Operation Rescue will consider filing an ethics complaint against Morrison if bias continues to show.
Wichita, KS — Judge Tony Powell will announce Friday at 9:30 a.m. whether or not he will recuse himself from the criminal case against abortionist George Tiller. When attorneys for Tiller filed a motion to remove Judge Powell from this emotionally-charged criminal case, Attorney General Paul Morrison told the press that he would not join in Tiller’s motion to replace the former outspoken pro-life legislator that helped craft the law under which Tiller is charged. However, he did not indicate if he would oppose the motion, an action that would be expected from a prosecutor in any other case.
“I’m not sure that Morrison could be more detached or display less enthusiasm about this litigation,” said Operation Rescue President Troy Newman. “So far, he and his staff have turned in a lack-luster performance that makes us wonder if he’s going to intentionally throw the case.”
Now those close to the case say Morrison has stated that he will not appeal an adverse ruling on the constitutionality of the Kansas ban on post-viability abortions.
However, Kansas law is clear that it is the duty of the Attorney General to aggressively defend the laws of Kansas. In fact, Morrison’s predecessor, Phill Kline, successfully defended challenges to other Kansas laws all the way to the U.S. Supreme Court.
“This is an important point to watch in the event that a District Judge rules that the second signature requirement in the late-term abortion law is unconstitutional,” said Newman. “If Morrison says he cannot appeal, he will not be telling the truth.”
On the other hand, if Tiller’s challenge to the constitutionality of the abortion law fails, the case would normally proceed to trial without delay. Tiller’s right to appeal the constitutionality ruling would remain intact on any conviction that may result.
“This is another important point to watch for,” said Newman. “If Morrison allows a Tiller appeal to delay the trial, that would be an indication that Morrison is not properly prosecuting the case.”
“We are watching very closely, and will not hesitate to file an ethics complaint if we think for a moment that Morrison has not provided the best prosecution possible.”
Pro-life supporters have expressed concern about the quality of Morrison’s prosecution of Tiller, who helped finance a million-dollar phone call and mailing campaign that benefited Morrison during the election. Morrison repeatedly stated during his election campaign that any investigation into abortion clinics was a waste of resources. He wrongly told the public that investigations into criminal activity by the abortion industry threatened the privacy of women, even though medical records examined during the previous administration’s investigation contained no information about the patients’ identities.
“What is really needed is a special prosecutor,” said Newman. “Morrison’s claims that he is unbiased ring very hollow when you look at his campaign statements, his links to Tiller’s abortion money, and his bizarre interpretation of the law.”
Wednesday, Morrison told the Associated Press that once two doctors reach their conclusion, they have complied with Kansas law however questionable their justifications for the abortions are.
K.S.A 65-6703(a) states, “No person shall perform or induce an abortion when the fetus is viable unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.” (Emphasis added.)
“The law is very clear that two conditions must be met before a late-term abortion is allowed under the law,” said Newman. “Two doctors agreeing to the abortion must not be legally or financially affiliated and the two must come to the same determination that the consequence to the pregnant woman’s health must be ‘substantial and irreversible’ if the pregnancy is continued.”
“I can’t believe that Morrison is so completely lacking in reading comprehension skills as to believe the law actually allows for abortions for women simply because they don’t want to miss a rock concert. That’s not what ‘substantial and irreversible impairment’ means. Post-viability abortions for trivial reasons or for birth control are total violations of this law. Someone with a fourth grade reading level could understand that.”
Operation Rescue has complained that the more serious charges of trivial late-term abortions were not refiled by Morrison, allowing the blatantly illegal abortions to continue.
“The law was enacted to protect viable babies, but Morrison just can’t bring himself to enforce that part of the law. Could it be that he cannot act with professionalism in this matter because his professional judgment is compromised by his radical pro-abortion beliefs?” asked Newman.
Morrison’s half-hearted prosecution stands in stark contrast to the aggressiveness of Tiller’s defense team.
“Tiller had eight years to challenge the constitutionality of the Kansas ban on post-viability abortions, especially if he thought it was so unclear or vague that he could not understand it. But he did not,” said Newman. “It is obvious that Tiller’s legal challenge to the late term abortion law has little hope of succeeding, but it shows that his legal team is exploiting every possibility to make sure their client never has to darken the doorway of a courtroom.”
While Tiller’s attorneys go judge shopping, Newman wishes he could shop for a new prosecutor.
“We simply are asking for a prosecutor who will aggressively prosecute and a judge who will rule with impartiality,” said Newman. “It really shouldn’t be this hard.”
