If there was any doubt that Attorney General Paul Morrison thinks former Attorney General Phill Kline is a terrible prosecutor, there shouldn’t be anymore. In announcing today Morrison’s decision not to refile 15 of the 30 misdemeanor charges that Kline tried to file against Wichita abortion doctor George Tiller, Morrison’s spokeswoman Ashley Anstaett blasted Kline for being reckless and incompetent.
She said Kline’s treatment of records was "irresponsible and careless," that the 15 charges were "completely without merit," and that four miscopied forms were submitted as evidence. "It is hard to imagine a competent attorney making that same mistake four times," she said.
Even more serious, Anstaett charged Kline with withholding evidence that showed Tiller wasn’t guilty of these charges. "It is unethical to omit exculpatory evidence from an affidavit being considered by a judge," she said.
Kline said that this depiction is false and that it sounded like Morrison worked for Tiller’s defense firm. But it fits the view most voters held in the past election — that Kline had more ideological zeal than prosecutorial know-how and sound legal judgment.
By waiting until the end of this week to announce his decision on the other 15 charges, Morrison raised speculation that he may, in fact, refile some of those charges. Whatever he decides, the decision needs to be based on the law and not on pro-life or pro-choice pressure.
Posted by Phillip Brownlee
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Whatever he decides, the decision needs to be based on the law and not on pro-life or pro-choice pressure.Posted by Phillip Brownlee
June 27, 2007 in Abortion | Permalink
Well damn, no kidding.
I think Kline’s competence was already tried, by the election. Pretty much resolved–incompetent. However,
“Even more serious, Anstaett charged Kline with withholding evidence that showed Tiller wasn’t guilty of these charges. “It is unethical to omit exculpatory evidence from an affidavit being considered by a judge,” she said”
If that part is true, and provable, can he not be charged, or at least disbarred? Seems like there is something in the code of ethics…..
I understand that experienced prosecutors are leaving Kline’s new office in droves due to his “leadership” (sic)
Interesting. Sounds a little like Morrison is setting the stage by criticizing Kline. To make it more palatable to the Tiller supporters when he files charges.
We can only hope.
“Even more serious, Anstaett charged Kline with withholding evidence that showed Tiller wasn’t guilty of these charges. “It is unethical to omit exculpatory evidence from an affidavit being considered by a judge,” she said”
Seems like violations of at least rule 3.4 and 3.8 of the kansas rules for attorneys. Again, if true and provable, wouldn’t this be grounds for disbarment?
I want one thing from Morrison: FOLLOW THE EVIDENCE AND APPLY APPLICABLE LAW!
Then let the chips fall where they may.
I’ll wait to see what Morrison does with the remaining cases. I knew Kline was doing wrong though, it was SO obvious. I hope he does get disbarred.
“To make it more palatable to the Tiller supporters when he files charges.”
But WHAT IF there are no charges to be filed? I mean, if Kline had to resort to submitting inaccurate forms and witholding exculpatory evidence, perhaps there is nothing substantial in the first place.
If that’s the case, everyone’s going to accuse Morrison of being in Tiller’s pocket blah blah blah blah.
How do you “miscopy” a form, anyway?
“witholding exculpatory evidence,”
Sounds like Nifong.
Edit: Misread the article, I just woke up
I wonder what the other 15 misdemeanor charges are. And if convicted, what sort of punishment is Tiller subject to?
Kansans showed Double L Phill what we thought of his witch hunt last November. He is like a bad penny that won’t go away.
It is nothing but a repuke witch hunt and we have been there before.
Morrison is doing his job and doing a great job. Double L Phill should do his job and actually work a full week instead of losing cases and putting in 8 hours
I bet the Johnson County Republican Precinct Committee that selected Kline to be the Johnson County DA will feel pretty stupid when/if he is charged with crimes in his handling of the Tiller case.
They should already feel stupid for having appointed such a legal incompetent. His attempt to force records from the abortion clinics last year was pathetic and legally baseless according to the way the law is written.
I still remember the unintentionally humorous Eagle headline 2 years ago–”Kline’s teen sex position unclear”.
