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December 2009

KSN Wichita, KS  December 31, 2009  Charges may come in case of missing boy
KSN has learned that prosecutors are still planning charges against the adoptive parents of a missing Butler County boy. Adam Hermann disappeared from a Towanda mobile home park in 1999, but authorities didn't find out about it until December of 2008. "This case is still under serious consideration for charging,” said Butler County Attorney Jan Satterfield.

KSN spoke to Dan Monnat, Doug Herrman's attorney. Monnat says he doesn't expect charges against his client because he is innocent of any wrong-doing. for complete story & video click here

KSN  Wichita, KS  December 12, 2009 Street Racing Charges

A fiery crash, one man dead. Police say illegal street racing is to blame.  But is this murder? Police said so, but prosecutors get the final say. The answer is "no."  Prosecutors say in the end, they could not seek murder charges for the death of a man that was racing another car that crashed, killing the driver.  Attorney Dan Monnet says such charges are often too hard to prove.

"Causality would always be the problem.  Here, no one alleges that one car hit the other car or that one car ran the other car off the road.  In short, it is difficult to find any act here caused by the first driver that caused the death of the other driver," said Monnat.   Click here to see video.

October 2009

KSN Wichita, KS October 23, 2009 Law and Order Episode to Mirror Tiller Murder
Friday night’s episode of Law and Order will hit close to home for Wichitans.

In it, an abortion provider is shot in the head and killed while at his church. It, of course, is how Dr. George Tiller died back in May.

Tiller family attorney Dan Monnat says he’s worried about the message the episode may portray.

“If this episode demonizes the abortion provider or glorifies the assassin, then of course we remain concerned that in the name of advertiser profits these kinds of television shows embolden and encourage those bent on physically harming abortion providers and their supporters,” Monnat said.

The trial of Scott Roeder, the man accused of killing Tiller, is scheduled to begin January 11th.

March  2009

KWCH Wichita, KS June 15, 2009 Charges Dropped in Child Sex Case
by Cindy Klose

Prosecutors drop the case against a Wichita school assistant principal who was accused of raping a six-year-old child.

Robert Baker retired from Cloud Elementary earlier this year, after he was charged with rape and indecent liberties.

The allegations surfaced in March.

His attorney says Baker is relieved and understands a child's accusations must be taken seriously and investigated. Attorney Dan Monnat said there apparently wasn't medical evidence to support the charges.

Monnat told Eyewitness News, "Mr. Baker now looks forward to his retirement with a renewed sense of trust in our justice system."

KSN June 15, 2009  Charges Dropped Against Former Wichita Assistant Principal

WICHITA, Kansas - Charges have been dropped in Wichita against a former Cloud Elementary Assistant Principal accused of sex crimes against a six year old.

Robert Baker was arrested in February and charged with one count of indecent liberties with a child and one count rape. Court documents said the victim was a six year old, and that the alleged crime happened at Cloud Elementary.

Baker's attorney Dan Monnat said the state realized the evidence did not show a crime occurred, causing the district attorney to drop the charges.

"When a child makes an accusation of abuse, it must be taken seriously and investigated thoroughly," Baker's attorney Dan Monnat said. "He's, appreciative here that follow-up investigations made the state realize what he has maintained all along...that he is innocent of any wrongdoing."

Baker has since retired from the school district.

KMBC Kansas City  March 30, 2009  Sheriff: Enough Evidence To Charge Parents
Adam Herrman, 11, Disappeared In 1999 From Mobile Home Park

EL DORADO, Kan. -- The Butler County sheriff said Monday he thinks his office has found enough evidence to charge the adoptive parents of a boy whose disappearance went unreported for nearly a decade.

However, no one has been charged in the case of Adam Herrman, and Sheriff Craig Murphy stopped short of speculating what charges should be filed. Butler County Attorney Jan Satterfield did not immediately return messages seeking comment Monday.

Adam's adoptive parents, Valerie and Doug Herrman, could not be reached for comment. They currently live in Derby.

Valerie Hermann's attorney, Warner Eisenbise, declined to comment. However, Eisenbise previously has said that the Hermanns are innocent, that the boy was a frequent runaway, and that they didn't report his disappearance out of fear the state would take him and other children away from them.

