Operation Rescue activists are still claiming that Sedgwick County District Attorney Nola Foulston is protecting abortion doctor George Tiller (see lame cartoon). They went to Foulston’s office Wednesday to try to persuade her to let outgoing Attorney General Phill Kline prosecute Tiller and left complaining about being “stonewalled.” But if these activists are so convinced that Kline has a good case (and how exactly do they know this?), why don’t they press Kline to give copies of the investigation records to Foulston? She says she has asked for the records in order to evaluate the case but has still not received them.
Posted by Phillip Brownlee
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** Flashback 1991 Wichita Eagle **
FOULSTON FETUS RULING DRAWS PROTEST
Wichita EagleSeptember 13, 1991Author: Stan Finger
“But leaders of the Wichita Rescue Movement said Thursday that the opinion written by Foulston’s office should be voided because of an apparent conflict of interest. They noted that Foulston received a $750 campaign contribution in 1988 from Jeanne Tiller, the wife of George Tiller the physician who has been one of the targets of abortion protesters this summer because he performs abortions in the third trimester of pregnancy.”
“Nola Foulston should recuse herself from any investigation concerning George Tiller, as the Tillers contributed to her election campaign,” said Jennifer Hickerson, a spokeswoman for the Wichita Rescue Movement.”
“Foulston denied any conflict of interest.”
Is there any way we can work a trade with another state? You know, like Philly traded Iverson to Denver or Texas traded A-Rod to New York?
Maybe we can trade Phill Klline to Mississippi for Donald Wildmon.
Or we can trade Klline and Connie Morris to California for Dr. Laura.
How about Klline, Morris and Phred Phelps (and Family) to Florida for Rush Limbaugh? Now that would be a blockbuster trade!
Better yet, straight up, trade Klline to Colorado for Ted Haggard – one pervert for another!
At least Rev. Haggard admits that he is a pervert.
“They noted that Foulston received a $750 campaign contribution in 1988 from Jeanne Tiller, the wife of George Tiller the physician who has been one of the targets of abortion protesters”
Ah Meadowlark, “There’s the rub.”
If Phill Klline has such a good case, why hasn’t he given copies of his investigation records to the Sedgwick County DA for prosecution?
Inquiring minds want to know….
Sure Meadowlurk, I’ll be Kline has never received any campaign donations from people opposed to abortion. In fact Kline received money from members of Operation Rescue as well as Don “the dingo” McKinney, his special-ed prosecutor. What, no mention of corruption about that Meadowlurk? Why am I not surprised.
Hey, No Name, that comment ranks right up there with the creativity behind your nickname.
The last time I checked, abortion was legal in the United States. All you people (losers) who have nothing better to do than protest at Dr. Tiller’s clinic in Wichita are wasting your lives away. Lawmakers don’t care about your protests in Wichita. In fact, they’re glad you idiots are not protesting in Topeka or in Washington, clogging up the streets like the toilet I just flushed.
If you want to make a difference, then protest where lawmakers can see and hear your concerns.
Furthermore, have any of you personally met Dr. Tiller and his family? I have, and I can tell you they are normal people with hopes and dreams just like you. It is not his children’s fault he is doing the job he’s doing. In fact, George would probably tell you he didn’t intend to get into the abortion business. He took over his father’s practice 20 years ago after he died and George figured he’d move to Wichita, finish out his dad’s practice and then open his own family practice. He realized what a service he was providing for young women so he decided to continue his clinic for women. Remember, women will perform abortions on themselves if it becomes an illegal practice, and we’ll find unborn or dead fetuses in trash dumpsters and along roads and ditches just like in the 60s and 70s.
To the protesters: get a life, a hobby or a magazine. Live your own life and quit prying into business you know nothing about.
The troll again makes his/her usual statement amplifying his/her usual degree of intelligence (none), and inability the credit him/herself with same.
What troll?I don’t see nuttin’.It don’t exist.You’re imagining things.
