Topeka, KS – Kansas Supreme Court Chief Justice Kay McFarland ruled today that the citizen-called grand jury set to investigate late-term abortionist George R. Tiller can move forward.
The grand jury had originally been scheduled to convene on October 30, 2007, but was delayed while the Court considered a Writ of Mandamus filed by Tiller asking for a special exemption from the laws governing the convening of citizen-called grand jury investigations and demanding that the grand jury not be seated.
Justice McFarland stated in her order, “The Court determines that petitioner has not established entitlement to the relief sought and that, pursuant to Supreme Court Rule 9.01(e), the petition should be and is hereby denied, and the case is dismissed.”
The ruling comes one day after Operation Rescue filed its second motion in the case. The group had sought to intervene to insure that the Court based its decision on accurate information. That motion has now been dismissed as moot.
“We are very happy that the Kansas Supreme Court has ruled to follow the law and allow the grand jury to move forward,” said Operation Rescue President Troy Newman. “This is a victory for the rule of law, for the people of Kansas, and for the late-term pre-born babies that laws have been enacted to protect. As the grand jury investigation of Tiller moves forward, we pray for justice to be done.”
A date for the seating of the grand jury has not yet been set.
The grand jury is being asked to investigate Tiller for conducting illegal late-term abortions over the past 4 years. He already faces 19 criminal charges filed by Attorney General Paul Morrison for violating the Kansas statue that bans abortions on viable babies after 22 weeks gestation.