Topeka ? Gov. Kathleen Sebelius today criticized Attorney General Phill Kline’s actions in his abortion investigation into George Tiller.

“The story just continues to get stranger and stranger,” Sebelius said in response to questions from reporters.

On Wednesday, a state district judge rejected for the second time an attempt by Kline to file charges against Tiller, a Wichita doctor who performs abortions.

Kline, an abortion opponent, said he would appoint Don McKinney, also an anti-abortion advocate, as a special prosecutor to take over the case before he leaves office Jan. 8.

Asked if she thought Kline’s actions were appropriate, Sebelius said, “I think what the judge found is that he did not follow the law, he did not abide by the steps that needed to be taken. He looked at it twice, and to me that’s not appropriate to have an attorney general who isn’t following Kansas law.”

Sebelius, a Democrat and abortion rights supporter, said she looked forward to Jan. 8 when Democrat Paul Morrison, who defeated Kline, a Republican, in the November general election, would take over the job.

Of Morrison, she said, “He is capable of sorting this out and figuring out how to move forward. It is just how messy can it get in the next 10 days before he takes office?”

Kline has defended his probe, alleging that Tiller has performed illegal late-term abortions. He said the dismissal of the charges are without merit.

Tiller, through his attorneys, has said the late-term abortions were legal because of state law that allows them for mental health reasons.