Judge Rejects Tiller's Second Motion to Dismiss

Press Release, for immediate release
February 25, 2009

Contact: Mary Kay Culp, Kansans for Life Executive Director

Today Sedgwick County Judge Clarke Owens rejected motions to dismiss 19 charges against late-term abortionist George Tiller.

Kansans for Life Executive Director, Mary Kay Culp breathed a sigh of relief. "This is a judge who has examined everything both sides had to offer and remained convinced the prosecution was proper. We can only hope that the state Supreme Court will not again open their door to Tiller when he comes knocking this week for extraordinary intervention, as we predict he will do." The trial is scheduled to begin March 16.

SUMMARY OF JUDGE CLARK OWENS RULING ON TILLER'S MOTION TO DISMISS CHARGES AGAINST HIM:

1) Rejects selective prosecution allegation
Owens rejected the argument that Tiller was unfairly targeted by Kline, opining that Kline's investigation began as a mandatory reporting issue, and that any prosecutor, regardless of opposition to abortion, could readily charge a "mandatory reporter that is known to have provided a service to children that have been sexually abused and suffered injury through an unwanted pregnancy."(p10)

2) Rejects allegation that entire procedure was flawed
Owens rejected Tiller's position that Judge Anderson was biased and that Kline's evidence was deficient or false. Kline's investigation has been reviewed by the Supreme Court on two occasions" and "any irregularities" do not justify suppressing the evidence and ending the prosecution.

3) Rejects outrageous governmental conduct allegation
There is a high bar to sustaining such a charge. Owens did not buy Tiller's arguments that Kline, his staff and Morrison either individually--or cumulatively-- reached that level. And Owens defended prosecutorial use of clinic informants and prolife activists.

4) Rejects allegation Kline wanted adult patient identities
Owens did not find Kline sought adult patient names, only identities of non-reported minors impregnated in violation of the law.

5) Accepts the Rubbermaid container & wayward box events
Much hoopla has been made about temporary storage of documents in a Rubbermaid container--about which the Supreme Court was critical but said broke no law. Such concerns, including even the recent mixed up mailing of documents to his new residence, occurred after Kline left the Attorney Genera;'s office. "Once the investigation was assumed by Paul Morrison, the acts of Phill Kline could not have tainted the investigation and prosecution of the case," ruled Owens.

6) Rejects the "my-girlfriend -made-me-do-it" allegation
Owens is not convinced that Morrison would file a major case just to "pacify his paramour."

7) Closing comments:
Judge Owens wrote,"it is not unusual for prosecutors to pledge intensive efforts to address arens of perceived criminal violations" that tread close to constitutionally protected conduct.  "While Phill Kline testified that he would like for all abortions to be outlawed, his investigations made no attempts to prevent lawful abortions from being performed in the state" and "his conduct does not merit dismissal of the charges or suppression of evidence. " 

JUDGE CLARK'S RULING DENYING TILLER'S MOTION TO DISMISS AND REMANDING TILLER TO STAND TRIAL

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Related Excerpt From Wichita Eagle:  

Kline's lawyer: Judge's opinion 'vindicates' former state AG
http://www.kansas.com/news/crime-courts/story/712495.html

A lawyer representing Phill Kline said a judge's opinion against a Wichita abortion provider "vindicates" the former Kansas attorney general's investigation.

"Once again, under microscopic examination to an unprecedented degree of scrutiny, a court has found no wrongdoing in the investigation by the former attorney general," Caleb Stegall said on Kline's behalf.

"Judge Owens agreed with the legal theories of the attorney general's office, under Kline, that unwanted pregnancies are evidence of harm to the child," Stegall said.

Stegall said Owens also supported Kline's contention that he didn't seek the identities of adult patients from Tiller's abortion clinic.

"That's been a major contention throughout this case, but at no time did he ever seek the identities of adult patients," Stegall said.

ALSO see http://www.lifenews.com/state3896.html