Archive for Friday, December 22, 2006

Judge dismisses criminal case Kline files against Tiller

Kline, an ardent opponent of abortion, has been investigating clinics operated by Tiller and Planned Parenthood

December 22, 2006, 10:48 a.m. Updated December 22, 2006, 1:56 p.m.


— A Sedgwick County judge dismissed 30 misdemeanor criminal charges against Wichita physician and abortion provider George Tiller, less than a day after recently defeated Attorney General Phill Kline filed them.

Judge Paul W. Clark dismissed the case against Tiller after Sedgwick County District Attorney Nola Foulston said that her office had not been consulted by Kline, a vocal opponent of abortion who recently lost his bid for a second term.

Clark signed his one-page order only hours after Kline's complaint against Tiller was unsealed.

Kline filed his complaint Thursday, alleging that Tiller had improperly performed late-term abortions and hadn't properly reported information to the state Department of Health and Environment.

Foulston said in her request to have the case dismissed that while Kline is the state's chief law enforcement official, he doesn't have the legal authority to "unilaterally" pursue criminal charges when a county prosecutor has not asked his office to intervene or granted a request from the attorney general to handle a case.

"The district attorney has not invited or requested, consented or acquiesced, or failed to object to the filing of the complaint," Foulston wrote.

Kline accused Tiller of improperly finding that multiple patients' mental health would be seriously harmed if they did not have abortions. Also, attorney Dan Monnat said, Kline accused Tiller of "hypertechnical" violations of a law requiring reports on late-term abortions to the state.

Most of the charges involve abortions performed on patients 17 or younger, including a 10-year-old, the complaint showed.

Kline wasn't immediately available for comment, but he scheduled a 3 p.m. news conference in Topeka to discuss the case.

He waged a successful two-year legal battle to obtain the records of 90 patients at Tiller's clinic and one operated in Overland Park by Planned Parenthood of Kansas and Mid-Missouri.

Kansas law says that if a woman wants to obtain an abortion after the 22nd week of her pregnancy, a doctor must first determine whether the fetus can survive outside the womb. If the fetus is viable, the woman must face permanent damage to a "major bodily function" or use a procedure the law calls partial-birth abortion to preserve her physical or mental health.

Abortion opponents were elated with Kline's decision to file criminal charges against Tiller, not anticipating that they would be dismissed so quickly - before Tiller's first court appearance.

Troy Newman, president of the anti-abortion group Operation Rescue, said Foulston's action shows that she is a Tiller "crony."

And David Gittrich, development director for Kansans for Life, the state's largest anti-abortion group, said: "If she can get away with this without someone yelling 'cover up,' he won't be investigated."

But Foulston spokeswoman Georgia Cole said the district attorney's action had nothing to do with the merits of the allegations against Tiller, only Kline's lack of legal authority to pursue them unilaterally.

"This is a matter of jurisdiction," Cole said.

In her arguments to Clark, Foulston cited a law saying the attorney general "shall consult with and advise" county prosecutors "when requested by them" in "all matters pertaining to their official duties."

"The district attorney does in fact object to any such filing by the attorney general, as he lacks the legal authority to file such a complaint in this jurisdiction," she wrote.

But Gittrich said: "Any real district attorney would have been looking into the charges, not who filed them."

The flurry of developments came less than three weeks before Kline, a Republican, leaves the attorney general's office, having lost to Democrat Paul Morrison in the Nov. 7 general election.

But on Jan. 8, Kline will take Morrison's old job of Johnson County district attorney. Morrison won five terms as a county prosecutor as a Republican before switching parties last year to challenge Kline - giving the GOP the authority to replace Morrison as district attorney.

Morrison, an abortion rights supporter, made Kline's pursuit of patient records from the two clinics a key issue against Kline, suggesting it represented an invasion of privacy. But after the election, he wouldn't commit to dropping Kline's investigation, and on Friday, spokeswoman Ashley Anstaett said he would evaluate the charges and "give them the attention they deserve based on the evidence."

Abortion rights activists had predicted Kline would move against Tiller before he gave up the attorney general's office. They also predict he'll attempt to build a criminal case against Planned Parenthood once he becomes Johnson County's top prosecutor.

"We've anticipated this possibility, particularly of some action against Dr. Tiller, because Kline will not have jurisdiction in Sedgwick County when he goes to the DA's office," said Peter Brownlie, Planned Parenthood's chief executive.

Tiller's attorneys had attacked the charges against the doctor as groundless, with Monnat calling Kline's action a "malicious and spiteful prosecution."

"It's clear that Phill Kline just snuck into town yesterday afternoon and filed something that he had nobody's authority to file," Monnat said after Clark dismissed the case.


Kodiac 10 years ago

And let us not forget "knucleheads" ....Lol

Guess we can't even get the namecalling right can we.....

I wonder what kind of knuckle head misspells knuclehead....

MyName 10 years ago

What the Heck? I don't see anything in the "Use Policy" that had to do with my inane comment. I guess the good moderators are on vacation and we've got the arbitrary trained monkey moderators watching over the blogs until New Years!

Hawkman 10 years ago

Loser...loser....loser....go home to republican johnson county where people deserve your ignorance!

Diana Lee 10 years ago

This is just so lame. You lost the election, Kline. Move on.

BrianR 10 years ago

So the Operation Rescue puppet boy is behaving just like the brochure said it would. Someone should remove its batteries.

MyName 10 years ago

Kline being very much disliked and losing as AG and the Tiller case are two separate animals.

