Tiller Has His Day In Court
by Steven Ertelt
LifeNews.com Editor
Wichita, KS (LifeNews.com) -- The hearing on the latest battle between Kansas state officials and late-term abortion practitioner George Tiller began on Monday. Tiller faces criminal charges filed against him by the state attorney general but his attorneys are trying to get them dismissed with accusations documents were illegally obtained in the case.
Tiller was slapped with 19 criminal charges for failing to follow state law requiring a second opinion on the abortions.
The week-long hearing is focused on a request from Tiller's attorneys that the evidence in the case be suppressed because of claims that it was improperly obtained.
Former attorneys general Phill Kline and Paul Morrison as well as others involved in the Tiller investigation are expected to testify in the case, held in Sedgwick County District Court.
In fact, Kline testified today as Tiller, who rarely appears in court while his attorneys defend him on the charges, showed up with a button on his short saying, "Attitude is everything."
Tiller attorneys are asking Judge Clark Owens to dismiss the evidence by claiming Kline didn't get proper clearance from the courts for the evidence.
They are also claiming that a sex scandal involving former Attorney General Paul Morrison, Kline's successor, makes the evidence improper arguing that his mistress pressured him to prosecute Tiller.
During the testimony, Tiller attorney Dan Monnat questioned Kline and accused him of politicizing the investigation into Tiller because he is pro-life. Kline confirmed his pro-life views but said he was interested in enforcing state law.
"I wanted to enforce the law," he said. "My belief was that the law was not being enforced."
Assistant Attorney General Barry Disney argued for the state and current Attorney General Steve Six and he said Tiller's lawyers have a very high burden in attempting to show the current or past attorney generals acted in a way that disqualifies the evidence.
Tiller is scheduled to go on trial for the charges in March but this part of the case could affect what evidence is brought up at that trial.
In the abortions, Tiller should have followed state law requiring a concurring signature from a second physician who is not legally or financially affiliated with him.
Instead, Tiller used an affiliated associate, abortion practitioner Ann Kristin Neuhaus, with whom he has a financial working relationship.
The second physician is supposed to validate whether the mother will face "substantial and irreversible" harm to "a major bodily function" without the abortion -- the lone times when a late-term abortion can be done legally.
Tiller's attorneys have made what are considered outlandish claims that Kline engaged in supposed misconduct. Their goal is to challenge the way Kline obtained the medical records that led to the charges.
Mary Kay Culp, the director of Kansans for Life, emailed LifeNews.com about Monday's hearing and said Tiller's button showed he is trying to claim he is above the law.
"Here we have a man trying to avoid a trial by falsely claiming he was singled out for prosecution, insisting that he be singularly allowed to put two attorneys general and a District Court Judge on trial first," she said. "That is attitude indeed."
"We can only hope that Tiller's high-dollar defense show is about the judge wanting it out of the way prior to the Tiller trial next March, because any other explanation, or if it is allowed to result in cancellation of that trial, means this state's capitulation to Tiller's political power is complete," she added.
In July, Judge Clark Owens rejected a request from Tiller attorneys to overturn the charges based on a claim the law limiting late-term abortions is unconstitutional.
In July, Judge Clark Owens rejected a request from Tiller attorneys to overturn the charges based on a claim the law limiting late-term abortions is unconstitutional.
If Tiller's latest motions fail, he is scheduled to face trial on March 16, 2009 and could face one year in prison for each count on which he is convicted.
Tiller was slapped with 19 criminal charges for failing to follow state law requiring a second opinion on the abortions.
The week-long hearing is focused on a request from Tiller's attorneys that the evidence in the case be suppressed because of claims that it was improperly obtained.
Former attorneys general Phill Kline and Paul Morrison as well as others involved in the Tiller investigation are expected to testify in the case, held in Sedgwick County District Court.
In fact, Kline testified today as Tiller, who rarely appears in court while his attorneys defend him on the charges, showed up with a button on his short saying, "Attitude is everything."
Tiller attorneys are asking Judge Clark Owens to dismiss the evidence by claiming Kline didn't get proper clearance from the courts for the evidence.
They are also claiming that a sex scandal involving former Attorney General Paul Morrison, Kline's successor, makes the evidence improper arguing that his mistress pressured him to prosecute Tiller.
During the testimony, Tiller attorney Dan Monnat questioned Kline and accused him of politicizing the investigation into Tiller because he is pro-life. Kline confirmed his pro-life views but said he was interested in enforcing state law.
"I wanted to enforce the law," he said. "My belief was that the law was not being enforced."
Assistant Attorney General Barry Disney argued for the state and current Attorney General Steve Six and he said Tiller's lawyers have a very high burden in attempting to show the current or past attorney generals acted in a way that disqualifies the evidence.
Tiller is scheduled to go on trial for the charges in March but this part of the case could affect what evidence is brought up at that trial.
In the abortions, Tiller should have followed state law requiring a concurring signature from a second physician who is not legally or financially affiliated with him.
Instead, Tiller used an affiliated associate, abortion practitioner Ann Kristin Neuhaus, with whom he has a financial working relationship.
The second physician is supposed to validate whether the mother will face "substantial and irreversible" harm to "a major bodily function" without the abortion -- the lone times when a late-term abortion can be done legally.
Tiller's attorneys have made what are considered outlandish claims that Kline engaged in supposed misconduct. Their goal is to challenge the way Kline obtained the medical records that led to the charges.
Mary Kay Culp, the director of Kansans for Life, emailed LifeNews.com about Monday's hearing and said Tiller's button showed he is trying to claim he is above the law.
"Here we have a man trying to avoid a trial by falsely claiming he was singled out for prosecution, insisting that he be singularly allowed to put two attorneys general and a District Court Judge on trial first," she said. "That is attitude indeed."
"We can only hope that Tiller's high-dollar defense show is about the judge wanting it out of the way prior to the Tiller trial next March, because any other explanation, or if it is allowed to result in cancellation of that trial, means this state's capitulation to Tiller's political power is complete," she added.
In July, Judge Clark Owens rejected a request from Tiller attorneys to overturn the charges based on a claim the law limiting late-term abortions is unconstitutional.
In July, Judge Clark Owens rejected a request from Tiller attorneys to overturn the charges based on a claim the law limiting late-term abortions is unconstitutional.
If Tiller's latest motions fail, he is scheduled to face trial on March 16, 2009 and could face one year in prison for each count on which he is convicted.
posted by Al @ 4:49 AM
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