“Maybe Phill doesn’t want to give everything away to a member of Tiller’s legal team.”
Which he would be required to do if there were actually a prosecution.
*shock*
Another abortion thread.
Poe, Being proud of performing abortions in the last trimester of pregnancy and refering to it as a “first class experience” is not “normal”.I read that in the Eagle, look it up.
B-O-R-I-N-GCongrats to GolfNut for his recent award. I am sure you are as honored as I am.
Remember, all trolls are the leftist because I say so!
Fleet,In my acceptance speech, I gave you multiple kudos for your inspirationa and guidance.
You were third on my list of people to thank – right after my mom and dad.
As our reward, let’s play golf, drink until we are shit faced, then just drive around the city and laugh at those people. That is what we right thinking Americans do, right?
Deal. And while we’re at it, let’s brainstorm my new business venture – training illegal aliens how to provide quality medical care to the uninsured.
It’s a gold mine.
We’ll be rich! I mean more rich!BWAAAA HAAAAA HAAAAA
If Phill Kline did share his medical records with Nola Foulston, as he has claimed, then why doesn’t Kline just produce some type of evidence? Such as a certified return receipt if he mailed it to her office?
If I had been Kline and knowing what Foulston would do, I would have made sure I had proof of my mailing her anything. I would make sure that her office would have to sign for anything I sent to them. Where is the proof that Foulston’s office received anything from Kline?
Until then, this is a case of he said, she said.
Kline is a stain. Foulston is good people. Kline goes bye-bye. Foulston stays. Abortion is legal. We all know that Kline’s intent is to parade the abortion process in front of the courts and media irrelevent if he gets a conviction.He thinks that grossing us out that’ll we’ll suddenly see the light and support his intrusionary tactics which would set precedent for all other states to investigate.It is a good try by an whacko but it will go away soon.Morrison should have Kline investigated just for good measure.
Foulston has no interest in getting any case records regarding Tiller. Foulston’s interest in the case is only with people of like minds that agree with her Pro Choice agenda.
Of course, the District Attorney office is supposed to represent all voters, not just the one that stuff’s her pockets with “campaign funds.”
WOW!!! A whole 750 bucks, twenty years ago, I bet that went a long way!!!
Get real people!!!
If Nola has indeed requested the records be shared, and the same have not, my observations:
Either 1) there really is not a case to be filed; or 2) there is a case, but Mr. Kline doesn’t want someone outside the “circle” to reap any political benefit therefrom.
If the Attorney General has shared the records, and no action has been taken, my observations:
Either 1) there is no case to be filed, or 2) there is a case to be filed which has not been, due to other reasons.
Whichever is true, I being the first to admit I don’t know, the whole thing smacks more of political advantage rather than proper law enforcement.
Interesting point StilJM – that same theory goes for Kline, I assume?
Isn’t Kline supposed to represent all voters and not just those that fills his pockets with campaign funds.
I live in the real world and know that campaign funds are reported officially and unofficially. There are favors that are sent other people’s way that never get reported.
There are leeways granted to those who are politically correct enough to not offend their hidden agenda brethren.
It’s not about 750 bucks, it’s about all the other slight of hand payola which could be political power, favortism or social status that is of concern.
You know, stuff that a book keeper can’t log on the books, but show up in the ‘improved lifestyle’ categories of those willing to bow down to the secret contributors.
I’m still wondering how pro-birth nutjob troll manages to post without providing a name.
What’s your secret, troll?
Oops . . . looks like the no-name troll got all his post pulled.
Same with that _ THE EAGLE troll.
Thank you, Moderator, whoever you are.
Phill (the second L is for LOSER) can’t turn over his evidence because then it would prove it was either 1. fraudulant or 2. obtained illegally.
Whine knows this isn’t evidence, but for whipping up the pro-lifers, it’s having its predictable effect.
Hey, anti-abortion advocates, there’s only ONE WAY to stop legal abortion in this country, and that’s to make it illegal.
How’s that working out for you?
