The antiabortion group Kansans for Life on Wednesday delivered a petition asking for a Sedgwick County, Kan., grand jury to investigate abortion provider George Tiller, who has been charged with 19 misdemeanors for allegedly violating a state law that requires an independent, consulting physician to approve some late-term abortions, the AP/Wichita Eagle reports. In the petition, which contains 7,857 signatures, the group asks the Sedgwick County District Court to convene a grand jury and appoint an independent prosecutor to investigate Tiller (Hegeman, AP/Wichita Eagle, 9/6).
State Attorney General Paul Morrison (D) in June filed charges alleging that Tiller, who owns Women's Health Care Services in Wichita, Kan., had financial ties to physician Ann Kristin Neuhaus, from whom he received a second opinion before performing 19 late-term abortions in 2003.
A 1998 Kansas law says that before an abortion of a fetus of 21 weeks' gestation or more, two physicians must determine if continuation of a pregnancy will lead to death or "substantial and irreversible" harm to a "major bodily function." Consulting physicians cannot have legal or financial ties to abortion providers. Tiller's attorneys have entered a not guilty plea to the alleged misdemeanors and filed a motion to dismiss the charges. If convicted, Tiller could face up to one year in jail and a $2,500 fine for each of the 19 misdemeanor charges (Kaiser Daily Women's Health Policy Report, 8/7).
Grand Jury Petition
According to the AP/Eagle, petitioners want the grand jury to examine late-term abortions that Tiller performed during the past five years and the reasons cited for the abortions. The group said it does not want the Sedgwick County Office of the District Attorney or Morrison's office associated with the investigation because neither could conduct an unbiased investigation. According to the group, Morrison was not thorough enough in his examination of Tiller's case.
"We waited nine years for those in law enforcement to do their jobs," David Gittrich, state development director for Kansans for Life, said. Tiller's attorneys did not have immediate comment on the petition, according to a receptionist at the law office of Tiller attorney Lee Thompson. "I can assure you the attorney general will enforce the law regardless of his personal view," Ashley Anstaett, spokesperson for Morrison, said, adding, "He does not and will not let politics influence this or any other case." Georgia Cole, spokesperson for Sedgwick County District Attorney Nola Foulston (D), said, "We are confident they will do as the law allows."
According to the AP/Eagle, the number of signatures submitted by Kansans for Life is nearly three times the number needed to convene a grand jury (Hegeman, AP/Wichita Eagle, 9/6).
Morrison Allowed To Intervene in Planned Parenthood, Kline Case
In related news, the Kansas Supreme Court on Wednesday ruled that Morrison could intervene in the legal dispute between Planned Parenthood of Kansas and Mid-Missouri's Overland Park clinic Comprehensive Health and former state Attorney General Phill Kline (R), the Kansas City Star reports (Klepper, Kansas City Star, 9/5).
Kline in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health or Women's Health Care Services in Wichita, which is owned by Tiller, saying there is probable cause that each record contains evidence of a felony. The state Supreme Court in February 2006 ruled that Kline could seek access to the records but that he must return to Shawnee County, Kan., District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office in November 2006 after removing information that would identify individuals.
Morrison -- who defeated Kline in the November 2006 election -- in May in a letter to PPKM attorney Pedro Irigonegaray wrote that he has ended the investigation of Comprehensive Health. Morrison added that the attorney general's office "found no evidence of any criminal wrongdoing" by the clinic. Morrison in the letter also said that Kline forwarded copies of the medical records from PPKM patients to the Johnson County, Kan., district attorney's office on Jan. 5 -- three days before he left the state attorney general's office. Kline, who replaced Morrison as Johnson County district attorney, retains copies of the records, according to Morrison's letter (Kaiser Daily Women's Health Policy Report, 7/23). PPKM is seeking the return of the records used by Kline in the investigation.
