Morrison says he'll file charges against Tiller / LJWorld.com

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Morrison described the allegations as a “technical violation” of a 1998 law restricting late-term procedures.

The Associated Press

June 28, 2007

Topeka — The state's attorney general announced Thursday that he will file 19 misdemeanor charges against a high-profile abortion provider, after a six-month investigation into allegations that the doctor performed illegal late-term abortions.

Attorney General Paul Morrison said Dr. George Tiller, in obtaining a second opinion required under Kansas law for some late-term abortions, didn't rely on a financially and legally independent doctor.

Morrison described the allegations as a "technical violation" of a 1998 law restricting late-term procedures. "And it's my job to enforce the law," he said in a written statement.

Morrison's predecessor, Phill Kline, an anti-abortion Republican, had filed 30 misdemeanor charges against Tiller, who is one of the few U.S. physicians performing late-term abortions. The case, filed in December in Sedgwick County District Court, was dismissed by a judge over jurisdictional issues.

Morrison defeated Kline in last year's general election and took office Jan. 8, launching his own review of the evidence Kline collected and gathering new information.

Morrison's announcement Thursday was a surprise. A day earlier, his spokeswoman had confirmed that Morrison, an abortion-rights Democrat, would not pursue 15 reporting-related charges Kline had filed. Also, abortion opponents had said repeatedly that they didn't think he would prosecute Tiller and had tried to build public pressure on Morrison to refile Kline's case.

Morrison said Thursday that Kline's charges were "incorrect and based on a political agenda" and insisted that his own case "was not about politics or pursuing a personal agenda."

"During our review of Kline's 30 mistaken charges, we found a pattern - a pattern of referrals from one physician," he said.

The abortions in question involved cases in which patients were more than 21 weeks pregnant and the fetuses were able to survive outside the womb. Under such circumstances, Kansas law requires two doctors to conclude that if the pregnancy continues, a mother-to-be will face death or "substantial and irreversible" harm to "a major bodily function," which has been interpreted to include mental health.

According to Morrison, Tiller listed the second doctor as Ann Kristin Neuhaus, who was included on Kline's list of potential witnesses in his criminal case.

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Discussion

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28 June 2007
at 1:08 p.m.

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daddax98 (Anonymous) says…

gonna be a busy comment day on this one
28 June 2007
at 1:13 p.m.

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mommaeffortx2 (Anonymous) says…

who care the house of reps. just voted themselves a raise, that makes me very angry.
28 June 2007
at 1:15 p.m.

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alm77 (Anonymous) says…

Sounds like Morrison is doing his job. :)
28 June 2007
at 1:29 p.m.

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Bubbles (Anonymous) says…

With TBK (Tiller the Baby Killer) on the loose, no one is safe until he is behind bars. Maybe he'll get a cell next to BTK.
28 June 2007
at 1:29 p.m.

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Crispian (Crispian Paul) says…

Ferdo, I doubt that will happen considering that Morrison's office also came out yesterday stating they have good evidence to support that Kline did, in fact, act unethically and possibly illegally in his search of these records.

Scene, I too find it VERY interesting that many of the “right” wing people on here are very quick to say that Morrison is unethical, supports abortion at any cost, etc, but when there is a story showing a certain level of objectivity in his prosecuting vs. Kline, regardless of his personal beliefs, no one comes out and says “wow, I guess he really is trying to do his job”.
28 June 2007
at 1:31 p.m.

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Crispian (Crispian Paul) says…

Bubbles, you say on the loose. However, the possiblity of current charges against Tiller notwithstanding, he and other doctors that provide abortion are not breaking the law. They are providing a legal service upheld in the 1970's……get over it.
28 June 2007
at 1:33 p.m.

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Crispian (Crispian Paul) says…

Bubbles (Anonymous) says:

With TBK (Tiller the Baby Killer) on the loose, no one is safe until he is behind bars. Maybe he'll get a cell next to BTK.

Bubbles, also, having known one of BTK's victims, I highly doubt these victims families will appreciate you equating those horrendous torture murders to a legal medical procedure, regardless of your personal view of abortion.