The no name trick is not magic CF. All you would have to do is just add spaces to the “name” field.
Yeah Capn. Being on the side of abortion on demand is really something to be proud of. You da man.
Capn….
Actually, there are 2 ways… make it illegal.. or make it unprofitable.
If Tiller were not making big bucks, he and his clinic would go away.
I’m not on the side of abortion.
I’m on the side of women’s rights.And so is a majority of the American people.
If you don’t like it, move to Saudi Arabia. You can get a couple of wives that’ll be completely under your domination.
good point ks-sam. Let’s all support the alternatives to abortion and thus drive him out of business.
What will the Eagle do when they don’t have Kline around anymore? How will they drive their blog hit number ever higher??
Capn..
Are you telling ME to move to Saudi Arabia? How in the world would my work get done here? And 1 wife is plenty, thank you!
This is a tranparent effort by Brownlee to deflect / mis-direct from the real issues and throw more mud at Kline.
hmmmm..
If I were one of the pro-life groups, I would be pushing for state control and non-profit status for the abortion industry.
Kind of like in Utah, where the state (i.e. Mormom Church) owns ALL of the liquor stores!
BTW… don’t feed the Capn troll.
Don’t worry GMC – I’m sure Kline will find a way to keep himself in the news.
“If Nola has indeed requested the records be shared, and the same have not, my observations:
Either 1) there really is not a case to be filed; or 2) there is a case, but Mr. Kline doesn’t want someone outside the “circle” to reap any political benefit therefrom.
If the Attorney General has shared the records, and no action has been taken, my observations:
Either 1) there is no case to be filed, or 2) there is a case to be filed which has not been, due to other reasons.
Whichever is true, I being the first to admit I don’t know, the whole thing smacks more of political advantage rather than proper law enforcement.”—————————————–Posted by: Vaughn Tolle | January 05, 2007 at 10:10 AM
++++++++++++++++++++++++++
Excellent analysis, thank you.
I am curious on why Phillip Brownlee has to site the Topeka Capital Journal and not the Wichita Eagle? Why doesn’t the Wichita Eagle have an article about this in their print and on-line version of their newspaper?
“It’s not about 750 bucks, it’s about all the other slight of hand payola which could be political power, favortism or social status that is of concern.”
Like giving high-paying state jobs to OR people?
Folks,On our daily routine of life we worry about our own money, and how to hang on to it. We fear theft, bankruptcy, loss of income, medical expenses, etc.This is just routing for the average citizen.Money is important to us. Now magnify that intensity by 100. That is how intense the need for money is for a politician. The more intense the need for money the more dirty pool will occur.Get used to it.George Tiller probably spends money at restuarants. Are you going to boycott the restuarants and run around screaming it is not fair, etc.Basically, we have campaign fundraising regulations that are not designed to take sides but rather to promote fair play. Certainly people are going to give money to a candidate who represents their ideals. Who else would we give our money to? The other guy whom we do not like?Give up the whining and accept the system. Literate people whining about $750 bucks is disrespectul to this blog.
Hasn’t Kline already shared medical records with O’riley maybe Nola should go on the factor if she wants to see them.
Kline would have shared the medical records with Rush Limbaugh but for some reasons Rush became a huge advocate for privacy of medical records.
…..can’t turn over his evidence because then it would prove it was either1. fraudulant or2. obtained illegally.
two judges reviewed the evidence…two judges determined probable cause…
people don’t want it to go to court because1. they know the abortions were illegal abortions2. they know the evidence will convict
something is making them afraid to just let it go to court and get it over with.
if the case has no substanceif the AG is an incapable prosecutor
then why fear leting it go to court and letting the court clear tiller and banish kline once and for all….
what are the people afraid of? losing?
Don’t say it is to stop the spending of money…
Tiller, morrison, sebelious and the media have spent far more money trying to prevent this case from going to trial than the AG office has spent investigating the case.
how do you know that angel?
