By JOHN HANNA

Associated Press Writer

TOPEKA, Kan. — The Kansas Supreme Court says it will rule Friday on an abortion clinic’s attempt to force a prosecutor to return patients’ medical records that have become key evidence for criminal charges against it.

 The clinic, operated by Planned Parenthood in Overland Park, argues that Johnson County District Attorney Phill Kline, an anti-abortion Republican, obtained the records improperly. Kline contends the clinic is trying to block his prosecution of 107 charges alleging it performed illegal late-term abortions and falsified documents.

 The case is highly unusual because the clinic asked the Supreme Court to intervene even before Kline filed his charges, which include 23 felonies. It’s also unusual because the attorney general’s office has intervened — on the clinic’s side. In addition, the clinic has asked the Supreme Court to consider citing Kline for contempt.

 The Supreme Court said Thursday that it would issue its ruling at 9:30 a.m. Friday. Court spokesman Ron Keefover declined to give further details.

 Kline gained national attention for investigating the Planned Parenthood clinic and another one operated in Wichita by Dr. George Tiller. Those investigations began during Kline’s single term as attorney general, from January 2003 to January 2007.

 As attorney general, Kline’s efforts to obtain access to patients’ medical records led to a two-year legal battle with the clinics. Eventually, through a Shawnee County district judge, Kline obtained edited copies of the records, including documents from the files of 29 Planned Parenthood patients.

 Kline lost his 2006 race for re-election to an abortion rights Democrat but was selected to fill a vacancy in the Johnson County prosecutor’s office.

Just before Kline left the attorney general’s office in January 2007, he had copies of the medical records transferred to Johnson County.

 The clinic argues that Kline was obliged to give up control of the records when he left the attorney general’s office. Kline argues that sharing of evidence among law enforcement officials is routine and notes that the Shawnee County judge later said Kline had permission to transfer the documents to other prosecutors.

 The clinics also are attacking how Kline handled the records. An investigator said he kept copies in a Rubbermaid container in his dining room for several weeks. Others, according to testimony before the Supreme Court, stored them briefly in cars and homes — and copied them at a Kinko’s in downtown Topeka on the day Kline left the attorney general’s office. Kline contends the records were still handled safely and in a way that protected patients’ privacy.

 After Kline became Johnson County DA, the new attorney general reviewed the evidence he collected and declined to prosecute the Planned Parenthood clinic. After that decision in June 2007, the clinic filed its lawsuit before the Supreme Court against Kline.

 Kline filed his charges in October 2007, and his case still is pending in Johnson County District Court. The clinic denies wrongdoing.

 All the felony charges against the clinic allege it falsified documents, based on questions about whether the documents the clinic supplied to the Shawnee County judge matched what already was on file with the state health department.

  The clinic has acknowledged discrepancies but has said no wrongdoing occurred. The attorney general’s office also has said it was aware of the issue but didn’t see evidence of wrongdoing.