WICHITA, Kansas, September 12, 2007  --  A federal grand jury investigation into Wichita abortion provider George Tiller will move forward. A federal judge has refused to block the case.

Last week, Kansans for Life delivered more than 7500 signatures, asking for an investigation into whether Dr. Tiller broke state law on late-term abortions.

Tiller's attorney's asked a federal judge to block the investigation, saying it was harassment, but the judge ruled it's a matter for the state.

Dr. Tiller has been investigated by a grand jury before, still the grand jury process is relatively rare in Sedgwick County court.

A grand jury is summoned if a petition is presented containing 100 signatures plus 2% of the total number of votes cast for governor in the last election.  In Sedgwick County that's 2449 signatures.

A grand jury of 15 jurors is then chosen from the county jury pool.  They have the power to investigate and subpoena information and will serve until they have completed their investigation, although, no longer than three months without an order from the district court.

Kansans for Life says the Tiller investigation could take several months.

"Particularly since we're asking for materials from 2003, 4, 6 and 7, Five years worth of abortion materials, if the grand jury goes for it, it will take a while to gather that information," David Gittrich of Kansans for Life said.

In the Tiller case, Kansans for life is also asking for a special prosecutor to work with the grand jury saying the Sedgwick County district attorney's office or the Kansas attorney general's office should not be associated with the investigation.

"Kansans for Life believes that neither of these offices is capable of providing an unbiased investigation," Gittrich said.

After the investigation is complete, the grand jury's deliberations are done in secret.  Twelve jurors must agree to file the indictment.

A grand jury has investigated Tiller before.  Last year another anti-abortion group, Operation Rescue, forced an investigation into a 19 year-old's death.

And for that reason, Tiller's attorney's say this is not the legal system at work, but simply harrassment.

"To convene yet another grand jury for the purposes of a political prosecution rather than a professional prosecution is an abuse of the justice system and a waste of taxpayer’s money," Dan Monnat argued.

Monnat says he will now take that argument to a state judge, in an attempt to stop the grand jury from convening.