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February 1, 2008
Tiller's lawyers appeal; no records turned
over
BY RON SYLVESTER
The Wichita Eagle
A noon deadline passed Thursday, and a grand jury received nothing
from abortion provider George Tiller. Instead, his lawyers rushed to
appeal to the Kansas Supreme Court an order to surrender the medical
records of 2,000 women.
And they sought and received another
hearing this morning to seek further privacy protections in Sedgwick
County District Court.
The state's high court could postpone
further proceedings until it studies the appeal Tiller's lawyers
expect to file today.
"We're seeking an order to quash the
subpoenas and to disband the grand jury," said
Dan Monnat, a Wichita lawyer
representing Tiller.
Kansans for Life, which initiated
petitions that resulted in the grand jury, said the legal moves are
a stall tactic.
"He's trying to protect himself, not
the women involved," said Mary Kay Culp, state executive director.
"Their names and identifying information are going to be removed by
a third party."
The 15-member grand jury was
empaneled earlier this month based on petitions signed by nearly
7,000 Sedgwick County residents. It had been asked to see whether
Tiller obeyed state laws governing late-term abortions. He is one of
the few doctors in the country who performs them.
The grand jury had subpoenaed the
records of women who sought abortions after 21 weeks of pregnancy
over the past five years.
Tuesday, lawyers with the Center for
Reproductive Rights in New York City announced they were
representing the rights of the patients whose records have been
subpoenaed.
Wednesday, retired Judge Paul
Buchanan ordered the identifying numbers of the files to be given to
the prosecutor overseeing the grand jury by noon Thursday.
The district attorney's office will
use a computer to put the identifying numbers in random order, then
send the numbers in batches to Tiller. Tiller must turn over the
matching files to a lawyer and a doctor whom Buchanan will name.
That process will be repeated until
all files are turned over. Patients' names and other identifying
information will be removed before the files are submitted.
Buchanan will hear the latest request
from Tiller's lawyers and the Center for Reproductive Rights this
morning.
Meanwhile, Planned Parenthood of
Kansas and Mid-Missouri filed a similar action to stop a subpoena by
a grand jury petitioned to investigate its clinic in Overland Park.
The grand jury there has ordered 16
records from 2003 of abortions performed at the Comprehensive Health
clinic.
A hearing is set for Feb. 15 before
Johnson County District Judge Kevin Moriarty.
Both clinics say the subpoenas ask
for more information than the state Supreme Court said was allowable
two years ago during an investigation by then-Attorney General Phill
Kline.
Kline is now district attorney of
Johnson County.
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