No they're not. Kline was widely disliked because he pulled BS stunts like this while in office and people got disgusted by it. I doubt this case will ever go to trial. It'll probably get thrown out or the charges will be dropped before the end of Jan.

rhd99 10 years ago

Take your charges Kline & SHOVE IT!

rhd99 10 years ago

By the way, KLINE, HO HO HO to you too, MORON!

n8n2010 10 years ago

I hate to say this, but the world can't support anymore babies. Save them the misery of coming into this abused Earth. Kill them before they know what they won't be missing.

opinion 10 years ago

Tragic no matter which way this story turns. If Kline is wrong, it is tragic that such an abuse of power has occured. If Tiller is guilty, may God have mercy on those that condone his actions.

spammer89 10 years ago

This comment was removed by the site staff for violation of the usage agreement.

boldaq 10 years ago

What part of living, growing, thinking human being don't you unfeeling bigots understand? To you, their lives are worth no more than a common cockroach because of their size and place of residency. Monsters like George Tiller and Warren Hern of Boulder make their living by brutally and painfully killing fully formed babies for the sake of convenience and profit.

This is dog-eat-dog animalistic behavior and the lowest point in the history of humanity.

MyName 10 years ago

If by "nice" you mean reactionary and completely inaccurate swill, I'd agree with you Marion.

boldaq 10 years ago

What part do you think is inaccurate, myname?

ASBESTOS 10 years ago

Uh, Spammer, what you posted:

"This is a bunch of crap, one of these days all anti- abortionists will meet or know someone close that has been raped and impregnated by the sick s.o.b that took their life away from them, speaking from experience I know that I could not look into the eyes of a child that reminded me everyday what happened to me, and still love that child. So blow it out your azz Kline and all you anti- abortionist's a-holes."

That IS what Kline's case is about. IT is about underage girls getting abortions, and Teller not telling of the suspected abuse or rape to the authorities. Telling the authorities when an underage child has the need for an abortion where the law is stating that an underage child can only hae sex illegally.

Opinion has it right in my opinion.

white_mountain 10 years ago

It's a non-issue because Morrison will drop the charges.

Kline is just grabbing headlines.

walkdog262 10 years ago

The issue here is not about abortion, because that is such a polarizing topic it's not even fair to argue it in this space. The issue here is that Phill Kline, a former state AG, is crusading against precedent-setting court rulings, and it's obvious he's only doing it for the publicity. What's sad is that he just lost the election, so what publicity he might gain would seem moot at best.

bytheway 10 years ago

Abortion sucks, but Kline sucks worse. I would never get an abortion but I know plenty of people who have gotten them. I figure if someone wants to live with the guilt of killing their baby that is there problem. I had to try to talk someone out of getting one at the tender age of 19. The ironic thing is that I got pregnant a couple months after I turned 20. I now have a beautiful 7 year old and a brand new baby whom is now 7 months old. I am Catholic but I have a difficult time with these people throwing around their stances of whether they believe in abortion or not. For myself, I can't say whether I am for or against it. I have very mixed emotions concerning the issue regarding my own personal experiences. People like Kline have no idea what they are getting involved with. They think they are out ot save the world. Abortion is a double-edged sword. Whether it is legal or not, people will continue to do them. I believe that ending abortion will cause an increase in death among teenagers and women in general since I know women who will get a back alley if they have to. So in that case baby and Mom both lose. I also believe that killing a baby is wrong. I could never hurt a child let alone a baby. Babies are true miracles. Kline doesn't have the medical background to understand why abortion should stay legal. Morally people may object. I think both groups are right in their own way, but I do not like the way the pro-lifers go about parading. Since I have what is considered to be a "do nothing" attitude I am by Catholic definition sinning. I don't know what Kline intends to solve with filing charges. It really does seem like he is trying to get one more breath of air before he leaves office. I have no good answers but only opinions base on my own personal experiences. People like Kline will continue to drive me crazy. I don't mean to go all crazy religion on you folks, but how can we judge other people's actions without looking at our own. We will be judged later by someone who is far greater than ourselves. So in short, Kline can shove it. Tiller can just make sure he is within the law. Once again, choice of profession. Nothing we can personally do to change it. Get a life Kline supporters. Go back to your evangelical crap Kline and get out of public office Mr Holier Than Thou.

princess 10 years ago

Underage women have no rights to medical privacy?

I really didn't think that Phil could sink any lower. Now I wonder how low can he go?!

MyName 10 years ago

What part do you think is inaccurate

1) the part where you claim that every person who believes abortion should be legal is an "unfeeling bigot"

2) the part where you claim that every person who believes abortion should be legal has some sort of equation where "size and place of residency" determine value of life.

3) the part where you claim, despite the evidence of science, you make the claim that abortion is killing "thinking human beings" or "fully formed babies"

4) the part where you claim, despite the fact that abortion and infanticide has existed in much more brutal forms for centuries of human history, that this is somehow "the lowest point in the history of humanity".

You know, hyperventaliting, reactionary BS like that.

MyName 10 years ago

I'm sorry, Marion, what "crimes" are being "concealed" here? The law requires reporting to KDHE, and it appears that everyone is following that law and reporting to the KDHE. Kline has looked into this (with a BS fishing expedition) and has not filed a single charge related to "concealing" a "crime". The only charges filed were some trumped up ones related to late term abortions.

rhd99 10 years ago

Yes, abortion sucks, folks. I will not deny you that. But, are you hearing Merrill on KLWN, he says that when KLINE goes on a fising expedition against Tiller, he is going to break every rule in the law that prohibits violating the confidentiality of patients whether they are underage or not. KLINE lost, & so as a sore LOSER we all know him to be, he goes after something he knows he won't win, because hopefully Morrison will overturn KLINE. Kline stinks, no wonder the air in Kansas has polluted out of control.

GardenMomma 10 years ago

It is a right given by the Supreme Court that every woman has the CHOICE to continue her pregancy or not.

Screaming at the doctors who carry out the woman's CHOICE to terminate a pregnancy won't do any good. Putting them in jail won't do any good.

If Phill Kline and any other anti-abortion/pro-life believers want any kind of change in "saving unborn lives" and prefer that women make the "right" CHOICE, then PLEASE EDUCATE them!!!