Dan Monnat, the attorney representing the boy's adoptive father, said his client did not cause any harm to Adam.

"We understand the prosecutor is looking at the investigation and we are confident she will come to the same conclusion," Monnat said.

Then-11-year-old Adam disappeared in 1999 from a mobile home park in Towanda, about 25 miles northeast of Wichita.

Murphy said investigators last week turned over the bulk of their findings in the case to Satterfield.

"Jan is going to move very cautiously," Murphy said during a news conference.

Searchers found no human remains, but the sheriff declined to discuss what evidence they had uncovered.

"Is he or isn't he dead? And from the bottom of my heart, guys, I can't make that call because I don't know," Murphy told reporters. "I wish I could make that call, but I can't."

Murphy said the focus of his investigation continues to be on Adam's adoptive parents. He said the investigation is continuing.

Tiffany Broadfoot, the boy's biological 22-year-old sister, said she hopes charges will be filed.

"I hope justice is served because I feel Adam deserves that," Broadfoot said in a phone interview from her home in Wichita. "I am a little bit hopeful that maybe now charges will be filed and something will be found out instead of having no answers now at least we will know something."

Adam's disappearance became known late last year after his older, adoptive sister voiced concerns about him to authorities. Investigators said they could find no records or indication that Adam was still alive.

The Kansas Department of Social and Rehabilitation Services has confirmed that Adam was in protective custody for two days in 1996 after a report of physical abuse. He was returned to the Herrmans after authorities reviewed the evidence and found the report unsubstantiated. The agency declined to discuss other reports.

A Butler County judge has blocked release of Social and Rehabilitation Services records until authorities determine whether the boy has died or nearly died.

KSN March 27, 2009 Jury: Tiller not guilty on all counts

WICHITA, Kansas – It took years to bring the case to trial, but it took a jury less than an hour of deliberating to find Dr. George Tiller not guilty of the 19 charges he faced for allegedly breaking Kansas’ late-term abortion law.

“We’ve just been looking for someone brave enough to say 'this has to stop, Dr. Tiller is not guilty' and now we’ve found those six brave people in the jury that reached a verdict of not guilty on all counts,” said Tiller’s attorney, Dan Monnat.

Under Kansas law, before a late-term abortion can be performed, a second, independent doctor must provide a second opinion. Prosecutors maintained the doctor he used negotiated her fee with him and used his office, making her an employee incapable of providing and independent opinion. It was an argument quickly rejected by jurors.

“The facts were pretty much undisputed, the question is did it amount to a financial affiliation and I’m not surprised the jury didn't need a lot of time; they had all week to think about it,” said Prosecutor Barry Disney.

Since jury selection began two weeks ago, right to life activists held a prayer vigil outside the Sedgwick County Courthouse. Movement leaders admit for them, the verdict is profoundly disappointing.

“I have to be candid -- if we won this case it would’ve sent a ripple effect through the movement and energized our movement in a way the likes we haven’t seen in 20 years,” said Rev. Patrick Mahoney with Christian Defence Coalition.

Tiller still faces disciplinary action from the Kansas Board of Healing Arts. It is investigating 11 complaints of fraud and misconduct against him. If found guilty, Tiller could still lose his medical license.

KWCH March 27, 2009  Dr. George Tiller found not guilty

A jury has acquitted one of the nation's few late-term abortion providers of violating Kansas law requiring an independent second opinion for the procedure.

But moments after the verdict was announced Friday, the state's medical board made public a complaint against Dr. George Tiller on similar allegations.

Tiller was acquitted Friday 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.

"We knew going in that this was a challenging case to prosecute under an untested statute, the Kansas Attorney General's office said in a statement. "The Attorney General's Office is confident the case was prosecuted as well as it could have been. The evidence was presented and a jury of citizens rendered a verdict. We respect the jury's decision."

Tiller now faces a complaint before the State Board of Healing Arts, which could revoke, suspend or limit his medical license, or fine him.

The complaint includes 11 counts. Alleged violations include performing an abortion on a fetus that was viable without having a documented referral from another physician not legally or financially affiliated with him; unprofessional or dishonorable conduct or professional incompetency; and commitment of acts likely to deceive, defraud or harm the public.

