Lawyers Dan Monnat and Kurt Kerns of Wichita argued for the defense that there were people near the Floyds’ house that night who would have heard the gunshots — but didn’t — and that a different friend of theirs showed up unexpectedly when the killing was supposedly taking place.
Phill Kline’s broad interpretation of a law governing how health care providers report teen sexual activity fueled his investigation of Wichita abortion provider George Tiller, the doctor’s lawyers said Tuesday in Sedgwick County District Court.
Tiller’s defense team is trying to persuade a judge to throw out 19 misdemeanor charges against the doctor because they say the case is based on evidence that Kline collected through abuse of his authority as the state’s top law enforcement officer.
Attorneys for abortion provider George Tiller tried to show in court Monday that former Attorney General Phill Kline was planning to prosecute Tiller even before he took office.
Tiller made a rare court appearance as he watched as one of his attorneys sparred with Kline, who launched an investigation of Tiller more than five years ago.
Phill Kline will face questioning next week by lawyers representing the Wichita abortion doctor he pursued for years as the state’s top prosecutor.
Kline, the former Kansas attorney general and current Johnson County district attorney, is on the witness list to be called by lawyers for George Tiller in a motion to dismiss misdemeanor charges related to how Tiller performed late-term abortions.
Defense attorney Dan Monnat said in a statement he was confident Six will eventually see that rather than waste taxpayer money, the only proper disposition of the “political prosecution” is dismissal.
Dan Monnat, who represents Tiller, called the request to leave the allegations unanswered “zany” during Thursday’s hearing, drawing an objection from assistant attorney general Barry Disney.
“After the defense has shown its hand, the state wants to renege on its agreement, play by a different set of rules and hide its hand,” Monnat said.
Kline also tried to orchestrate a raid by law enforcement on Tiller’s Wichita clinic to seize the medical records of women who sought abortions there, attorneys Dan Monnat and Lee Thompson said in their pleadings.
Dan Monnat, one of the lawyers who represents Tiller, said he expects arguments to continue over the abortion records from Tiller’s Women’s Health Care Services clinic, which led to the charges.
A trial date for George Tiller will likely be set Tuesday, his lawyers said today, after a judge refused to dismiss 19 misdemeanor charges against the Wichita abortion provider.
But lawyer Dan Monnat said this afternoon that any trial would follow hearings over the legality of how the Kansas Attorney General’s Office obtained the women’s abortion records from Tiller’s clinic that led to the charges against him.
Dan Monnat, one of the attorneys representing Tiller, said redacting the medical records is a “time-consuming process” for the law offices and the clinic.
“We are not trying to run out the clock,” Monnat said. “We are trying to timely comply with the court’s order while at the same time guaranteeing the privacy of the patients to the degree permitted by the court’s orders.”