….Hey, anti-abortion advocates, there’s only ONE WAY to stop legal abortion in this country, and that’s to make it illegal.
it is not about abortion.
it is about illegal abortion.if the AG wins this case – it won’t change current LEGAL abortion law.
Repost – for Angel….
If Phill Klline has such a good case, why hasn’t he given copies of his investigation records to the Sedgwick County DA for prosecution?
Inquiring minds want to know….
Wouldn’t it be simple to just allow the process to go through proper channels?
it is TRYing to go through proper chanels..
all the AG needs to file the case is probable cause.
with that there is no need for an invite from a DA or request from GOV.
Sedgwick DA already misrepresented the law once why would the AG believe that this case would be handled competently?
“all the AG needs to file the case is probable cause.”
Well, Judge Paul Clark, one of Sedgwick County’s most respected jurors disagrees.
Kline already had one Judge sign off on the investigation.
FOULston did an end run and found her drinking buddy Judge to put the stops to it.
Wonder what Judge Clark would do if it was a Federal Investigation? Nothing he could do.
Clark did’nt rule on the evidencehe ruled on FOULstons objection.
then on the review – determined that he didn’t have the authority to overrule FOULston.
none of the ruleings from Clark had anything to do with the legitimacy of the charges.
THAT particular issue is not over yet. but the Tiller case is more urgent than the getting tangled up in stall tacticsFoulston and clark will still have to answer for that little stunt.
More urgent? All of the alleged incidents are from 2003 and all are misdemeanors.
It is more likely that this situation is going to result in personal problems for Klline than for Foulston and Clark.
…Sedgwick County’s most respected jurors…
i bet he will soon regret taking the road he took. it isnt the path from your past that is remembered…he will retire soon and be remembered for this stunt for a long time.
Angel, what is the appropriate definition of probable cause at play in this mess, in your opinion?
Second, do you have an opinion as to which statutory provison governing the authority of the Attorney General has precedence, that is, the inquisition statute upon which it appears you are relying, or the general grant of authority contained elsewhere in the Kansas Statutes, and if so, which one has precedence? And, I’m not trying to sandbag here, are there any Kansas Supreme Court decisions on point?
…More urgent? All of the alleged incidents are from 2003 and all are misdemeanors…
yes and since 2003 has faced more road blocks THAT HAVE BEEN OVERCOME – RULED IN FAVOR OF THE AG. since…stall tactics everyone of them – if there was any merit in them, then they would have worked. the AG would have been stoped a long time ago.
Tiller has paid A LOT of money to try to stall out this case. nearly 1/2 million – most likely more.
why so much money for an innocent man to pay?
As I have posted before, if Phill Klline wants to make abortion illegal, he should seek an office where he has an option of introducing a law to make that happen. Until then, he has an obligation to follow the law and not let his personal crusade enter into his decision making process.
it isnt about abortion – you want one – go get one.AS LONG AS IT IS A LEGAL ABORTION.
Kline won’t stop you – he can’tbecause the LAW allows you to get an abortion.
but the LAW also says there are SOME abortions that are ILLEGAL.
Kline is not trying to make abortion illegal – he is trying to stop illegal activity.
…Kansas Supreme Court decisions on point?
does up-holding the law require a supreme court decision?
Vaughn,
Good points but…
Are there other precidents where an AG has sought and got jurisdictional preference in any type of case in Kansas law history?
I’m wiling to bet there are hundreds of examples where the AG went in and did the same thing that Kline did.
The difference here is politics and personal belief. Perhaps it is correct that a County DA can block an AG’s investigation, but for what reasons?
Political?
I don’t think so. That is a huge problem if that is the case.
WELL sweet angel,why don’t harrass tiller’s family, spread all kinds of lies about him,discredit him anyway you can?Oh, you are. Good.If that doesn’t work you can resort to crimes much worse,like bombing and killing.Oh, it’s already been done elsewhere, didn’t change nothin’.Never mind.
Okay, if you don’t like abortions,don’t have one!
