It was no surprise that Sedgwick County District Judge Clark Owens decided Wednesday to let the state’s case against Wichita abortion provider George Tiller (in photo) go to trial next month, rather than dismiss the charges or suppress all evidence obtained by former Attorney General Phill Kline. But neither was the ruling a vindication of Kline and his overzealous pursuit of Tiller, who was charged by Kline’s successor with 19 misdemeanor charges related to how Tiller obtained second opinions necessary to perform late-term abortions. Kline’s “procedures have certainly been questioned by the Kansas Supreme Court, but his conduct in the investigation does not merit the sanction of the dismissal of the charges or suppression of evidence,” Owens wrote. The judge opted to let the case have its day in court. The rest of us should do likewise.
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28 Comments
I think someone needs to go after Kline when Tiller comes up clean again.
The harassment needs to stop.
I’m sure Tiller’s attorneys will file a motion for weaseling or some other legal tactic.
It’s about time! Let the case begin – then Tiller will either be convicted or he will be exonerated. Let the chips fall where they may.
I have heard, repeatedly, “No one can break the law to enforce the law”. I have witnessed this happening, first hand, though. Kansas is notoriuos for “Breaking the law, too enforce the law”. “It is not what is being done, it is who is doing it”. Just a view, Herbert West 3rd, {D}, Exploratory Campaign Candidate for a 2010 Bid for Kansas Governor. west.herb@yahoo.com
Most important of all let the truth come out.
Then….send Tiller to jail.
Box – should he go to jail if the truth says he has broken no laws?
Witch hunt.
What troubles me is when those whom are entrusted to enforce the law have no respect for the law.
Why should anyone else? Kline had no respect for the laws he was entrusted to enforce or the office he held. Those entrusted to enforce the law are the first line of defense against anarchy. How Kline acted is no different than those who use bullets or bombs to accomplish their goals and are on a moral equal level.
A Law is either broken or it is not. So…. What exactly does it mean to “disrespect” the law?
“Box – should he go to jail if the truth says he has broken no laws?”
bth,
Of course not…I was afraid some would interpret it that way.
I can disagree with his killing of innocent, defenseless life but if he has not broken the law the law has no place in punishment.
And those that oppose his killing work to change the minds, hearts of people who will change the law.
But Boxy, he brings a lot of revenue to the state. Aren’t you an advocate of the free market? He runs a legal business, but you are in favor of more regulation. Go figure.
Look at the bright side: Kline is now some other state’s embarrassment. Having both Kline and Fred Phelps is truly more than one state should bear!
To disrespect the law can come in two forms, one is to ignore the law if you do not agree with a law simply do not follow that law. Is that a defensible stance to take when you are caught and tried for that violation?
That is the reason you have violated a law it is not a defense against that law. The second is to use the law or an office where it is your responsibility to enforce the law. Not for the common good or the intent of that law. I stop you and say it was for speeding though you were not I just do not like you. That is a disrespect for the law. Tiller’s actions are questionability against the sensibilities but not illegal. Kline used the law not for the common good as he was entrusted to do. He used the law for his own personal grudge that is disrespecting the law. Is what Kline illegal? Did he violate the law? Well perhaps GMC could be a better person to answer those questions. He did violate his oath of office though.
Women are going to continue to have a right to choose. This is established and is not going to change. Those who continue to try and deny women control over their own bodies waste their time on a useless issue and thus demonstrate that they are not pro life at all.
“He used the law for his own personal grudge that is disrespecting the law.”
If Tiller broke the law, it is the responsibility of our government (represented by Kline) to prosecute him for it. Kline’s personal beliefs against murder are irrelevant regarding Tiller’s guilt or innocence.
If the Law is on the books and the evidence shows that Tiller broke it, he should be convicted.
To prosecute someone for murder, you need to apply evidence. If you have not evidence, you can have not convict. Tiller does not want Kline’s evidence used against him. Did Kline taint the evidence? I don’t know, but if he did, he should be charged with that. Otherwise, this case is about Tiller, not Kline.
Of course whether you think the law makes sense or not is irrelevant. Respecting the law means following it even if you do not agree with it.
I agree with the judge on this one. Let the trial go ahead and if Tiller is found innocent, then what? These pro-life people are not going to be satisfied until Tiller is given the death penalty.
I have a feeling even if God himself came down from the Heavens and said Dr. Tiller is innocent – nobody from the pro-life group would take that as fact. These people are out for blood and nothing else will do.