Looking at the facts here, you have one of the most notorious late term abortionists in the country located in Wichita, KS of all places, possibly being charged with performing restricted late term abortions based on incomplete or inaccurate medical diagnoses. In other words, thumbing his nose at the law.
Yet Phillip Brownlee focuses his attention on the undoubtedly biased comments of a Morrison minion regarding Phil Kline, who is not even involved in the decision now. Anybody with a brain would know that you can’t trust anything Kline says about Morrison or vice versa. You can cut the animosity with a knife. Yet who does Brownlee breathlessly quote? And Kline’s denial gets the bum’s rush.
Mr. Brownlee, you can’t even discern the real story here because you are so blinded by your hate for Phill Kline. Sad.
Is Kline what conservatives like to call an “activist judge”–an “activist prosecutor”?
“possibly being charged with performing restricted late term abortions”
Outlander, all Klline was able to come up with was misdemeanor charges against Dr. Tiller, after four years of trying.
NONE of the charges were for performing late term abortions without due cause. His (Klline’s) only claim was misreporting.
Regardless of your views on abortion, Dr. Tiller was within the law performing the abortions. It remains to be seen whether he will be charged with misdemeanors for failing to report correctly.
All the talk about illegal abortions and underaged rape is just Operation Rescue talk.
After four years, all Klline had was ALLEGATIONS of misreporting.
That’s it.
That barely qualifies for a news conference.
“The actual allegations against Tiller claim he performed late-term abortions on babies older than the state law allows, and also did not have the proper medical diagnoses that state law requires in the cases of late-term abortion.” World Net Daily
I dunno WS, possibly being charged with making up psychiatric diagnoses to justify killing babies over the age the law allows sounds pretty serious to me. I would hope it does to others as well.
“The actual allegations against Tiller claim”
World Net Daily is not much of a source, Outlander. They run ads claiming that you can cure heart disease with herbal tea.
(Actually they call it ethylenediaminetetraacetic acid - similar to vinegar.)
The actual charges against Dr. Tiller were all misdemeanors - no allegation of performing illegal abortion - just paperwork errors.
The KS SC has already ruled that “mental health” consideration are reasonable grounds for an abortion.
If you and Klline want to change the laws - run for the State Legislature.
If not, live within the law.
As I understand it, the charges that were found to be without merit were those that involved inadequate reporting. Still to be determined are those charges related to having sufficient justification, as required in KS statute, to perform a late term abortion.
And outlander, it was not whether they “made up” psychiatric diagnoses, but whether those so diagnosed allowed a prognosis of permanent harm should the abortion not take place. The word that leaked out was that some folks were diagnosed with “Adjustment disorder” DXs. Here is a link to those diagnostic criteria:
http://psychcentral.com/disorders/sx6.htm
And usual treatment:
http://psychcentral.com/disorders/sx6t.htm
Adjustment disorders can lead to major psyhciatric illness that might meet the statute requirement of harm and irreversability of same. But I am not aware of anybody who could pick out which cases of adjustment disorder will progress to say a major depression.
As I have said before, and on other venues, I think there were problems with Tiller, et al.’s use of DSM IV TR diagnoses.
I am with Ben on this one:
“I want one thing from Morrison: FOLLOW THE EVIDENCE AND APPLY APPLICABLE LAW!
“Then let the chips fall where they may.”
I think Morrison will do this.
As I have said before, I have met Paul Morrison and I do think he has a personal loathing of Phill Kline. It doesn’t sound like the feelings between the two former combatants have changed much since the election.
For those of you who like to wager on elections, I am betting that if Phill runs for election in Johnson County for the AG office, he will receive less than 30% of the vote. It will not be pretty, at all.
My understanding, SD, is that ALL the charges were related to inaccurate reporting. Correct me if I am wrong, but performing an illegal late term abortion would be a felony, and all the charges filed by Klline were misdemeanors.
If I am wrong, I will own up to my mistake, unlike…………….