28 June 2007
at 1:37 p.m.

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packrat (Anonymous) says…

I think the reference to BTK is uncalled for.

I'm extremely surprised that any charges were filed.
28 June 2007
at 1:47 p.m.

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werekoala (Anonymous) says…

The reason that this is so surprising to some folks is that given the antics of Kline and Gonzales, people had forgotten what a good, impartial attorney general looks like. That's certainly why I've voted Democrat the last few election cycles — because it's time to put the adults back in charge.

I for one wouldn't be surprised to see charges against both Tiller AND Kline. I look forward to watching partisans' heads asplode from the cognitive dissonance of it all.
28 June 2007
at 1:52 p.m.

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SettingTheRecordStraight (Anonymous) says…

Tiller sucks.
28 June 2007
at 1:56 p.m.

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ModerateOne (Anonymous) says…

“packrat (Anonymous) says:

I'm extremely surprised that any charges were filed.”

Why? This is politically brilliant.
28 June 2007
at 2:08 p.m.

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sourpuss (Anonymous) says…

Sounds like at least one person is just trying to do their job without dragging politics or personal ideology into things. Refreshing.

If the doctor broke the law, he broke the law, regardless of the procedure.
28 June 2007
at 2:17 p.m.

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TheOriginalCA (Anonymous) says…

These are all misdemeanor charges. Nothing will happen. Carry on with TBK.
28 June 2007
at 2:18 p.m.

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zbarf (Anonymous) says…

Good news…

Are we going to see “Snoop Dog” adds against Morrison now that he is going after tiller?
No election so I doubt it.

Maybe Kline wasn't the bad guy after all.
Anyone care to apologize for dragging him through the mud?
28 June 2007
at 2:18 p.m.

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Godot (Anonymous) says…

I am very pleased by Morrison's decision to bring charges, but I am disappointed that he would dismiss as “a technicality” Tiller's use of the same doctor, repeatedly, apparently with whom he financial ties, to back up his assertion that the killing of a viable fetus met the criteria set forth by law. I hope Morrison continues his investigation and expands it to include the nature of the relationship between Tiller and Neufeld.

28 June 2007
at 2:21 p.m.

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Godot (Anonymous) says…

There is nothing impartial about an AG stating that charges are just for “a technicality.”

When will Morrison begin his investigation of the person at KDHE that helped Tiller fill out those forms?
28 June 2007
at 2:25 p.m.

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partdim (Anonymous) says…

Does anyone ever get tired of passing judgment without knowing all the facts?
28 June 2007
at 2:25 p.m.

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jasonc_22 (Anonymous) says…

it is politically brilliant..but this liberal is shocked as hell.
28 June 2007
at 2:33 p.m.

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cait48 (Anonymous) says…

Yes it is politically brilliant. I too think that Morrison will bring charges against Kline. The charges against Tiller are for “technical” violations. He dotted the wrong i or didn't cross the right t. It's extremely doubtful that Tiller will see any jail time, much less get his clinic shut down. He'll pay a few thousand dollars in fines and that will be that.
Kline, on the other hand, could at the very least be facing disbarment if not criminal charges. The GOP would be wise to start distancing themselves from him now and it wouldn't surprise me to see that happening soon. Morrison is still a Republican in sheeps clothing. He switched parties specifically to beat Kline. Kline did his best to cover his tracks by scattering the records to the wind (heck he didn't even leave a case file for gods sake) but Morrison was known as a bulldog even when he was a DA. I don't see him letting this go. Not just because it's the “right” thing to do. My belief is that Morrison is still very angry that his beloved moderate GOP party was hijacked by Kline and the fundy right power brokers that supported him.
28 June 2007
at 2:38 p.m.

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merrill (Anonymous) says…

Kline is a fisherman who allows his religious beliefs to determine his legal direction on some very private matters it did seem like. Meanwhile Dr.Tiller has yet to be found guilty.
28 June 2007
at 2:41 p.m.

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feeble (Anonymous) says…

Here's a link to the article concerning what Morrison's said. Show us where Morrison's office said what Kline did was “possibly illegal.”
=========================================================================

It was reported in the KC Star story:

http://www.kansascity.com/static/insi…
(registration required.)