Teach children (boys and girls alike) that actions (i.e. sex) have consequences (pregnancy, STDs, etc.) and give them the OPTIONS to make "right" CHOICES.

Get it now???

Jamesaust 10 years ago

"I'm predicting Dr. George "The baby killer" Tiller will ultimately go down in flames."

I'm predicting that in a month or so, Morrison will drop the charges, finding no "there" there, and then General (de-)Kline and his extremists cohorts will spin the situation something along the lines of: we found the evidence and could have convicted a criminal but the soft-on-baby-killing people prevented us.

rhd99 10 years ago

GardenMomma, thank you, you reminded me of one more thing about this whole problem with KLINE & other crooked jockeys in this horse race of ending abortions, they don't give a CRAP about a woman's health during the pregnancy. HELLO, anyone home, if a woman suffers during her pregnancy, & the baby is in a "breached" position, & cannot recover, are you going to let the mother die too? Oh, & on the underage abortion issue, if rape & incest is involved, are you going to force the woman carrying that child to full term to raise a child who might be TRAUMATIZED?

jonas 10 years ago

"Posted by 75x55 (anonymous) on December 22, 2006 at 11:19 a.m. (Suggest removal)

Hmm. Sounds more like it's time to put the evidence on the table and let the political manipulations and shennanigans come to an end.

Vindication or disgrace."

Hear hear. It's progressed to this point, let it take its course in a legal, unbiased manner (to such an extent as possible) and actually have a conclusion.

Bobo Fleming 10 years ago

They are not reporting. THats the point. The 10 year old girl was raped and who went to jail?

jonas 10 years ago

All the same, even if it turns out that the charges have merit or are correct, it doesn't, in my mind, change the fact that Kline is a crooked, unethical politician. But this case alone was not what caused me to hold that belief in the first place.

Bud Stagg 10 years ago

This guy makes me ashamed to say I consider myself a republican. He is such a bigot, abuser of power, and egomaniac. Many of the religious right would just trample the very rights they hide behind. It's a sad day when guys like this are actually supported by enough voters to get into power.

I am no longer associated with a party, I just vote for the best person now. They should do away with political parties.

Groucho 10 years ago

No, GardenMomma, you are mistaken. The Supreme Court has never said that "every woman has the CHOICE to continue her pregnancy or not."

The Supreme Court recognized that the State does have an interest that must be weighed against the rights of the mother. The court divided the usual term of pregnancy into three periods of time and then weighed the rights of the State and the mother in each of those periods. Here's a quote from the court's syllabus in Roe v. Wade:

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 163, 164.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163, 164.

(c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 163-164; 164-165.

So you see the Supreme Court actually did not say that every mother may terminate her pregnancy if she wants to. For example, the state may seriously restrict abortion for a mother who is at that stage of preganancy where the fetus is viable.

It's a difficult subject to discuss rationally. It might help to avoid making absolute statements that are not true.

Mama 10 years ago

This doesn't exactly have anything to do with the issue at hand, but I so incredibly dislike Phill Kline and his politics that I want to scream and break things every time I hear his name. I was so beyond disappointed to hear that the freakin' morons in JOCO allowed him to remain in public office. What a load of crap. I seriously cannot wait until I sell my business and can move far, far away from here so I don't have to hear about the idiot anymore. Happy Friday and have a fabulous weekend!

KS 10 years ago

75x55 - I agree! Tragedy or vindication? The only problem is that Morrison will no doubt drop the case and we may never really know.

frank mcguinness 10 years ago

All I know is that only johnson county will have to deal with kline in less than a month.

There's something to thank god for!

rhd99 10 years ago

KLINE is unethical, not only has he NO court experience, he is the "Grinch" of Kansas.

funkdog1 10 years ago

boldaq: You may think that this is the "lowest point in human history" but the fact is that women have been having abortions since the beginning of time. This is a women's issue. Guess what? We don't talk to you about it. We keep it secret. You know how many women you know who have had an abortion? Maybe more than one abortion? It's something we keep amongst ourselves.

sublime 10 years ago

Abortion does not make you unpregnant,it makes you the mother of a dead baby......Once upon a time I bought into the whole "pro choice" thing,and all the "what if" scenarios.After the birth of my first child I quit lying to myself and realized that giving the child up for adoption is the only alternative....I think the reason "pro-choicers" get so pissed off about this is that they know its wrong......All the people I know that have made that choice have regreted it. Abortion is murder.Please understand that I'm not trying to piss on anyone.Its my "choice "to disagree with abortion.

day 10 years ago

rhd99, My seven year old daughter and my 3 year old son were both in an "unrecoverable breach position". The only medical procedure required to fix that is a C-section.

As to rape you are missing the entire point. What happend to the mother is terrible, but killing the baby for the sins of the father is no better. The baby is the only good that can come from such a situation. If you don't want to raise the child then give it up for adoption. American families go all over the world trying to find enough children to adopt.

rhd99 10 years ago

You know something folks, KLINE is a hypocrite. His Bible thumping fists are going into Tiller's face becaue of this underage abortion issue, but it's more than that. If Kline's "so called religious beliefs" are genuine (which I doubt very seriously), then why is it he DOES NOT honor the fact the decision of abortion or no abortion belongs ONLY to the would-be mom, her family, her doctor & "the man upstairs"? Explain that one, religious hypocritical piece of PHILTH!

frank mcguinness 10 years ago

Posted by day (anonymous) on December 22, 2006 at 1:12 p.m. (Suggest removal)

"If you don't want to raise the child then give it up for adoption. American families go all over the world trying to find enough children to adopt."

