TILLER CHARGED WITH 19 CRIMINAL COUNTS

Wichita, KS — Attorney General Paul Morrison has announced that he is filing 19 misdemeanor charges against late-term abortionist George R. Tiller because he used a second physician that was not financially or legally unassociated with him, as required by law.

Operation Rescue has been reporting since August, 2006, that they suspected that Tiller’s association with Dr. Ann Kristen Neuhaus was an illegal one. Neuhaus was listed as a witness when Former Attorney General Phill Kline filed 30 criminal charges against Tiller last December. Those charges were dismissed on shaky jurisdictional grounds.

In his announcement, Morrison trivialized the murder of late-term children by calling the charges a “technical violations.”

“While we are happy that charges are being filed against Tiller, we are guarded about this because we believe that these charges are the weakest against Tiller. There is now a pattern of illegal activity by abortionist Tiller and Kline’s investigation is proven to have merit,” said Operation Rescue President Troy Newman.

“Now, because we have charges on the 2003 records, we insist that Morrison subpoena the 2004 and 2005 abortion records. Furthermore, in order for justice to be done, the criminal late-term abortion charges against Tiller, as supported by Psychiatrist Dr. Paul McHugh must be reinstated,” said Newman.

Kline filed 15 charges alleging illegal late-term abortion were committed by Tiller for reasons such as so a woman could go to a rock concert.

“We believe the filing of charges against Tiller vindicates Kline’s investigation of Tiller,” said Newman. “There is a pattern of abuses and illegal activity that is going on at Tiller’s mill. This is just the tip of the iceberg.”

  • Frank

    Some miscellaneous thoughts:

    1. While it appears there was evidence supporting charges of illegal late-term abortions, Morrison’s refusal to prosecute on those charges is, although disappointing, not at all surprising.

    2. That said, even seemingly trivial charges can mount. Al Capone was finally jailed for tax evasion.

    3. Also, don’t understate the present relevance of the Duke University/Mike Nifong controversy: A prosecutor who crosses the line by pressing a flawed prosecution risks disbarrment, personal liability, and even jail time. A prosecutor is on much firmer ground by pressing lower-level charges which are nevertheless easier to “make stick.”

    4. Moreover, all of this leads to a larger question: Are there licensing laws which would preclude issuance of a medical license to a doctor who is convicted of certain laws? Are these laws Tiller is accused of violating, such laws (they are apparently misdemeanors)?

    Regards,
    Frank

  • Donald Casillo

    Praise be to God.

  • Weeping in Kansas

    This is but a mere slap on the wrist for Tiller the Killer…

  • Mike Johnson

    Analysis of Recent Developments in the Tiller Case and Talking Points

    Thanks to consistent and courageous leadership of certain pro-lifers we have great opportunities before us, however, we must all be on the same message and work together. Throughout this fight, pro-abortionists have been disciplined on message and have generally won. We have been all over the board and generally get beat up.

    In the events of the past two weeks we have had better discipline, yet, many continue to confuse the issue and not have message discipline.

    Deception wins in fog; truth prevails in light — we must stick to the point.

    The following hurts our message and cause:

    1. Discussion about changing the law or that the law is confusing or unenforceable. This is not true. The law is clear — it does not allow late-term abortions for rock concerts.

    2. Discussion that indicates that Morrison’s work is done or good. Not true. He was forced into this by the evidence and now we must see how he prosecutes the case. THEY ARE NOT TECHNICAL VIOLATIONS. Furthermore, remember, they are only misdemeanors and only felonies if a conviction is obtained and new charges filed. There’s a lot of work to do.

    The following will answer some questions. This will give you background, however, this does not mean that you should focus on these points in your message. The following is too complex as a message but will allow you to rebut their points in background and then on the record stick to your message and our guns. We have them on the defensive for the first time since Roe; NOW LET’S KEEP THEM THERE.

