Tiller found not guilty in abortion case
Friday, March 27, 2009
Associated Press
Jurors today acquitted one of the
nation's few late-term abortion providers on charges he violated
Kansas law requiring an independent, second opinion for the
procedure.
Dr. George Tiller was found not
guilty of 19 misdemeanor charges stemming from some abortions he
performed at his Wichita clinic in 2003. Prosecutors had alleged
that a doctor he used for second opinions was essentially an
employee of his and not independent as state law requires.
If convicted, Tiller had faced a year
in jail or a fine of $2,500 for each misdemeanor charge. Tiller, 67,
stared straight ahead as the verdicts were read, with one of his
attorneys patting his shoulder after the decision on the final count
was declared. His wife, seated across the courtroom, fought back
tears and nodded. The couple refused to speak to reporters
afterward.
Tiller's troubles may not be over.
Moments after the verdict was announced, the state's Board of
Healing Arts made public a complaint against Tiller on similar
allegations. The board, which regulates doctors, could revoke,
suspend or limit his medical license, or fine him.
The complaint was filed in December
but not released until today.
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.
Jurors took only about an hour to
reach their verdict after getting the case earlier today.
Tiller claimed the prosecution was
politically motivated. An attorney general who opposed abortion
rights began the investigation into Tiller's clinic, but both his
successor, who filed the criminal charges, and the current attorney
general support abortion rights.
Tiller has been a favored target of
anti-abortion protesters, and he testified that he and his family
had suffered years of harassment and threats. 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.
Dr. Ann Kristin Neuhaus provided
second opinions on late-term abortions before Tiller performed them.
According to trial testimony,
Tiller's patients paid Neuhaus $250 to $300 in cash for providing
the consultation and the only way patients could see her was to make
an appointment with Tiller's office.
Tiller testified that he used Neuhaus
based on advice from his lawyers and from Larry Buening, who was
then executive director of the Board of Healing Arts.
Prosecutors tried to show that Tiller
ultimately relied on his lawyers' advice — an important distinction
because the judge told attorneys before their opening statements
that relying on the advice of an attorney cannot be used as a legal
defense to criminal charges.
Prosecutors also questioned Tiller
about the conversation with Buening, noting that Tiller had
testified that Buening said he couldn't quote him.
Prosecutor Barry Disney asked Tiller
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.
Tiller also testified 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, he said.
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.
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