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Kansas Liberty: 12 May 2008
Case to continue, but judge to determine which records can be subpoenaed
Supreme Court OKs Tiller grand jury investigation
The Kansas Supreme Court ruled Tuesday that a grand jury in Wichita could continue its investigation of late-term abortionist George Tiller, but the high court limited the grand jury’s power to subpoena patient records.
Precisely what records the grand jury might be able to obtain was left up to a Sedgwick County district court judge, Paul Buchanan. Buchanan met Thursday with attorneys representing the grand jury and Tiller’s abortion clinic.
Buchanan has not indicated when a ruling might be forthcoming. The grand jury must conclude its investigation by July 8.
In January 2008, the Wichita grand jury subpoenaed 2,000 records from Tiller’s clinic. But an assistant Sedgwick County district attorney who is advising the grand jury indicated to Buchanan that the request for records had been pared to a sampling of 50 records covering the past five years.
A pro-life group, Operation Rescue, is urging the judge to act quickly to allow the grand jury to complete its work before it is disbanded in July.
In a statement, Operation Rescue President Troy Newman said the group was pleased with the Supreme Court ruling that allowed the grand jury to continue its investigation, and urged Buchanan to require that subpoenaed records be handed over.
“The grand jury must be given access to the evidence they require,” Newman said.
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