A pre-hearing conference will be scheduled which will then be followed by a hearing.. No dates have been scheduled. Following the hearing, the presiding officer will issue an initial order. That initial order will then be reviewed by the Board of Healing Arts, who will then issue a final order regarding whether or not to take disciplinary action against Dr. Tiller.

The disciplinary case is separate from the criminal one. Dr. Tiller's has had a Kansas license since 1968.

KSN March 25, 2009   Dr. George Tiller has taken the stand in his own defense

Wednesday morning Tiller’s attorney, Dan Monnat, asked him if Dr. Ann Neuhaus had any share of his business. Tiller said she did not.

Dr. Neuhaus was the doctor he went to for an independent second opinion before performing late-term abortions.

The defense is trying to show there was no legal or financial agreement between the two doctors.

Watch The Video

KSN  March 24, 2009  Dr. declared hostile witness
WICHITA, Kansas – Before court broke for lunch Tuesday, Dr. Ann Neuhaus was declared a hostile witness. Dr. Neuhaus is the state’s star witness in the trial of Dr. George Tiller. He is one of the state’s few late-term abortion providers.

Dr. Neuhaus was the doctor he went to for a second opinion before the abortions were performed, but prosecutors allege she and Tiller had a financial and legal relationship.

Prosecutors said she was being combative in court on Tuesday and the judge agreed. Having her declared as a hostile witness will allow the prosecution to ask more probing questions.

Dan Monnat, Tiller's attorney, asked Dr. Neuhaus, "Do you think you are innocent of any crime?"

"Yes I do." replied Dr. Neuhaus.

The defense tried to have Tiller acquitted Tuesday afternoon, saying there just simply wasn't enough evidence of a financial relationship between he and Neuhaus. But the judge denied that request.

The trial will resume on Wednesday with the defense expected to call at least one more witness.

watch video

KAKE March 25, 2009 Dr. Tiller Testifies In His Own Defense
Dr. Tiller tells jurors he never paid Dr. Neuhaus for her services. He says Dr. Neuhaus was only paid by the patients she saw. He also tells jurors she sometimes disagreed with the need for a late-term abortion, and would not give the consent required by law from a second physician.

Tiller says when he first spoke with Neuhaus, she told him she was available for consultation and "would be happy to do this. She needed the money," he said.

However, Tiller says at no time did that mean they were financially or legally connected. She was paid by her patients, and not his clinic.

When asked if he ever had any reason to believe he or Dr. Neuhaus shared a financial connection, Dr. Tiller said "no."

However, on cross-examination from prosecutors, Tiller agreed aspects of his professional dealings with Neuhaus did evolve over the years. Prosecutors, who believe Tiller controlled when and where Neuhaus saw his patients, point to the fact Neuhaus stopped driving to the clinic when called, and was in a regular routine of showing up one day a week by 2003.

Prosecutors also point out Larry Buening denies any conversation ever took place regarding Dr. Neuhaus as a consulting doctor.

Judge Owens calls for a lunch break. Court will resume at 1:30 this afternoon.

10:00 AM Update

Dr. Tiller tells jurors his practice began performing abortions after the 1973 Roe v. Wade Supreme Court decision. In the 80s, he said there were several doctors in town performing abortions, but the numbers began to wane as protestors began picketing and harassing physicians.

Attorney Dan Monnat asks if Dr. Neuhaus ever had a stake in Dr. Tiller's clinic during her time as his consultant. Tiller says no.

Tiller says there are only two or three clinics in the country currently providing late-term abortions. One is in Colorado, another in Los Angeles, and then there is his.

Tiller says he is a member of a number professional medical associations.

Monnat asks why so few doctors perform abortions now. Tiller says it's because of the threat to the doctor's families, themselves and their lives. He recounts how his clinic was bombed in 1986. "It takes people who are dedicated to the care of women and their health care rights after such a bombing," Tiller says. The bombing caused around $100,000 in damages.

KSN  March 15, 2009  George Tiller faces trial
WICHITA, Kan. (AP) -- For abortion opponents, the trial of one of the nation's few late-term abortion providers has been a long time coming, a chance for a little bit of justice after years of seeing their efforts thwarted.