What a retard! You want to know why people go around the world to adopt! Have you priced an adoption in the u.s. as compared to china or some other third world country! Let alone all of the bureaucracy to get the child sometimes up to 5 years. Hah some people will never comprehend. What about the fact that in some other countries the children in orphanages live in poverty beyond what we in america even know. Not to discount the suffering the kids in american orphanages feel but here they'll eat every day.

rhd99 10 years ago

75, let me be clear, it is NOT up to KLINE or the Government whether or not a woman has an abortion. Clear enough? GET A LIFE, PHIL!

egypt 10 years ago

Phil Kline you can have an opinion on this subject when you become a woman and get pregnant, Untill then fight for things you have some knowledge about

rhd99 10 years ago


drewdun 10 years ago


right wingers are a cancer on our society.

youngitized 10 years ago

To Phill Kline- This is your last desperate attempt to gain political points. I would call this disgraceful.

To George Tiller- You are a murderous thug. I hope you get convicted of murder because that is what you are.

I really have no use for either of these characters. One is a disgraceful politician and the other is a killer.

day 10 years ago


Such a diatribe in defense of ending an innocent life is morally unjustifiable. If you can't comprehend that you have my pitty.

Sean Livingstone 10 years ago

I wonder if Conservatives eat meat......

rhd99 10 years ago

Time for Kline to be ostracized by all Kansans. Don't let the door hit your six on the way out, KLINE!

ive_got_my_ascot_n_my_dickie 10 years ago

Check out Drudge Report. This story is linked in bright red letters. Thank you Phill Kline for your continued success in making the state of Kansas a national embarrassment.

KsGirl 10 years ago

Day, the point Rooser was trying to make is there is not a shortage of adoptable children in America. We do not have to travel the world searching for a child to adopt. And you brought up a good point by saying "children". We have plenty of young children and teenagers who need loving homes too. There is no reason to search the world over to find a child when we have millions of them right here in our own back yard.

classclown 10 years ago

Posted by funkdog1 (anonymous) on December 22, 2006 at 1:02 p.m. (Suggest removal)

boldaq: You may think that this is the "lowest point in human history" but the fact is that women have been having abortions since the beginning of time. This is a women's issue. Guess what? We don't talk to you about it. We keep it secret. You know how many women you know who have had an abortion? Maybe more than one abortion? It's something we keep amongst ourselves.


Maybe more than one abortion?

I'm not against abortion, but it should not be used as an ipso-facto form of birth control. If you need to do it more than once, there is definately something wrong with you.

Sigmund 10 years ago

Abortion is legal. However, there are some legal restrictions and requirements on abortion. This is true for late-term abortions or abortions on under aged girls (10 years old, not even a teen ager).

Danny Monnat, Tiller's attorney, seems to be admitting that his client committed hypertechnical violations of a law. "Hypertechnical violations" is lawyer speak for criminal violations of the law which the lawyer can't deny but has no defense for. Those violations including failing to report when a 10 year old girl is given an abortion and thus hiding evidence against a child rapist.

I am actually glad Kline filed these charges and Morrison will decide whether to go forward with them. Morrison has more credibility with the majority of Kansans, therefore if he does go forward Kansans can be assured that these charges are based upon current Kansas law.

BunE 10 years ago

I like it when the state performs 150th tri-mester abortions. We call them Executions here though.

Sigmund 10 years ago

Marion, I found it odd that Nola asked the judge to drop "a misdemeanor charge" against Tiller, not all of the charges. Strange indeed.

yankeelady 10 years ago

Does anybody else see the contradicition in terms "underage women" ? I always thought an underage person was if not a child at least a teenager. It's nice to see the whole thing dropped. Just more publicity for the rescue poster boy.

cms 10 years ago

To each his/her own. Everyone deserves medical privacy, choice and the freedom to do what is right for their own body.

What bothers me the most about some of these posts is the better than thou, if you knew what I know now, it'll hurt you, yada, yada, yada dribble (and I hear the springtime melodies and singing birds soundbites playing overhead when I read some of these posts) is that some people seem to blanketedly know what is best for everyone else.

Keep YOUR thoughts and religion off my body and my choices! AND quit prosecuting those who are willing to stand up for those without a voice or those who prefer to remain private or silent.

How dare one judge another for a tough choice faced by many WOMEN each day. Yea, you can tell me how wonderful your birthing and parenting experience was for you and your situation, but damn you for believing YOUR choice is the best choice. Having children is NOT the best for everyone, or having a child at a particular time is NOT the best situation. Many women and families face tough choices and do not need the judgement and ridicule provided by the pro-life side.

By the way, some folks, like me, believe a fertilized egg is a clump of cells until developed into a fully functioning fetus that can live independent of it's mother.

There. Phew, that made me feel better.

P.S. And for those around the country who believe standing on street corners with large, bloody photographs is good for anyone, keep it at home, will you?

Sigmund 10 years ago

The whole thing is NOT dropped. The whole thing is just beginning. Nice little present from the outgoing AG to the incoming AG. Kind of funny really, puts Morrison on the spot!

Sigmund 10 years ago

Abortion is legal. Kline is not prosecuting women (or 10 year old girls) for having abortions. He is prosecuting an abortionist for not following the law when performing abortions. Is this too subtle of a distinction that you can't see the difference?

daddax98 10 years ago

"Abortion does not make you unpregnant"

huh? yeah it does

white_mountain 10 years ago

Looks like the judicial branch of our government has done its job and kept Kline in check.

rhd99 10 years ago

Shmuck, grinch, low-life, & unworthy. That's your legacy KLINE. LIVE WITH IT!

day 10 years ago

cms said: Keep YOUR thoughts and religion off my body and my choices! AND quit prosecuting those who are willing to stand up for those without a voice or those who prefer to remain private or silent.

I am the one "standing up" for those without a voice. You are the one advocating their death.

MyName 10 years ago

The whole thing is NOT dropped. The whole thing is just beginning.

This doesn't have anything to do with Morrison. Kline tried to move forward with this w/o consulting the Sedgwick Co. DA, which is against the law, the Judge confirmed this and all of the charges were dismissed. The fact that it took less than 24 hrs for this to happen shows just how messed up (and purely political) Klines actions were.

