Pretrial Hearing Of Kansas Abortion Provider Tiller Postponed Until January

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 25 Nov 2008 - 7:00 PDT

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A pretrial hearing in the case against Kansas late-term abortion provider George Tiller adjourned "abruptly" last week, with testimony scheduled to resume in January, the AP/Wichita Eagle reports (Hegeman, AP/Wichita Eagle, 11/21). Tiller is accused of violating a 1998 Kansas state law on post-viability abortions that requires a second, independent in-state physician to confirm 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). In the pretrial hearing, Tiller's attorneys are seeking dismissal of the charges or suppression of evidence because of alleged "outrageous conduct" by former Kansas Attorney General Phill Kline (R), who initiated the investigation of Tiller (AP/Wichita Eagle, 11/21). Kline was succeeded as attorney general by Paul Morrison (D), who later resigned after it was revealed that he was having an affair with a woman who worked in the attorney general's office. The defense also alleges that the woman, Linda Carter, pressured Morrison to pursue the charges against Tiller (AP/Kansas City Star, 11/20).

The pretrial hearing adjourned after four days of testimony "without much, if any, word from the major players," according to the AP/Eagle (AP/Wichita Eagle, 11/21). Defense attorneys submitted into evidence a July 2003 memo in which Stephen Maxwell -- a former assistant attorney general under Kline -- suggested ways the attorney general's office could get around the "legal obstacle" of having neither a definitive complainant nor an allegation that a medical provider knowingly failed to report sexual abuse when he sought to open the investigation against Tiller. According to the AP/Star, the memo "is key to the defense claim that Kline targeted abortion providers without having a complaint that anyone may have broken the law." Maxwell testified that he was not aware of anyone in the attorney general's office at the time of the memo who had knowledge of any complaints against Tiller (AP/Kansas City Star, 11/20).

Morrison is expected to testify when the pretrial hearing resumes in January, and defense attorneys also hope to question Carter, the AP/Eagle reports. Kline -- whose testimony last week was cut off by a scheduling conflict -- is expected to return to the stand in January. The trial is scheduled to begin in March (AP/Wichita Eagle, 11/21).

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