To abortion-rights supporters, Dr. George Tiller's trial set to begin Monday is the culmination of repeated harassment, a witch hunt in which his foes have been willing to do anything and everything to gain a conviction.

Tiller and his Wichita clinic have been regular targets of anti-abortion demonstrations, including the 45-day "Summer of Mercy" event staged by Operation Rescue in 1991. His clinic was damaged by a pipe bomb in 1986, and in 1993 a protester shot him in both arms.

Abortion opponents contend Tiller illegally aborts fetuses that could survive outside the womb. Kansas law allows late-term abortions if two 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 is charged with 19 misdemeanors alleging he failed to obtain the required second opinion from an independent physician that a late-term abortion is necessary. If convicted, the Wichita physician could face a year in the county jail or a fine of $2,500 for each charge.

Sedgwick County District Judge Clark Owens has set aside three days, beginning Monday, for jury selection. Opening arguments and trial testimony are set to begin March 23.

Defense attorney Dan Monnat said he could not comment on specific trial evidence. "But we can say this: Dr. Tiller is innocent," Monnat added. "We expect the prosecution's evidence and any defense evidence to make that very, very clear."

Prosecutors contend Tiller had a financial relationship with the doctor he relied upon for his second opinion that an abortion is necessary, in violation of Kansas law. They expect to present their case in one day, and could call that physician, Dr. Ann Kristin Neuhaus of Nortonville, who has been granted immunity from prosecution.

"We are treating this case just like any other criminal case," said Ashley Anstaett, spokeswoman for Attorney General Steve Six, a Democrat who supports abortion rights.

Abortion opponents and abortion-rights activists plan to be out in full force for the trial.

Trucks emblazoned with graphic images of aborted fetuses are set to arrive at the courthouse an hour before jury selection starts. Operation Rescue President Troy Newman said the activists are not trying to influence jurors. Instead, he said, "We are hoping God will influence them."

Abortion-rights supporters plan to counter with their own demonstrations.

"This is just a continuation of the dog-and-pony show in trying to shut down (Tiller's) Women's Health Care Services (clinic) and trying to make women's reproductive health care inaccessible," said Julie Burkhart, a lobbyist with ProKanDo, a political action committee Tiller formed in 2002.

Opponents twice tried unsuccessfully to get grand juries to indict Tiller. Kansas is one of only six states that allow citizens to petition to create a grand jury.

They also watched as another case - brought by a former state prosecutor - was tossed out on jurisdictional grounds. Although that case was different than the current one, the medical records gathered by former Attorney General Phill Kline, a Republican, formed the basis of both prosecutions.

The current case has survived numerous legal challenges, mainly over the way in which Kline handled his investigation, which Tiller's attorneys contended was unconstitutionally selective and relied on evidence gathered illegally.

Even as Tiller's trial begins, abortion foes are pushing two bills in the Legislature.

One would require the State Board of Healing Arts, which regulates Kansas doctors, to revoke a medical license for just one misdemeanor conviction of the late-term abortion law, unless two thirds of the board decides otherwise. Under current law, the board may revoke a license after just one conviction, but it does not have to.

While Burkhart said the bill "was written specifically" for Tiller, Kathy Ostrowski, state legislative director of Kansans for Life, said it would not affect this case because the charges were filed under the current law.

"As it stands today, the board can use even one misdemeanor conviction to investigate revocation of his license," she said. © 2009 The Associated Press. All rights reserved.

watch video

February  2009 

KSNW/MSNBC February 21, 2009 Last search for evidence in Adam Herrman case concludes
BUTLER COUNTY, Kansas - Butler County authorities conducted their last planned search for clues in the disappearance of Adam Herrman, a Towanda boy who went missing nearly 10 years ago.

Authorities began searching the area around the Towanda mobile home park where Adam lived when he went missing for the third time Saturday at 10 a.m. The search only lasted a short time on Saturday. It was the fourth search of the area in the last couple months.

"We've done everything we can do out here," said Butler County Sheriff Craig Murphy.

The County Attorney told KSN news last month her office would not need a body to file murder charges in the case. Sheriff Murphy said he continues to meet with prosecutors regularly about the case, including a two meeting on Monday.

