Attorneys for Kansas abortion provider George Tiller on Friday in Sedgwick County District Court entered a not guilty plea to 19 misdemeanor charges filed by Attorney General Paul Morrison (D) alleging Tiller violated a Kansas law that requires an independent, consulting physician to approve some late-term abortions, the AP/Forbes reports (Hegeman, AP/Forbes, 8/3). Lee Thompson, one of Tiller’s attorneys, in a statement said, “The law permits first appearance in misdemeanor cases to be made by counsel, and that has been done,” adding, “A plea of not guilty has been entered” (Kansas City Star, 8/3).
Former state Attorney General Phill Kline (R) in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health in Overland Park, Kan., and Women’s Health Care Services in Wichita, Kan., which is owned by Tiller. Kline charged Tiller with 30 misdemeanors for allegedly performing 15 illegal late-term abortions in 2003 on women and girls ages 10 to 22 without properly reporting the details to the state. Kline hired attorney Don McKinney as special prosecutor in the case. Morrison — who defeated Kline in the November 2006 election — fired McKinney in January, and Morrison spokesperson Ashley Anstaett earlier this year said that 15 of the 30 charges Kline filed against Tiller were based on incomplete and substandard information.
However, Morrison in June filed charges alleging that before performing 19 late-term abortions in 2003, Tiller received a second opinion from physician Ann Kristin Neuhaus, who Morrison said had financial ties with Tiller. A 1998 Kansas law says that before an abortion of a fetus of 21 weeks’ gestation or more, two physicians must determine if continuation of a pregnancy will lead to death or “substantial and irreversible” harm to a “major bodily function.” The consulting physician agreeing on the necessity of a late-term abortion cannot have legal or financial ties to the abortion provider.
Tillers’ attorneys filed a motion last month to dismiss the charges. In the motion, his attorneys argued that the provision of the law requiring two or more doctors to sign off on late-term abortions is unconstitutional. The motion filed by Tiller’s attorneys stated that the requirement is unconstitutional because it is vague, it violates a woman’s right to obtain an abortion as outlined in previous court decisions and it places an undue burden on a physician’s right to practice medicine. “There is absolutely no guidance in the state as to what activities constitute legal or financial affiliation — or how a physician might avoid some prosecutor making such a filing,” the attorneys wrote. The attorneys also argued a provision in the law requiring the second opinion to come from a doctor licensed in Kansas increases possible dangerous delays and could illegally infringe on a woman’s right to travel between states for medical treatment (Kaiser Daily Women’s Health Policy Report, 7/3).
Tiller on Friday turned himself in to the Sedgwick County Sheriff’s Office for processing on misdemeanor charges and was released on his own recognizance, the Star reports. Tiller’s first court appearance was scheduled for Tuesday, but the unannounced move permitted his attorneys to enter a not guilty plea on all counts on Tiller’s behalf, the Star reports. Thompson said the next hearing, which is scheduled for August 10, will examine Tiller’s motion to dismiss the charges. Tiller’s clinic closed this week. His attorneys Dan Monnat and Thompson said the closure is because of “increased protests and acts of vandalism” (Kansas City Star, 8/3). If convicted, Tiller could face up to one year in jail and a $2,500 fine for each charge. The Kansas State Board of Healing Arts also could consider revoking Tiller’s license to practice if he is convicted (Kaiser Daily Women’s Health Policy Report, 7/3).
Reprinted with kind permission from kaisernetwork. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at kaisernetwork/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork, a free service of The Henry J. Kaiser Family Foundation. © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.