Tiller pleads not guilty at early court date

? Dr. George Tiller on Friday pleaded not guilty to misdemeanor charges related to performing late-term abortions.

Tiller turned himself in to the Sedgwick County Sheriff’s Office for processing on misdemeanor charges and was released on his own recognizance, commonly done in misdemeanor cases, his attorney said.

He did not appear personally in court.

Tiller had been scheduled for his first court appearance on Tuesday, but the unannounced move allowed his attorneys to enter the not guilty pleas to all counts on Tiller’s behalf.

Tiller, one of the few U.S. doctors performing late-term abortions, faces 19 misdemeanor charges in Sedgwick County District Court. Attorney General Paul Morrison alleges the Wichita doctor broke the law by consulting in 2003 on late-term abortions with a doctor who had business ties to him.

A 1998 law requires two doctors to sign off on some late-term procedures. It says those physicians cannot have financial or legal ties.

Tiller’s attorney, Lee Thompson, declined to comment on the reasons for the sudden change in court dates, issuing only a brief statement afterward.

“The law permits first appearance in misdemeanor cases to be made by counsel, and that has been done. A plea of not guilty has been entered,” the statement said.

Thompson said he anticipated no court appearance on Tuesday, but said an Aug. 10 hearing was still scheduled.

Ashley Anstaett, spokeswoman for Attorney General Paul Morrison, said defense attorneys worked out the deal with Sedgwick County District Judge Gregory Waller to allow Tiller to turn himself in and get processed while his attorney represented him in court.

“This is something the court allowed Dr. Tiller to do and there is nothing unusual about it. In a misdemeanor case, the defendant is allowed to be represented by his attorney,” Anstaett said.

Anstaett said prosecutors did not object to it.

“This is standard procedure in a misdemeanor case,” she said. “This happens all the time.”

The state’s largest anti-abortion group, Kansans for Life, hadn’t expected an extensive court hearing because it was a first appearance in a misdemeanor case, said executive director Mary Kay Culp.

She said she couldn’t say whether Morrison worked with Tiller’s attorneys to lessen the publicity surrounding Tiller’s appearance but, “I think that is a logical conclusion.”

Culp said Tiller wants to avoid the spotlight because, “He doesn’t want to be seen, you know, as the criminal that we suspect that he is.”

Anstaett said Morrison’s office did not receive confirmation until Friday morning that the court date had been changed.

The law under which Tiller is charged applies when abortions are performed after the 21st week of pregnancy and the fetus can survive outside the womb.

The Aug. 10 hearing will take up a defense motion to dismiss charges. Tillers attorneys are challenging the constitutionality of the Kansas law on late-term abortions. Prosecutors plan to file briefs early next week defending the constitutionality of the statute, Anstaett said.

Two doctors must determine that continuing the pregnancy will lead to the mother’s death or cause “substantial and irreversible” harm to “a major bodily function,” a phrase interpreted to include mental health. The second doctor cannot be “legally or financially affiliated” with the abortion provider.

In 19 such procedures from July 8, 2003, through Nov. 18, 2003, Tiller consulted with Dr. Ann Kristin Neuhaus, of Nortonville, and formerly of Lawrence, according to Morrison’s complaint. The attorney general has said they had a financial relationship, although he hasn’t been more specific.

Neuhaus’ attorney has said Tiller did not pay her. Tiller’s attorneys have said the charges, filed Thursday, stem from “a difference of opinion” among attorneys about “unusual technicalities” in the law.