“does up-holding the law require a supreme court decision?”
hahaha, hehehe, hohoho!my my, the niavete.
You are one quixotic creature aren’t you?
…That is a huge problem if that is the case…
INDEED
…Yost who approved the charges in Sedg Co….
Yost and Anderson
…why don’t harrass tiller’s family,…resort to crimes much worse,like bombing and killing…
nope – cant do that – IT IS AGAINST THE LAW.
don’t care about your personal beliefs or choices – live as you wish – WITH IN THE LIMITS OF THE LAW.
angel, wich side of the issue do you defend?
…AG went in and did the same thing that Kline did.”
Cite them. Have Kline/OR/McKinney cite them…
what good would it do?
It takes the supreme court to TRY to make Bush be law abiding.Ain’t workin’.Bush has a bigger military than SCOTUS and congress.
SJM, the point is that clearly, under the general grant of authority contained in the Kansas Statutes as to the authority of the Attorney General, which are found in Chapter 74 of the Kansas Statutes Annotated, the contents of which were posted on an earlier thread when the whole thing in Sedgwick County first began, Mr. Kline did not have the authority under the same to initiate the action. However, under the inquisition statutes (remember, the record gathering was done as an inquisition, an action analogous to a grand jury, but conducted by a prosecutor), again the cite to which was posted on the same thread, it appears that the attorney general, district attorney, or county attorney of the county, may file a complaint if the appropriate prosecutor, on information and belief, determines the testimony taken at such inquisition discloses probable cause to believe that a crime has been committed within the county.
In this matter, the application for inquisition was authorized, IIRC, by a Shawnee County judge even though the loci of any alleged crimes were Johnson County and Sedgwick County; no facial problem there, as the statute merely requires the application be made to a district court judge, not a district court judge in the county where the crimes allegedly were committed.
Query: which statutes control? I infer from the public discussion that Judge Clark ruled the general controlled, and Mr. Kline was without authority to unilaterally file his complaint. I am not aware of any Kansas Supreme Court decisions on point as to this issue, although I have not researched it, thus the question to angel.
i would like to see the law up-held.
if you want an abortion – i have nothing against you or any one else making that choice.
everyone should be legal in what they do – shouldnt they?
I have a lead foot – it gets the best of me – way to many timesbut I get busted. and must obey the remedy of the infraction of the law. (I will have to research to see if there is a Supreme Court ruleing on that though… with out a SC ruleing i may be paying fines when i don’t have to)
I know that is a trivial example but what does it mean when it says speeding is against the law. or buckle up – its the law.
inquisition is first.
upon completion of the inquisition the issue is dropped or moves forward.
a case is filed and would have to have a “mother may I” from the county DA of the suspicion.
IF the inquisition produces MORE than suspision IE probable cause.then the “mother may I” rule is set aside and any AG DA assistant DA can file a case.
angel, here’s some actual KS state laws that we need to enforce VERY strictly:Rabbits may not be shot from motorboats.Pedestrians crossing the highways at night must wear tail lights.No one may catch fish with his bare hands.The state game rule prohibits the use of mules to hunt ducks.If two trains meet on the same track, neither shall proceed until the other has passed.
and you can not push a moose from an airplane in flight. that one is from Alaska…
I didn’t say there were no stupid laws -
as stupid as some may be – they are still laws.
the AG, DA, police etc are not expected to make the laws – but they are expected to uphold the laws.
Thus, angel, one of my original queries: what definition of “probable cause” do you believe the statute contemplates?
As to your answer to my other query, thank you; clearly, you believe the inquisition statutes are an exception to the statutes which generally set forth the authority of the Attorney General. I do not personally agree with you on this, but I understand your position
let OR file an Amicus brief with the KS Supreme Court.
Here’s a few great city laws:City Laws in Kansas
DerbyIt is illegal to urinate on the side of a building.Hitting a vending machine that stole your money is illegal.Persons may not “screech” their tires while driving.Riding an animal down any road is against the law.
