Tiller's Quest to Avoid Prosecution
WHAT METHODS DOES TILLER USE TO KILL BABIES?
WHAT DOES TILLER DO WITH THE DEAD BABIES?
DOES
TILLER PERFORM LATE-TERM ABORTIONS ONLY IN CASES OF HARDSHIP?
IS
ABORTION SAFE FOR THE WOMAN?
DOES A BABY EVER SURVIVE AN ABORTION?
LIES!
WHAT
CAN I DO TO STOP THE KILLING?
SCRIPTURES
AND QUOTES
Cartoon by John Francis Borra cumulus@eaglecom.net
used with permission
Click
here to enlarge this cartoon.
SUMMARY
For several years, Tiller has fought a criminal investigation of his abortion business. The investigation involved suspected violations of Kansas late-term abortion law and the suspected failure to report abortions on underage girls. Tiller tried to fight this investigation by claiming that "privacy" was the ultimate concern and that his medical records were off limits to investigators.
When the privacy argument failed and charges were brought against Tiller, the Sedgwick County District Attorney was able to get the charges thrown out.
Paul Morrison, Kansas Attorney General, won 2006 the election with massive indirect donations from Tiller. Morrison then took six months to "investigate" Tiller before clearing him on the more-serious charges. Instead, Morrison indicted Tiller on a lesser technicality. Now Tiller is challenging that in court.
A Pro-Life group is circulating a petition to convene a Grand Jury to investigate the late-term abortions performed by Tiller.
ABORTION ON UNDERAGE GIRLS
Sex with children is illegal in all fifty states. Kansas requires all professionals to report suspicion of child abuse to the Kansas Department of Social and Rehabilitation Services (SRS). Known as the "mandatory reporting", all professionals (including doctors) must report when they have "reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse." The doctor is not supposed to decide on his/her own if abuse has occurred. That decision is left to SRS.
In Kansas, sex with a girl under the age of 16 is "statutory rape," since the girl is too young to legally give her consent. So when a young girl seeks an abortion, there is ample evidence that sexual abuse has occurred.
A letter-of-appreciation sent to Tiller's clinic indicates at least one patient was under 16 when she had her abortion.
This framed letter hangs on the clinic's waiting room wall along with other letters of appreciation.
Tiller has admitted he performs abortions on very young girls. In 2001, Tiller made a video that is given to women as they arrive in Wichita for late-term abortions.
This video is entitled, "Philosophies and techniques of late term abortion services at Women's Health Care Services". In this video, Tiller talks openly about the reasons women come to Wichita for abortion:
Your presence here this morning means that something is going dramatically wrong in your life. You may be here to end a pregnancy early because of fetal abnormality to save your unwell, unborn child from a lifetime of pain, suffering, disability, and hardship.
On the other hand, you may be here because of some of your own issues of survival. You may have issues of domestic violence: rape, incest, spouse abuse, or child abuse.
You may have issues of your own health. You may have some serious disease process: cancer, lymphoma, diabetes, high blood pressure, heart disease, or any one of a number of the other medical problems that can afflict women of child bearing age.
You may have some issues of age yourself. You may be 9, 10, 11, 12, 13, 14, 15 years of age. On the other hand, you may be at the end of the other spectrum of fertility. You may be 40, 45, 50, 55, or even 60 years of age.
There may be some issues of poverty such as homelessness. You may have some occupational issues. You may have some financial issues.
But, for whatever reason that you are here... we find that there are many reasons why women find that continuing the pregnancy will cause substantial and irreversible impairment of their physical health, their mental health, their emotional health, their family health, age of the patient, safety and well-being... for whatever reason that you are here, welcome to Wichita, and thank you for the opportunity to be helpful to you.
Notice he states that some of the patients are as young as 9 years old!!
ILLEGAL LATE-TERM ABORTION
During the 1990s, the State Legislature passed limits on late-term abortion. Abortion past 22 weeks could only be performed to save the life of the mother or when "a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman." (K.S.A. 65-6703) This eliminated any abortions for reason of "anxiety" or "depression" which had been a loophole used by some abortionists in the past.
