Ex-Senate candidate: Board has ended probe of Facebook posts


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TOPEKA, Kan. (AP) — A Kansas radiologist who lost a hard-fought primary battle to Republican Sen. Pat Roberts said Monday that the state's medical board has dropped an investigation into whether he violated patient privacy by posting X-ray images of severe medical injuries on Facebook.

The state Board of Healing Arts inquiry began last year and came to light during the final weeks of Milton Wolf's campaign before the August Republican primary against Sen. Pat Roberts. Wolf, a Leawood radiologist, had tea party backing and received 41 percent of the vote to Roberts' winning 48 percent in a four-candidate race. Roberts won a fourth, six-year term in November after another spirited challenge from independent candidate Greg Orman.

The board's investigation centered on Wolf's postings on a private Facebook page in 2010 of X-ray images of fatal gunshot wounds and other severe injuries, along with dark-humor commentary. Wolf apologized for the postings when they came to light in February 2014.

Wolf, a former campaign aide and Mark Stafford, a Topeka attorney representing Wolf, issued email statements saying the board had dropped its investigation. Stafford said the board notified Wolf of its action last week, adding it did so "without any findings of wrongdoing."

"It's frustrating that justice is often delayed, but in our system ultimately the truth must prevail," Stafford said in a statement.

Wolf and his supporters argued that the board's investigation was a political attack orchestrated by Roberts and his allies, something they disputed. Roberts' office declined comment Monday.

The board's executive director, Kathleen Selzler Lippert, sent The Associated Press a lengthy statement describing the board's process for handling complaints, without confirming any details about Wolf's case. In it, she noted that the board is required by law to keep its investigations confidential because "some complaints have merit while others lack merit."

Investigations remain confidential until a board panel directs an attorney to file a formal petition — which can lead to a public hearing on possible sanctions.

"The only way to determine whether a complaint has merit is to ask questions and gather information relevant to the issue," Lippert's statement said. "When a complaint is received it is reviewed."

The Topeka Capital-Journal first reported on the postings in February 2014 and learned of the board's investigation in July 2014 when a disciplinary counsel sent the newspaper a letter seeking information them. Roberts' campaign advertisements suggested that patients' privacy had been violated, something Wolf strongly disputed.

Roberts initially was expected to cruise to re-election in a state in which Republicans have won every U.S. Senate race since 1932. But Wolf made headway by attacking Roberts for listing rented space in the Dodge City home of supporters as his official residence and then stumbling in explaining his ties to Kansas.

Wolf said in his email statement Monday that in coming weeks, GOP voters in Kansas will learn about "corruption" helping career politicians "cling to power," without being more specific.

"They did everything they could to destroy me but they failed," Wolf said. "I'm still standing and I won't back down."

Wolf has strongly criticized Roberts and fellow Kansas GOP Sen. Jerry Moran over a variety of issues in tweets in recent weeks. Wolf also criticized Moran last year because Moran led the National Republican Senatorial Committee, which backed Roberts in the primary, as well as Mississippi Sen. Thad Cochran against a tea party primary challenger.

Moran is seeking re-election next year, and some Republicans see Wolf as a potential primary challenger. Finance records show Moran ended June with nearly $2.35 million in cash in his campaign fund. Wolf reported having about $46,000 in cash in his campaign fund at the end of June, but also nearly $71,000 in outstanding debts, including $50,000 in personal loans to his campaign against Roberts.

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Follow John Hanna on Twitter at https://twitter.com/apjdhanna .

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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