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 ...
"Those who would deny others the freedom to live their lives must not have enough to do in their own."
Then why don't you stop denying others their lives (babies) and get on with your own?
"The incoming attorney general, Democrat Paul Morrison, has criticized Kline for seeking the records, describing it as an invasion of the patients' privacy, but he wouldn't say if he would drop any investigation Kline started against the clinics ( from the article)"
The person who wrote this article is wrong. Morrison specifically campaigned in the last days before the election saying he would prevent those records that were subpeonaed from ever being used.
The records that were collected were the evidence that was needed to prove statutory rape had happened in a majority of the cases.
"But it doesn't seem to be the main focus of the investigation in the article..."
You are correct about this article, but I live here and all the news I have heard indicates the focus of the records was on pregnant underaged girls and working to identify statutory rape.
I found, elsewhere in this article where the author was flat wrong.
From the description of the article, that's not the issue at hand.
"From the description of the article, that's not the issue at hand."
This article is so far from what has been reported all along that I can find no credibility in it.
This has been reported for months that Kline was working to find out if statutory rape was being covered up by way of abortion. 90 records were subpeonaed (a judge signed off on collecting them). All the records were looking into cases brought to Kline regarding minor girls having abortions.
Most of the judiciary has lined up in support of the abortion right. I gather this is because the elites of our society want it. Al conservative judges can do is to whittle it away. The only way the people can control this is through continued pressure on the system. More and more the analogy of slavery seems to fit. If a system benfits the powerful, then the democracy can only protest until the powerful perceive it is not worth defending.
Here is what one of the local channels reported today.
http://www.kake.com/home/headlines/4985991.html
Judge Drops Charges Against Doctor
Raw Video - Tiller Attorneys News Conference
AG Kline Charges Wichita Doctor
Reporter: KAKE News
Email: news@kake.com
December 22 - Less than one day after Attorney General Phill Kline filed misdemeanor charges against Dr. George Tiller, a Sedgwick County judge dismissed the charges. The move came after after District Attorney Nola Foulston filed a motion to dismiss based on the fact that her office had not been consulted by Kline.
On Friday afternoon, Kline disputed that claim. He said they met in her
office yesterday afternoon and she did not object to what he
planned to do.
Kline has been looking into records of adult women who may have received late term abortions at Dr. Tiller's clinic.
KAKE News was the first to report the story on Thursday, when Kline made a special trip to Wichita on to file charges in Sedgwick County court against Dr. George Tiller.
Kline has been looking into records for evidence of possible cases of child rape, which would have occured if Tiller failed to report abortions among minors, and potential illegal late-term abortions. In a news conference Friday afternoon, Kline said he plans to ask the judge to reconsider. He said his office is pursuing a legal remedy for what he calls a "flawed decision."
Dr. Tiller's attorneys, Dan Monnat and Lee Thompson, held a news conference Friday morning. Monnat called the charges by Kline "the last gasp of a defeated and discredited politician." He also called the prosecution "spiteful" for coming near Christmas Eve. To view the entire news conference, unedited, follow the video link on this story.
Notice, that while this story also referred to Kline seeking late-term abortions, later it referred to these cases being related to underaged girls and rape.
I have to agree. Bill doesn't always impress me with his attention to detail, but on most of these kinds of cases he's right on the money.
I am simply enraged about this and I hope Bill goes after the judge with a vengeance that never lets up and keeps hammering Tiller until somebody finally nails him.
============
There is no such thing.
===============
The appalling disregard for the constitution is the denial of life, liberty and the pursuit of happines of 50,000,000 murdered persons.
Even if that freedom involves taking the life of another?
I should have used the word "legal," perhaps.
Killer Tiller ping
Not so different as for you to be unaware of my point.
"...serious research into the countless conflicts of interest that Greer had concerning the Schiavo case..." I have no interest in what paranoid Loons consider "serious research" most people consider it worthless.
I know you see nothing wrong with expending hundreds of thousands of dollars on fruitless procedures profitable ONLY to the medical facilities. However, rational people understand that society cannot do it indefinitely.
There is no reason to fear leaving this world for me nor for Terri. Holding up her leaving through torturous and worthless intervention was indeed criminal.
Who would that be?
Nor was my daughter kept in a state worse than death for years. THAT would never happen while I was able to prevent it.
Okay, so you agree with us that George Tiller ought to get an honest job instead of denying additional thousands of kids the freedom to live their lives.
Very good.
These cases were "immediately tossed" by a traffic judge (in the pocket of Tiller) after being signed off on by two senior judges. Read charges for yourself (experienced as you are on Constitutional and one also presumes KS Constitutional issues:
These are just the 30 cases from 2003 on Tiller (who gained his expertise aborting women and girls at the side of his father, who performed illegal, back alley abortions in motels, etc.