Dodge CityIt is illegal to spit on a sidewalk.
LawrenceAll cars entering the city limits must first sound their horn to warn the horses of their arrival.No one may wear a bee in their hat.
RussellMusical car horns are banned.
SalinaIt is against the law to leave your car running unattended.
TopekaIt is illegal to drive one’s car through a parade.No one may sing the alphabet on the streets at night.Spitting on sidewalks is expressly forbidden.
there is no case if there is no inquisition.
the inquisition findings determine which path it must/can follow
If you abide by the law, then don’t whine about abortion,it’s legal.
great material tracy,
silly as they may be – the law makers seem to want them still on record.
if they are – they must be obeyed.
doesnt matter how silly they sound.
yes, tracy,
abortion IS leagal
but that is not the what the case is about.
angel, I dissent a bit; the case is truly not about the constitutional right to an abortion; it is about the alleged performance of illegal abortions and the failure to properly report in certain cases. However, underlying it is abortion, right?
as i understand the filed case documents – it is about illegal abortions and failure to inform legal athorities of under-age sex (that as defined by ks law as statutory rape)
as to underlying… there may be several opinions. but there is nothing in this case that will change the current abortion laws on record.
the alleged offender happens to be a doctor that performs abortions.but that does not make the case about abortions -
to take the tainted or heated words out of the statement…
it is not ones professionit is about what one did or did not do in that professional capacity.
sorry to be vague – but it helps to stay focused on the points of the case and get caught up in emotions, opinions or personal beliefs.
back to my speeding ticket ana.there is a 4 lane road at 30mph
a block away is a 2 lane road at 45mph
doesnt make sense – really ticks me. but it isnt about bad trafic laws – it is about me doing 45 in a 30…. i know it, i did it, i pay.
For those of you who wonder about the evidence in the Tiller case, one need only Google search the witness list to discover some interesting facts.
Operation Rescue apparently knows how to Google, and how to investigate (Phillip Brownlie take note — and maybe consider taking a class in deductive reasoning.)
Check out this link for the story:http://www.operationrescue.org/?p=534
PS Phillip, I thought the monkey cartoon was clever and certainly no worse than that pro-abort propaganda crap cranked out by Crowson.
Interesting article Rosemarie, thanks for the link.
angel, trying to be as factual as possible and trying to remove the heated words in discussing the current case is a good thing, IMO.
On the speeding situation, no, it doesn’t make sense but to observe that the 2 lane, 45 mph zone is likely not within the city limits and is “rural”, while the 4 lane, 30 mph zone is within said limits, and “residential”.
very good….
so… there is a REASON behind the speed limits…
I wonder if other (silly or unpopular to general population opinion) laws exist because there is a REASON ?
angel, often there are laws/resolutions/ordinances on the books that had a solid foundation in reason/fact when adopted, but have become antiquated/no longer needed. For example, the “no spitting on the sidewalk” ordinances set out above; when TB was not uncommon, the bacterium which underlies the disease could be spread through contact with, inter alia, the sputum of an infected person; thus, the prohibition from a public health perspective.
so why dont the police remove these laws?
angel, that’s not for the police; it is up to the legislature, the city councils, et al to do so. The laws must be repealed, amended, etc., by the same body enacting them, assuming no final adjudication thereon by the Kansas or U.S. Supreme Court finding them unconstitutional (even then, the law in question remains on the books, but cannot be enforced). The normal reason given for not so doing is the time it would take to identify such, and the necessary enactments to either repeal/amend them, while there is other, more pressing business to which to attend.
What’s the reason for the law banning ice cream on cherry pie in Kansas?
Vaughn: Excellent responses. A complaint has been filed yesterday regarding the REMOVAL. Call me at home when you get this message. VERY INTERESTEING!
Just a question to answer a comment about the cost of abortions.
Which do you suppose costs more? An abortion or the hospital and doctor bill for a birth? An abortion or supporting someone for 18+ years?
