Case Continues against Kansas Abortion Provider
Despite Possible Ethics Complaints Relating to Prosecutor Conduct
Feb 26, 2009
The criminal case continues against Dr. George Tiller of Wichita, Kansas despite possible ethics complaints against the original State Attorney in charge of the case. Tiller is charged with nineteen misdemeanors claiming he did not get a second opinion for some late-term abortions from another physician, as required by a 1998 Kansas law.
The defense had moved for the charges against Tiller to be dismissed on the basis of former State Attorney Phill Kline's conduct during the investigation. Kline and two of his associates may face ethics complaints stemming from their prosecution of abortion providers. A February 19th letter said a review committee for the state Board for the Discipline of Attorneys has found probable cause Kline and his two deputies violated rules of conduct.
Kline's handling of evidence is the main focus of contention. Documents turned over in the discovery process indicate Kline planned for armed raids in the clinic to seize patient records, employee files and even the license plate numbers from the parking lot. There have been accusations that Kline's prosecution of Tiller far exceeded the requirements of his office and became an obsession. Former Kline employee Jason Reed testified he was told by the Assistant Attorney General, "Individual careers are sometimes worth sacrificing for the greater cause, specifically of killing babies."
Kline was voted out of the State Attorney's Office and out of the Johnson County District Attorney's Office. Since leaving office, he has taken a position teaching at the late Jerry Falwell's Liberty University. But still unwilling to let the case go, Kline tried to mail medical records to his new job in Lynchburg, Virginia. The records never made it, however, and because of an insufficient address were returned to Kansas. The box is now locked in the Kansas Attorney General's Office.
Though the behavior of Kline may result in an ethics complaint, it was not enough to have the case against Tiller dismissed. Sedgwick County Judge Clark Owens refused to dismiss the case or throw out evidence, saying Kline's conduct did not warrant a dismissal. If Tiller is convicted on all charges, he faces a maximum one year prison sentence and a $2,500 fine for each offense. The defense attorneys, however, have said they do not believe Tiller will actually be convicted on any of the charges. Dr. Tiller's trial is scheduled to begin March 16, 2009.
This is not the first time Tiller has been targeted by the anti-choice movement. In 1993, he was shot in both arms outside of a Wichita health care center by Rachelle Shannon, an anti-choice fanatic. Despite being targeted by politicians, lawyers and extremists, Tiller continues to practice medicine and support the rights of women.
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