Reads like Ashley Anstaett was defining what the meaning of “is” is and not using the time to carefully study the old charges, but instead bringing up new stuff.
Didn’t Morrison’s Office state they didn’t have all the records from Kline available?
So they are making these assumptions how?
Do Ashley Anstaett and Paul Morrison know the penalties for making false assertions and accusations in the State of Kansas?
“Didn’t Morrison’s Office state they didn’t have all the records from Kline available?”
All of the records were retrieved, dumbass.
I was talking about Kline’s legal briefs and etc WSClark, not the medical records.
And you thought Mike Nifong was an idiot!
“Reads like Ashley Anstaett was defining what the meaning of “is” is and not using the time to carefully study the old charges, but instead bringing up new stuff.Didn’t Morrison’s Office state they didn’t have all the records from Kline available?So they are making these assumptions how?Do Ashley Anstaett and Paul Morrison know the penalties for making false assertions and accusations in the State of Kansas?Posted by: Republican | June 27, 2007 at 07:24 PM ”
Well damn Republican, thanks for pointing that out. I guess they will have to reinstate the charges against Tiller and send his ass to jail in light of your information.
This is a long article, and a little hard to wade through, but it is very thought provoking. If you take time to read it, and see how it applies to philllll, I’d like to hear your comments.
If you are a child, cant or dont want to wade through it, fine. Just dont whiz on it from the headline.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132×3342212
Outlander, if Tiller wanted to fudge a diagnosis, don’t you think he’d use more valid sounding diagnosis?
Come on. I don’t think any of us are in any position to say what the outcome would be. Doctors misdiagnose all of the time. I mean ALL the time. They’re legitimate diagnoses based on the symptoms they’re presented with. Even when dealing with physical disorders that can be validated by tests, they can still get the diagnosis wrong. With psychological diagnoses, the problem is much more difficult.
For instance, not even related to abortion. Do you know how many in my autism group were misdiagnosed or told everything was fine? Hell I was even told by a fine Wichita neurologist that my son couldn’t have an autistic disorder (in a 5 minute consult) because he could look into your eyes. I’d love to take him back to that same neurologist now that there is NO doubt. And that’s from a doc who is supposed to be an expert on it.
My daughter was misdiagnosed with ADHD, and her problems ended up being far more severe than just that.
Pro-lifers reported this past week on 2 more victims entering Tiller’s Wichita abortion mill. One mother in her 29th week of a now post-viable pregnancy went in to commit abortion because her husband threatened her with more beatings if she did not. Pro-lifers notified Wichita police, who always side with Tiller’s profits. Tiller will probably report that he killed her baby because she was pyschologically depressed [about being beaten].In another case, the mother of a young mother of 2 children became hysterically upset in front of Tiller’s abortion mill, because her grandchild was being killed to prevent the possible loss of cosmetic appearance in the young mother, who had cosmetic “tummy tuck” surgery.Without justice for criminal abortionist quack Tiller, there is yet worse to come.
I have to wonder about the women who are contacting Operation Rescue in the first place over these accusations. I read the stories there and they’re full of either flat out lies or inconsistencies. Like that story you printed about the woman with the dilator left inside…it sounds as if the HOSPITAL was negligent- when someone is altered, they no longer are able to not consent. But the woman’s mother who says she didn’t know her daughter was pregnant is suing the clinic where her daughter was to return? Sounds to me as if she was held hostage in order not to finish the abortion.
It is too bad parkay and the rest of his people aren’t there BEFORE the woman gets to Tiller’s clinic. Where are the crisis centers? Where is there a plce for a woman to go? I know that I financially support such institutions through Catholic Charities but I also know that the need far outstrips the availability.
Perhaps if some of the people marching in front of Tiller’s clinic would donate to support alternatives they could reduce demand.
Didn’t I hear that the head of OR bought a nice new expensive SUV and has a nice home courtesy of OR? Perhaps that money could be better spent.
I’m sure those trucks they drive around cost a small fortune.
I don’t think they’re really interested in addressing the reasons FOR abortions, rather than to just make women more desperate.