There's no way this makes Morrison look bad. The only thing it might do is make the Sedgwick Co. DA look bad to militant pro-lifers in Sedgwick.

KS 10 years ago

Abortion is legal? Smoking is legal too, but gosh, try to light up in Lawrence! BTW, I don't smoke. I can't think of anything so low as abortion. Sorry, if I step on someones toes. It is a human life. It's funny how we can accept abortion, but when a life is lost in Iraq?

daddax98 10 years ago

"As the CLEO (Chief Law Enforcement Officer) of the State, the AG can walk into a local county attorney's office, take over and file his own charges without the cooperation of that county attorney."

well a court in wichita says that he can't

white_mountain 10 years ago

Kline continues to act crazier and crazier.

First it was the last-minute campaign shenanigans accusing Morrison of having an affair some 19 or so years ago..

Now it's this last minute, unconstitutional power grab he attempted.

He is dangerous.

rhd99 10 years ago

Well, Day, & others who support KLINE, STOP ALREADY! You know something, it's because of the likes of Kline Kansas has no money to spend to improve infrastructures in our cities to attract higher paying jobs. GET A LIFE!

MyName 10 years ago


As the CLEO (Chief Law Enforcement Officer) of the State, the AG can walk into a local county attorney's office, take over and file his own charges without the cooperation of that county attorney.

I think the law contridicts this statement, but to quote directly from the Sedgwick DA's brief:

The statutes and case law are clear. While the Attorney General is the chief law enforcement official of the State of Kansas, that office does not have statewide authority to unilaterally pursue criminal charges in jurisdictions where the Attorney General has not been "invited" or where the County or District Attorney has not "acquiesced" in the Attorney General's prosecution efforts. The statutory authority, set forth below, further limits the powers of the Attorney General to appear in civil or criminal actions in the Supreme Court, however, said Attorney General has no statutory authority to enter a complaint and information in counties in the state of Kansas without direction or at the behest of the legislature or governor.

You can get the full brief here:

John Spencer 10 years ago

Merry Christmas everyone.........

white_mountain 10 years ago

Good to see the Christian Right acquiescing and digressing into their usual holier-than-thou bemusement at others' demise.. as well as just plain silliness.

MyName 10 years ago

R_T: Are you hitting the hooch already?? It's a little early for that kind of thing, isn't it?

Rants about a "lake of fire picnic" and all that, you must be one mean drunk! I may have missed something, but shouldn't you be more concerned about your own "salvation" than about Tiller's?

preebo 10 years ago

For those of you still arguing that Tiller is a baby killer, what about the women that think so little of the unborn that they will carry it nearly full term and then decide, you know what, this isn't for me? I am a liberal, slash that, a progressive Democrat, but I still cannot endorse abortion. My only suggestion to those out there that have a problem with this, call your state reps. They passed the law that Tiller operates under and they are the ones that can tighten it if there is enough outcry. The law itself is extremely vague and leaves the door open for a women to have a late-term abortion due to a sudden case of "depression." News Flash! Pregnant women go through a rainbow of emotions, so this doen't seem to allow for logical reason in this law. Tiller clearly has no moral compass, but neither do the women who come to see him, and to a greater extent all of us who do not engage our representatives in the debate of limiting abortion rights bare a little of the burden as well.

Linda Endicott 10 years ago

My daughter was breech, and I had a vaginal delivery. Not pleasant, but we were both fine. My doctor didn't even tell me ahead of time. I guess he figured that if I knew, I would tense up even more and make it worse.

But I would never deign to make someone else's decisions for them. I wouldn't deign to decide for someone else where they should live, or what profession they should be in, so why would I attempt to do it over abortion?

guesswho 10 years ago

I think everyone would agree we need to reduce the number of abortions. This isn't an easy topic - if a woman was 7 months pregnant and found out her fetus had no brain stem, I don't think she should have to carry the baby to term just to watch it die. Yes, that is rare, but there these happen.

I believe only in the last few years did Japanese women start using the Pill, due to concerns about hormones. What was the most common form of birth control? Abortion. Many societies/cultures discard abandoned babies, due to unable to care for them, they were deformed, etc.

We should focus on improving the quality of ALL those living humans, ensuring proper medical care, safe water, etc, worldwide, before we have a right to 'save' the unborn.

MyName 10 years ago

preebo: I don't think you have a moral claim to stand on. Allowing abortion to be legal in this country does not equate to an endorsement of the practice any more than the Twenty-first Amendment to the US Constitution equates to a government sanction of alcohol consumption or addiction.

Moreover, we allow alcohol to be consumed in this country even though it can be both directly and indirectly attributed to a large number of deaths in this country, because prohibiting it caused more problems than it cured. Similarly, I believe that making abortion illegal in this country would also cause more problems than it would cure.

frank mcguinness 10 years ago

This comment was removed by the site staff for violation of the usage agreement.

white_mountain 10 years ago

Here you go, folks. If you believe in abiding by the Constitution, the anti-aborts will fantasize about you dying and going to Hell. So be it.

frank mcguinness 10 years ago


Such a diatribe to say that a RAPE VICTIM should be forced to keep the baby produced from a RAPE is morally unjustifiable. If you can't comprehend that you have my pitty.

MyName 10 years ago

I'm sure this sort of thing doesn't happen often enough for there to be alot of precident. However, the statute (75-702) seems to read pretty clear about the AG's duties. It says "The attorney general shall appear for the state, and prosecute and defend all actions and proceedings, civil or criminal, in the supreme court, in which the state shall be interested or a party"

So the AG is the lead prosecutor in the Supreme court, and also "when required by the governor or either branch of the legislature, appear for the state and prosecute or defend, in any other court or before any officer, in any cause or matter, civil or criminal, in which this state may be a party or interested or when the constitutionality of any law of this state is at issue and when so directed shall seek final resolution of such issue in the supreme court of the state of Kansas."

