Posted on Wednesday, March 25, 2009
Prosecution rests case in Tiller abortion trial
BY ROXANA HEGEMAN
Associated Press
Prosecutors rested their case Tuesday
against abortion provider George Tiller after calling as their lone
witness the consulting physician who provided the second opinion
required by Kansas law for late-term abortions.
Tiller's lawyers were to begin
presenting their evidence today. They will try to show that Tiller
had no improper financial or legal connections with Ann Kristin
Neuhaus, from whom he regularly sought second opinions on late-term
abortions.
The defense moved for an acquittal
after the state rested Tuesday, arguing the prosecution failed to
present enough evidence to support a guilty verdict.
Sedgwick County District Judge Clark
Owens rejected the motion, finding there was adequate evidence of
financial ties between Tiller and Neuhaus to send the question to
the jury. Owens questioned the adequacy of evidence of a legal
affiliation between the doctors, but said he would address that
matter in jury instructions.
Tiller went on trial Monday on 19
misdemeanor charges stemming from abortions he performed at his
Wichita clinic in 2003. He is accused of breaking a state law
requiring that an independent Kansas physician sign off on any
late-term abortion.
Prosecutors described Neuhaus as
essentially a Tiller employee whose only income at the time came
from patients she saw at Tiller's clinic.
The defense argued she only came to
his clinic for the convenience and safety of patients, pointing out
she paid for her own expenses, such as malpractice insurance and
travel costs. Tiller's patients paid Neuhaus a cash consultation fee
of $250 to $300.
Prosecutors on Tuesday tried to cast
doubt on Neuhaus' testimony that such consultations were common
between physicians by bringing up a discussion she had with Tiller
about her fees when he was recruiting her. The prosecution was
trying to show that independent physicians don't discuss their fees
with other doctors for referrals.
But Neuhaus insisted she could not
remember whether she had ever discussed with Tiller her consulting
fee, even after being shown notes Tiller purportedly took during a
conversation over her fees.
Neuhaus acknowledged in later
testimony that she had "an agreement" with Tiller whereby she would
charge patients an agreed amount and he would start referring his
abortion patients to her.
Neuhaus first testified about her
relationship with Tiller in a 2006 inquisition under a grant of
immunity from former Attorney General Phill Kline, whose
investigation of Tiller formed the basis for the current charges
against him.
The current attorney general, Stephen
Six, also granted her immunity two months ago.
Under cross-examination by defense
attorney Dan Monnat, Neuhaus
said she sometimes declined to concur with a late-term abortion. She
testified she was not aware of any abortion that Tiller performed
after she refused to consent to it, but added she would have no way
of knowing.
Neuhaus acknowledged that she had
restrictions on her medical license after a disciplinary complaint
was filed, but jurors were told few details other than it involved
anesthesia practices.
Neuhaus was accused in 2001 of
performing an abortion after a patient withdrew permission. Under an
agreement with the State Board of Healing Arts, she changed her
consent forms and addressed the board's concerns about how she kept
records and administered sedatives.
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