Tiller’s motion to dismiss taken under advisement; Ruling expected in “several weeks”
Wichita, KS – Attorney Lee Thompson made oral arguments today before Judge Clark Owens that 19 criminal charges against late-term abortionist George R. Tiller should be dismissed because the Kansas statute is unconstitutional, which requires that two physicians concur that post-viability abortions are medically necessary. Tiller did not appear in his own behalf.
Deputy Attorney General Jerad Maag argued that Thompson’s arguments relied on outdated cases, and that if the statute is ruled unconstitutional it would require an appeal by the state. Maag emphasized that the state has evidence of an illegal relationship between Tiller and abortionist Ann Kristin Neuhaus that was both a legal and financial affiliation prohibited by the Kansas ban on post-viability abortions.
Thompson told the court that it was necessary for security reasons for Neuhaus to see patients at Tiller’s office, citing concerns that the women would otherwise be followed throughout Kansas and photographed by Operation Rescue.
“According to Thompson, now it is Operation Rescue’s fault that Tiller is violating the law. It was a laughable moment for us in some ways, but also an serious one because the comment was a lie meant to needlessly instill fear and justify Tiller’s criminal actions,” said Operation Rescue President Troy Newman.
Tiller’s attorneys also argued that the state mandated jury of six for misdemeanor cases violated the state constitution. Tiller is demanding a jury of twelve.
“If this motion is granted, it would toss out every misdemeanor case over the last 25 years. This is just another example of Tiller demanding special privileges,” said Newman.
Judge Owens stated that he thought that a decision on the motions would take “several weeks,” and that the ruling on both motions would be made at the same time.
A new trial date has been set for March 10, 2008, at 9:00 AM.