“In four cases, Morrison's office says, Kline investigators mistakenly copied state health records in a way that made it appear as if Tiller might be violating the law.

The two-sided reports were copied by Kline's office and somehow, the front side of one report was then attached to the back side of another. The resulting discrepancies made it look as if Tiller was failing to report all the details of the case, according to Anstaett.

“It's hard to imagine a competent attorney making the same mistake four times,” she said.”

So, yeah Morrison office has alleged that Kline and his staff were either grossly incompetent or acted illegally and unethically. This is the exact sort of behavior that got Mike Nifong over in NC disbarred.
28 June 2007
at 2:49 p.m.

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cait48 (Anonymous) says…

Ferdinad take a look at what happened in North Carolina with the Duke case. Morrison's office yesterday implied that in eleven of the charges Kline engaged in hiding exculpatory evidence. His office also implied that in four of the charges evidence was “manufactured”. That's fraud. Read the article.
Either way the next few months will be interesting because I don't see Morrison giving this up.
28 June 2007
at 2:52 p.m.

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janeyb (Anonymous) says…

Kline wanted the abortion records not only to see if Tiller was performing illegal late-term abortions, but also wanted to find out about Tiller's clients. Who were they? How old were they? How can I use my power as AG to itimidate women from seeking legal abortions? Can I file charges against the clients, their spouses, boyfriends, parents, etc.? Right-wing, left-wing, religious or atheist–Kline is just crazy!

28 June 2007
at 2:56 p.m.

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Bubbles (Anonymous) says…

Crispian (Crispian Paul) says:

Bubbles (Anonymous) says:

With TBK (Tiller the Baby Killer) on the loose, no one is safe until he is behind bars. Maybe he'll get a cell next to BTK.

Bubbles, also, having known one of BTK's victims, I highly doubt these victims families will appreciate you equating those horrendous torture murders to a legal medical procedure, regardless of your personal view of abortion.
+++++
Don't tell them and they will never know.
28 June 2007
at 3:06 p.m.

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werekoala (Anonymous) says…

People, even if you think that abortion is murder, you should be far, far more upset about Kline's behavior as AG. Subverting the process of justice, hiding exculpatory evidence, and either negligent or (more likely) deliberate falsification of legal evidence are much more deadly to society as a whole than one abortionist could ever be.

It's like how it's far worse to have a crooked cop on the streets than a murderer, or how Nifong the prosecutor is much worse than the girl who was the accuser — one affects specific victims, who while tragic are ultimately limited in scope. The other attacks the very structure on which we attempt to maintain civilization - belief in the impartial rule of law.

For instance, now that this has come out, I predict it will be harder for Kline as JOCO DA to effectively win cases, and if he does, I expect the judges will apply much more rigorous scrutiny to any evidence, and be more inclined to toss anything with an “i” undotted. Which in turn, can lead to more criminals on the streets. All because Dr. Phil has a penchant for showboating instead of being an effective attorney.

But hey, don't let facts get in the way of y'all's BTK screed.
28 June 2007
at 3:14 p.m.

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nekansan (Anonymous) says…

I think the reality is there needs to be an independent investigation in to Kline's handling of the case. It appears that at best there were some glaring mistakes made in how the cases were handled. At worst Kline knowingly & unethically omitted portions of medical records that did not support his case and may have not handled the medical records in accordance with the law and with the court's orders. It makes me wonder if Kline's expert that reviewed the cases even had all the facts when he “determined” if Tillers actions were in violation Kansas laws. Either of these worst case scenarios could mean censure or worse for Kline. Obviously many would not view Morrison as independent enough to investigate Kline so we need a true independent counsel appointed to investigate Kline's handling of the Tiller & Planned Parenthood cases.
28 June 2007
at 3:18 p.m.

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packrat (Anonymous) says…

“because it's time to put the adults back in charge” Does anyone remember the antics of the Democrats during the Clinton Administation?

Both parties behave like children when they are in power.
28 June 2007
at 3:26 p.m.

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jasonc_22 (Anonymous) says…

But, obviously, mr. morrison is significantly more adult than mr. kline, without a doubt!
28 June 2007
at 3:50 p.m.

