Topeka ? With Attorney General Paul Morrison’s investigation taking longer than expected, some abortion opponents still hope to go around him to see Dr. George Tiller prosecuted for allegations he performed illegal abortions.

Tiller, of Wichita, is the state’s best-known abortion provider and among a few U.S. doctors who do late-term procedures. In December, outgoing Attorney General Phill Kline, an anti-abortion Republican, filed 30 misdemeanor charges accusing Tiller of violating restrictions on late-term abortions, only to have the case dismissed.

Morrison, an abortion rights Democrat who ousted Kline from office last year, has been reviewing Kline’s evidence since taking office in January. Seven weeks have passed since he said he would make a decision within a few weeks on whether he would prosecute Tiller.

“They’re finishing up,” Morrison spokeswoman Ashley Anstaett said Tuesday. “I know it’s taking longer than he expected.”

Dan Monnat, a Wichita attorney representing Tiller, said the doctor isn’t worried about Morrison’s delays.

“Dr. Tiller is innocent of any wrongdoing,” Monnat said. “We have every confidence that a professional prosecutor’s review will show just that.”

Meanwhile, Troy Newman, president of Operation Rescue, said the anti-abortion group is pursuing several legislative and legal options in both state and federal court, though he declined to be more specific.

Some abortion foes backed a House resolution directing Morrison to refile Kline’s case against Tiller, but the House didn’t vote on it before legislators adjourned May 2. Lawmakers plan to return next week to Topeka, but only to consider relief for tornado-damaged Greensburg.

House Speaker Melvin Neufeld said he has considered a suggestion from Kansans for Life, the state’s largest anti-abortion group, that the House, which has an anti-abortion majority, investigate Tiller.

“At this point, I don’t think it’s fair to anybody to be telegraphing what may or may not happen,” said Neufeld, R-Ingalls.

Kline alleged that Tiller performed 15 illegal late-term abortions in 2003 on patients aged 10 to 22, then failed to properly report the details to state health officials.

Under Kansas law, a doctor can abort a viable fetus after the 21st week of pregnancy to save a woman’s life or to prevent “substantial and irreversible” harm to “a major bodily function,” something that’s been read by state officials to include mental health. In his complaint against Tiller, Kline said the doctor performed the late-term abortions for reasons such as a patient’s “single-episode” depression.

Kline’s case was dismissed by Sedgwick County District Court Judge Paul Clark for jurisdictional reasons. Abortion opponents view Kline’s evidence against Tiller as compelling and said there was no need for Morrison to do his own review.

“It’s inconceivable that a competent attorney couldn’t read the charges as written. The work has been done,” Newman said. “The law and public opinion are on our side. What it’s going to take to enforce the stinking law?”

Monnat, Tiller’s attorney, has said repeatedly that Kline’s charges were without merit and the result of his political agenda.

Anstaett said: “We are thoroughly investigating Dr. Tiller and if there’s evidence of a crime, we’ll prosecute.”