Parkay–
There is no way you could know any of that unless you had access to the patients’ files.
Which you don’t.
So, stop lying.
Come on, people, let us wait and see. Okay?
WSC,I am not sure. Will wait to know more. SD
I want to know if and when Morrison decides that no charges will be refiled against Tiller - then will the pro-lifers stop their harassment of Tiller?
And if pro-lifers really believe in saving babies, then there should not be one child waiting for adoption. I just saw a commercial on television by the Kansas Children’s League of several children waiting for loving homes. Where are the pro-lifers on this issue? Why are they wasting time harrassing Tiller when they could be doing some good and give a living child a loving home.
Morrison avoids filing charges against his campaign benefactor and rather than call him on it the propaganda pigs at The Eagle criticize Kline?
If you ever wondered how Kansas became so corrupt all you have to do is read the crap the state’spropaganda pigs write as news.
Stalin’s Russia had more objective reporting.
Angry Ben,Take a pill. Your shrink would approve.
Speaking Of Gross Incompetence
Today the Eagle readers are treated to a double dose of hypocrisy reflected in the Eagle editorials written by Brownlee & Holman. I had to laugh when Brownlee got up on his soapbox to attack Phill Kline for acting unethically. Brownlee quoted Morrison’s spokeswoman who said:
“It is unethical to omit exculpatory evidence from an affidavit being considered by a judge,”
It’s too bad that the Eagle’s publisher will not let their reporters investigate allegations of Nola Foulston’s corrupt prosecutors routinely violating the constitutional rights of Kansans to due process and equal protection when they cover up exculpatory evidence. Maybe Lou Heldman is afraid that if he acted like a real journalist that Bonnie & Dick will blackball him from the A list parties in Eastborough.
I also have to criticize Rhonda for her editorial titled “ALLOW MORE TIME TO INVESTIGATE ABUSE” A more appropriate title would be “ALLOW MORE TIME FOR THE EAGLE TO INVESTIGATE ABUSE BY SRS WORKERS BEFORE ALLOWING RHONDA HOLMAN TO WRITE EDITORIALS”
I have attached several links to graphs from a website titled “Healing Shattered Families” by Carlene Eye. I can’t vouch for the statistics, but it sure looks like we have a problem with out of control child protection agencies in Wichita that must keep children in foster care to generate income to sustain their budgets. Because the Eagle likes to publish editorial opinions by Holman & Brownlee and excuses by Judge Jim Burgess and Ron Pascal rather than facts or statistics, the citizens of Sedgwick County are fortunate that Carlene has created this website:
http://healingshatteredfamilies.com/http://healingshatteredfamilies.com/pdfs/FY2007_rate_of_return.pdfhttp://healingshatteredfamilies.com/pdfs/FY2007_County_Percentages.pdfhttp://healingshatteredfamilies.com/pdfs/FY2005_Juvenile_Care_Caseload.pdf
The last graph is rather frightening because it indicates that District 18 never returns kids from foster care to their biological families.
Maybe all those dirty rumors are true about juvenile judges denying due process so that SRS officials can unfairly take away infants from parents and give them to politically connected private adoption agencies.
Maybe all of those ugly rumors are true about Tiller performing 3rd trimester abortions of health babies (or viable fetuses) in healthy Moms based on faulty psychological evaluations.
Pretty ironic. The SRS wouldn’t need to take as many babies to supply baby brokers if Tiller was not performing illegal abortions.
Bill I’m sure there are no shortage of kids SRS could remove and put in foster care.
Matter of fact, I’m positive of it.
Kline incompetent? He hired Bryan Brown. ‘nuf said.
Predictable that Tillers friend Morrison would come to such a conclusion. I guess he was spending all these months trying to find words to attack Kline instead of looking into the charges. The dog cannot attack its master otherwise it wont get any food.
Anstaett should acknowledge that AG Paul Morrison should go after an ADA in Wichita that witheld evidence and provided false information in an affadavit to a judge in Juvenile Court. Let’s see if Paul Morrison does prosecute the ADA when he has that opportunity.
