June 28, 2007 -- Attorney General Paul Morrison announced today the completion of his review of former Attorney General Phill Kline’s 30 misdemeanor charges against Dr. George Tiller. The review resulted in Morrison rejecting all 30 of Kline’s charges and filing 19 new misdemeanor violations against Dr. Tiller.
“During our review of Kline’s charges, we found that Kline was absolutely wrong on all 30 of his charges. He was zero for 30,” Morrison said. “Not only was his understanding of Kansas’ law incorrect, it was based on his personal political beliefs and not the law as it was written.”
The Kansas late-term abortion statute, K.S.A. 65-6703, states that the doctor performing the abortion must have “a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that: (1) the abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman."
“The original charges filed in December were incorrect and based on a political agenda, not Kansas law,” Morrison said. “However, during our review of Kline’s 30 mistaken charges we found a pattern-a pattern of referrals from one physician.”
Morrison’s charges allege that Dr. Tiller and the referring doctor, Dr. Ann Kristin Neuhaus, were not financially and legally independent as required by Kansas law. This is a technical violation of the Kansas late-term abortion law.
“Due to the serious nature of late-term abortion, the Legislature chose to require that two independent doctors make the determination of “substantial and irreversible” harm before an abortion can be performed,” Morrison said. “And it’s my job to enforce the law.”
These are completely different charges than were filed in December by Kline. Morrison made note that the affidavit filed by Kline contained numerous errors, inaccurate documents and omitted necessary exculpatory evidence.
“It was clear, after looking at his case, Kline’s investigation of Dr. Tiller was not about enforcing the law. It was about pushing a political agenda,” Morrison said. “My investigation was not about politics or pursing a personal agenda. It was simply about enforcing the law of Kansas as it is written and protecting the privacy and security of the medical records.”
These charges are merely allegations and Dr. Tiller will be presumed innocent until proven guilty in a court of law.