The first day of a pretrial hearing in the case of late-term abortion-clinic operator George Tiller got underway today in Wichita.

Tiller was in the courtroom - wearing a button reading "Attitude is everything" - but the real focus of the case seemed to be on former Kansas Attorney Generals Phill Kline and Paul Morrison.  

Tiller has been charged with 19-counts of allegedly performing illegal late-term abortions. The law outlaws late-term abortions unless a second, independent Kansas doctor agrees the procedure is necessary.

The state charges Tiller failed to do this, using instead an abortion doctor with whom he had a business relationship.

The case originated when then-Attorney General Phill Kline obtained medical records from Tiller’s abortion clinic.  The records had been redacted under the supervision of a district court to protect patient identities.

When Morrison defeated Kline, the charges were dropped. But the case was reopened in June 2007 when Morrison then charged Tiller with breaking a Kansas law that requires that a second opinion be obtained before most late-abortion can be performed. 

Tiller’s attorneys are attempting to get the charges against Tiller dropped by claiming the evidence was unlawfully collected.  Morrison, who resigned after his affair with a co-worker was made public, is being accused of being pressured into prosecuting Tiller by his mistress.   

Cheryl Sullenger, spokesperson for the pro-life group Operation Rescue, said she attended "every drawn out minute" of the trial, which focused on the defense questioning Kline, and said she felt that Tiller’s attorneys dealt Kline low blows all day.  

“They are trying to kill a fly with a sledgehammer and they are missing,” Sullenger told Kansas Liberty. “They were accusing him of being a liar and of trying to hide things but Phill Kline has done an amazingly good job and has not been falling for their tricks.” 

Sullenger said heated exchanges between Tiller’s attorney Dan Monnat and Assistant Attorney General Barry Disney also added to the hearing’s tension.  

“Mr. Monnat and Mr. Disney were not being very friendly with each other at the hearing because Monnat was just wasting the court’s time,” Sullenger said. “Monnat’s questioning was just so tedious.” 

Tiller made his appearance at the hearing wearing a button reading, “Attitude is Everything.” 

"Tiller's 'I'm above the law' attitude was on full display today - and not just on his jacket,” said Kansans for Life executive director Mary Kay Culp in a press release.

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