    Again, the following answers some questions; to give you the background. Our message, however, is simple:

    1. Kline was right on 19 of 19 files; now Morrison must get the 2004, 2005 and 2006 files.

    2. No one can name the names of the patients; privacy was never an issue and that was a lie in the 2006 campaign.

    3. Kansas criminal late-term abortion law is clear and doesn’t allow abortions for rock concerts as Dr. McHugh testified was done.

    4. We must now investigate KDHE because Morrison indicates that they have not followed the law.

    The legislature must investigate, investigate and investigate — not legislate right now. Morrison has said there is no way to enforce Kansas late-term abortion bans — so you are not interfering with an investigation if you seek the reasons those abortions are being performed. Remember, Tiller is doing the same thing in 05, 06 and 07 — the statute of limitations does not run on these crimes, (thanks to Kline’s push for extending the statute of limitations five years) until 2010, 2011 and 2012. Also, remember that it will take another conviction to make Tiller’s actions a felony. So we will need further charges.

    Why shouldn’t the legislature change the law?

    1. Supports Tiller’s defense that the law is confusing and his violations are “technical.” Something Morrison is already saying. Remember what Kline said last January that Morrison would do: “he will charge Tiller with something he calls technical, settle the charges in a way that prevents future prosecution and then claim to change the law when he really doesn’t and it will be business as usual.” This is what Kline said.

    2. We have compelling and strong evidence from the nation’s most respected psychiatrist that the law is not being followed. Abortions for rock concerts and the rodeo — who would believe that is “severe and irreversible damage to a major bodily function of the mother.” If Morrison can’t figure that one out — how do you think he will take a new law; find evidence of wrongdoing, subpoena medical records and charge Tiller?

    3. Changing the law prevents the graduated sanctions. Tiller would have to be charged and convicted two more times under a new law before a felony occurs.

    4. Sebelius will veto any meaningful change in the law that does not help Tiller and YOU CAN’T OVERRIDE THE VETO!!!!

    5. The debate takes away the strength of our evidence and message.

    6. The law has been tested all the way up to the United States Supreme Court and held to be constitutional. The current ban is based on Pennsylvania law. Kline helped write and found the Pennsylvania language. That language was tested in the Casey case and held to be constitutional by the US Supreme Court. Carla Stovall found the law to be constitutional and under Stovall’s interpretation — Tiller is a lawbreaker. This is a great law for us to force additional investigation and prosecution of Tiller. Changing the law will end that ability. Tiller is the only one who does late-term abortions. So you would be changing the law to let the one late-term abortionist off the hook and allowing them to continue — that’s crazy.

    7. Before a change in the law would be enforced against Tiller, our state’s only late-term abortion doctor, Morrison would have to subpoena the medical records and actually rule the law is enforceable and file new felony charges. Raise your hand if you believe Paul Morrison would have filed any charges without Kline’s investigation.

    Now some facts about the case and answers to the silly liberal complaints about Kline:

    1. Kline was on a fishing expedition! Some fishing expedition, Kline went 19 for 19. There were 19 files relating to abortions at Tiller’ clinic from July 1, 2003 through December 31, 2003 and Morrison charged a crime for each abortion. That’s 19 for 19. The other files were from January 1, 2003 through June 30, 2003 and the statute of limitation had run during the delay in the case occasioned by the Kansas Supreme Court taking it up. Accordingly, those files were about abortions that could not be charged because of the Supreme Court delay and the running of the statute of limitations. They likely contained the same thing. So, Morrison must seek the 2004, 2005 and 2006 records. If I were going fishing, I want to fish with Kline.

    2. Kline invaded privacy? Name one abortion patient. You can’t because he never sought their names. This is a proven lie.

    3. Kline’s investigation was a sham! Morrison could not have filed his charges without the evidence that Kline obtained that Morrison said was a waste of time. Tiller was not required to report the second doctor information to KDHE. The law only requires that Tiller keep this information in his abortion records. The very records that Kline subpoenaed.