Speaking of runaway prosecutors:
“Duke rape case prosecutor Mike Nifong was disbarred. Man, that’s rough when you are such a big jerk that they won’t let you be an attorney either.”–Jay Leno
Seems to fit Double L Phill?
Perhaps our resident attorneys could comment on this issue. I think we all have to keep in mind that the question before us is not “do we like this?” but rather “what is the law?”
So the charges are going to stem from not using an independent doctor- not that the late term abortions were not valid. I wonder how this trial will turn out. Is this a misdemeaner?
As reported, P_Mom, these are misdemeanor charges.
What do you think of the charges VT?
Kline is an embarrassment to the legal profession. But, the AG’s office spokesperson’s comments quoted in that article are completely unnecessary, excessively strident, and unprofessional. As the highest ranking elected attorney in the state Morrison and his office have an obligation to conduct their business above reproach. Stating that a former AG’s actions were grossly negligent or intentional (which any Kansas lawyer should know mean the same thing in this state) are big words and she (if she is a lawyer) and Morrison should be held accountable to the disciplinary panel for those comments. If he truly believes what he says he has an ethical obligation to file an ethical complaint against Kline for his mismanagement of the cases and physical evidence. He should put up or shut up. If Morrision can’t prove the allegations his spokes person made yesterday he should be Nifonged.
Morrison is acting less like the AG of the state and more like some cheap obnoxious prize fighter making outlandish boastful comments to sell more pay per view subscriptions to his upcoming fight. All this public fued between Morrison and Kline is missing at this point is the two of them showing up for a weigh-in in their bikini underpants.
Samvatore - MAYBE. Looking at the Duke case I think it was 100% necessary for the AG to take a harsh stand against Nifong and what he had done. In the present case I don’t know if Kline’s actions were that severe but, IF THEY WERE, it would seem appropriate for the new AG to say so.
Thursday, 06/28, Attorney General Morrison tried to convince the people of Kansas that neither he nor any law enforcement official could hold abortionist George Tiller accountable for any trivial reason he submitted to justify the high-risk abortion of a viable baby. This will not stand. Tiller has contracted the highly profitable killing of babies for no more reason than the mother missing a music concert or rodeo. Even pro-abortion voters will demand the enforcement of ALL Kansas restrictions on high-risk post-viable abortions, for the protection of both mothers and their babies. There are no mental health conditions that can pose a substantial and irreversible theat to a mother’s health if a pregnancy continues a few more weeks to live birth. Abortion often CAUSES mental health risks such as severe long-lasting depression, substance abuse, and suicide.We will have justice for the illegal killings, not just for slipping an unethical fee to the second greed-driven quack. We will not have a whitewash.
“Jesus loves me! He who died,Heaven’s gate to open wide;He will wash away my sin,Let His little child come in.”. . . from “Jesus Loves Me”, words by Anna B. Warner, originally published in 1860 as a poem for a dying boy. . .Baby Abby, the third dead baby found in the cold, dark, swirling Mississippi in Red Wing, MN in 8 years, was buried by strangers after 3 months of investigation which turned up little information. The three abandoned to the river, Abby, Jamie, and Cory, now rest together in a graveyard on a bluff overlooking the mighty river flowing through America’s heart, whose backwaters brought them to their final rest, together with Ann Marie, the stillborn daughter of those who saw to the burial. There remains a little hope that a police lead can eventually identify the 3 babies, swept away and gone along the banks of the river - gone along with some of America’s human dignity.When she was born, Abby weighed 7 pounds, was 21 inches long, and had black hair. Mourners sang “Jesus Loves Me.” There are no unwanted babies.
“There are no mental health conditions that can pose a substantial and irreversible theat to a mother’s health”
The Kansas Supreme Court disagrees with you.
It is the “Law of the Land.” Get over it.
its funny that the majority of the people against abortion and so upset with morrison are men who will NEVER have to make this painful decision ever.
and I really find it laughable at most peoples assumption that those seeking abortions do so for trivial reasons
And the majority of those advocating for abortion rights never have to worry about themselves being disected alive in utero.