Posted on Monday, March 23,2009
Defense claims lawyer, Kan. board OK'd referrals
By ROXANA HEGEMAN
Associated Press Writer
The trial of one of the nation's few late-term
abortion providers began Monday with defense attorneys trying to
cast doubt on whether the doctor intentionally broke a state law
requiring that an independent physician sign off on the procedure.
Dan Monnat,
a defense attorney for Dr. George Tiller, told jurors in his opening
statement that Tiller relied on advice from the state medical
board's director and one of his lawyers when he used Dr. Kristin
Neuhaus as a second opinion for some abortions.
Tiller is charged with 19 misdemeanors alleging he
failed to obtain a second opinion for some late-term abortions in
2003 from a physician with whom he had no legal or financial
relationship.
Kansas law allows late-term abortions if two
doctors agree that it is necessary to save a women's life or prevent
"substantial and irreversible" harm to "a major bodily function," a
phrase that's been interpreted to include mental health.
Assistant Attorney General Barry Disney told
jurors in his opening statements that Tiller recruited Neuhaus in
1999, making his Wichita clinic a "one-stop shop" for women seeking
abortions. He said that Neuhaus was essentially an employee of
Tiller, that the two were so close they had a legal and financial
relationship prohibited by the law.
"No one is above the law. It doesn't matter how
just someone feels their cause is," Disney said.
Monnat
told jurors that Larry Buening, then-executive director of the
Kansas Board of Healing Arts, suggested to Tiller in July 1999 that
he use Neuhaus as a second opinion. He said Buening told Tiller the
discussion was "off the record" and told him that if asked about it
he would deny it.
Buening did not immediately return a call from The
Associated Press for comment.
Sedgwick County District Judge Clark Owens noted
earlier in the day that Kansas does not allow ignorance of the law
or advice of counsel as a valid defense. He told attorneys he would
likely uphold any objections prosecutors had to evidence that would
support such arguments.
Monnat
told jurors that the board "recognized and approved" Tiller's
relationship with Neuhaus until 2006, when abortion became a
campaign issue in the attorney general's race.
Disney told the jury that Tiller provided Neuhaus
with legal advice from his attorney, including writing for her the
referral form letter used to provide that second opinion. He said
Neuhaus was paid by patients between $250 and $300 in cash for her
consultations.
"By 2003, Dr. Neuhaus was a full-time consultant
for the defendant," Disney said. "That is all she did. She had no
other job, no other source of income."
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