According to the Star, Morrison also is suing Anderson in a separate lawsuit. Records in that case also are sealed. Kline said that if Morrison is attempting to force Anderson to return the records, it would be "unprecedented, bizarre and contrary to the responsibilities of a prosecutor." Anstaett declined to comment on the details of either lawsuit. She said that because of the court seal, Morrison's office could not review the Planned Parenthood lawsuit without getting permission to intervene (Kansas City Star, 9/5).
State Attorney General Paul Morrison (D) in June filed charges alleging that Tiller, who owns Women's Health Care Services in Wichita, Kan., had financial ties to physician Ann Kristin Neuhaus, from whom he received a second opinion before performing 19 late-term abortions in 2003.
A 1998 Kansas law says that before an abortion of a fetus of 21 weeks' gestation or more, two physicians must determine if continuation of a pregnancy will lead to death or "substantial and irreversible" harm to a "major bodily function." Consulting physicians cannot have legal or financial ties to abortion providers. Tiller's attorneys have entered a not guilty plea to the alleged misdemeanors and filed a motion to dismiss the charges. If convicted, Tiller could face up to one year in jail and a $2,500 fine for each of the 19 misdemeanor charges (Kaiser Daily Women's Health Policy Report, 8/7).
Grand Jury Petition
According to the AP/Eagle, petitioners want the grand jury to examine late-term abortions that Tiller performed during the past five years and the reasons cited for the abortions. The group said it does not want the Sedgwick County Office of the District Attorney or Morrison's office associated with the investigation because neither could conduct an unbiased investigation. According to the group, Morrison was not thorough enough in his examination of Tiller's case.
"We waited nine years for those in law enforcement to do their jobs," David Gittrich, state development director for Kansans for Life, said. Tiller's attorneys did not have immediate comment on the petition, according to a receptionist at the law office of Tiller attorney Lee Thompson. "I can assure you the attorney general will enforce the law regardless of his personal view," Ashley Anstaett, spokesperson for Morrison, said, adding, "He does not and will not let politics influence this or any other case." Georgia Cole, spokesperson for Sedgwick County District Attorney Nola Foulston (D), said, "We are confident they will do as the law allows."
According to the AP/Eagle, the number of signatures submitted by Kansans for Life is nearly three times the number needed to convene a grand jury (Hegeman, AP/Wichita Eagle, 9/6).
Morrison Allowed To Intervene in Planned Parenthood, Kline Case
In related news, the Kansas Supreme Court on Wednesday ruled that Morrison could intervene in the legal dispute between Planned Parenthood of Kansas and Mid-Missouri's Overland Park clinic Comprehensive Health and former state Attorney General Phill Kline (R), the Kansas City Star reports (Klepper, Kansas City Star, 9/5).
Kline in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health or Women's Health Care Services in Wichita, which is owned by Tiller, saying there is probable cause that each record contains evidence of a felony. The state Supreme Court in February 2006 ruled that Kline could seek access to the records but that he must return to Shawnee County, Kan., District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office in November 2006 after removing information that would identify individuals.
Morrison -- who defeated Kline in the November 2006 election -- in May in a letter to PPKM attorney Pedro Irigonegaray wrote that he has ended the investigation of Comprehensive Health. Morrison added that the attorney general's office "found no evidence of any criminal wrongdoing" by the clinic. Morrison in the letter also said that Kline forwarded copies of the medical records from PPKM patients to the Johnson County, Kan., district attorney's office on Jan. 5 -- three days before he left the state attorney general's office. Kline, who replaced Morrison as Johnson County district attorney, retains copies of the records, according to Morrison's letter (Kaiser Daily Women's Health Policy Report, 7/23). PPKM is seeking the return of the records used by Kline in the investigation.
According to the Star, Morrison also is suing Anderson in a separate lawsuit. Records in that case also are sealed. Kline said that if Morrison is attempting to force Anderson to return the records, it would be "unprecedented, bizarre and contrary to the responsibilities of a prosecutor." Anstaett declined to comment on the details of either lawsuit. She said that because of the court seal, Morrison's office could not review the Planned Parenthood lawsuit without getting permission to intervene (Kansas City Star, 9/5).
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