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fletch (Anonymous) says…

So let me recap this discusion:

1) If Morrison didn't prosecute Tiller, it was because he's in Tiller's pocket.
2) If Morrison does prosecute Tiller, it's because he's in Tiller's pocket and wants to hide it.
28 June 2007
at 4 p.m.

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jasonc_22 (Anonymous) says…

i think that is probably a very fair summary, fletch
28 June 2007
at 4:09 p.m.

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feeble (Anonymous) says…

I just got home. I thought murder was a felony. Morrison is only cracking the surface on this. Tiller will serve the rest of his life in prison when this is blown wide open, Sebelius may be recalled and Morrison will end up resigning.
Many in the KS Dem Party and ProKanDo will be charged too.
==========================================================================
Make sure to include a pony and bicycle on your christmas wishlist.

28 June 2007
at 4:15 p.m.

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spacystaci8 (Anonymous) says…

Well I don't know that I would call Kline a hero, but this Tiller turd needs to pay for all the baby killing. He'll probably only get a slap on the hand, unfortunately. Interesting to see how this turns out. Is Morrison really doing it for the “good” of the people?
28 June 2007
at 4:15 p.m.

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kshiker (Anonymous) says…

I'm a Republican who is firmly pro-life and I think that George Tiller is a giant scumbag who routinely and deliberately violates the state law against performing post-viability abortions. However, I applaud Paul Morrison for bringing this prosecution and firlmy believe that he truly is interested in enforcing the literal interpretation of the law. Kudos and congratulations to the AG on a job well done so far!
28 June 2007
at 4:21 p.m.

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Uhlrick_Hetfield_III (Anonymous) says…

I think the whole affair should be investigated. there have been so many charges and countercharges against both Kline and Morrison that they both deserve an independent, bipartisan investigation so that people can have some confidence in the legal system.

These particular charges are nothing to Tiller. They don't threaten his license and the fines would be a pittance he could pay out of his pocket change.

The worst charges were dumped, giving ammunition to those who claim Morrison is in Tiller's pocket.

However, even if there is an independent investigation, which there won't be, by the time it got around to doing anything, the statute of limitations would be long over and Tiller would be free as a bird.

It's a mess and thus far has only served to demonstrate the arbitrary and capricious nature in which the law in Kansas is enforced. We the citizens of Kansas are the true victims of such a pathetically administered legal system.
28 June 2007
at 4:33 p.m.

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machiavelli (Anonymous) says…

The Republican Party: Fighting for your right to live.*

*Void upon delivery. Offer may not be used in conjunction with minority status, other-than-mainstream sexual orientation, or members of groups not endorsing superstitious beliefs relating to 33-year old carpenters with supernatural powers…
28 June 2007
at 4:33 p.m.

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Roadkill_Rob (Anonymous) says…

“Shame on all of you co-conspirators to murders.”

Well then, since we're reaching, I guess you co-conspired to have innocent Iraqis and American soldiers die you hypocrit. Shame on you!!!

bwhaaaaaa!!!!!! \m/-_-\m/
28 June 2007
at 5:07 p.m.

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ndmoderate (Anonymous) says…

Best post of the day goes to Machiavelli!
28 June 2007
at 5:40 p.m.

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yankeelady (Anonymous) says…

yaay Machiavelli great post. On a more serious note, it would be very nice if we could all remember part of what that 33 yr old carpenter said and take care of our own shortcomings before judging others–or telling them how to live their lives.
28 June 2007
at 6:57 p.m.

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Sigmund (Anonymous) says…

“According to Morrison, Tiller listed the second doctor as Ann Kristin Neuhaus, who was included on Kline's list of potential witnesses in his criminal case.” Gee I wonder if she ever practiced medicine in Lawrence as “Kris?”

“The lone Lawrence doctor on the disciplinary list (for medical malpractice) no longer practices here. That was Dr. Kris Neuhaus, who formerly operated an abortion clinic.”
http://www2.ljworld.com/news/2003/oct…

28 June 2007
at 7:01 p.m.

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crazyks (Anonymous) says…

So now you're upset, RT, because the charges that Morrison is bringing against Tiller are only misdemeanors? You do realize, don't you, that all of the 30 charges that Kline tried to charge against him were also only misdemeanors?