Yet Tiller continued to advertise his late-term elective abortions on his website. Click here to learn more about Tiller's late-term elective abortions.
DOES THE LAW REALLY MEAN WHAT IT SAYS ??
Phill Kline had to fight each step of the way to enforce the law. Kline made numerous trips to court to obtain evidence.
Phill Kline
In 2003, Kansas Attorney General Phill Kline restated what was already obvious in Kansas law. Kansas abortion clinics must report all abortions on girls younger than sixteen.
Three abortionists sued to stop Kline from enforcing the law. This suit (Aid for Women v. Foulston) went to court.
BABY KILLERS & CHILD MOLESTERS UNITE
Abortionists wanted to keep their medical records secret. They don't want to report when a girl under 16 gets an abortion. Pedophiles don't want their acts reported either. Both seek "privacy".
In early 2006, the Kansas Supreme Court ruled in favor of Kline. He could subpoena the medical records. The case then went before Federal Judge J. Thomas Marten.
Dr. Robert Blum, professor at Johns Hopkins University, said "In general, adolescents under 16 are mature enough to make decisions regarding sex."
Robert Blum
However Blum said married girls under 16 are a "very high risk" group with a "much higher risk of STDs, HIV" than unmarried sexually active girls under 16. He also concluded that "Physicians over-report abuse."
Herbert Hodes
Kansas City abortionist Herbert Hodes (pronounced hoe-deez) spoke of an underage patient and adult sexual partner who have mutually fulfilling and happy relationship.
Dr. Vaughn Rickert said, "Consensual sexual activity is an important part of adolescence." Rickert listed the supposed benefits of underage sex.
Vaughn Rickert
Rickert claimed underage sex helps teen learn to communicate their needs and wants. He claimed it helps them learn how to demonstrate love and builds confidence and self-esteem. He said adolescent sexual intercourse is beneficial to help them develop social and relational skills. Rickert said that underage sex is "beneficial" and that the risks do not make it "inherently injurious."
THE RULING
In the end, Judge J. Thomas Marten ruled that the law doesn't really mean what it says.
Judge J. Thomas Marten
Marten concluded that abortionists could decide if they felt their patient had been injured by underage sexual encounters. Marten said that mandatory reporting would jeopardize "privacy" and would strain the relationship between the young girl and the doctor. Read Marten's ruling here.
OVERTURNED
INDICTMENTS THEN DISMISSAL
On 22 December 2006, Kline used these records to indict Tiller on counts of illegal late-term abortion on girls as young as 10 years old.
But within hours, Sedgwick County Attorney General Nola Foulston convinced Judge Paul W. Clark to throw out the charges.
Nola Foulston
Foulston's dismissal was purely procedural. It had nothing to do with the evidence or the merit of the charges. Foulston claimed that the Kansas District Attorney needed the "invitation, request, or acquiescence" of the District Attorney to file charges. Click here to read her dismissal brief.
Kline replied that he had met with Foulston hours before he filed the charges and that she didn't object at that time. Click here to read Kline's complete letter.
Now Morrison sits on the case and the evidence. He hasn't said if he plans to refile the charges against Tiller.
Foulston's dismissal will no doubt be challenged in court.
If the courts allow this dismissal to stand, it will destroy the independence of the Attorney General's office. In this case, a District Attorney could provide a protection racket for criminal enterprises within his/her district. And this appears to be exactly what's happening with Foulston protecting Tiller.
THE SPECIAL PROSECUTOR
After the charges were thrown out, Kline countered by appointing a Wichita attorney Don McKinney as Special Prosecutor to the case. But the day after he took office in January 2007, the new Attorney General Paul Morrison fired McKinney.
Paul Morrison
Morrison was elected with the help of thousands of dollars from Tiller. Click here to learn more about Paul Morrison.
