Clark rules Foulston did not “acquiesce.”
CLICK HERE TO VIEW O’REILLY FACTOR SEGMENT DISCUSSING THIS RULING (12/27/06, courtesy of kansasmeadowlark.com)
Read text of Kline’s Statement regarding this ruling
Wichita, KS — Charges remain dismissed against late-term abortionist George R. Tiller after Judge Paul W. Clark refused to overturn his ruling that Kline had no authority to file the charges in Sedgwick County without the invitation or “acquiescence” of District Attorney Nola Foulston, in spite of clear statutory law to the contrary.
Assistant Attorney General Steven Maxwell presented arguments that Kline did in fact have the authority to file because the matter fell under the jurisdictional guidelines of a criminal inquiry. Those rules allow an attorney general to file in any county in Kansas, according to Maxwell.
District Attorney Nola Foulston became animated during her arguments as she asserted that she and she alone held the authority to prosecute criminal cases in the 18th District Court. “The District Attorney is being usurped by some out-of towner on his way out as Attorney General,” Foulston said in a loud, angry voice. “I control the prosecution of cases I this jurisdiction!”
A reporter in the audience who was representing a Christian-based radio station audibly responded, “Yes, that’s the problem.” She immediately complied with Judge Clark’s request that she remove herself from the courtroom.
“At that point I was starting to wonder about Foulston’s ability to control her emotions,” said Operation Rescue staff member Cheryl Sullenger, who was present at the hearing. “It was clear that she took this all very personally, and as an attack on her power and authority, terms she repeatedly used during what I would describe as a tirade. It was very clear that Nola rules the roost in Sedgwick County and even the judges are afraid to oppose her.”
Foulston created a moment of drama in the court when she mistakenly asserted that the statute of limitations had expired on each of the 30 counts filed last week by Kline. However, Maxwell pointed out that he was surprised to hear that Foulston was unfamiliar with the fact that the legislature had extended the statute of limitations from three to five years on charges of this nature.
Maxwell told the court that Kline plans to appoint Wichita attorney Don McKinney as special independent prosecutor of the Tiller case. He also expressed that the Attorney General’s office would reserve the right to appeal.
Attorney General Phill Kline did not attend the hearing, but appeared in the courthouse afterwards to answer questions of the media. He stated that Foulston cited no relevant case law to support her position.
In the end, Clark said the motion rested on whether or not Foulston “acquiesced.” Maxwell insisted that she did, and only objected after the case was filed. Foulston insisted she did not. Clark arbitrarily ruled, based on nothing in particular, that Foulston did not “acquiesce,” leaving the case dismissed.
“This just goes to show the political muscle Tiller flexes in this state,” said Operation Rescue President Troy Newman, who was also present at the hearing. “But this case is far from over. We strongly believe that once an appeals court hears the arguments, the charges will be reinstated. We won’t rest until Tiller is brought to justice for these crimes.”
I really pray that God will intervene and Tiller will be brought to justice. I pray that God will strip away all of Tiller’s worldly goods such as his house, his car,all of his money…i pray that God will turn away the hearts of his friends. Then when Tiller is a broken man, and has lost all the things he killed babies for…then and only then will Tiller turn to God! I pray for his soul, and that maybe God will have mercy on him and reach his wretched heart before the day he dies and pays for his sins in an eternal hell far more agonizing than any of the pain he inflicted on children.
We shouldn’t hate Tiller. What he does makes me angry, but i really feel a lot of compassion for him.What a warped, bitter, angry, isolated man he must be. I pray for him everyday.
We stand with you and with the Lord Almighty that justice will be served here.
We must pray hard that Tiller becomes like a modern day St. Paul. Is it possible that God is trying to tell us something? If we put our trust in “princes” (e.g. elected officials and government appointed officials), we get nowhere. The situation in Kansas – where the law in my opinion gets put aside for Tiller – is incomprehensible. If I didn’t know this was happening in real life, I would think this MUST be fiction.
We know that God can do anything if it’s in His Will. If we put our faith and trust in God and continuously beg Him to convert Tiller, He can do it. Maybe God is asking us to pray more.
Remember this: If this case continues (despite Clark’s ruling), Tiller will just appeal over and over. He will be seen as a “hero” by the abortion industry moreso than he is now. If he converts after all this time, it will send shockwaves through the abortion industry. It will be a testimony to the power of prayer. Bernard Nathanson converted. Other abortionists have converted. Tiller can as well.
