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Kansas Liberty: 17 June 2008
Court grants Tiller's fourth request for a new trial date.
Late-term abortionist's Wichita trial delayed again
For the fourth time, a Sedgwick County District Court judge has delayed the trial of late-term abortionist Dr. George Tiller.
Judge Clark Owens said last Wednesday that at Tiller's request the trial would be postponed until July 28.
Tiller is charged with performing late-term abortions without obtaining the signature of a doctor unaffiliated with his Wichita abortion clinic. State law requires that an abortionist, prior to performing a late-term abortion, must find a second unaffiliated doctor to concur that the abortion is medically necessary.
The 19 misdemeanor charges were filed in June 2007, when Paul Morrison was still Attorney General. The criminal complaint indicates that, of the 19 charges, 13 were related to late-term abortions performed on girls 16 years of age and younger. In one case, the abortion recipient was 10 years old.
Prior to proceeding with the trial, Judge Owens is expected to rule on two motions filed by attorneys for Tiller. One motion asks that the law requiring a second physician’s signature be declared unconstitutional. The other seeks a trial before a jury of 12, rather than six as is typical in misdemeanor cases.
The motions have been under consideration by Owens for eight months.
Right to Life groups criticized the slow pace of the criminal proceeding.
"We have seen capital murder cases in Kansas, from arrest to sentencing, take place in less time," said Operation Rescue President Troy Newman. "Justice delayed is justice denied. Judge Owens and the Attorney General's office need to get off the dime and get on with the case in the interests of justice."
Tiller was feted by Gov. Kathleen Sebelius at Cedar Crest, the Governor’s Mansion, two years ago while the investigation that resulted in the misdemeanor charges was being conducted. The publication of photos of the event by a pro-life group caused embarrassment to the governor, especially when it emerged that taxpayers had paid for the event. The state was reimbursed shortly after that revelation.
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Morrison settlement benefits Center for Reproductive Rights