A partial ruling in Phill Kline's case against Dr. George Tiller

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A partial ruling in Phill Kline's case against Dr. George Tiller

By Anthony Powell

TOPEKA, Kansas, June 27, 2007 - Wichita abortion provider, Dr. George Tiller, is closer to being off the hook.  On Wednesday, Kansas Attorney General Paul Morrison partially deflated the hopes of abortion opponents by saying that at least half of a case filed against Tiller, by former Attorney General Phill Kline, is flawed.

"The first thing we noticed about the charges filed by Kline were the glaring errors in the affidavit," Ashley Anstaett, Morrison's spokesperson, said.

The issue stems from abortions done at Tiller's clinic in 2003.  Late last year, before leaving office in Topeka, Kline came to Wichita to charge Tiller for failing to report late term procedures as required by law.

Sedgwick County District Attorney Nola Foulston argued that Kline had no jurisdiction in her county, and a judge agreed, dismissing the case.

Paul Morrison then said he'd look at the matter, which leads us to the ruling handed down Wednesday morning.

"Kline's irresponsible and careless treatment of the records inhibited our investigation from day one," Anstaett said.

"An independent, objective investigation has been conducted by a professional prosecutor," Dan Monnat, Tiller's attorney said.  "We're confident that when the investigation has been completed, the result will be, as we've said all along, that Dr. Tiller is innocent of any wrongdoing whatsoever."

"It sounds like the defense firm of Tiller, Monnat and Morrison has been at work," Kline told the Associated Press after Wednesday's ruling.

Before this investigation is completed, Morrison must also rule on fifteen other charges filed by Kline on whether or not Tiller actually performed illegal late-term abortions.  That ruling is expected later this week.

"Most people are concerned about illegal late-terms abortions, not the illegal reporting of late-term abortions," David Gittrich, Kansans for Life, said.  He is not overly confident that Morrison will find that Tiller actually performed illegal late-term abortions.

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