Murphy said it will be up to her to decide if they have gathered enough evidence to bring the case to court.

"It becomes legal maneuvering so to speak from her stand point," said Murphy. "What do I need to prove my case to a jury?"

The Herrmans maintain they are innocent, claiming Adam ran away in 1999 and they didn't report him missing out of fear they would lose their other foster children.

"Prosecutors and judges need to be very careful not to mistake a disappearance with a homicide case", said Doug Herrman's attorney Dan Monnat. "Prosecuting a homicide case without a body poses a grave risk of conviction of an innocent person."

Doug and Valerie Herrman are now represented by separate attorneys.

KAKE February 21, 2009 AG's Office: Mailed Abortion Files Should Not Affect Case
The attorney general's office acknowledges documents from an investigation of Kansas abortion clinics should not have been mailed to former prosecutor Phill Kline's new address in Virginia.

But the office says the mailing shouldn't halt the criminal case against Dr. George Tiller, who is accused of violating the state's late-term abortion law.

On Thursday, defense attorney Dan Monnat filed documents in court accusing Kline of gross misconduct. Monnat says Thursday's filing builds on previous documents and evidence submitted to a judge earlier this year.

Monnat is seeking that misdemeanor charges against Dr. Tiller be dropped. Prosecutors accuse Tiller of failing to consult with a second, financially independent doctor before performing late-term abortions at his East Wichita clinic.

The files that were mailed to Kline were returned to the Johnson County District Attorney's office because of an insufficient address. Kline left office in January, and is now teaching at a college in Virginia.

KSN February 15, 2009  Jurors return to a southeast Kansas courtroom to decide the fate of Justin Thurber.
The penalty phase of Thurber's trial is scheduled to begin Monday in Cowley County District Court, where he was convicted of capital murder Thursday in the death of Jodi Sanderholm. Jurors spent just over three hours deliberating Thurber's guilt or innocence.

The 25-year-old Arkansas City man could face the death penalty in the kidnapping, rape and strangulation of Sanderholm. Thurber was also found guilty of aggravated kidnapping.

Sanderholm, a 19-year-old Cowley College student, was found dead in a wildlife area near Arkansas City in January 2007.Watch The Video

January 2009   
KSN January 17, 2009 DA: Hermans are suspects in Adam's disappearance
By Justin Kraemer

EL DORADO, Kansas (KSN) -- Butler County's top prosecutor says the adoptive parents of an 11 year old boy who vanished ten years ago are suspects in his disappearance and could face murder charges even if police never find his remains.

"There's been no record of him for ten years," said District Attorney Jan Satterfield. "That means something in my mind. It’s not as if he's been a short period."

No one has seen Adam Herrman alive since 1999. His adoptive parents Doug and Valerie Herrman have told police he ran away after she spanked him with a belt and they never reported him missing out of fear they would lose their other adopted children over claims of child abuse.

In the last week, deputies have searched the lot in Towanda where the Herrman's trailer stood when the family lived there at the time of his disappearance. They've also searched fields on the outskirts of town looking for any trace of Adam.

"You need to be searching, getting the word out," said Satterfield. "If he's alive you need to exhaust all resources trying to find him."

Satterfield said even if no body is ever found it is still possible for the Herrman's to be prosecuted on murder charges.

"Yes, it’s rare," said Satterfield. "Understand he hasn't been seen in 10 years. It hasn't been 2 weeks or 2 years."

While public pressure has been mounting to move the case forward and hold someone accountable, Satterfield said police and prosecutors will take their time building a case. She said if and when charges are brought against the Herrmans her office will present its entire case at once.

Records show Valerie and Doug Herrman continued to collect money from the state for their foster care of Adam for years after he disappeared. Satterfield said her office will hold off on theft or fraud charges until the investigation is complete because of concerns about double jeopardy and constitutional due process laws.

Satterfield said if her office convicts the Herrmans of child abuse it may make it difficult to charge them with murder charges related to the abuse because of double jeopardy.

"We're not going to respond to the public pressure," said Satterfield. "We're going to do the right thing and these things take time."

The Wichita Eagle is reporting the Herrmans are now represented by different attorneys. Both had been represented by Warner Eisenbise of Wichita. Doug Herrman is now being represented by Dan Monnat according to the Eagle.

