Posted on Thursday, March 26, 2009
Defense rests in George Tiller's case
BY ROXANA HEGEMAN
Associated Press
Defense lawyers rested Thursday in
the trial of one of the nation's few providers of late-term
abortions, and jurors were told to return Friday.
Dr. George Tiller is on trial in
Sedgwick County District Court 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 two Kansas physicians
without legal or financial ties sign off on any late-term procedure.
After the defense rested Thursday,
jurors were sent home while attorneys hashed out jury instructions
and other issues. Jurors were told to return Friday for closing
arguments.
On Wednesday, testified that he
relied on advice from his lawyers and a Kansas official before
getting second opinions that prosecutors say were illegal.
Tiller recalled a June 1999
conversation with Larry Buening, who was then the executive director
of the Kansas Board of Healing Arts, which regulates doctors. Tiller
testified that Buening suggested he use Dr. Ann Kristin Neuhaus for
second opinions with the caveat he could not be quoted saying it.
Tiller testified Buening implied
Neuhaus could "come down" to his clinic to meet with his patients.
"He said, 'Why don't you use Kris
Neuhaus and that will take care of all of your problems?'" Tiller
testified.
Under cross examination, Tiller said
he relied on what Buening told him but acknowledged he later sought
legal advice from his attorneys. When pressed, he said he ultimately
relied on his attorneys' advice.
That distinction is important to the
prosecution because the judge told both sides before the trial began
that relying on the advice of an attorney cannot be used as a legal
defense to criminal charges.
The attorney whom Tiller consulted,
Rachael Pirner, testified Wednesday that she advised Tiller on what
he needed to do to avoid a legal and financial affiliation with
Neuhaus.
"We relied on the representation of
Larry Buening in giving our advice to our client," Pirner said.
Prosecutor Barry Disney has described
Neuhaus as essentially a Tiller employee whose only income in 2003
came from patients she saw at Tiller's clinic. Disney rested his
case Tuesday after calling Neuhaus as his sole witness.
When Disney questioned Tiller on
Wednesday about the conversation with Buening, Tiller replied: "When
she was working for me - correction, when she was providing
consultations for the patient ..."
Kansas law allows abortions after a
fetus can survive outside the womb only if two independent 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.
Tiller, 67, said Neuhaus had no
financial or legal interest in his clinic and that consultations
were done there for the convenience and safety of the patients and
physicians.
The defense entered into evidence
Tiller's daily planner, which included notes of the conversation
with Buening.
"He said I couldn't quote him,"
Tiller testified. "I made notes of it."
Based on Buening's assurances, Tiller
said, he decided not to file a federal lawsuit challenging the
constitutionality of the statute requiring two Kansas physicians to
sign off on late-term abortions.
Disney questioned Tiller about
whether it was reasonable for him to rely on something that a person
has said he would not back up. Tiller insisted it was.
"It might be embarrassing for it to
be public knowledge," Tiller said.
The prosecution also pressed Pirner
on the stand Thursday over whether Tiller told her at the time that
Buening would not publicly acknowledge that conversation. She said
she did not remember that, and her notes did not indicate it.
But she said she would still have
advised her client to rely on Buening's assurances had she known
because the Buening and Tiller had "a relationship that goes back
for quite a ways." Pirner said she felt Buening had the authority to
tell a physician what he was doing legal.
Tiller testified that he and Neuhaus
agreed in 1999 that she would charge patients $250 for consultations
and come to his clinic one day a week. He wrote in his planner that
day: "Kris glad to do this. Needed the money."
He said that in about five cases each
year, Neuhaus would disagree with him about the necessity of a
late-term abortion. When she declined to concur, the abortion was
not done, Tiller testified.
Tiller estimated that he performed
250 to 300 late-term abortions in 2003, each costing an average of
$6,000.
Tiller said he is one of three
doctors in the U.S. who currently perform late-term abortions. The
others are in Boulder, Colo., and Los Angeles, he said.
He also told jurors that he and his
family have suffered years of harassment and threats from
anti-abortion protesters. His clinic was the site of the 1991
"Summer of Mercy" protests marked by mass demonstrations and
arrests. His clinic was bombed in 1985, and an abortion opponent
shot him in both arms in 1993.
He said federal marshals protected
him during the 1991 abortion protests and from 1994 to 1998, after
another abortion provider was assassinated and federal authorities
reported finding his name on an assassination list.
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Case is State v. Tiller, No. 07CR2112 in Sedgwick County.
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