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Medical News Today

Attorneys for Wichita, Kan., abortion provider George Tiller filed papers Monday in an effort to have criminal charges against Tiller dismissed or to suppress evidence because of misconduct by prosecutors, citing the "personal animosity" former state Attorney General Phill Kline (R) showed toward "abortion providers in general and Dr. Tiller in particular" during Kline's prosecution of the case, the Kansas City Star reports.

The 154-page legal filing relies extensively on internal memos. The filing states that Kline -- who now is district attorney of Johnson County, Kan. -- and the top deputies in his administration are accused of repeatedly misstating the nature of their investigation, misusing law enforcement power for ideology and ignoring evidence that did not fit their suspicions (Klepper, Kansas City Star, 9/15). Tiller faces 19 misdemeanor charges for allegedly violating a 1998 state law on post-viability abortions that requires a second, independent Kansas physician to state that pregnant women would suffer "substantial and irreversible" harm to "a major bodily function" if the abortion were not conducted.

Tiller's attorneys argue that Tiller and other abortion providers were targeted for prosecution by Kline when he took office in January 2003. The motion says that the case has "from the outset been saturated with lies, reckless conduct and negligence" (Hegeman, AP/Minneapolis Star Tribune, 9/15). According to the filing, Kline's office in August 2004 drafted plans to obtain search warrants for Tiller's office with the aim of obtaining patient and employee files and license plate numbers of cars in the parking lot. Police taking part in the raid were ordered to be armed, carry handcuffs and warned that Tiller, who was once shot by an antiabortion advocate, might be armed, the filing says.

Other allegations in the filing include: that Kline attempted to mask the investigation of abortion providers as a broader investigation of sexual abuse of minors; that Kline had not known of any complaint or allegation that Tiller had failed to report before Kline began the investigation; that Kline's staff coordinated with antiabortion advocates to pressure other prosecutors in other states to file similar charges and identify Tiller's employees; and that Kline subpoenaed a guest list from a Wichita hotel known to be used by Tiller's patients for guests who had received a medical discount.

Tiller's attorneys also argue in the filing that former state Attorney General Paul Morrison (D), who succeeded Kline in the post, was motivated to file charges against Tiller by Linda Carter, who worked in the office of the attorney general for both Kline and Morrison. Morrison resigned as attorney general earlier this year after his affair with Carter was revealed. Morrison was replaced as attorney general by Stephen Six (D) (Kansas City Star, 9/15).

Kline defended his prosecution of Tiller, the AP/Star Tribune reports. "Every judge that has seen the evidence has found probable cause that Mr. Tiller committed crimes. Patient names are not a part of the record, and it is clear Mr. Tiller and his attorneys believe he is above the law." (AP/Minneapolis Star Tribune, 9/15). Six on Tuesday said, "I think the motion has some disturbing allegations about how some of the case history was developed," adding, "I wouldn't comment specifically on what our response is going to be, other than the office is working on filing a response, which will present our views in court." Six said his office is "going to work on moving forward with the case" (Hanna, AP/Hayes Daily News, 9/16).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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