Tiller Charges Point to Broad Criminal Conspiracy

New concerns about broader criminal activity on the part of late-term abortionist George R. Tiller have surfaced in the wake of 19 criminal charges filed against him by Kansas Attorney General Paul Morrison on Thursday. In addition, some statements made by Morrison have led to speculation that there may be a broad conspiracy to violate the Kansas ban on post-viability abortions that may involve individuals in the Kansas Department of Heath and Environment, a bureaucracy under the oversight of pro-abortion Gov. Kathleen Sebelius.

Tiller and Neuhaus “In Cahoots”

The charges related to Tiller’s relationship with abortionist Ann Kristin Neuhaus, who provided the second signature required by law to justify abortions past 21 weeks gestation on 19 abortion records from 2003.

Morrison, in explaining the charges at a June 28 press conference, told reporters that the law states that the two physicians cannot be “legally or financially affiliated.” He said, “In other words, they can’t be in ‘cahoots’ legally or financially. But what we found, we believe there is a violation of that.”

Operation Rescue has since been calling for further examination of abortion records for 2004-2007 since the same relationship that Morrison describes as illegal existed in those years as well, and could result in hundreds of additional criminal counts.

Conspiracy to Commit an Unlawful Act

“I think the charges bring up the question of why Tiller and Neuhaus were not charged with conspiracy to commit and unlawful act. The law is clear that when two or more people make a plan to break the law, that in itself, is a crime,” said Operation Rescue President Troy Newman. “Tiller should have had 19 felony counts for conspiracy filed against him along with the 19 misdemeanors.”

But there is evidence of a broader conspiracy. Morrison told reporters that a member of the Kansas Department of Health and Environment (KDH&E) told Tiller that he did not need to put the diagnosis, or reason to justify the abortion on required forms.

However, the law clearly states that what must be reported are the “determinations, the reasons for such determinations and the basis for the determination that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.” (K.S.A. 65-445)

“Just to say, as Tiller did, that an unspecified condition would result in ‘substantial and irreversible impairment” to the pregnant woman without elaboration is not enough to satisfy that law,” said Newman. “Did an employee of the KDH&E conspire with Tiller to violate the reporting laws? It sure looks like it to us.”

The KDH&E, and another oversight group, the Kansas State Board of Healing Arts, which is responsible for policing those in the medical profession, are both under the direct authority of Gov. Kathleen Sebelius, who has a history of receiving campaign contributions from Tiller dating back to 1994.

“The KSBHA has given their stamp of approval on the Tiller/Neuhaus arrangement for years, in spite of concerns expressed to them by our organization and others. They must be embarrassed to learn that Morrison considers that arrangement illegal,” said Newman.

“I find it hard to fathom that each of these oversight boards would independently conspire to protect Tiller, unless there was a common person with power over both groups directing such action,” Newman continued. “Kathleen Sebelius is the only person that fits the bill. Because of the serious nature of conspiring to violate the law at the cost of innocent lives, we believe Sebelius should be carefully investigated by someone without personal, financial, or political ties to Tiller.”

More Serious Charges Dumped

Former Attorney General Phill Kline had filed charges of illegal late-term abortions against Tiller in December after abortion records he subpoenaed showed evidence of abortions taking place for trivial reason, such as so a woman could go to a rock concert, participate in sports, or go to a prom. The abortions were falsely justified by bogus “mental health” excuses that, according to prominent psychiatrist Dr. Paul McHugh, had no basis in psychiatry or justification according to the law.

However, Morrison refused to prosecute Tiller for these more serious charges.

“Our concern is that Tiller is being allowed to continue doing late-term abortions for trivial reasons even though the law forbids it,” said Operation Rescue President Troy Newman. “This has created an intolerable situation where the unnecessary loss of innocent lives will continue. Since Morrison won’t enforce this important aspect of the law, we are pursuing legal remedies to stop Tiller from continuing his obviously illegal late-abortion business.”

No Plea Bargain

Operation Rescue opposes a plea bargain for Tiller on the 19 counts.

“We simply will not tolerate back-room deals that let Tiller off with a slap on the wrist,” said Newman. “He has been charges with 19 crimes, and has likely committed hundreds more. Justice demands that he have his day in court in order to restore public confidence in the system.”

“It is important to remember that the law was enacted to protect innocent, viable babies from unscrupulous abortionists, not the other way around,” said Newman. “And in that regard, the system has miserably failed. But that doesn’t mean the law is bad. We don’t need to change the law. The solution is to enforce the laws we already have based on what the laws actually say. Enforcement agencies, including the Attorney General’s office, the KDH&E, and the KSBHA need to stop acting as shock absorbers for the abortion industry and hold them accountable to the full extent of the law. Based on the scope of potential criminality in this case, that will take courage.”