So if the governor or either branch of legislature directs the AG, then the AG takes the lead in any other court. I think if the abortion statute specifically stated that the AG would always take the lead in these matters, you may be right about the AG being able to take over, but if the statute does not, it would seem to say that the DAs have the lead in cases that are not directly in front of the supreme court unless otherwise directed by the state government. The brief also cites a case that spells it out this way, although the case didn't involve a DA objecting to the actions of an AG, but rather a defendant objection to the actions of an AG.

In any case, it makes sense that the would work this way, with the DA having the lead unless specifically directed, because otherwise why bother having District Attorneys at all? You could just hire a county legal team to represent the county matters and have the AG handle all state criminal matters.

Roadkill_Rob 10 years ago

right_thinker wrote about Tiller:

"It may be when he meets his maker....there will be a special suite for him and all the other abortionists, right next to Hitler..."

DING DING DING DING!!! You win right_thinker for the predictable abortion comparison to HITLER! I was surprised it took so long, though. Man, pro-lifers are such nazis. Everything I don't like is just like Hitler, too!

MyName 10 years ago

I think you should start by worrying less about alot of this stuff. I think all the media, left, right, and center-tilted are making the US out to be alot scarier place than it really is. I like talking (and arguing) about alot of this local/state level stuff, but sometimes I find the need to put things in perspective, and maybe just tune out off all of this stuff for a week or two.

There are some big problems out there, and they won't be solved overnight, but on the other hand they won't start to affect people in the immediate future. And we've got alot of smart people who are actually thinking about them instead of posturing for the media so they can get reelected. That's what got me through the 2000 election was realizing that Bush actually has less power over how day to day government works than some lifetime civil servant. I'm sure that'll help in the next election if we get another boob.

I'm hoping for McCain vs. Obama. I think that'd be a pretty good couple of people to choose from either way.

white_mountain 10 years ago

right_thinker.. I take a more optimistic view on our society.. we have the FREEDOM to hate Bush, hate Hillary, etc. if we choose.

Regardless of your political or religious beliefs, as long as you love freedom and love this country, it's all good.

Rick Oglesby 10 years ago

Did you hate mongers read anything past charges dismissed? There was a 10 year old girl in this case. The loser is the judge and da and those who care so little for human life. It seems Kline did his job at the cost of his job because there are some that hate the unborn so much and love the blood money and stinch of death it brings to Kansas

Roadkill_Rob 10 years ago

"Man, pro-choicers are such humanitarians."

right_thinker, I know!!! That Phil Kline is doing the humanitarian thing...seeking publicity. Tiller is Hitler! We need more truckstop prostitutes in this world!

Jackalope 10 years ago

"The county attorney may not displace the Attorney General, the Attorney General may not displace the county attorney except on direction of the Governor or the Legislature. . ." Heinz v. Board of Com'rs of Shawnee County, 136 Kan. 104, 12 P.2d 816, 818 (1932)

beatrice 10 years ago

McCain vs. Obama -- Obama wins easily because of McCain's continued support of the Iraq war (what ever happened to liberating the people, anyways?). Giuliani vs. Obama -- Gulliani by a slim margin, even though he supports abortion rights and gun control. Racism will be a difficult hurdle to overcome in some of the surprisingly close red states. McCain vs. Clinton -- McCain, because people hate Hillary even more than they hate a senseless, trillion-dollar war. Giuliani vs. Clinton -- Clinton, because she will take New York, and the rest of the country will attempt to sit this one out.

Either way, I'll take any of the above mentioned over what we have now.

classclown 10 years ago

Posted by rhd99 (anonymous) on December 22, 2006 at 1:25 p.m. (Suggest removal)

75, let me be clear, it is NOT up to KLINE or the Government whether or not a woman has an abortion. Clear enough?


Since it took a Supreme Court decision to allow abortions to take place, and to make further decisions as to the future of abortions, apparently it is up to the government.

happyone 10 years ago

Although I personally do not like the thought of having an abortion I can understand why a woman would want or need to have one. That being said I want all to think on this for a moment. Before abortions were legal women still had abortions, they were not the safe supervised abortions of today. They were (and in some cases even today) performed in somebodies basement or back room with coathangers or other foreign objects. Many women lost their lives rather than be disgraced by "being pregnant". Unfortunately this stigma still exists today and will continue to exist as long as pregnancy does. So regardless of if you're pro-choice or pro-life abortion needs to remain legal, and if its a 10 year old girl that needs one done so be it, but don't make them go back to coathangers please.

youngitized 10 years ago

RT-I don't agree with you very much, but I am pro-Life. I think the labeling that you do is typical of your party. Attack the person and make the issue a personal vandetta.

cms 10 years ago

Happyone, thank you for the best post of the day.

I would also add if one has not had a chance to view the movie If These Walls Could Talk, you should.

oldgoof 10 years ago

This incident isn't about abortion. It is about jurisdiction and a runaway attorney general.

The law is the law.

Even the conservatives should should be the first to see that.

MyName 10 years ago

Did you hate mongers read anything past charges dismissed? There was a 10 year old girl in this case. The loser is the judge and da and those who care so little for human life.

Can you honestly tell me you believe it would be healthy mentally or physcially for a 10 year old to bring a child to term? And can you give a non-political reason for Kline to make these charges public in the manner that he has? What happened is sick, but Kline is more of an offender than the DA or the judge because he is the one who is using these people's troubled lives for political gain.

John Spencer 10 years ago

I think reading all this non-sense is like watching Fight Club, mostly boring and without any real benefit except to a few who raise their own egos up a a bit.

frank mcguinness 10 years ago

Posted by justthetruth (anonymous) on December 22, 2006 at 3:57 p.m. (Suggest removal)

Did you hate mongers read anything past charges dismissed? There was a 10 year old girl in this case. The loser is the judge and da and those who care so little for human life. It seems Kline did his job at the cost of his job because there are some that hate the unborn so much and love the blood money and stinch of death it brings to Kansas

Funny but i'm pretty sure he was outed in a red state by liberals and conservatives alike so the hatemongers you refer to are YOUR NEIGHBORS, FRIENDS,AND POSSIBLY FAMILY MEMBERS.


