Tiller's lawyer tells of fears preceding slaying
Saturday, June 13, 2009
RON SYLVESTER
As Wichita lawyer
Dan Monnat prepared to hear a
jury's verdict in late March**, he received notice of the latest
threat against his client, abortion provider George Tiller.
The Sedgwick County Sheriff's Office
had heard a rumor of a plan to throw battery acid at Tiller in the
courtroom if the jury acquitted him on 19 misdemeanor counts of
performing illegal late-term abortions.
Deputies formed a wall behind Tiller
and his defense team and the courtroom gallery.
"It was heroic of them,"
Monnat said. "And I know some of
them may have disagreed with some of the politics involved, but they
had no hesitancy to protect people during the trial."
Little more than a month later, on
May 31, Tiller was dead, shot inside his church.
For the first time since the
shooting, Monnat sat down to
talk about his relationship with Tiller and the five years of legal
battles they fought.
"He was the kind of client who was
always willing to listen to our advice and uncompromising in his
innocence," Monnat said.
The April trial
The jury took only 25 minutes in
April to declare Tiller not guilty of violating a law governing how
doctors obtain second medical opinions on some late-term abortions.
As a spring blizzard began to form
outside, jurors were anxious to be escorted by deputies to their
vehicles. But the six jurors told Judge Clark Owens they wanted to
send Tiller a message.
"They are very happy to know that
there is someone with a clean, safe, secure facility, where women
can have an abortion without having to go to the back alleys or
hotel rooms like they used to," Monnat
remembered the jury's message.
Anti-abortion rights activists had a
different view of the verdict.
"Justice has been denied," Troy
Newman president of Operation Rescue said afterward.
"We are committed to continuing our
efforts to bring Tiller to justice, and we are confident that
justice will one day prevail," added Cheryl Sullenger, also of
Operation Rescue.
Clinic security
The day after Tiller's killing, U.S.
Attorney General Eric Holder ordered increased security for abortion
clinics.
Federal authorities have said they
will investigate a possible conspiracy in Tiller's killing.
Monnat said he noticed a change in
federal reaction to perceived threats at Tiller's clinic after
President Obama took office.
The Freedom of Access to Clinic
Entrances, or FACE Act, authorizes federal authorities to protect
abortion clinics.
"I think there had been other
requests during the previous administration for Dr. Tiller's clinic
to be protected under the FACE Act and nobody had done anything,"
Monnat said.
But when a vandal attacked Tiller's
clinic, Women's Health Care Services, on May 1, Monnat said they got
a different reaction.
Lee Thompson, another of Tiller's
attorneys, contacted federal authorities, who said they would
investigate. But before the investigation could get far, Tiller was
dead and the clinic closed.
The vandalism in May was different
than what the clinic had seen before, Monnat said. Security cameras
and lights were disabled in the parking lot. The roof was tampered
with, allowing rain to seep into the clinic and damage it.
"It showed a little more
cloak-and-dagger planning and sophistication than the other acts of
random vandalism," Monnat said.
Hearing the news
Monnat
is known for working nights and weekends. He was at his desk Sunday
morning, May 31, talking to his partner Stan Spurrier when the phone
rang.
Monnat
made a note of the time: 10:50 a.m. It was Eagle reporter Tim
Potter.
"Dan, I don't know if you've heard
this and I really apologize if I'm the first one to let you know...
have you heard anything?" Monnat
remembered Potter saying.
"No, Tim, what's going on?"
Monnat said.
"Well, I heard Dr. Tiller has been
shot," Potter said.
Monnat
said he thought of the 1993 shooting in which Tiller was wounded.
"I hoped this would be just like the
other one, some crackpot who didn't know how to shoot, and he's just
wounded and will be fine," Monnat
said.
This time, Tiller died.
Monnat
said he called his wife, Grace, who was working at their house, then
called other lawyers who might be in danger.
"Who knew how concerted an attack
this might be?" he said.
Laura Shaneyfelt, a lawyer in
Monnat's office, called police
and asked them to go to Thompson's church. Both Thompson and his
daughter, Erin, had represented Tiller.
"We didn't want something else
happening at... church," Monnat
said.
The lawyers were affected by Tiller's
death.
"You look over your shoulder more
than you used to," Monnat said.
Rhetoric concerns
Since Tiller's death,
Monnat has heard people accuse
anti-abortion groups of contributing to the killing because of their
graphic rhetoric.
Monnat
became familiar with the terms "Tiller the Killer" and references to
the clinic as performing "baby massacres."
But Monnat
remembers a recent trip to London with his 80-year-old father-in-law
from China.
Monnat
said his father-in-law wanted to go to Speaker's Corner in Hyde
Park.
"He told me he'd heard about that in
China, and it seemed unbelievable that there was a place in the
world where you could say what you want without being arrested,"
Monnat said.
Monnat
doesn't favor limiting free speech.
"You don't want to fly off the handle
and make a rash restriction on speech that really is embraced by
First Amendment freedoms that we've fought so hard for," he said.
Still,
Monnat has questions about possible connections between
the shooting and the protests.
Groups including Operation Rescue
immediately denounced Tiller's killing. But a number to contact
Operation Rescue was reportedly found on the dashboard of a car
driven by Scott Roeder, who is charged with first-degree murder in
Tiller's death.
Roeder apparently had multiple
contacts with the anti-abortion group and had attended Tiller's
trial.
Operation Rescue has said Roeder was
not a member of the organization, had not donated money to it, had
not worked as a volunteer and was not active at events.
Monnat
said he wonders whether Roeder was affected by years of
investigations into Tiller's practice by former Attorney General
Phill Kline, and the eventual criminal charges against the doctor.
"The history of targeting Dr. Tiller
as a criminal... makes you realize the awesome power prosecutors
wield," Monnat said.
He pointed to Sedgwick County
District Attorney Nola Foulston, who drew the ire of abortion
opponents when she asked a judge to dismiss the original charges
Kline filed against Tiller.
Foulston wasn't involved in the
subsequent cases.
"As everything played out, she was
right," Monnat said of Foulston.
For five years, Monnat saw Tiller
portrayed as a possible criminal. And he asks:
"Who knows what the motivation of a
hate crime killer is?" Monnat
said. "Is it hate, or is it hate fueled by the perception that
justice has been thwarted by a jury's acquittal?"
**CORRECTION: We originally gave the
wrong month for the Tiller verdict.
Reach Ron Sylvester at 316-268-6514
or rsylvester@wichitaeagle.com.
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