    When Kline did, Tiller claimed Phill was invading privacy because he was seeking the “complete medical history of the patient.” What do you think Tiller meant by that? He meant the information relating to the second doctor. MORRISON’S EVIDENCE WAS IN THE FILES THAT KLINE SUBPOENAED.

    Furthermore, if you look at Kline’s original filings you will see that Dr. Neuhaus is listed as a witness and her testimony was filed with Kline’s complaint. Kline already had her testimony. He knew about these charges. Kline handed these to Morrison. Morrison’s evidence is based on Kline’s investigation!

    a. So why didn’t Kline file the charges Morrison filed? Consider the following:

    i. Although all of the charges are in the same statute and misdemeanors; criminal late-term abortion is more on point and he had Dr. McHugh — the nation’s most reputable psychiatrist saying that 100% of psychiatrists would agree with him vs. Tiller (a pathologist) and Neuhaus (a laser hair technician).

    ii. The violation of the KDHE reporting requirement is easy to prove; the law states that if the doctor makes the determination that the abortion is necessary to prevent substantial and irreversible damage to major bodily function. Then the law clearly states that the doctor must report the “reason for that determination and the basis for that determination.” Morrison is claiming that all the doctor has to report is the determination, not the reason or basis. Kline says that reason and basis are clear: the diagnosis and how the diagnosis was made. The reason and basis are medical terms of art. If a doctor came to you and said you are going to die and you ask him the reason what would you do if he replied “we’ll you’re going to die.” You would not be satisfied. You would expect him to say — well you have cancer. OK doc, what is the basis for your opinion? He would reply that the biopsy or MRI or whatever showed the cancer has spread, etc., etc.

    Well, in response to a law that requires Tiller to report the determination and the reason and basis for the determination Tiller says: I find there will be substantial and irreversible damage to a major bodily function.” But what is the reason for that determination Dr. Tiller? Because I said so. And what is the basis Dr. Tiller? Because I said so.

    This flies in the face of the law which requires this reporting so that the ATTORNEY GENERAL can review the reports to determine if a crime has been committed. KSA 65-445 expressly mentions that the ATTORNEY GENERAL IS TO REVIEW THIS INFORMATION.

    Kline said Tiller’s “I say so” statements are not enough and the law requires the diagnosis and the basis. Morrison says, oh no, Tiller’s word is good enough and KDHE agrees.

    All he has done is admit that KDHE, run by Sebelius, is helping Tiller break the law and Morrison is going to allow that.

    INVESTIGATE KDHE

    You must ask: Morrison, based on the KDHE records, can you tell the us the reason and basis for the late term abortion? What are they? Ask the same question of KDHE. Get the records. Reveal them. INVESTIGATE.

    iii. These are graduated sanction penalties. The law provides that the first conviction is a misdemeanor and the second is a felony. Under Kansas Supreme Court decisions that means that there must be a conviction before the second charge is filed if the second charge is to be a felony. In other words, if you file all of the charges at once, you will not be able to charge a felony later. Kline held back some charges so he could charge felonies later. This is why he also did not charge all of the late-term criminal abortion charges on all 19 files.

    4. Kline held back exculpatory evidence by not informing the court of Dr. Philips testimony! This is a lie!!!! Look at the public record. Kline filed the charges and as required by the filing listed the state’s exhibits. That public document shows that Kline provided the court with Dr. Philips entire testimony! The whole thing! Its listed in the documents Kline gave the court. Morrison is lying!

    5. If Kline was doing his job — he would have gotten the 2004 -2006 documents. Another liberal artful deception.

    Remember, Kline started the investigation in 2003 and presented substantial evidence to District Court Judge Richard Anderson under seal. The subpoena of Tiller’s and Planned Parenthood’s records were not the first subpoenas or the initial evidence. Remember these subpoenas were based on Judge Anderson finding probable cause to believe that crimes were committed and that evidence of the crimes was in the files.

    Kline had to present a lot of evidence before getting the subpoenas to reach the high legal standard of probable cause. Usually medical records are subpoenaed under the much lower standard of “reasonable suspicion.”

