Kansas AG Files Papers Defending Investigation Of Abortion Provider Tiller

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 21 Oct 2008 - 8:00 PDT

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The office of Kansas Attorney General Steve Six (D) last week filed court papers defending the state's prosecution of abortion provider George Tiller and arguing that alleged misconduct by the office of former Attorney General Phill Kline in his investigation of Tiller is not grounds for dismissing the case, Associated Press reports (Hegeman, Associated Press, 10/16). Tiller has been accused of violating a 1998 state law on post-viability abortions that requires a second, independent Kansas physician to state that a pregnant woman would suffer "substantial and irreversible" harm to "a major bodily function" without an abortion (Daily Women's Health Policy Report, 9/17). Last month, attorneys for Tiller filed a motion asking the court to either suppress evidence or dismiss the charges because of alleged "outrageous" misconduct by then-Attorney General Phill Kline (R), who originated the investigation, and Eric Rucker, an attorney in Kline's office. Former Attorney General Paul Morrison (D) continued the investigation after defeating Kline in the 2006 election.

In their filing, Six and members of his staff stated that the allegation of outrageous conduct was based on speculation and misinterpretation. They added that the investigation that led to charges against Tiller was undertaken in measured steps that were reviewed by a judge and that the defense's claim that there was a "selective investigation" of Tiller was meritless. According to the prosecution's filing, the state also plans to present evidence that Morrison began an independent investigation that reviewed previously collected material and included issuance of subpoenas and an examination of financial matters involving Tiller and the physician he relied on for independent opinions, Ann Kristin Neuhaus. The current charges were filed based on the independent review and material collected by Morrison, the AAssociated Press reports.

Sedgwick County District Judge Clark Owens reserved the week of Nov. 17 to hear evidence before making a decision on Tiller's dismissal request (Associated Press, 10/16).

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