Emily Hadley 10 years ago

He filed a case in Wichita without even contacting the DA there, much less having the authority to file?

Who the heck ever thought this Hutz was competent?

MyName 10 years ago

This comment was removed by the site staff for violation of the usage agreement.

fletch 10 years ago

Just once I want one of you far right wingers who hates abortion because it's "murder" to come out against the death penalty. Just once. Please, just do it. There is loads and loads of evidence that falsely accused people have been sentenced to death. Some have gotten off because DNA evidence cleared them, but many haven't. And hell, just ask anybody locked in a Supermax prison for the rest of their lives; they'll tell you living in those places are worse than death. Even Jesus was was killed because of false witnesses leading to the death penalty.

But no, you're stuck on abortion because you precious mentor and religious leader Fred Phelps says so. Weak little sheep.

boldaq 10 years ago

The first time I saw what abortion was while researching on the internet, I couldn't believe what I was seeing and reading. More research confirmed it was all true. Fully formed preborn human beings with detectable brainwaves are being exterminated in the most gruesome ways you can imagine for mere convenience and profit. Forget rape, incest or saving the mother's life. Most people might make exceptions in those cases. But these are healthy, often late term babies with healthy mothers being stabbed, poisoned and snipped apart with scissors while alive and kicking at the abortionists tools. Why is this okay???!!!

boldaq 10 years ago

"Just once I want one of you far right wingers who hates abortion because it's "murder" to come out against the death penalty." -fletch

When we kill human predators like John Wayne Gacy and Tim McVeigh, we're PROTECTING our children.

ABORTION is brutally and painfully killing our own innocent children in the womb for the sake of convenience and profit. And because they're small, helpless, can't organize and can't vote, WE, as human beings, should be they're protectors not their executioners.

boldaq 10 years ago

"Actually boldaq, if you would go to sites other than anti-abortion for your information you might have different opinion." -shadower

I'd love to. Please give me a site that will disprove anything I've said.

Bobo Fleming 10 years ago

This is nonsense. I was a County Attorney under Vern Miller. I can tell you that he ran around the state filing charges and never consulted with me or any County Attorney that I knew. The AG is the chief law enforcement officer in the State of Kansas and the idea that he has to consult with Foulston is nonsense.

budwhysir 10 years ago

If I am correct, Kline is now a district attorney of some sorts isnt he??

catnip 10 years ago

In Poker Parlance, Kline is "on tilt"

Baille 10 years ago

Jurisdiction is taught the first semester of the first year in law school. Kline is desparate. And frankly a little dim.

Look if Tiller is breaking the law, he should pay the consequences. But we don't throw out the law in order to enforce it. Kline is going to be a horrible, horrible DA.

compmd 10 years ago

right_thinker, you and I usually have differing opinions on things, but I think your 3:36pm and 5:20pm posts are two of the best I have ever read from you. Thanks.

Sigmund, good points. How quietly do you think the actual proceedings are going to play out considering all the media wants to do is crucify Kline?

Kline isn't grandstanding for the media folks, he doesn't have anything to gain. He's doing his job, as much as you don't like it. How many of you are lawyers? How many of you hate lawyers? I'm guessing close to zero, and close to all respectively. So how can you have an objective opinion on an attorney general executing his duties? Believe me, I don't like the guy, and I'm not defending him; sometimes working in law can be really ugly, but it has to be done.

rhd99 10 years ago

IN YOUR FACE, Philthy KLINE! Take a stinken hike, & don't forget to pick up your check!

Fred Whitehead Jr. 10 years ago

Jeez. The guy got voted out by a significant margin in JoCo. Yet those Republican extremists hired him. And then he pulls this stunt. Phil Kline IS an ethics violation. I don't think there is a real Republican in JoCo, and I wonder just what these people were thinking. Talk about causing the state a black eye. I am surprised that this one hasn't been picked up nationally. And Bill O'Mouth Reilly will soon have him on his show, and maybe Puss Bimbo, he likes these kind of things. Stay tuned for more bad press for Kansas, thank a whole hell of a lot, Phil!

rhd99 10 years ago

Classclown, well then, isn't that special? Then you tell me why KLINE & the rest of our government system is DUMB? OTS, Homeland Security just admitted that they are invading the privacy of passengers. DUH! What was their first clue? Clown, don't you get it, the government bureaucrats in Topeka like KLINE & those in Washington are STUPID!

rhd99 10 years ago

frwent, Philly Cream Cheese has NO background in law or law enforcement. He never tried a case. Like I said before, like KLINE, & BUSH, people in State & federal governments are VERY STUPID. These two put together & their heads' IQs could not even add up to 44. Bush Homeland Security causing major breaches in travelers' privacy & KLINE violating all kinds of privacy laws with this wastoid of a lawsuit against Tiller. Eat DUST, Right-wing NUTS! As for the rest of you, hope your holiday is bright. Eat, Drink, be Merry & toast up to Kline's & Bush's demises in the coming years. I know I will!

rhd99 10 years ago

By the way, here is a parting gift for your right wing nut reading pleasures regarding the illegal witch hunt against Tiller. Pleasant Dreams, Kline supporters!

"None of the abortions involved a late-term procedure opponents call "partial birth" abortion, Kline said. The charges involve situations in which Tiller cannot demonstrate that a woman faced permanent damage to a major bodily function, or Tiller's conclusion that some patients' mental health would be harmed if they did not have abortions, Kline said.

Tiller and Planned Parenthood have repeatedly said that they have committed no wrongs and that the patient records Kline obtained contained no evidence of crimes by either the clinics or their doctors."

From the AP found on Yahoo!

Rick Oglesby 10 years ago

OK first the black eye is that Kansas is baby killing capital.

