Posted on Tuesday, March 24,2009
Physician says she didn't work full-time for George Tiller
BY RON SYLVESTER
The Wichita Eagle
The prosecution's only witness said Monday she did
not have a full-time business relationship with Wichita abortion
provider George Tiller.
The denial strikes at the main issue that has
Tiller on trial in Sedgwick County District Court, charged with 19
misdemeanors.
Prosecutor Barry Disney indicated that Kristen
Neuhaus changed her story from what she told another assistant state
attorney general more than two years ago.
Neuhaus said that prosecutor Steve Maxwell -- a
deputy to then-Attorney General Phill Kline -- so harshly
interrogated her during a secret hearing that she's not sure what
she said.
That marked the first day's testimony in the case
against Tiller in a trial to decide whether he violated a Kansas law
regulating late-term abortions.
The trial is being watched by abortion opponents
across the country.
"This is the biggest trial in the history of
Kansas," Pat Mahoney of the Christian Defense Coalition, Washington
D.C., told some two dozen people in front of the Courthouse on
Monday morning.
Tiller is charged with having an improper business
relationship with Neuhaus during 19 late-term abortions in 2003.
Tiller is charged with 19 misdemeanors, one for each of those
abortions.
"I would be asked to evaluate the patients and see
if their pregnancy constituted a substantial and irreversible threat
to their health," Neuhaus testified.
That wording --"substantial and irreversible" --
is important. By law, two physicians must make that determination
before a woman can undergo an abortion in cases where the fetus
could survive outside the womb.
Both sides agree that all 19 of the abortions in
question were performed after Tiller had determined the fetus was
viable and that the pregnancy put the mother's mental or physical
health in danger.
Each time, Neuhaus signed off as the second
opinion.
Neuhaus testified she began doing such consulting
on late-term abortion cases at Tiller's Women's Healthcare Services
Clinic in Wichita in 1999.
"Would you agree that right around 2003 that you
became a full-time consultant for the defendant?" Disney asked.
"No, I did not," Neuhaus said.
On Dec. 8, 2006, Maxwell asked Neuhaus the same
question during an investigation into Kansas abortion clinics.
"This was the years right after he was shot,"
Neuhaus said in a transcript Disney showed to the jury. "I became a
full-time consultant."
"I did use that word," she said Monday.
But she said she misspoke.
"I was the only one doing consultations," she
said. "I should have said 'only.' "
Neuhaus said her 2006 testimony came during a
contentious hearing as part of what prosecutors term an inquisition.
That's an investigation into whether a law has been broken.
"I was being interrogated for four hours," she
said. "I was probably distraught. I don't know why I said some of
these things."
Neuhaus, who ran a medical practice in the
Lawrence area, said she only came to Wichita to do consultations at
Tiller's clinic once a week for half a day.
"I wouldn't call that full-time," she said.
To convict Tiller, the state must show that he had
an improper legal or financial relationship with Neuhaus.
"This case isn't about abortion," Disney told the
jury in his opening statements Monday morning.
It's about their business relationship, he said.
"It's about this defendant intentionally setting
up this relationship, so he could continue business as usual,"
Disney said.
Tiller is one of the few doctors in the world who
performs late-term abortions, his lawyer
Dan Monnat said in his opening address.
Monnat
contends Tiller did not pay Neuhaus or control her medical opinions.
Although she visited with patients at the Wichita clinic, she
sometimes did not sign off on Tiller's original diagnosis, Monnat
said.
"The evidence will show that the prosecution's
theory makes no legal, medical or common sense,"
Monnat said.
The jury may not get to consider
Monnat's theory for the defense,
however.
Sedgwick County District Judge Clark Owens took
under advisement how he would rule on
Monnat's defense that Tiller was acting on advice from
his lawyer at the time and the Kansas Board of Healing Arts.
Monnat said the state's medical licensing
board recommended Tiller use Neuhaus for his second opinions in
1999. Tiller's then-lawyer, Wichita attorney Rachael Pirner, agreed.
Neuhaus had been working as an abortion provider
in the Lawrence and Kansas City areas since the mid-1990s.
Monnat said
the state can't prosecute someone for a crime for following its
recommendation.
Owens said the law allows advice of counsel or
"ignorance of the law" to be used as a defense in a limited number
of cases.
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