COMES NOW the State of Kansas by Phill Kline, Kansas Attorney General, and for Complaint / Information against the above-named Defendant, alleges and states:
COUNT ONE
Unlawful Late Term Abortion
K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about July 22, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 14 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 26 weeks, by failing to 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, to wit: In file #30,.patient ID #072203LN, the defendant wrongfully relied on a diagnosis of Anxiety Disorder NOS or Adjustment Disorder with mixed anxiety and depressed mood, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnoses do not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWO
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after July 22, 2003, in Sedgwick County, State of Kansas, GEORGE R- TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #30, patient ID #072203LN, state record #005956, on a viable fetus having a gestational age of 22 or more weeks, to wit: 29 weeks of age, did report that the fetus was not viable and therefore did not report the actual determination of fetus viability, nor the reasons for such determinations, nor the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility hi which the abortion was performed for inclusion hi the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT THREE
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about July 8, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE .R. TILLER, did, then, and. there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion oil a 10 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 28 weeks, by failing to 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, to wit: In file #31, patient ID #070803GG, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT FOUR
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after July 8, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #31/ patient ID #070803GG, state record #005970, on a viable fetus having a gestational age of 22 or more weeks, to wit: 28 weeks of age, did report that the fetus was not viable and therefore did not report the actual determination of fetus viability, nor the reasons for such determinations, nor the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT FIVE Unlawful Late Term Abortion K.S.A. 65-6703 Class A Non Person Misdemeanor That on or about July 15, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and .there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an -abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 28 weeks, by failing to 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, to wit: In file #32, patient ID #071503LJ, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT SIX
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after July 15, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #32, patient ID #071503JL, state record #005976, on a viable fetus having a gestational age of 22 or more weeks, to wit: 28 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT SEVEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about November 18, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 16-year old pregnant-child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 29 weeks, by failing to 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, to wit: In file #59, patient ID #111803LR, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT EIGHT
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after November 18, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #59, patient ID #111803LR, state record #010373, on a viable fetus having a gestational age of 22 or more weeks, to wit: 29 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT NINE
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about July 30, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 19 year old pregnant woman when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 27 weeks, by failing to 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, to wit: In file #33, patient ID #073003CS, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TEN
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after July 30, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #33, patient ID #073003CS, state record #005988, on a viable fetus having a gestational age of 22 or more weeks, to wit: 27 weeks of age, did report that the fetus was not viable and therefore did not report the actual determination of fetus viability, nor the reasons for such determinations, nor the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT ELEVEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about August 19, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 22 year old pregnant woman when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 31 weeks, by failing to 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, to wit: In file #37, patient ID #081903EW, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWELVE
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after August 19, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #37, patient ID #081903EW, state record #006402, on a viable fetus having a gestational age of 22 or more weeks, to wit: 31 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65- 6703.
COUNT THIRTEEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on, or about August 5, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 26 weeks, by failing to 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, to wit: In file #38, patient ID #080503KC, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A .65-6703.
COUNT FOURTEEN
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after August 5, 2003, in Sedgwick County, State-of-Kansas, GEORGE R. TILLER did then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #38, patient ID #080503KC, state record #006408, on a viable fetus having a gestational age of 22 or more weeks, to wit: 26 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT FIFTEEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about August 5, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R, TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 28 weeks, by failing to 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, to wit: In file #39, patient ID #080503JY, the defendant wrongfully relied on a diagnosis of Acute Stress Disorder, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT SIXTEEN
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and alter August 5, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #39, patient ID #080503JY, state record #006585, on a viable fetus having a gestational age of 22 or more weeks, to wit: 28 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT SEVENTEEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about August 12, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 25 weeks, by failing to 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, to wit: In file #40, patient ID #081203SP, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT EIGHTEEN
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after August 12, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #40, patient ID #081203SP, state record #006591, on a viable fetus having a gestational age of 22 or more weeks, to wit: 25 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT NINETEEN
Unlawful Late Term Abortion K.S.A, 65-6703
Class A Non Person Misdemeanor
That on or about August 19, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 26 weeks, by failing to 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, to wit: In file #41, patient ID #081903AG, the defendant wrongfully relied on a diagnosis of Acute Stress Disorder, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWENTY
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after August 19, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #41, patient ID #081903AG, state record #006598, on a viable fetus having a gestational age of 22 or more weeks, to wit: 26 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT TWENTY ONE
Unlawful Late Term Abortion K.S A. 65-6703
Class A Non Person Misdemeanor
That on or about November 4,2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 25 weeks, by failing to 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, to wit: In file #55, patient ID #1I0403BB, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWENTY TWO
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after November 4, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #55, patient ID #110403BB, state record #010134, on a viable fetus having a gestational age of 22 or more weeks, to wit: 25 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT TWENTY THREE
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about August 26, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 14 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 25 weeks, by failing to 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, to wit: In file #43, patient H) #082603TK, the defendant wrongfully relied on a diagnosis of Acute Stress Disorder, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWENTY FOUR
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after August 26, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion to wit: file #43, patient ID #082603TK, state-record #006604; on a viable fetus having-a: gestational age of 22 or more weeks, to wit: 25 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A, 65-6703.