MSNBC & KSNW January 7, 2009 Ex-AG's former lover testifies in abortion case
WICHITA, Kansas (AP) - An attorney for abortion provider George Tiller tells a judge that the current Kansas attorney general can't sanitize his predecessors' conduct in investigating the doctor. But prosecutors argued Wednesday that the defense failed to prove in a pretrial hearing that the ex-mistress of former Attorney General Paul Morrison persuaded him to file charges against Tiller.

The Wichita doctor faces 19 misdemeanor counts alleging he failed to obtain a second opinion for some late-term abortions from an independent physician. Tiller's defense attorneys argued the charges should be dismissed or evidence thrown out, saying that both Morrison and former Attorney General Phill Kline mishandled the case. Watch the video 
 
WIBW January 6, 2009
Ex-AG's Affair an Issue in Kansas Abortion Case
AP WICHITA, Kan. (AP)An extramarital affair that ended former Attorney General Paul Morrison's political career is an issue in court. It has become part of the criminal case against abortion provider Dr. George Tiller of Wichita.

Tiller's attorneys are attacking his prosecution. They returned to Sedgwick County District Court Tuesday for a pretrial hearing. They already have suggested Morrison was influenced to file charges against Tiller by his former mistress, Linda Carter. Now they are suggesting that former Attorney General Phill Kline also knew about the affair before Morrison filed his charges. Defense attorneys have described Carter as influenced by Kline. Kline declined comment.

November 2008

KWCH November 24, 2008  State Expected to Drop Murder Charges
After more than three years and two trials, prosecutors dismiss murder charges against a western Kansas couple.

In 2005, Chad and Shannon Floyd were accused of killing Michael Golub in Johnson City in Stanton County. Authorities never found Golub's body. He was supposed to pick up his son after working in the field, but never showed up.

Two trials ended in a hung jury.

Defense attorney Dan Monnat released this statement at a news conference Monday: "Chad and Shannon Floyd are innocent of any crime. Today's dismissal of all charges is recognition of that. Chad, Shannon and their families are greatly relieved that the prosecutors have finally come to their senses and realized that they cannot convict this innocent couple, and that a third month-long trial would do much more harm than good to this community," says Monnat.

KWCH November 21, 2008  State Expected to Drop Murder Charges
After more than three years and two trials, prosecutors are dismissing murder charges against a western Kansas couple.

That's according to the couple's defense attorney, Dan Monnat. In a statement released Friday, Monnat says the Attorney General's Office is expected to dismiss the charges on Monday.

"Chad and Shannon Floyd have waited more than three long years to be cleared of these accusations, and Monday's dismissal hearing can't come soon enough for them or their families. The Floyds are innocent, and they are anxious to put these trials behind them and move on with their lives," says Monnat.

Chad and Shannon Floyd were accused of killing Michael Golub in Johnson City in Stanton County. Authorities never found Golub's body. Two trials have ended in a hung jury. Eyewitness News is working to confirm the dismissal through the Attorney General's Office.

KSN November 21, 2008  Attorney:  Floyd Murder Charges to be Dismissed
STANTON COUNTY, Kansas – After two hung juries and vows to try the case again, the Kansas Attorney General is now saying the state is dismissing all charges against Chad and Shannon Floyd. The couple was arrested three years ago. They’ve been through two trials, but after a judge approves a motion on Monday, they’ll be free and clear of all murder charges.

The plot line plays out like a crime novel set in the small western Kansas town of Johnson City. With the population of just 1,500, everybody knows everybody.

“I have friends on the Golub’s side and relatives on the Floyd’s side,” said Johnson City resident Marie Winger.

The victim, Michael Golub, went missing, but his body was never found.

“If it had been their child what would they think, let’s hope that they see it our way,” said Deb Golub, Michael’s mother.

The accused, Shannon and Chad Floyd, are members of a prominent Johnson City family. High-profile Wichita attorney Dan Monnat was hired for the defense.

"This is a case built only on rumor, speculation and coincidence,” Monnat said. “There was never any serious proof of Chad and Shannon Floyd’s guilt."

