline says nothing about who wrote the brief in the case. I’m guessing it wasn’t him. No, he just spent thousands of dollars in tax-payer money getting him prepared to make a thirty minute oral presentation on a case that was already prepared and briefed by someone else. At least he hadn’t let his law license lapse (for the fourth time) before arguing.

  42. Steven Davis
    Posted November 6, 2006 at 9:13 am | Permalink

    “Remember, the law does not say every pregnant child must be reported, that doctors do have discretion in who they report. They have to if they suspect abuse, and apparently none of these girls set off alarms to suspect abuse.”

    Political_mom, I think we are mostly see this issue the same way, but isn’t the above particularly hard to fathom? Three pregnancies in a pre-teen girl and no one scratches their head and asks “what’s the deal here?” I’m betting if you knew of this patient history, you’d be wondering. I know I would.

  43. hmmm ...
    Posted November 6, 2006 at 11:16 am | Permalink

    Have to agree with you Steven. And, in this case, there had been several live births – but Kline doesn’t seem interested in going after those records.