Jury finds George Tiller not guilty
March 28, 2009
BY ROXANA HEGEMAN
Associated Press
George Tiller was acquitted Friday of misdemeanor charges stemming
from late-term abortions he performed, but moments after the verdict
was announced the state's medical board announced it was
investigating similar allegations against him.
Prosecutors had alleged that in 2003
Tiller had received second opinions from a doctor who was
essentially an employee of his, not independent, as state law
requires. But a jury took only about an hour to find him not guilty
of all 19 counts.
Tiller, who could have faced a year
in jail for even one conviction, 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
declined to speak to reporters afterward.
An attorney for Tiller,
Dan Monnat, said the doctor was
relieved but noted that he still faces opposition from anti-abortion
groups.
Prosecutor Barry Disney said it was
"a case that needed to be tried for the community, for everyone to
have resolved."
Tiller, 67, has claimed that the
prosecution was politically motivated. Phill Kline, an attorney
general who opposed abortion rights, began the investigation into
Tiller's clinic more than four years ago. But both his successor,
who filed the criminal charges, and the current attorney general
support abortion rights.
Mary Kay Culp, executive director of
Kansans for Life, said abortion opponents were never confident that
Tiller would be prosecuted aggressively enough by Steve Six, the
current attorney general.
"Even if Tiller had been found
guilty, he would have appealed to the Supreme Court," Culp said,
noting that four of the Kansas high court's seven justices were
appointed by Democratic Gov. Kathleen Sebelius, who supports
abortion rights.
Soon after the verdict was announced,
the state's Board of Healing Arts made public a complaint against
Tiller on allegations similar to those at issue in the criminal
case. The complaint was filed in December but not released until
Friday.
The board, which regulates doctors,
could revoke, suspend or limit Tiller's medical license, or fine
him.
Monnat
said they have known about the pending administrative matter since
it was filed. He said that in many respects it mirrors the criminal
accusations of which Tiller was found not guilty.
"With Dr. Tiller's acquittal today,
we will now be able to give our full attention and cooperation to
the Board of Healing Arts in order to work together toward a similar
resolution of this administrative matter,"
Monnat said.
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 woman's life or prevent
"substantial and irreversible" harm to "a major bodily function," a
phrase that has been interpreted to include mental health.
Physician Ann Kristin Neuhaus
provided second opinions on late-term abortions before Tiller
performed them.
The complaint before the healing arts
board cites 11 late-term abortions Tiller performed in 2003 on
patients ranging in age from 10 to 18. It alleges that Tiller and
Neuhaus had financial or legal ties that violated the law.
Board spokeswoman Kristi Pankratz
said the agency would move forward with the disciplinary petition
despite Tiller's acquittal. No hearings have been scheduled yet, she
said.
According to testimony at his
criminal trial in Wichita, Tiller's patients paid Neuhaus $250 to
$300 in cash for providing the consultation. The only way patients
could see her was to make an appointment with Tiller's office.
In closing arguments, prosecutors
portrayed Tiller as a smart businessman who intentionally created an
illegal relationship with Neuhaus to make his clinic a "one-stop
shop" for late-term abortions. The defense sought to show he was a
caring physician concerned about the convenience and safety of his
patients.
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. They also questioned Tiller about the
conversation with Buening, noting that Tiller had testified that
Buening said he couldn't quote him.
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.
Kline, the former attorney general
who started the investigation, expressed frustration at the
prosecutors who tried the case, noting that their only witness was
Neuhaus.
"You do not win cases nor achieve
justice by calling one witness and ordering your staff not to
initiate any additional effort to gather evidence," Kline said in a
written statement.
But Disney said his office thoroughly
investigated the case and obtained all of Tiller's bank records and
other available evidence.
"We presented all the evidence that
there was," he said.
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