http://www.breitbart.com/article.php?id=D8Q20OUO0&show_article=1
Attorney
General Paul Morrison
filed 19 misdemeanor counts alleging that Dr. George Tiller, one of the few
U.S. physicians performing late-term abortions, got second opinions from a
doctor who was not financially and legally independent from him, as the law
requires. Morrison's predecessor, Phill
Kline, had unsuccessfully prosecuted the same doctor for different
reasons. At a news conference Thursday, Morrison described the allegations as
a "technical violation" of a 1998 law restricting late-term procedures. "And
it's my job to enforce the law," he said. Kline filed 30 misdemeanor counts
against Tiller in December, after Morrison defeated him but before he left
office. He alleged that Tiller performed 15 illegal late-term abortions in
2003 on patients ages 10 to 22. A judge quickly threw out those charges over
jurisdictional issues, but Morrison launched his own review after taking
office in January. Kline and other abortion opponents had predicted that
Morrison wouldn't prosecute Tiller, given that Tiller helped finance tens of
thousands of dollars'
worth of anti-Kline advertising last year. On Wednesday, a spokeswoman for
Morrison said he would not pursue 15 reporting-related charges Kline had
filed. Morrison, who supports abortion rights, said Thursday that Kline's
charges were "incorrect and based on a political agenda" and insisted that his
own case "was not about politics or pursuing a personal agenda." "During our
review of Kline's 30 mistaken charges, we found a pattern—a pattern of
referrals from one physician," he said. The abortions in question involved
cases in which patients were more than 21 weeks pregnant and the fetuses were
able to survive outside the womb. Under such circumstances, Kansas law
requires two independent doctors to conclude that if the pregnancy continues,
a mother-to-be will face death or "substantial and irreversible" harm to "a
major bodily function," which has been interpreted to include mental health.
According to Morrison, Tiller listed the second doctor as Ann Kristin Neuhaus.
Morrison said they had a financial relationship but did not elaborate. Contact
information for Neuhaus was not immediately available. If convicted, Tiller
could be sentenced to up to a year in jail and a $2,500 fine on each charge,
Morrison said. Tiller's attorneys, Lee
Thompson and Dan Monnat, issued a written statement declaring their
client's innocence. "Today's announcement simply involves a difference of
opinion between lawyers regarding unusual technicalities in Kansas abortion
law procedure," the statement said. Kline said he wouldn't comment until he
reviewed what Morrison said Thursday. Kline fought a high-profile, two-year
battle to get the records of patients from two clinics that perform abortions,
including Tiller's, saying he was trying to prosecute rapists, sex offenders
and doctors who were involved in illegal
abortions or failed to report sexual
abuse. Abortion-rights supporters complaints that Kline was invading
patients' privacy grew stronger days before the election, when Fox News host
Bill O'Reilly described parts of the medical records on his show. Kline was
interviewed by O'Reilly during the segment, but a Kline spokeswoman denied
that he was the one who leaked the documents.