This article appeared in the Kansas City Star. June 25, 2007.

Tiller inquiry results to be announced
Anti-abortion groups and lawmakers gather to urge Paul Morrison to file charges in the case. By DAVID KLEPPER
The Star’s Topeka Correspondent

TOPEKA | By the end of the week, Attorney General Paul Morrison plans to announce the results of his investigation of Wichita abortion provider George Tiller.

On Monday, anti-abortion groups and state lawmakers gathered outside the Capitol to urge Morrison to file criminal charges against Tiller, who they think has used false psychological diagnoses to justify otherwise illegal late-term abortions.

Many at the rally said they doubted that Morrison would charge Tiller. Lawmakers present said they were looking at their next step, including legislation to outlaw virtually all late-term abortions in Kansas.

“The laws must be enforced in order for those laws to have any meaning,” said Rep. Lance Kinzer, an Olathe Republican, who called Monday’s rally. Kinzer called on Morrison to put aside politics and personalities and “focus on the evidence.”

Morrison’s spokesman, Ashley Anstaett, confirmed Monday that an announcement would be made this week.

No matter what Morrison does with the Tiller case, it is not likely to end the debate about when late-term abortions should be allowed in Kansas and whether those laws are followed.

Rep. Arlen Siegfreid, an Olathe Republican, said he might introduce legislation outlawing all abortions after the 21st week of pregnancy unless absolutely necessary to save the life of the mother. He would leave out exceptions for mental health and cases of rape and incest but said his proposal would not change rules for earlier abortions.

The Tiller case has attracted national attention and galvanized the Kansas anti-abortion movement. Monday’s rally started simply as a news conference but attracted about 100 people, many wearing red “Charge Tiller” T-shirts.

But the fact that it has taken Morrison six months to act — and that a political action committee tied to Tiller raised hundreds of thousands of dollars to attack then-Attorney General Phill Kline before last fall’s election — prompts some abortion opponents to say Morrison is not taking the case seriously.

“He’s in Tiller’s back pocket,” said Troy Newman, president of the anti-abortion group Operation Rescue.

The contributions were raised independently of Morrison’s campaign and spent on fliers attacking Kline. Morrison has said the money had no effect on his investigation.

The case started under Kline, who charged Tiller with performing illegal late-term abortions and failing to properly report them to state health regulators. The charges, all misdemeanors, were dropped for jurisdictional reasons days before Kline became Johnson County district attorney.

Kansas law prohibits abortions after the 22nd week unless necessary to save the life of the woman or prevent significant harm, which has been read to include psychological harm.

Kline and his supporters allege that Tiller uses bogus psychological diagnoses to justify late-term abortions. Court records showed that in the abortions at issue in the case, Tiller cited diagnoses of severe depression and anxiety.

Tiller’s attorneys maintain that their client follows all state law regarding abortion.

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To reach David Klepper, call 785-354-1388 or send email to dklepper@kcstar.com.

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