The defense rested Thursday in the trial of Wichita abortionist Dr. George Tiller, who faces 19 misdemeanor charges of performing late-term abortions after obtaining the second opinion of a doctor with whom he had an improper legal or financial affiliation.

Closing arguments and jury deliberations are set to begin Friday.

The brief court session included the conclusion of testimony by Rachael Pirner, an attorney who had advised Tiller about the state’s changing abortion regulations in the late 1990s, and short legal arguments about a motion to dismiss charges and what instructions the jury should be given.

Defense attorney Dan Monnat also asked for the dismissal of a juror who had slept through much of the proceedings, but Sedgwick County District Court Judge Clark Owens agreed with prosecuting attorney Barry Disney that because the juror had already been designated as an alternate, it would be best to excuse him after deliberations begin.

Owens once again rejected  the defense’s repeated argument that the statute Tiller is accused of violating is unconstitutionally vague, but it was unclear what instructions the jury would be given about what does constitute a “legal or financial affiliation.”

Speaking from the bench, Owens indicated that, based on the testimony presented, he found no evidence of a legal affiliation. He said it would be left to the jury to decide whether Tiller’s arrangement with Dr. Kristin Neuhaus, who provided the second opinion for each of the 19 late-term abortions in question, - and was the state’s only witness in the trial - should be construed as a financial affiliation.

Although she had been granted immunity, Neuhaus was a "hostile" witness, Owens decided earlier. That status was not disclosed to the jury.

The defense case wasn't helped by the defendant who occasionally misspoke himself. For example, Disney reminded the court that Tiller had said, "I would think if one is going to join your organization, it would take more than one phone call." At another time, he made reference to Neuhaus working for his clinic, before correcting himself.

In Pirner’s testimony, she spoke of how she had sought a definition from both the state Board of Healing Arts and then-Attorney General Carla Stovall, but she claimed she was unable to obtain a response.

In a brief cross-examination, Disney questioned Pirner about her advice to Tiller after Board of Healing Arts Executive Director Larry Buening allegedly told Tiller that using Neuhaus for the second opinions would be acceptable. Tiller testified that Buening had also said he would deny the conversation ever took place, and Disney asked Pirner if she would advise a client to rely on advice that was followed by such a disclaimer.

“Yes, in this situation,” Pirner said, explaining that she would do so because of Buening’s previous relationship with Tiller. She also noted that after the conversation, the board stopped issuing subpoenas regarding second opinions for late-term abortions.

Additional legal arguments about the jury instructions were heard in the judge’s chambers.

- Bud Norman

The Week in Review