The state rested its case against Wichita abortionist Dr. George Tiller today, shortly after the end of testimony by its only witness.

Tiller is charged with 19 misdemeanor counts of performing late-term abortions after obtaining a second opinion from Dr. Kristin Neuhaus, with the state claiming she had an improper legal or financial affiliation with Tiller, a violation of state law.

Neuhaus reluctantly testified on Monday, during a frequently contentious examination by prosecutor Barry Disney, that the patients were referred to her by Tiller for her opinion and that she would meet with them at Tiller’s Wichita clinic.

During a noticeably friendlier cross-examination by defense attorney Dan Monnat, which continued Tuesday, she said that she did not believe the arrangement constituted an illegal or financial affiliation.

On the second day of Monnat's cross-examination of Neuhaus, he elicited testimony about the death threats and other forms of harassment that abortion doctors have received in the state in an attempt to explain why out-of-state and foreign patients weren’t told by Tiller to seek a second opinion from a Kansas physician on their own.

He also asked Neuhaus to explain discrepancies between her testimony in court and the accounts she gave to state attorneys in a deposition taken while Phill Kline was Kansas attorney general. Neuhaus said that even though she had immunity from prosecution, she had been intimidated by the questioning and characterizing the investigation as “the Spanish inquisition minus the torture chamber.” Attorney General Stephen Six also granted her immunity in exchange for her testimony.

Neuhaus also said she had misspoken during a 2006 deposition in which she said she had been a “full-time consultant” for Tiller, a phrase that Disney had emphasized earlier. She also denied that had been directed by Tiller to make a particular medical judgment.

Monnat also questioned her about her work at a general-practice clinic in rural Kansas, where she would often bring in specialists for consultations, suggesting that such consultations did not constitute a legal or financial arrangement. 

Neuhaus said it was “outrageous” for Disney to call Tiller’s clinic a “one-stop shop” for abortions, a point that Disney started on during his re-examination.

However, asked if everything involved in the process of obtaining an abortion could be done at Tiller’s clinic, Neuhaus said, “Yes.” Disney also questioned Neuhaus about her strong belief in abortion rights and opposition to the law requiring a second opinion prior to late term abortions. Neuhaus responded by saying she considered the case a “political prosecution.”

According to an AP report, Neuhaus said she couldn't recall whether she and Tiller had talked about the fees she would charge, even after she was shown notes Tiller apparently took when he met with her in 1999. Her difficulty remembering events had also marked her testimony the day before.

She also acknowledged having restrictions placed on her medical license.

With Neuhaus’ two days of testimony finally completed, the state rested its case without calling any other witnesses. The defense then moved for a dismissal on the grounds that the state had not proved its case, as well as reiterating an argument that the statute Tiller is charged with violating is unconstitutionally vague.

Such motions are routine and usually argued in a perfunctory manner and quickly overruled, but in this case, the defense attorney, Lee Thompson, gave a long and detailed argument, but Sedgwick County District Court Judge Clark Owens rejected it, saying the best way to address the issues raised by the defense would be in jury instructions.

- Bud Norman

The Week in Review