    Judge Anderson then, in the fall of 2003 subpoenaed the records and the clinics fought this. Judge Anderson rejected the clinics motion to quash the subpoenas — we are now in 2004 — and the clinics file a mandamus action with the Kansas Supreme Court.

    The Kansas Supreme Court accepted this and then ordered that Kline stop the investigation until the court could rule — and then the court did not rule until summer of 2006 and Kline finally received the records in October 2006 a couple of weeks before the election.

    HE COULDN’T SUBPEONA THOSE 04-06 RECORDS. But now, he has paved the way and Morrison admits there is a pattern of criminal conduct by Tiller — 19 for 19 in 2003; what about 04 Mr. Morrison; what about 05 Mr. Morrison? Better get these medical records.

    As a side note, remember that Kline never asked for the women’s names in the criminal late-term abortion investigation or failure to report the reason and basis — names aren’t needed nor where they requested.

    6. Morrison is the law man and his charges are the only legitimate ones! Hogwash! Morrison said this was a fishing expedition and a waste of time. His whole campaign theme was this investigation that he said he would end. Ooops — then he saw the evidence.

    Remember, much of this has been going on behind the scenes. And remember that Judge Anderson filed a public document in November 2006 stating that Kline was on solid legal ground and that the files Kline had showed evidence of crimes.

    And remember that a Judge overseeing an investigation under Kansas law can order that charges be filed and can appoint a special prosecutor.

    And remember that Anderson knows all of the evidence that Kline and Morrison know.

    Do you not think that Kline was moving the Judge towards ordering that Morrison file charges or to appoint a special prosecutor?

    Morrison was under tremendous legal pressure from Kline and under increasing public pressure due to Dr. McHugh’s visit to Kansas.

    So what has he done?

    Filed the most difficult charges and called them technical seeking an easy solution that will allow Tiller to continue to abort late-term children.

    We must keep the public pressure on him!

    We must force him to do this right!

    We must force him to enforce the late-term ban!

    We must also remember it is likely that Kline is continuing his investigation of Planned Parenthood. PP has also announced that they are doing everything possible to remove evidence from Kline and Morrison is helping them but they have been unsuccessful. Morrison’s criticisms of Kline are intended to help PP.

    We must support Kline! He has done this job and Morrison’s actions indicate that Kline was right all along.

    THE MESSAGE

    ü The law is clear and this proves Kline’s investigation was right from the beginning; every charge filed by Morrison is based on the medical records that Kline obtained in 2003.

    ü Kansas law does not allow late-term abortions so people can go to rock concerts or rodeos as Dr. McHugh said and Morrison must enforce this law! He can’t let Tiller off the hook of the more serious charges.

    ü Because of the delay by the Kansas Supreme Court, Kline was only able to obtain 2003 records and Kline went 19 for 19 in finding criminal activity. Morrison must now get 2004, 2005 and 2006! There is a pattern of criminal conduct here!

    ü The legislature must investigate KDHE. Morrison has essentially admitted that KDHE is colluding with Tiller to violate the law. It is wrong for the Governor to allow her agency to do this and it is wrong for the Attorney General, who has the responsibility to enforce the law, to allow this!

  • Sandy

    wow…well, it’s something, and actually a surprise.

    Babies in heaven, please pray lil angels, saints, please pray…St. Joseph and St. Mary, please pray for the babies…that the Lord will end injustice against these innocents, AMen.

  • Reese

    Mike Johnson is right. Anyone know contact information for Kline? God knows he needs support and encouragement right now. Mike, have you ever considered writing your thoughts to the Kansas City Star newspaper? They’re doing a pretty good job of portraying Kline as the bad guy and they need someone to set them straight.

  • Lynn

    Tiller the Killer has been operating under the radar for much too long. I spent many years with Operation Rescue, and then got my R.N. degree so I could have more credibility and help more women. Right now I’m trying to help one woman at a time, with intensive counseling. Bless you for all you do!