The antiabortion group Operation Rescue on Thursday said Waller could have conflicts of interest related to the case and cited support he had received in past campaigns from attorneys linked to Tiller, the AP/Topeka Capital-Journal reports. Don Monnat, one of Tiller's attorneys, contributed $500 in August 1998, the maximum allowed. Lee Thompson, who also serves as one of Tiller's attorneys, and Monnat were listed in an October 1998 newspaper as endorsing Waller's re-election. Monnat's law firm also contributed $275 to Waller's 2006 campaign (Hanna, AP/Topeka Capital Journal, 8/10).
According to the AP/Globe,Powell voted regularly for restrictions on abortion laws, including a 1998 law restricting late-term abortions. Powell in 1998 said Tiller was "defying legal and moral authority" by performing late-term abortions. Waller said that he did not know about Powell's past legislative activities, adding that he selected him because he was "the most available" for a hearing. Powell on Friday during a hearing for the case said his judgment would not be affected. He also asked attorneys if they objected to his appointment. Thompson said, "We trust the court's judgment in that regard" (AP/Joplin Globe, 8/10).
Case History
Former state Attorney General Phill Kline (R) in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health in Overland Park, Kan., and Women's Health Care Services in Wichita, Kan., which is owned by Tiller. Kline charged Tiller with 30 misdemeanors for allegedly performing 15 illegal late-term abortions in 2003 on women and girls ages 10 to 22 without properly reporting the details to the state. Kline hired attorney Don McKinney as special prosecutor in the case. State Attorney General Paul Morrison (D) -- who defeated Kline in the November 2006 election -- fired McKinney in January, and Morrison spokesperson Ashley Anstaett earlier this year said that 15 of the 30 charges Kline filed against Tiller were based on incomplete and substandard information.
However, Morrison in June filed charges alleging that before performing 19 late-term abortions in 2003, Tiller received a second opinion from physician Ann Kristin Neuhaus, who Morrison said had financial ties with Tiller. The 1998 Kansas law says that before an abortion of a fetus of 21 weeks' gestation or more, two physicians must determine if continuation of a pregnancy will lead to death or "substantial and irreversible" harm to a "major bodily function." The consulting physician agreeing on the necessity of a late-term abortion cannot have legal or financial ties to the abortion provider.
If convicted, Tiller could face up to one year in jail and a $2,500 fine for each of the 19 misdemeanor charges. The Kansas State Board of Healing Arts also could consider revoking Tiller's physician license if he is convicted.
Tillers' attorneys have entered a not guilty plea to the misdemeanor charges and filed a motion to dismiss the charges. In the motion, his attorneys argued that the provision requiring two or more doctors to sign off on late-term abortions is unconstitutional because it is vague, it violates a woman's right to obtain an abortion as outlined in previous court decisions, and it places an undue burden on a physician's right to practice medicine (Kaiser Daily Women's Health Policy Report, 8/7).
Court Hearing
During Friday's court hearing, the attorney general's office said the two-doctor requirement is a reasonable restriction, the AP/Globe reports (AP/Joplin Globe, 8/10). "You want a second opinion completely away from the doctor performing the abortion," Jared Maag, the attorney general's deputy solicitor general, said, adding, "It's not hard to see where the Legislature is coming from."
Morrison's office on Friday also alleged Neuhaus worked out of Tiller's clinic and that consultations were a majority of her practice, the AP/nbcactionnews reports. Attorneys for both Tiller and Neuhaus said there were not financial affiliations between the two physicians because patients paid Neuhaus, and the two doctors had separate bank accounts, according to the AP/nbcactionnews. Neuhaus' attorney Jack Focht said that just because a doctor voluntarily limits his or her practice, "That doesn't make one dependent" (Hanna, AP/nbcactionnews, 8/10).
Powell said that he would give the groups until Aug. 31 to file "friend of the court" arguments and that he likely would hold a second hearing before ruling on the law's constitutionality. Depending on Powell's ruling on the dismissal motion, a trial could proceed or be delayed until appeals of such a ruling are resolved, the AP/Globe reports (AP/Joplin Globe, 8/10).
Comments
Peter Brownlie -- CEO of Planned Parenthood of Kansas and Mid-Missouri, which operates Comprehensive Health -- said, "Somebody who was a sponsor or major backer of a law being challenged shouldn't be hearing the challenge." Troy Newman, Operation Rescue's president, said, "It's about time things start leaning toward the side of life" (AP/Joplin Globe [1], 8/10). However, Newman added that he is "not certain that the attorney general is doing everything within his power to prosecute the case. I think these are the weakest charges that could have been brought." Morrison spokesperson Frances Gorman said, "We take every case we handle very seriously," adding, "The findings of our investigation represent the full enforcement of the law" (Hanna, AP/Joplin Globe, 8/13).
"Reprinted with permission from kaisernetwork. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at kaisernetwork/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
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