But I would like to see something done about Phill Kline thinking he can take those medical records from the Attorney General’s office to Johnson County’s office and then having copies mailed to himself at his new Virginia address.
These were subpoenaed records for a court case and I just don’t see how Kline can get away with having copies mailed to him out of state. Someone needs to find out if charges can be brough against Kline for his part in all this fiasco.
If my medical record was one of those involved, I would be talking to the prosecutor to push any and all charges.
I am a pro-life person and I am not interested in Tiller getting the death penalty as someone posted here. But, if he has done wrong and is allowing late term abortions without going thru the proper procedure, then he should pay for his crime. I am glad the judge is going on with this trial. Make Tiller and his attorneys prove his innocence. Personally I think he has probably broken the law. But the man is innocent until proven guilty. If a person is under investigation, then it is the Attorney Generals responsibilty to bring that to the courts, that is what Kline has done. If Tiller is guilty, he needs to be stopped. In my eyes, it is bad enough that abortion is legal, but I have to deal with that myself, but if there are restrictions with late term abortions, they need to be followed. Atleast give that to us prolife people. We are only asking that the laws be followed thru. If Tiller is innocent, he has nothing to worry about. Let us see the facts on this one…..
Totoinks,
Sounds like each and every woman whose medical records were involved ought to file a personal injury lawsuit for breach of privacy against Kline and against the state, and ask for each one to be tried separately. Kline wanted to be a lawyer; let him defend himself!
“Make Tiller and his attorneys prove his innocence. Personally I think he has probably broken the law. But the man is innocent until proven guilty.”
Errr, what?
Don’t worry pro-choicers, This evidence obviously shows Tiller innocent. Why else would Tiller’s attorneys seek to demonize Kline in order to get it thrown out?
“Maggotpunk
Posted February 26, 2009 at 12:07 pm | Permalink
“Make Tiller and his attorneys prove his innocence. Personally I think he has probably broken the law. But the man is innocent until proven guilty.”
Errr, what?”
kind of contradictory there isn’t it?
“Maggotpunk
Posted February 26, 2009 at 8:58 am | Permalink
But Boxy, he brings a lot of revenue to the state. Aren’t you an advocate of the free market? He runs a legal business, but you are in favor of more regulation. Go figure.”
reconciling conflicting stances is not a strong point of some
The maggot and brian like to play stupid. “Reasonable minds” know it means to convince a judge or jury the evidence against him is not enough to convict Tiller.
“donndublin
Posted February 26, 2009 at 5:26 pm | Permalink
The maggot and brian like to play stupid. “Reasonable minds” know it means to convince a judge or jury the evidence against him is not enough to convict Tiller.”
Fortunately for us it is just playing.
With comments like yours I think you can’t help it.
One of Kline’s allegations was that Tiller violated State law concerning notifying the authority
of an under aged girl seeking an abortion. Due to a case of incest, the problem with his allegation
was that before hand Kline was already aware that the case and the girl was from another State and it was the authorities of that State who sent the under aged girl to have the abortion! The case of incest was already being investigated and the accused was already in jail. But it did not matter to Kline that the law was already being enforced and the State of Kansas was not even involved.
Does a crime have to be committed before it can be investigated? Kline did not have a crime to be investigating before hand. He went in already having in mind that a crime had been committed though there was no evidence to prompt him. Now as such yes the court needs to find whether Tiller is guilty of crimes.
But to follow Kline’s logic so should you be investigated and private records be taken and then exposed nation wide on O’Reilly. His appearance and exposing records on O’Reilly was not geared toward his investigating Tiller or to show a crime was committed in a court of law. He was trying Tiller in a court of public opinion with a lack of a known crime.
RFL,
“Why else would Tiller’s attorneys seek to demonize Kline in order to get it thrown out?”
Uh, Kline pretty much demonized himself with his blood vendettas against Tiller and teenage sex and oral sex (when performed by males). Excuse us Kansans, but we were under the impression we were electing an Attorney General, not the State Preacher. Of course we corrected that mistake once it was revealed.
SG county officials ignore all the laws,maybe they should be on trial and the death penalty should extend to officials who with recurring practice violate the law and harm people.
“What troubles me is when those whom are entrusted to enforce the law have no respect for the law.”
“The second is to use the law or an office where it is your responsibility to enforce the law. Not for the common good or the intent of that law.”
Two great definitions of SG county officials and judiciary!
Ijoe,
A little coherence please?