The case was prosecuted by the Kansas Attorney General’s office, which claimed the Floyds killed Golub, Shannon’s ex-boyfriend, to get him out of the picture during a bitter custody battle.

The prosecution presented DNA evidence that linked blood found on the Floyd’s porch to Gulob, but they couldn’t get a jury to convict. Two trials both resulted in a hung jury. Prosecutors originally said they would try the case again. But now there is a motion for the case to be dismissed.

“Chad and Shannon Floyd are innocent and they have waited over three long years to be cleared of these accusations,” Monnat said. The motion does, however, allow prosecutors to re-file charges if new evidence is discovered. Watch The Video

KAKE  November 18, 2008 Tiller Motion Hearing: Day 2
Defense attorney Dan Monnat continues laying the groundwork for his claim that charges against Tiller should be dismissed or evidence in the case suppressed ... click here to read story and see video

September 2008

KAKE September 15, 2008  Tiller Files Motion to Dismiss
Wichita Dr. George Tiller today filed a 154-page motion to dismiss criminal charges against him citing a lengthy history of unethical and illegal misconduct by former Attorney General Phill Kline.

Dr. Tiller has been charged with misdemeanor offenses in Sedgwick County based on documents previously obtained by Kline. The motion alleges selective investigation and states that the prosecution has been “irreparably tainted” by official misconduct, stating:

“This prosecution is the product of an obsessed former-AG’s lies, half truths, and material omissions. His assistants and agents directed these prevarications to other state offices, the public and the courts.”

The motion specifically discloses that Kline and his office:

Convened a judicial inquisition, involving then-Deputy Attorney General Eric Rucker and Special Agent Tom Williams, on the pretext of investigating failure to report child sexual abuse even though they had never received a complaint or allegation that Dr. Tiller had failed to make such reports. See motion at page 6.

Lied to the state Social and Rehabilitation Services about their investigation. They agreed that “[i]f asked to explain the nature of the inquiry, SRS will be told that the Attorney General desires to determine if there is a serious latent sexual abuse problem in Kansas.” See motion at page 6.

Misrepresented to the Shawnee County District Court that they had knowledge of alleged violations of the laws of Kansas pertaining to reporting childhood sexual abuse when in fact no such knowledge existed. See motion at page 13.

Contrary to frequent denials, agents of the Attorney General attempted to learn patient names by matching hotel records with the KDHE records. See motion at page 45.

A complete copy of the motion and memorandum is available on-line at www.monnat.com .

July 2008

 KSN July 28, 2008 Judge upholds constitutionality of abortion law

After winning several legal battles recently, Wichita abortion provider George Tiller has lost a round in court after a judge denied a motion to dismiss a misdemeanor criminal case against him.

The 19 misdemeanor charges were filed last year by then Attorney General Paul Morrison.

The charges allege Dr. Tiller broke the law when he didn’t use an independent doctor for a second opinion in late-term abortions. The state says Dr. Neuhaouse, who gave the second opinions, has financial ties to Dr. Tiller.

Tiller’s attorneys argued the law created an unconstitutional burden on the physician’s right to practice medicine. But a Sedgwick County judge ruled the statute is constitutional and the case will go forward.

"Of course we're very disappointed the judge didn't take this opportunity to end this political prosecution and eliminate what is a huge roadblock in the path of women in Kansas to seek a legal abortion,” said Tiller’s attorney Dan Monnat.

Monnat says Dr. Tiller’s legal team will likely continue to subpoena women's’ health care records that let to the charges.

KWCH July 2, 2008 Tiller Attorneys Comment on Grand Jury Decision
Press Release from Attorney Dan Monnat:

Wichita, KS. Lee Thompson and Dan Monnat, attorneys for Dr. George Tiller and Women's Health Care Services, P.A. issued the following statement today on behalf of their clients after being notified that the grand jury returned no charges.

Dr. Tiller and his attorneys thank the grand jury and are pleased that the grand jury agreed with previous findings of the Kansas Board of Healing Arts and the Sedgwick County District Attorney's Office that Dr. Tiller's practice is in compliance with Kansas law as interpreted by the Kansas Supreme Court and the United States Supreme Court.