Anybody know the average physician’s charge for pregnancy and birth? Tiller would probably make more as a simple OB/GYN.
I wonder … could a truly independent prosecuter be identified who could look at all the information? Somebody not affiliated with either side in this controversy. Perhaps someone from outside Kansas?
Then maybe we can find out if there is any fire or just smoke.
Smoke, Ben.
Probably. But at least then we would all be sure.
But we have the balls to stand up and say “get us, if we’re wrong”, and they can’t get there from here!
RB,
I would wager that those arcane laws like that of the cherry pie and ice cream come from old outdated ordinances passed by some city official many years ago for some peculiar purpose and aren’t actually on the books today.
Kline CAN’T provide the records to Foulston: Bill O’Reilly still hasn’t given them back, yet!
If Angel gets her way and Tiller gets convicted (which he won’t because he’s innocent), there won’t be any choice in whether or not you want an abortion and go get one, the provider will be gone.
But that’s the whole point, now isn’t it?
There are other doctors who do abortions in Wichita, PM. And why are you so convinced that Tiller is innocent? What special info are you privy to?
Innocent until proven guilty, MC, so go back to sleep.
Or just quote some more non-existant stories from undocumented sources that claim Tiller eats live babies or recruits pregnant women at the mall for abortions.
Just don’t let the facts get in the way of your point of view.
Yes, innocent until proven guilty, but not convinced he’s innocent until I see the evidence.Don’t let you blinders keep you from seeing the truth, Wus.
What exactly is Tiller supposed to be accused of? What law has he broken?
“Yes, innocent until proven guilty, but not convinced he’s innocent until I see the evidence.Don’t let you blinders keep you from seeing the truth, Wus.”
Well, I am sure that Phill will have the evidence over to you any minute now, MC.
Maybe you can call up Billo and get a quick peek at his copy.
You anti-choicer are all alike and all full of shit.
JM, unless they’ve taken that law off the books recently, I think it still stands.
Here’s an interesting tidbit about KC, though not related to law: It is rumored that KC has more fountains than any other city in the world, surpassing even Rome.
ABORTION STOPS A BEATING….
Mary, WSC – that is why I would like to see some sort of truly neutral person look at the evidence. Not an Operation Rescue member like McKinney but at this point not Foulston either. Someone who could look at everything dispassionately and render conclusions that people on both sides would accept.
Sadly, I doubt that will happen and we will continue with “he said she said” …
I agree totally, Ben. I wouldn’t trust the extremists on either side.
…If Angel gets her way and Tiller gets convicted (which he won’t because he’s innocent), there won’t be any choice in whether or not you want an abortion and go get one, the provider will be gone…
Not true – you can still get a LEAGAL abortion at any current abortion center performing LEGAL abortions.
the virdict on this case wont change current abortion law. it will REMAIN LEGAL TO GET A LEGAL ABORTION.
…and render conclusions that people on both sides would accept…
really? lets let it go to court.
I will accept the virdict…Will the OTHER side accept the virdict?
Everyone makes a decision – ask the INDEPENDENT Judge – will you let your daughter have a late-term or partial birth abortion…
looks like we’ll have to rule that judge out… he has a personal decision…
dosn’t matter what he chose…
He is either a baby killing senssless bastard.orHe is a extreme right wing personal agenda idiot.
whatever
glad to see the point was made.
WHAT’S YOUR POINT?
THE point is the LAW.
judges opinionAGs opinionDAs opinionJurys opinion
none matter.
put the light on the law.and accept the virdict – what ever it may be.
OK
I saw an article in the paper Sunday (I think) about the local DA changing the way possession of small quantities of drugs (less than a quarter-gram) is handled. When the AG’s office was asked about it the response was “we won’t get involved because it is local jurisdiction.”
If that is the case there then it would seem to be the case with the Tiller accusations as well.
“Jan Lunsford, who until Friday was a spokesman for the attorney general’s office, said that office did not want to take a position on how such cases should be handled.