Prayer is one thing. Action is another. Everybody needs to contact their elected representatives as well as the new Attorney General to plead with him to bring Tiller to justice.
Action is great: Standing on the sidewalk near Tiller’s child slaughterhouse and trying to communicate and provide materials to customers as they enter or leave has resulted in many saved babies. Clearly, the crosses need to be watched. Exposing and boycotting businesses that support Tiller’s child sacrifice business has done a lot.
But don’t expect much out of the elected officials or government appointees. It is my opinion that most elected officials are in it for THEMSELVES, not the people they claim to serve. Clearly, Phill Kline is an enigma in that he’s trying to do what is right. He is a rarity. But he can only accomplish something if everyone else in power is as honest as him. It is my opinion that Kansas state and local governments are government for Tiller, by Tiller, and of Tiller. Depending on self-serving politicians should never take away from serious prayer. The only One that we can truly depend on to be totally honest, totally consistent, and totally forthright is God Himself.
I just wanted to share something a little off the topic. I am preparing to go to Washington for the pro-life march. I somehow ended up on a pro-choice site. I took a brief look @ what they had to say. They sell a lot of merchandise for choice promotion.Their T-shirts caught my eye.They read;I HAD AN ABORTION and BUSH-KEEP YOUR LAWS OUT OF MINE. [2 of many]In the comment section I responded that I thought that their tees were tasteless,and they rejected my comment.I guess if your opinion is different from theirs,that’s all she wrote.
4life,
And these are the very people who preach to the rest of us unenlightened peasantry about the importance of tolerance! This only further shores up a long held conviction of mine, that those who are the first and loudest to condemn the intolerance of others are the people most blind to their own.
4life and Mary, I definitely agree. These people tell you that Christians should just go in a corner and pray. They say that anything other than that is being an “in your face Christian.” Then they pull the classic “Stop judging me!” line. Meanwhile, these people think it’s fine if they parade their pro-baby-killing stance out in the street with all sorts of tasteless and disgusting slogans. I’m sure these people would call St. John the Baptist and St. Paul “in your face Christians” as well. It’s an honor to be in the company of either of them.
As for the Bush comment on the t-shirt, these people ought to be happy with Bush: he personally gave his approval to selling Plan B over the counter. Oh yeah, as long as the person purchasing it is over a certain age. That means a dirty old rapist can purchase it and make his young victim take it.
Yes Bill and Mary,and furthermore,what woman would wear this garbage?Most of the post abortive women that I know are to wounded from PAS.THEY wouldn’t even wear this stuff!!! I mean are these folks looking for a pat on the back or something???An abortion is nothing to be proud of!How do feminist women figure it empowers them?They ought to look @ some pictures of aborted babies[which I'm sure they don't]and then get back to us.
un-belivable is all i can say. pray for george tiller to repent, and for all his victims. justice will be done one way or the other. you reap what you sow God cannot be mocked.
One more note on the Pro-choice issue-These women cry”Keep your laws out of my bedroom.” What are they talking about? What laws? This is also splashed across one of their T-shirts. What they really mean is; let me do my sleeping around, and if I become pregnant,it’s none of your concern.Don’t worry about my selfish behavior. I become heart sick every time I see pictures of aborted babies.I cry over dead baby bodies callously being thrown into dumpsters.The pro-choice people always use that weak argument”Why don’t you pro-life folks ever adopt?”Well,we DO!I’ve learned over time that abortion is just a quick,easy way out for women that do not wish to be bothered with a baby.Oh ya…and how about when they chant about men and abortion?They use that lame argument that if men could bear children there would be no debates over abortion.How the heck do they know?I know a lot of men that are hurt and disgusted because they WANTED to be fathers.They WANTED their children.Where was their choice?THEY were deprived. It’s all just so twisted.Also,for women that say”He pressured me.”All I can say to that is ;Some woman just made him very happy to escape responsibility.That’s where feminists are WRONG[saying that abortion empowers a woman]How so?To make decisions over your own body starts in the bedroom by making responsible sexual choices.Condoms are in every drug store and they are affordable.How does killing your child make you feel empowered?It’s a cowards way out.Giving life is what’s empowering!