Wichita, KS – Judge Clark Owens denied a motion filed by attorneys for abortionist George R. Tiller that challenged the constitutionality of the state statute mandating a jury of six for misdemeanor cases.

Tiller had asked for a jury of twelve to hear his 19 misdemeanor charges of illegal late-term abortions.

“We appreciate Judge Owen’s ruling that Tiller will have to have a jury of six, like every other person who faces misdemeanor charges in the State of Kansas. Maybe some day Tiller will understand that he is not above the law nor is he entitled to special privileges,” said Operation Rescue spokesperson Cheryl Sullenger, who was present at the hearing.

The jury pool will be sent a special juror questionnaire at least four weeks ahead of trial. Judge Owens agreed to the request, usually reserved for capital murder cases, because of the complex issues involved in Tiller’s case and because of the high emotions and strongly held opinions that surround the abortion issue.

A trial date was set for March 16, 2009.

“If I had not been in court and heard the scheduling conflicts for myself, I would have thought that the March 16 trial date was absolutely outrageous. As it is, I am disappointed that justice will have to wait for March while Tiller’s abortion business continues to place the lives of viable babies at risk,” said Sullenger.

Judge Owens set a deadline for defense motions to be filed by September 15, ordering the State to respond to those motions by October 17.

Tiller’s attorneys indicated that they will file motions that will challenge the way former attorney General Phill Kline obtained the medical records on which the charges against their client was based. That and other motions, they said, would require testimony and about a week to present. A hearing date has been set for November 17 for the hearing of that and possibly other motions.

“Tiller has lost his last two motions, and I suspect, since the Kansas Supreme Court set guidelines that permitted the Attorney General’s office to obtain the abortion records in the first place, any motion challenging those records will also fail,” said Sullenger.

Yesterday, Judge Owens released a 35-page opinion upholding the constitutionality of the Kansas ban on post-viability abortions and denying Tiller’s motion to dismiss the case.

Judge Owens denies Tiller’s motion to dismiss criminal charges. Upholds constitutionality of Kansas post-viability abortion ban

Wichita, KS – District Court Judge Clark V. Owens released a 35-page opinion today on the constitutional challenge to the Kansas post-viability abortion ban, saying that “K.S.A. 65-6703 survives all of the constitutional challenges” presented by Tiller. His motion to dismiss the 19 criminal charges against him was denied.

This ruling will send Tiller to trial to face allegations that he illegally aborted 19 viable babies without first having obtained the second concurring opinion from an unaffiliated Kansas physician. If convicted, Tiller faces the possibility of 19 years in jail.

“We have just one thing to say to Tiller today and that is, ‘See you in court!’” said Operation Rescue President Troy Newman. “Today’s ruling by Judge Owens vindicates our efforts to bring Tiller to justice. All along, we knew that it wasn’t the law that was faulty, but it was Tiller’s interpretation of the law that was faulty. This gives us a glimmer of hope that we could eventually see some shred of justice.”

Read Judge Owens’ Ruling (Page order corrected)

Wichita, Kansas – A local artist has allowed her original art works to embellish the Memorial to the Pre-Born at Operation Rescue’s new national headquarters.

Betty Bailey, a Wichita artist who specializes in infant portraits, has allowed six of her original artworks to hang in the building, four of which adorn a special wall that serves as a memorial to the pre-born. Bailey is also volunteers her time offering help to women outside George Tiller’s infamous late-term abortion mill.

“Betty’s art works bring home the humanity of the pre-born in a unique way,” said Operation spokesperson Cheryl Sullenger. “It is impossible to look at the Memorial Wall and not consider the human tragedy of abortion, both in terms of innocent lives cut short, and the aching hearts of the women who now regret their abortions and can only dream of what their babies might have been.”

Operation Rescue bought the building housing the Central Women’s Services abortion clinic in Wichita in June of 2006, forcing the abortion business to close. OR allowed the clinic to remain untouched for several months in order to document the filthy and unsafe conditions that existed there, and to allow the community and media an opportunity to tour the building in the appalling condition that the abortion business left it.

In January, 2007, the building’s interior had been completely demolished and a dedication service was held.

Construction on the new floor plan for what would become Operation Rescue’s state-of-the-art national headquarters began later that year and today the dedicated OR staff works to stop abortion from the building where abortion claimed an estimated 50,000 innocent lives.

“We invite those who are in the Wichita area to visit our new headquarters inside this transformed abortion mill and pay their respects at our Memorial for the Pre-born. Come and take time to reflect on the value of each individual life, and the tour the office, which stands as a powerful testimony to the redemptive power of Jesus Christ,” said Sullenger.

View additional photos
Visit Betty Bailey’s web site