Second JOCO GOP central committee are elected persons for each precinct in JOCO and they held an election and KLINE won end of story. Third if you want to talk about petty political stunt then talk to madam queen of Kansas Kathleen S. she should have just signed the KLINE DA paper and gone on with life, but know she had to show us that she rules all our lives and knows better than all of us what is good for us.

oldgranny 10 years ago

All Johnson County did is set itself up to be the laughing stock of the entire state and possibly the country. I have trouble understanding how this could happen in such a supposedly well educated and (at least in their own opinion) superior county. It will be interesting to see just what kind of clown he makes out of himself-I'd bet my bottom dollar he will.

rhd99 10 years ago

jtt, GET A CLUE! The voters of Kansas did not want Kline in office! You think the Governor is bad, BUSH is worse! He knows NOTHING, yet HE thinks he is better than all of us & rules our lives. HE DOESN'T!

rhd99 10 years ago

Thanks to, Connie Morris, Corky Corkins & KLINE, Kansas has been the clown of the entire nation. The nation laughed at our expense. NOT ANYMORE! Now the sorry JOCO residents who wanted KLOWN KLINE in office there will get egg in their face when they least expect it! Don't come crying to me folks of JOCO if Weasal Boy Phil bilks you out the money you pay supposedly for more IMPORTANT projects!

oldgranny 10 years ago

Oh he'll put Johnson county on the map all right. I'm betting by the time he gets done they'll want to disown him like redheaded stepchild. Maybe they can just secede from the state of Kansas for the rest of his term?

rhd99 10 years ago

granny, Kansas should have ostracized him while he was AG & issued a recall election to oust him.

oldgranny 10 years ago

I have no doubt about that rhd99. And the govenor was quite right not to endorse him. It is a slap in the face to all of the Jo. Co. people who voted against him. If they had any backbone they'd be hollering like a scalded cat.

rhd99 10 years ago

Well, granny, I hate to say it, but when they in JOCO vote for Dennis Moore into Congress & decide that Phill Kline is the best they got for DA, they aren't that well educated as they thought, are they? Quick, hold your nose because the Kline Venom is about to pollute Douglas County even more because Kline will be next door in Johnson County. Time to exterminate some pests, like Kline, who is a disease!

pelliott 10 years ago

Kline wasn't elected, he was appointed, by cronies. Johnson county got themselves a really bad lawyer as well as a goof ball. He didn't serve Kansas well, hell , he is such a bad lawyer he didn't do well by the antiabortion people, his shananigans cost them money and credibility., now that is a loser. Phelps is probably the better lawyer, but they may tie on goofball and meanness.

rhd99 10 years ago

parkay, Kline has no ability to prosecute crimes. You want to know who the odd couple of Kansas is? Phelps & Phil. They are a great couple aren't they? HEH HEH! Two sick minds think alike! PHILL & FRED, where is your religion now, SICKOS?! Hohohoho!

rhd99 10 years ago

By the way, here is a holiday headline for the tabloids: PHIL & PHELPS are GAY!

Kathy Theis-Getto 10 years ago

parkay wrote:

"They don't like crime in their community or state, and they don't like filthy, unsafe, crime-ridden abortion mills in their community, either."

Huh? Abortion is legal, so what is your argument?

"They like the man who has shown the ability to put a stop to it."

LMAO! What did Phill put a stop to? He couldn't litigate his way out of a wet paper bag. Johnson County is getting their just desserts.

boldaq 10 years ago

"Tiller and Planned Parenthood have repeatedly said that they have committed no wrongs and that the patient records Kline obtained contained no evidence of crimes by either the clinics or their doctors."

Would you like some proof? Keep in mind Tiller and Warren Hern of Boulder do only late-term abortions (6 to 9 months). And they're very wealthy. That means they kill a lot of babies and for any reason whatsoever.

If an older guy knocks up your underage daughter, all he has to do is put up the money and these monsters, as well as Planned Parenthood, will make the guy's problem disappear, no questions asked.

jonas 10 years ago

Wow, boldaq, that looks like a well-reasoned, unbiased web-site with no pre-determined objectives or agendas other than providing clear examples of truth and reality to it's audience in a calm, succinct manner!

jonas 10 years ago

"Posted by rhd99 (anonymous) on December 22, 2006 at 10:40 p.m. (Suggest removal)

By the way, here is a holiday headline for the tabloids: PHIL & PHELPS are GAY!"

Boo! Don't besmirch the gay community by pairing these two power-hungry, hateful publicity hogs with them. The idea that deep-seated homophobia is due to closet homosexuality is largely a hollywood thing. Sure, there are some instances of it happening, but in this large world there are instances of just about anything happening at one point or another.

Godot 10 years ago

88,000+ babies were aborted in New York City in 2005.

How many innocent men were executed in all of the US in 2005?

Godot 10 years ago

In 2005, 139,000 babies were born in NYC, 88,000 were aborted.

88,000 babies disposed of as medical waste. That is the equivalent of the population of Lawrence wiped out in NYC in one year.

To the 51,000 who survived, you must be very, very special. Good luck. You are going to need it.

Godot 10 years ago

My math was screwed. The point is that 2 out of 3 babies conceived in NYC in 2005 were aborted. How can any human being think that is a good thing?

Godot 10 years ago

My math is still screwed.

88000 plus 139000 equals 227000 potential humans.

38% were aborted.


Is this what Roe v Wade contemplated?

Godot 10 years ago

Rational person Y, a 42 year old academecian with no children and my ovaries are drying up. I will pay $25,000 to have my ovaries extracted, mixed with some unknown person's sperm to produce a zygote; I will choose one or two or three of the several fertilized zygotes and discard the others, I will have the chosen ones inserted in my uterus in the anticipation they will grow; I will have a c-section 6 weeks prior to due date due to medical stress, devlivering a single prematurely born child.

And I unequivocally support the right of a woman to choose, because life only begins at birth.


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