Pro-Life groups tried to get the courts to reinstate McKinney as Special Prosecutor. McKinney is an accomplished trial lawyer who is solidly Pro-Life and not afraid to prosecute this case.
FOULSTON'S OWN "INVESTIGATION"
After she obtained the dismissal of the indictments brought against Tiller, Foulston conducted her own "investigation" of Tiller. Foulston found that Tiller had properly reported all abortions on underage girls among the fifteen abortions investigated by Kline. Click here to read her report.
Foulston sidestepped Kline's charges of late-term abortion and deferred it to the new Attorney General Paul Morrison. She labeled the late-term abortion charges "Out of Jurisdiction" even though the abortions occurred in her district. (See the two-page chart here.)
THE ATTORNEY GENERAL AND THE STATE LEGISLATURE
Pro-Lifers pushed the State Legislature to direct Paul Morrison to reinstate the charges.
Melvin Neufeld
But Melvin Neufeld, the Speaker of the Kansas House of Representatives, refused to introduce the bill for a vote. Neufeld claims he is Pro-Life, but refuses to take any action in the case.
Ben Hodge
In response, Representative Ben Hodge resigned from the House State and Federal Affairs Committee.
(Click on the picture to watch the clip)
On 30 May 2007, Bill O'Reilly chastised corrupt Kansas politicians' handling of the Tiller case.
Cartoon by John Francis Borra cumulus@eaglecom.net used with permission
Click here to enlarge this cartoon.
! INTIMIDATION !
In early June 2007, Dr. Paul McHugh broke his silence.
Paul McHugh
McHugh is a Professor of Psychiatry at the Johns Hopkins University School of Medicine. McHugh had been hired by Phill Kline to review medical records to see if the reasons given for late term abortions had met legal criteria. Yet McHugh says that Paul Morrison has never contacted him, even though Morrison claims he was still investigating the late term abortions.
Click here to see Dr. McHugh's interview in Lenexa, Kansas on June 11, 2007.
Bill O'Reilly picked up on the McHugh story. O'Reilly sent his camera crew to get a comment from Tiller. They found Tiller at a convenience store in Wichita. Tiller refused to answer questions. Instead, Tiller called 911 and claimed O'Reilly's camera crew wouldn't let him get into his vehicle. Tiller placed this call AFTER he had already gotten into his vehicle and then gotten out again.
Click here to see the O'Reilly clip
Dr. McHugh was scheduled to speak to a gathering at a hotel in Overland Park, Kansas on the evening of 12 June 2007. At the hotel, McHugh was met with a representative of Paul Morrison's office.
This is the man who handed the letter to Dr. McHugh. He identified himself as a criminal investigator with Paul Morrison's office. If you know his name, please tell me by clicking here.
Dr. McHugh was handed this letter which threatened him with legal action if he continued to speak out. Yet the letter is misleading.
Tiller had a legal team present at the hotel where McHugh was scheduled to speak.
Tiller's legal monitors
McHugh did attend the meeting, but honored Morrison's request and did not speak.
CHARGES DROPPED
In July 2007 after six months of his own "investigation", Morrison dismissed the serious charges of failure to report abortions on underage girls.
Click here to see a video of Paul Morison press conference with humorous yet truthful commentary.
Morrison used the dismissal to throw barbs on Kline.
Cartoon by John Francis Borra cumulus@eaglecom.net used with permission
Click here to enlarge this cartoon.
OTHER CHARGES FILED
Kansas law requires any abortionist performing a late-term abortion get a second opinion from a doctor not financially or legally associated with the abortionist. As a loophole, Tiller used Ann Kristen Neuhaus as his second opinion for most or all of his late-term abortions. Neuhaus is a former abortionist. She is not a psychiatrist, yet she made evaluations whether "a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman." as required by Kansas law (K.S.A. 65-6703). It's not known if Neuhaus ever recommended a woman not have a late-term abortion. It appears her involvement with Tiller was simply a attempted loophole.