COUNT TWENTY FIVE
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about September 9,2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R, TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 15 year old pregnant child when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 25 weeks, by failing to 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, to wit:. In file #44, patient ID #090903JC, the defendant wrongfully relied on a diagnosis of Major Depressive Disorder, Single Episode, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnosis does not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of K.S.A. 65-6703.
COUNT TWENTY SIX
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after September 9, 2003, in Sedgwick County., State of Kansas, GEORGE R. TILLER did, then and There, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #44, patient ID #090903JC3 state record #008238, on a viable fetus having a gestational age of 22 or more weeks, to .wit: 25 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of fee pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-.6703.
COUNT TWENTY SEVEN
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about November 4,2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R, TELLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 18 year old pregnant woman when the fetus was viable and had a gestational age of 22 weeks or more, to wit: 25 weeks, by failing to 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, to wit: In file #58, patient ID #110403KH, the defendant wrongfully relied on a diagnosis of Anxiety Disorder NOS or Acute Stress Disorder, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnoses do not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of KSA 65-6703.
COUNT TWENTY EIGHT
Failure to Report Justifications for K.S.A. 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after November 4, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #58, patient ID S110403KH, state record #010150, on a viable fetus having a gestational age of 22 or more weeks, to wit: 25 weeks of age, did fail to report the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
COUNT TWENTY NINE
Unlawful Late Term Abortion K.S.A. 65-6703
Class A Non Person Misdemeanor
That on or about November 4, 2003, in Sedgwick County, State of Kansas, the defendant, GEORGE R. TILLER, did, then and there, contrary to the statutes of the State of Kansas, unlawfully perform or induce or caused to be performed or induced an abortion on a 13 year old pregnant woman when the fetus was viable, and had a gestational age of 22 weeks or more, to wit: 25 weeks; by failing to-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, to wit: In file #53, patient ID #110403TDS, the defendant wrongfully relied on no established diagnosis, to determine that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman when such diagnoses do not establish that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman, in violation of KSA 65-6703.
COUNT THIRTY
Failure to Report Justifications for K.S.A, 65-6703 Late Term Abortion
Class A Non Person Misdemeanor
That on or about and after November 4, 2003, in Sedgwick County, State of Kansas, GEORGE R. TILLER did, then and there, contrary to the statutes of the State of Kansas, unlawfully, after performing or inducing or causing to be performed or induced an abortion, to wit: file #53, patient ID #110403TDS, state record #010117, on a viable fetus having a gestational age of 22 or more weeks, to wit: 25 weeks of age, did report that the fetus was not viable and therefore did not report the actual determination of fetus viability, nor the reasons for such determinations, nor the basis for the determination that the abortion was necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy would cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion was performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto, in violation of K.S.A. 65-6703.
(Phill Kline’s signature)
PHILL KLINE
KANSAS ATTORNEY GENERAL
(Stephen D. Maxwell’s signature)
STEPHEN D. MAXWELL
SENIOR ASSISTANT ATTORNEY GENERAL
STATE OF KANSAS, COUNTY OF SEDGWICK, ss:
I, Phill Kline, do solemnly swear, to the best of my knowledge and belief, that the matters set forth in the Complaint / Information are true, so help me God.
(Phill Kline’s signature)
PHILL KLINE
KANSAS ATTORNEY GENERAL
SUBSCRIBED AND SWORN to before me this 21 of December, 2006.
(Eric Yost’s signature)
Judge of the District Court Div.12
Witnesses
Thomas Williams
Jared Reed
Dr. Ann Kristin Neuhaus (abortionist who took 5th until granted immunity from prosecution - then give testimony against Tiller.)
Steve Cavanaugh
Clerk of the District Court—3rd Judicial District
Dr. Paul McHugh
Dr. Lome Phillips
Lorna Jansen
Gina Bowes
Sealed documents attached in support of Cgmplaintftpformation:
1) Affidavit of Dr. Paul R. McHugh, M.D. Johns Hopkins Medical Center
2) Affidavit of Special Agent In Charge Thomas D, Williams
3) Transcript of sworn statement by Dr. Arm Kristin Neuhaus, M.D. Note: Abortionist who testified against Tiller.
4) Transcript of sworn statement by Dr. Lorne Phillips, KDHE
5) Copies of 15 KDHE report forms
6) Copies of 15 medical files, patient identification redacted
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