Wichita ? A sex scandal that forced Attorney General Paul Morrison to resign hung Monday over a criminal case against abortion provider Dr. George Tiller.

Tiller’s attorneys argued that a woman involved in an extramarital affair with Morrison influenced his decision last year to file 19 misdemeanor charges against Tiller in Sedgwick County District Court. Morrison stepped down in January, but his successor, Steve Six, is pursuing the case that accuses Tiller of violating a 1998 state law requiring that a second, independent Kansas physician sign off on most late-term abortions.

Tiller’s attorneys want to suppress most of the evidence gathered by the attorney general’s office or to get the charges dismissed. They’re hoping that during a pretrial hearing, they can present a written statement signed by Morrison’s former lover, Linda Carter.

They subpoenaed Timothy Keck, a special prosecutor investigating Morrison’s conduct, and Tim Carpenter, a Topeka Capital-Journal reporter, hoping to force either one to turn over a copy of the statement. In it, Carter discusses her relationship with Morrison and says she tried to persuade him to file charges.

The newspaper and the attorney general’s office want to quash the subpoenas. Sedgwick County District Judge Clark Owens had a brief hearing about the subpoenas before hearing testimony on whether the evidence against Tiller should be suppressed.

Some details in Carter’s statement have been widely reported. She has said her affair with Morrison began in September 2005 and continued both through Morrison’s successful run for attorney general in 2006 and after he took office.

“Everyone in the state, apparently, has seen the statements of Linda Carter,” said Dan Monnat, one of Tiller’s attorneys.

Keck and a partner, Robert Arnold III, both Olathe attorneys, have been investigating whether Morrison broke any Kansas laws during his affair with Carter and have not announced any findings. Carter accused Morrison of official misconduct, which he has denied.

Carter worked for Morrison when he was Johnson County district attorney as his director of administration, but she didn’t join his staff at the attorney general’s office.