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Posted on 12/22/2006 12:23:03 PM PST by indcons
WICHITA, Kan. — Kansas' attorney general, a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a Sedgwick County judge on Friday threw out the charges after less than a day.
Judge Paul W. Clark dismissed the charges against Tiller after Sedgwick County District Attorney Nola Foulston said her office had not been consulted by Kline.
Clark signed his one-page order only hours after Kline's complaint against Tiller was unsealed.
Attorney General Phill Kline's office did not immediately return calls seeking comment. Kline lost his re-election bid in November and leaves office in three weeks.
Most of the 30 misdemeanor counts Kline filed against Dr. George Tiller involve abortions performed on patients 17 or younger, including a 10-year-old, according to the criminal complaint unsealed Friday in Sedgwick County District Court.
Tiller's clinic, known for being one of the few in the country to perform late-term abortions, has been a high-profile target of anti-abortion protesters for decades. The clinic was bombed in 1985, and Tiller was shot in both arms by a protester in 1993.
Kline has been investigating whether Tiller and other abortion providers performed illegal late-term abortions in Kansas or failed to report suspected child abuse as required by law.
He waged a two-year legal battle before finally this year obtaining the records of 90 patients from Tiller's Wichita clinic and a clinic operated in Overland Park by Planned Parenthood of Kansas and Mid-Missouri.
Since the election, abortion rights activists have expected him to move against Tiller and perhaps Planned Parenthood, as well.
(Excerpt) Read more at chron.com ...
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It does sound like an invasion of privacy to grab medical records of private citizens without their consent. It looks like we had a nice crackdown against executive activism here by the judicial branch...interesting.
If a doctor was willing to certify each of the abortions was legit, then that met the law, from my understanding...nothing to base this on. But IANAL.
I expect O'Reilly will have Kline or someone from his office on tonight about this OUTRAGE, and I further expect that noone from DA Foulston's office will be appearing.
PING.
There is a strong suspicion that abortion mills are not reporting evidence of rape and statutory rape. If a 10 yr old show up for an abortion, in almost every state in the union, health personnel are required to contact law enforcement. An ER doc can get criminal charges against him if a child rape victim appears in the ER and he does not report it.
There is no "privacy" in this case. Just a vile, legally protected murderer.
A parting shot on his way out?
Hey, how about Judge George Greer, infamous for his execution order of Terry Schiavo, and George Tiller for the Planned Parenthood Presidential Ticket?
THINK of the possibilities!
'Greer/Tiller - Kill 'em when they're in the womb, or later in their hospital room!'
'Greer/Tiller - 'Death is the Great Equalizer'
'Greer/Tiller - 'One if by Scalpel, Two if by Starvation'
Yes indeedy, 'Greer/Tiller' - it's a *killer* ticket!!!
I hear they're going to pardon Manson too- maybe tiller and manson can room together in some swanky dems district!. http://sacredscoop.com
Kline is an idiot and provides a convenient target with which to tar all pro-life people. His disregard for the Constitution he allegedly serves is appalling (not just here, where he files charges that he had to know would be immediately tossed, but in many other cases). I am glad he has been bounced.
And the soulless citizens who tie themselves into knots defending the indefensible. Some of whom are among us here today.
Good, smart post.
How did Kline disregard the Constitution?
What are the many other cases where he disregarded the Constitution?
To the other posters, it will come as no surprise to you that the judge who threw this out is a Democrat. Tiller funds almost all the liberal causes in this state. If he went down, their funding would go too.
Why do you LIE about Judge Greer following the law after months of legal hearings and thousands of hours of legal involvement? Few cases consumed the resources that the Schindlers imposed of the taxpayers and it STILL isn't enough to stop the slanders of fanatics.
You will likely be attacked by the fanatics as "Pro-death".
The Kline story and Terri Schiavo are two completely separate issues.
This judge can sleep well knowing he just enabled this horrific doctor to continue to murder babies for money.
I would ask, "What is it with Kansas that the people allow this to go on unchecked?!" I would ask that EXCEPT that it appears there are plenty of people on FreeRepublic who take Killer Tiller's side too.
BUMP!!!
Scary isn't it?
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