Defense claims misconduct in state abortion clinic case

? A pretrial hearing for Dr. George Tiller concluded Wednesday with the state defending its prosecution of the Wichita abortion provider and defense lawyers linking the criminal charges to “outrageous conduct” by two former attorneys general.

Tiller is scheduled to go on trial March 16 in Sedgwick County District Court on 19 misdemeanor counts of failing to obtain a second opinion for some late-term abortions from an independent physician, as required by law.

In closing arguments before District Judge Clark Owens, defense lawyer Dan Monnat said all evidence gleaned from an investigation by then-Attorney General Phill Kline must be suppressed because of what he called lies and misrepresentations to the judge who issued subpoenas in the case.

But Assistant Attorney General Barry Disney argued that the defense failed to prove its contention that Tiller was subject to selective prosecution by Kline, who is well known for his opposition to abortion.

Owens said he would rule in mid-February at the earliest on the defense’s motion to dismiss the charges or suppress some evidence.

Kline, who opposes abortion, began investigating Tiller after taking office as attorney general in 2003. He filed 30 misdemeanor charges alleging that Tiller performed 15 illegal late-term abortions and failed to properly report procedural details to state health officials.

Those charges were dismissed before Paul Morrison — longtime Johnson County district attorney — became attorney general after defeating Kline in the November 2006 election. Kline was chosen by Johnson County Republicans to finish Morrison’s term as district attorney.

Morrison filed the 19 misdemeanor counts against Tiller in June 2007. He resigned as attorney general in January 2008 after acknowledging an affair with Linda Carter, who had worked for him and later for Kline in the Johnson County prosecutor’s office