You have moaned and groaned and insulted people on these boards for months, claiming that Morrison would never bring any charges against Tiller. Now that he has, where is your apology?
28 June 2007
at 7:32 p.m.

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fletch (Anonymous) says…

Only problem with that logic is Morrison is in charge of enforcing laws, not your beliefs.
28 June 2007
at 7:53 p.m.

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werekoala (Anonymous) says…

I just realized another funny think about the right-wing guys on here. Anyone remember their screeds about “activist judges” or “legislating from the bench” last election cycle?

Sounds like they sure don't, because barely-hidden-between-the-lines in their posts is seething anger at AG Morrison for not acting the way Kline did as AG. You know, trying to create the law through the courts, instead of enforcing it?

Because while I feel for the kids who've learned from “Do Civics the GWB Way”(TM) style of thinking; the job of any attorney general, federal or state is to impartially enforce the law of the land. It is not to create the law, or to selectively enforce it based on personal views.

In just the same way, I don't care if Morrison is, as I am, personally opposed to the death penalty; as AG, I would expect him to seek it in any cases that fulfill its criteria, or to step down from his position.

Oh, and golf clap to machiavelli.
28 June 2007
at 9:21 p.m.

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dozer (Anonymous) says…

Parkay - Look at the charges that Kline filed for the late term abortion and look at the charges Morrison filed for the late term abortion. They are the same violation. The difference is that Morrison is prosecuting under the theory that the two doctors were not financially independent, while Kline was attempting to show the mental health of the mother's was not at issue. They are both technicalities when you peel away the layers.

The punishment is set by the legislature. Kline couldn't have gotten any more time than Morrison will get if there is a conviction. The punishment is set by the legislature, If you don't like the punishment, talk to your representative about making the penalty more harsh.
28 June 2007
at 10:21 p.m.

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Godot (Anonymous) says…

In addition to making the punishment fit the crime (that of filing fraudulent documents that justify the abortion, resulting in the murder of a viable fetus, i.e. nearly born infant) we need to demand the legislature clarify the term, “substantial harm to a major bodily function,” and require the abortionist to provide an explicit diagnosis with two independent specialists in the field of the diagnosis to verify that giving birth will meet the newly clarified criteria. And we need to make sure that KDHE employees, including its attorneys, are not players on Tiller's team.
28 June 2007
at 11:19 p.m.

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dozer (Anonymous) says…

Godot - I was agreeing with you until you got to the part about the KDHE attorney being players on Tiller's team. Get off the conspiracy theory bullcrap. Tell your legislature to write a better law, one that doesn't leave such ambiguity. You might attract more people to your argument if you didn't take it to illogical extremes.
29 June 2007
at 12:23 a.m.

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manyblessings (Anonymous) says…

It is amazing to me that anyone can be supportive of someone performing illegal late term abortions. Once you get past the first term of pregnancy it is pretty hard to deny that you have a living child in the womb, especially if you have ever watched an ultrasound on a pregnant woman in the second trimester. It is a sick individual who would deliberately defy the law in order to put to death these precious, innocent babies.
29 June 2007
at 12:34 a.m.

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Godot (Anonymous) says…

dozer, re-read the article about how KDHE employees aided Tiller in completing the bogus reporting forms.

29 June 2007
at 10:14 a.m.

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chchcherrybomb (Anonymous) says…

dozer is absolutely correct. The legislature needs to pass a law that clearly states when a late term abortion is permitted. You certainly are free to lobby the legislature to remove the mental health part of the “major bodily function” defintion.
29 June 2007
at 10:44 a.m.

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Stain (Anonymous) says…

right_thinker (Anonymous) says:
And the left was really backing Kline enforcing the laws?

the left, the left, the left, the left, the left…

Is everything in the universe a left vs right thing to you? Is there no nuance, no room for compromise, no individual variation - just two ball teams, just two colors of cowboy hats, the left and right? Is your world really this simple?

ad nauseum