“This is a local jurisdiction issue,” he said.”
http://www.kansas.com/mld/kansas/news/16401458.htm
…If that is the case there then it would seem to be the case with the Tiller accusations as well…
that would be correct – if the case delt with a law specific to sedgwick county.
but tiller is in question of a state law.
Perhaps, but the drug laws are also state laws and then local interpretation thereof.
GMC? You out there? Any other legal eagle types?
“State law makes possession of any amount of cocaine or meth a felony.
“The law is very specific,” said police Lt. Scott Heimerman. “Possession is possession.”"
Just dropped in for a minute between clients; hmmm, you are correct, the drug laws are state wide. Sounds like to me the discussion is one of prosecutorial discretion. I’m not familiar with the particulars, but it goes back to the issue of discretion. Hope to be able to join in later, but need to go now. GMC? Your comments, please.
Thanks VT. Now, would that be any different for the Tiller misdemeanor accusations?
yes, IF the police arrest you for possession…
but there is nothing a judge can do if the police departments – in their counties – have their own regulations on what they will define as possession.
so if no arrest, then no issue.
if there is an arrest – then felony.
the tiller case differs because it wasn’t foulston that made the charges.
if a local cop decides not to charge you with possession then your free.
if a state trooper stops you 1mile down the road and decides to charge you possession, then busted.
the point of difference is in who decides to file charges or not.
VT? GMC? Someone with trainong in the law?
Seems to me that the issue raised surrounds the discretion to charge possession of a proscribed drug (a felony) or possession of residue (a misdemeanor). From the link, it appears the local PD has determined it to be a better use of resources to charge 0.25 gram or less as residue, and have the misdemeanor case tried in Municipal Court; while the DA has determined it may charge 0.1 gram or greater as possession, and have the felony case tried in District Court. For a first-time offender, the punishment is the same; probation.
As pointed out in the linked story, if all persons in possession of a small amount were to be charged with felonies, the District Court would be overwhelmed with cases; rather, if small amounts charged as residue possession, the Municipal Court can be utilized as well.
Angel, I suspect even if a State Trooper would charge possession a mile down the road (highly unlikely, as the WPD would confiscate the “residue” as evidence), a deal might be made with the DA to go forward with a misdemeanor residue charge, likely acceptable to the Judge to clear the docket.
Relationship to the Tiller case; none, really, other than a general relationship on the discretion issue, e.g., the AG wants to proceed, the local office doesn’t wish to. Many reasons could underlie this decision: lack of a case is one.
… lack of a case is one…
well then… back to my earlier suggestion…
TWO judges actually review the evidence and find probable cause.
ONE judge doesnt even ask to review the evidence – dismisses the case – claiming procedural error (the supreme court opinion still out on that)
2 to 1 say there is a case…
lets say it is a tie…
let the court decide.
IF there is no case, then Kline gets laughed out of courtandTiller wonders why he spent 1/2 million trying to battle against something that isnt there…
Some people are very afraid of letting this make its day in court.
why is that?what is to be afraid of?
either way the right to an abortion stays.
It has been legal – it will be legal.
so raggin about anti-abortion is a farce.
what kind of people are afraid of the court?
ANYONE WITH BRAINS! HA.anytime you are litigating the outcome is not pre-ordained.american roulette.
I thought you said tiller was inocent and Kline was a bum prosecutor…
sounds likt the odds for a sure win for you are a lot better than roulette.
- and if everyone really thinks tiller is clean.- and everyone thinks Kline has nothing and is just a boof.
even vegas would place odds better than roulette.
yes – ANYONE WITH BRAINS – that breaks the law… would be afraid of court.
You must have me confused with someone else.I have no idea what tiller is innocent or guilty of.Innocent folks get drug through court all the time.Are they not afraid?
well, maybe they are…
do any of them spend mass amounts of money trying to STOP a case from going to court.
i know of innocent people spending mass amounts in defense.
and they won -and even pressed for false arrest -maybe he is innocent – but all the hubbub isnt helping his cause.