Cartoon by John Francis Borra cumulus@eaglecom.net used with permission
Click here to enlarge this cartoon.
On August 3rd, Tiller was arraigned on 19 charges relating to illegal late-term abortion.
As part of the booking procedure, he sat for this "mug shot".
Meanwhile a Pro-Life group called "Kansans for Life" is initiating an effort to convene a Grand Jury to investigate suspected violations of Kansas late-term abortion law. Registered voters of Sedgwick County can sign the petition.
AND YET, THIS IS TILLER'S IDEA OF "PRIVACY"
Tiller preaches privacy but doesn't practice it.
Until February 25, 2005, Tiller reserved the right to pass along a woman's personal information (including the date of her abortion) to ProKanDo so they could solicit her for a contribution. This was part of Tiller's Notice of Privacy Practices which is listed on this page of his website.
Tiller changed this practice (or at least removed the above paragraph from his website) on February 25, 2005 after Julie Burkhart, the director of ProKanDo, was called by a newspaper reporter on that same day. The archived webpage can still be viewed on the "Way Back Machine" by clicking here. The "Way Back Machine" is an Internet service that automatically archives websites.
Tiller's spokeswoman Julie Burkhart claims the posting on his website had been a "mistake".
Julie Burkhart
However, a search of the "Way Back Machine" shows that this paragraph was included in the "Notice of Privacy Practices" ever since this notice was posted on his website in June of 2003. Click here to search for yourself.
Tiller believes that political activists like ProKanDo can be trusted with women's personal information, but an elected law enforcement official working under oath like Kline cannot be trusted with that information.
SUMMARY & CONCLUSIONS
Every judge who reviewed the evidence against Tiller allowed the case to go forward.
Nola Foulston sought the dismissal based on a shaky procedural maneuver. She did not seek her dismissal based on the evidence. Paul W. Clark, the judge who dismissed the charges against Tiller, also did not base his dismissal on the evidence.
Kline worked within the legal system each step of the way. As legislator, Kline pushed the late-term abortion ban through the legislature which was signed by then-governor Bill Graves. When the laws were not enforced, Kline ran for Attorney General in 2002 and won. Then each step of the way, he had to prove to judge after judge the need to enforce the law and the merits of the evidence. And finally when all the hurdles were overcome, Foulston and Judge Clark had the charges dismissed. Yet the abortion lobby claims it was Kline who had a "personal agenda".
Tiller's campaign cash has bought him protection in Kansas. This is very similar to the protection racket that kept Al Capone out of jail for so many years. Yet even Capone was brought to justice eventually. Tiller's protection racket is equally shaky.
Today, the Kansas Attorney General's office still holds the disputed medical records. Yet the people who clamored about "privacy" when Kline received the medical records are strangely silent when Morrison retains those same records. The people who clamored that medical records should not be in "the government's hands" seem unconcerned when a proabortion government official has them.
The issue was never "privacy". The issue was the willingness of Kline to enforce the law. "Privacy" was simply the smoke screen the abortionists tried to hide behind.
Yet all of Kline's efforts were not in vain. Kansans hate the abortion debate. They hate being the abortion capital of the world. When Kline indicted Tiller, he forced Foulston and Morrison to "earn their keep". Foulston and Morrison came down hard on Tiller's side. And the abortion-weary voters took notice.
Pro-Lifers have established a website with a petition urging officials to prosecute Tiller. Click here to view and sign this petition.
Do you have information or documents related to this case? If so, please click on the icon below to let me know.
Click here to learn about the leadership of ProKanDo.
Click here to learn about some of the ProKanDo's noteworthy contributors.
Click here to learn about Tiller's brash attempt to "buy" the 2002 race for Kansas Attorney General.
Click here to return to the overview of ProKanDo.
Click here to return to the home page.
SOURCES:
Notes by Cheryl Sullenger taken during court hearings.
All other sources noted in context.
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