Topeka, KS — A motion was filed on Friday with the Kansas Supreme Court by Special Prosecutor Don McKinney, asking the Court to vacate the dismissal ruling made by Judge Paul W. Clark, and reinstate 30 criminal charges related to illegal late-term abortions against George R. Tiller.
District Attorney Nola Foulston successfully intervened hours after the charges were filed against Tiller by Attorney General Phill Kline, having them dismissed on the grounds that she says an Attorney General has no right to file criminal cases in District Courts without the permission of the District Attorney.
Yesterday’s motion challenged Foulston’s interpretation of the law.
“The judicial system of this state cannot function properly if loose cannon local prosecutors can hijack a case from the attorney general and then dismiss the charges to protect their friends or political allies,” McKinney said in a statement that appeared Saturday in the Wichita Eagle.
Kline will leave office on Monday, January 8, and be replaced by Paul Morrison, who campaigned against Kline’s investigation into abortion clinic wrong-doing, at one point stating he would drop all investigations if elected.
Morrison has also vowed to fire Kline’s Special Prosecutor as one of his first official acts.
“We support the work of Kline and McKinney and pray that their efforts will prevail,” said Operation Rescue President Troy Newman. “As citizens, we are exploring what options are available to us, independent from anything the Attorney General may be doing, to see to it that Tiller answers for these charges in a court of law. As Christians, that is our duty because we are commanded by Scripture to seek justice for the innocent, and there is no class of people that suffers more from injustice than the pre-born.”
Operation Rescue is holding a four-day event called “A Cry for Justice” in Wichita, KS, on January 19-22 to call national attention to Tiller’s late-term abortion business and the injustice of the obstruction of the criminal prosecution against him. The event was prompted by comments made by Fox News Host Bill O’Reilly, who criticized Tiller’s late-term abortion business and stated, “There should be thousands of people demonstrating outside Tiller’s clinic in Wichita.”
View text of Complaint against Tiller
View “A Cry for Justice” Event Page
Read analysis of witnesses who would have testified against Tiller