"More action in the case of Dr. George Tiller, an abortion provider in Kansas who has been under investigation for allegedly performing illegal late term abortions and failing to report them accurately.  Attorney General Phill Kline was given another chance today to convince a judge to reinstate charges against Dr. Tiller -- but no dice.  The judge threw out the case ..."

"This is a huge battle in the culture war"

Kobach:  "It's important to recognize the judge wasn't looking at the underlying complaint -- wasn't looking at the criminal charges.  Any lawyer in his right mind looking at this complaint would realize that  there is probable cause that crimes were committed by Dr. Tiller's abortion clinic...".

Kobach:  "Exactly"

Kasich:  "That can't be."

Kobach:  "It is ridiculous ... the Attorney General in Kansas  routinely brings criminal prosecutions in the counties of the state ... The judge is pretending as if this Attorney General has no power to bring a criminal case in the county court unless the DA wants to.  ..."

"... according to Judge Clark's order no one ... can prosecute if the DA wants to stand in the way ..."

Kobach:  "If this judge's order stands, then in theory it could..."

Kasich:  "If you move off the abortion issue, and you got kids -- allegedly 10 and 12 years olds who had an abortion -- who perhaps were raped by members of their own family -- and we're not going to get to the bottom of it?"

"The story is not going to go away.  O'Reilly won't let it go away.  Hopefully the people in that state won't let it go away. ..."

There are four items that are important to know when considering the actions of the District Court in response to the arguments of the District Attorney in Sedgwick County in the case filed against Mr. Tiller.  

1)      Kansas statute in two places expressly allows the Attorney General to bring the actions such as the case filed against Mr. Tiller.

a)     KSA 22-3103 states 

(i)f the testimony taken at an inquisition discloses probable cause to believe that a crime has been committed…the attorney general…may file such testimony, together with his complaint…against the person or persons alleged to have committed the crime…and a warrant shall there upon be issued for the arrest of such person…as in other criminal cases.” (Emphasis added).  (This investigation was initiated pursuant to the Kansas inquisition statutory authority).

 b)     Kansas law requires abortion doctors to report the reason and basis for a late-term abortion to the Kansas Department of Health and Environment.  The statute also states:  KSA 65-445:

“Information obtained by the secretary of health and environment under this section ... may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the...  attorney general pursuant to this subsection shall be used ... for the purpose of a ...criminal proceeding.”  KSA 65-445 (emphasis added)

2)      District Attorney Nola Foulston argued that she could pre-empt action by the Attorney General, that the statute of limitations had run on all of the cases and that there was no ability to appeal Judge Clark’s dismissal actions.  These arguments are so complete and thorough in providing an absolute prohibition of pursuing the charges filed that Dr. Tiller’s attorneys adopted the arguments of the Sedgwick County prosecutor in their entirety.  Dr. Tiller’s attorneys expressly stated in court that they fully agree with all of the arguments presented by DA Foulston.

3)      The only two judges who have reviewed any of the evidence presented have found probable cause to believe that crimes have been committed – Shawnee County District Court Judge John Anderson and Sedgwick County District Court Judge Eric Yost.  Judge Yost was asked to review the evidence presented to determine if there was probable cause to believe that Dr. Tiller committed the crimes committed.  Judge Yost found such probable cause and issued a summons for Tiller to appear to answer the charges.  The allegations in the complaint are simply allegations at this stage and Dr. Tiller is presumed innocent by law.

Unfortunately, the above items have and probably will continue to receive little attention by the Kansas media.  

Related

• Dec 27, Lawrence Journal World, Kline appoints special prosecutor in abortion case
• Dec 27, News Hounds (liberal blog):  O'Reilly Ignoring Two Court Rulings Continues Attacking Kansas Doctor
• Dec 27, Kansas City Star's KC Buzz Blog:  Kline: Let a special prosecutor do it
• Dec 27, Wichita Eagle (WE) Blog:  Who is Phill Kline trying to fool?
• Dec 27, Wichita Eagle, Judge refuses to reinstate charges against Tiller
• Dec 27, Christian News Wire, Abortionist Neuhaus Will Testify Against Tiller if Case is Reinstated
• Dec 27, Christian News Wire, Tiller's Case Remains Dismissed - AG Reserves Right to Appeal
• Dec 27, Kansas City Star (won journalism awards from Planned Parenthood earlier this year), Kline’s reckless pursuit of abortion clinics
• Dec 28, Salina Journal Blog (KSMeadowlark):  The 30 Charges Against Tiller Ignored by District Attorney Nola Foulston in Wichita 
• Dec 29, Wichita Eagle (WE) Blog:  Flashback 1991:  "Nola Foulston should recuse herself from any investigation concerning George Tiller, as the Tillers contributed to her election campaign"

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