A Sedgwick County District Court judge heard arguments, but did not rule, on whether the prosecution of a Wichita abortion provider is constitutional.
A lawyer for Wichita abortion provider George Tiller began presented arguments this afternoon, asking a Judge Clark Owens to dismiss the misdemeanor criminal charges against the doctor.
The Kansas Supreme Court on Friday blocked plans to seat a grand jury next week to investigate the activities of Wichita abortion provider George Tiller.
“We will not start a grand jury on Tuesday as scheduled,” Sedgwick County Chief Judge Michael Corrigan said.
Corrigan said the Supreme Court granted an indefinite stay in the proceedings so it can consider a variety of legal issues raised in a legal petition filed by Tiller’s attorneys.
“This is just another attempt to dredge up the dismissed case peddled by Phill Kline,” said attorney Dan Monnat. “Dr. Tiller has fought for years to protect the privacy of the women’s medical files. It’s sad that once again, these women have to continue to wonder whether the content of their files is going to be exploited for political gain.”
“His depiction of this is false, and it sounds like the law firm of Tiller, Monnat and Morrison has been working overtime,” Kline said.
“It sounds like they spent more time investigating me than anybody else.”
Tiller’s attorney, Dan Monnat, said the letter to Planned Parenthood shows “Morrison is conducting an objective, separate and professional investigation” of the two clinics, rather than a single investigation.
Monnat said Tiller follows all laws regarding late-term abortions.
“Reports that a hired gun witness retained by Phill Kline is discussing the contents of subpoenaed abortion-patient records is highly disturbing,” said the statement by lawyers Lee Thompson and Dan Monnat.
Dan Monnat, a defense lawyer with the Wichita firm of Monnat & Spurrier, said it seems unfair for Morgan to be fired while he is presumed innocent in a criminal court. The loss of his job makes it more difficult for him to defend himself, Monnat said.
Wichita lawyer Dan Monnat, who will be a defense attorney in the upcoming Stanton County case, agreed that courts should be extremely cautious when dealing with bodyless cases. “Such cases are classical circumstantial-evidence cases — and with all circumstantial cases, there is a great risk that an innocent person will be convicted,” he said.
A Wichita man arrested last May in connection with two rapes, then released when a DNA test proved his innocence, is suing the Police Department for an apology. “This is not a case where we’re seeking a large amount of money,” said Dan Monnat, one of Fontes’ lawyers. “He just wants an apology.”
One of Tiller’s lawyers, Dan Monnat, said of the legislators’ letter: “Dr. Tiller is innocent of any wrongdoing. We always said that Dr. Tiller would cooperate with professional prosecutors who don’t have some skewed political agenda, and he has done and will do that. On the other hand, it’s important that the different branches of government maintain their independence and that the Legislature not try to coerce a political prosecution.”
