In a motion filed Monday, attorneys for a late-term abortionist facing 19 misdemeanor counts in Wichita launched a withering attack on former Attorney General Phill Kline, even though it was Kline’s successor, Paul Morrison, who had filed the charges.

The lengthy motion, filed on behalf of Dr. George Tiller, briefly acknowledged that Kline did not file the charges, but said Kline’s actions while conducting an inquisition of the abortion provider had permanently tainted the case.

Tiller’s lawyers sought either dismissal of the case or suppression of the evidence collected by prosecutors. District Court Judge Clark V. Owens has indicated arguments on the motion will be presented in November.

The motion, which was made available on the website of Tiller’s law firm, claims that Morrison only filed the charges in response to pressure applied by pro-life groups.

The motion further claims that Morrison’s mistress (described as “a Kline-influenced paramour”), who remained with the District Attorney’s Office after Morrison replaced Kline as Attorney General, also had encouraged Morrison to file charges. The claim was based on a newspaper article in the Topeka Capital-Journal.

Troy Newman, president of Operation Rescue, said he would like to believe Morrison caved in under pressure from various pro-life groups, but admitted that notion was somewhat unlikely, given the substantial donations made by Tiller and his PAC. The donations helped get Morrison elected as Attorney General.

Tiller is charged with performing late-term abortions on girls as young as 10 without obtaining the signature of a doctor unaffiliated with Tiller’s Wichita abortion clinic.

State law requires that before performing a late-term procedure, an abortionist must find a second, unaffiliated doctor to concur that the abortion is medically necessary. The criminal complaint contends that Tiller consulted a second doctor – Kristin Neuhaus – with whom he was financially affiliated. Neuhaus also performs abortions.

“The issue in the case is simple: Did Tiller have a financial relationship with Neuhaus or didn’t he?" Newman said. "All the rest of this stuff is just blame-shifting by Tiller – 'it’s all Phill Kline’s fault.'”

The 154 page motion includes a table of contents with chapter headings that read like tabloid headlines: "Kline’s Holy Grail: Patient Records"; "Kline is out but can’t let go of Dr. Tiller (or his files)"; and "Kline continues to prejudice Dr. Tiller’s jury pool and thumb his nose at the courts". 

Newman said the titles  might have been lifted from the National Enquirer. “It just fills me with glee when I think how much Tiller had to spend to get this thing prepared,” he said.

According to the motion, “This prosecution is the product of an obsessed AG’s lies, half-truths and material omissions. His assistants and agents directed these prevarications to other state offices, the public, and the courts. This prosecution and the evidence on which it depends have been irreparably tainted as a result of Kline’s office’s misconduct. The only meaningful remedy is to dismiss the charges or suppress the evidence.”

On Monday, in response to a request for comment, Kline expressed a concern that the case, which has already been delayed many times at Tiller's request, might be "side tracked" yet again.

In a statement, Kline told KansasLiberty.com, “Every judge who has viewed the evidence has found probably cause to believe that Mr. Tiller has committed crimes and all this demonstrates is that Mr. Tiller and his attorneys continue to believe that he is above the law. The only questions remaining are whether this court as some others have done will improperly delay or side track legitimate prosecution and also whether the Attorney General will begin to perform his duty and seek additional information from Mr. Tiller. Patient privacy has never been at risk and the women have never been under investigation.” 

The Week in Review