Family Concerns “Bridging the Information Gap” A Publication of Concerned Women for America of 2007-05 February 19, 2007

MISSING: FACTS CONCERNING THE appeal of his action was made to the , CHARGES AGAINST who did not review the merits of the case, but merely acted The media leaves out some things in its reporting of upon Morrison’s action to dismiss. Their action, according to Kline, has nothing to do with the merits of the case against dismissal of charges against Tiller Tiller. The charges brought against George Tiller, infamous The case against Tiller Kansas third-trimester abortionist by former Kansas Attorney It must be pointed out that the case against Tiller, in which two General Phill Kline have been dismissed by the Kansas judges found probable cause, are concerning later-term Supreme Court; however, not all the facts in this complicated performed on children and adults, as late as 32 weeks gestation, legal labyrinth have been forthcoming in the press. There and failure to report on girls under the age of 14. All have been several recent attempts to prosecute Tiller, but to of the late-term abortions were performed on viable infants as no avail. According to Operation Rescue and former determined by Tiller. In addition, all of the abortions were based on Attorney General Kline, the dead ends in the labyrinth are a diagnosis that if the abortions were not performed the mother not necessarily the end of the quest, merely a detour. would suffer severe depression, single episode depression, anxiety disorder, or in some cases, adjustment disorder. Kansas law The story according to one of the principal players allows a late-term only if two doctors find there will be In an e-mail to his supporters on February 14, Kline reviewed the substantial and irreversible damage to a major bodily function of the main points of the case against George Tiller, following the Kansas mother if the abortion were not performed. After late-term abortions Supreme Court’s granting of current Attorney General Paul were outlawed in Kansas in 2000, and then- Attorney General Carla Morrison’s request to dismiss the appeal of Judge Paul W. Clark’s Stovall (who is pro-choice by her own admission) issued an opinion dismissal of charges against Tiller. In the e-mail, Kline gives a that Kansas law allowed for a mental health exception for late term refresher on the facts: abortions as long as the mental health harm was irreversible and permanent. • Charges were filed against George Tiller in December after Sedgwick County District Judge Eric Yost reviewed the The questions evidence submitted and found that there was probable cause • Does a single episode of depression constitute irreversible and to believe that crimes had been committed and also probable substantial harm to the mother? cause that the defendant [George Tiller] had committed the crimes. • Did George Tiller perform the abortions in question for that reason? Two judges found probable cause, yet District • The next day, according to Kline, without his knowledge, Attorney Nola Foulston did not find evidence to charge Tiller Sedgwick County District Attorney Nola Foulston requested a with failure to report child rape, even though some of the hearing before another judge, Judge Paul W. Clark. She subjects were under fourteen, including one ten-year-old. The persuaded Clark to dismiss the case on jurisdictional grounds, failure to properly state the reasons for the abortions were not claiming that Kline, the then-sitting , found to be worthy of prosecution as well. had no jurisdiction in Sedgwick County. Judge Clark, according to Kline, did not review any of the charges in his • What about the witnesses that convinced Judge Yost to allow decision but ruled only on Foulston’s request to dismiss. the charges to be filed? Included in the list is Dr. Paul McHugh, who is the Director of the Department of Psychiatry • Kline then requested that Judge Clark reverse his decision. and Behavioral Sciences of Johns Hopkins University School Judge Clark maintained that Kansas law does not allow the of Medicine, the Psychiatrist-in-chief of the Johns Hopkins attorney general to file criminal charges; that only the district Hospital and a member of the President’s Council on Bioethics. attorney can do so, in spite of the fact that the attorney He filed an affidavit in support of the Tiller charges. What general’s office had prosecuted numerous criminal cases about the “other doctor” who signs off on the late-term without district attorney invitation. To reinforce his position abortions? This doctor is none other than Dr. Ann Kristin Kline argued KSA 22-3103, “If the testimony taken [in an Neuhaus, a former abortionist and associate of George Tiller. investigation] discloses probable cause to believe that a crime has been committed . . . the attorney general . . . may file such • What about documents that show campaign finance ties by testimony together with his complaint . . . and a warrant shall Tiller, and other PACs with connections from Tiller to Foulston, there upon be issued for the arrest of such person . . .” Kline Judge Clark, and Attorney General Paul Morrison? reasoned that it was under this authority in the Kansas statutes http://www.operationrescue.org that the Tiller charges were filed. Kline then appointed Don McKinney as a special prosecutor to continue after he left It is clear that with such discrepancies from the media, office at incoming Attorney General Paul Morrison’s request. elected officials and the information stated by Kline, an He had formerly stated to the press that he would drop the investigation should go forward in the interest of the safety of investigation, but later invited Kline to appoint a prosecutor. women and girls and in the interest of justice for infants as The special prosecutor filed an appeal of Judge Clark’s directed by Kansas law. decision as a “writ of mandamus” action with the authority of the office of attorney general. All of the above items were excerpted from former District Attorney Phill Kline’s e-mail and from Operation Rescue’s Web site. • Morrison had stated that he would not interfere but reneged on his position and dismissed the prosecutor and the charges. An

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