"Dr. Tiller complies with the law and the scurrilous attempts by extremists to suggest otherwise should now be put to rest and disregarded in the future", the attorneys said. "Now that the grand jury has reviewed files from the past five years, Dr. Tiller hopes that these continuous politically motivated witch hunts will end and that women can seek reproductive health care in the privacy that is Constitutionally mandated. Repetitive grand juries do nothing but cost the taxpayers money - especially those motivated by extremist groups who have no credibility," the attorneys said.

Attorneys for Dr. Tiller will hold a press conference today, July 2, 2008 beginning at 4:30 p.m. at Thompson Law Offices, 106 E. 2nd, Wichita, KS 67203

KAKE July 2, 2008 Grand Jury: No Charges In Tiller Investigation

A grand jury investigating Wichita abortion provider George Tiller has concluded its work with no indictments against the doctor.

The Sedgwick County District Attorney issued a statement this afternoon. Here's a portion of the statement;

“We the Grand Jury were charged with investigating alleged violations of the laws related to abortion at the Women’s Health Care Services, Wichita, KS. After six months of conducting an investigation that included hearing extensive witness testimony, reviewing volumes of documents and medical records of patients of Women’s Health Care Services, this Grand Jury has not found sufficient evidence to bring an indictment on any crime related to the abortion laws."

Tiller's attorneys Lee Thompson and Dan Monnat released a statement this afternoon. “Dr. Tiller complies with the law and the scurrilous attempts by extremists to suggest otherwise should now be put to rest and disregarded in the future”, the attorneys said. “Now that the grand jury has reviewed files from the past five years, Dr. Tiller hopes that these continuous politically motivated witch hunts will end and that women can seek reproductive health care in the privacy that is Constitutionally mandated. Repetitive grand juries do nothing but cost the taxpayers money – especially those motivated by extremist groups who have no credibility,” the attorneys said.

KSN July 2, 2008  Grand Jury will not indict Tiller

A grand jury has decided it will not indict Wichita abortion provider Dr. George Tiller on charges he performed unlawful late-term abortions. Today’s decision represents that second time in two years that Dr. Tiller has been indicted by a grand jury.

In a statement released late Wednesday afternoon the grand jury said that the abortions in question were legal under current law because they protected the mental health of a woman. It also noted mental health is considered by the Kansas Supreme Court as “a major bodily function” that needs protecting even if it means having an abortion.

However, the grand jury said it reviewed “a number of questionable late-term abortions,” but those are protected by the current law. If that is going to be changed, said the grand jury, it will have to come from the state legislature passing laws to clearly define whether mental health or other ailments rises to the level that justifies these late-term abortions.

"I think what they are saying is that the terminology used in the statute applied to some of the abortions could be deemed questionable from a lay person’s point of view, but that’s exactly why the decision always has to be entrusted to a medical doctor and the woman herself,” said Tiller’s attorney Dan Monnat.

“We can consider additional legislation and then we have a couple other things that we are exploring right now, but we are not giving up, we are far from done with this,” said Cheryl Sullenger with Operation Rescue.

But according to Tiller’s attorneys, convening another grand jury may not be so easy. The Kansas Supreme Court handed down a ruling a few months ago stating that petitions requesting a grand jury be convened must be reviewed to make sure the juries aren’t being used for harassment. And given that two grand juries in the last couple of years have now ruled in favor of Dr. Tiller, getting another together could prove to be difficult.
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June 2008

KAKE June 20, 2008  Kansas court says juveniles have right to jury trial

The Kansas Court system faces retrials in hundreds of cases, after the state supreme court rules on juvenile justice, saying Kansas teens have been deprived of a constitutional right.

"This is the biggest decision I can recall for the people across this area, I mean, it's a huge decision," said Ron Keefover, spokesman for the Court.

"I think this decision will justifiably revolutionize the juvenile court," said Dan Monnat, a Wichita attorney.

After 24 years of bench trials, juveniles will now face a jury when they go to trial. In what's being called a landmark decision, the Kansas Supreme Court ruled 6 to 1 that juveniles do have a constitutional right to a jury.

"The focus has shifted from rehabilitation, paternalistic goals to public safety and punishment. In that sense, it's not different than the adult system," said Monnat.

The decision will apply to all pending and future cases, which could force prosecutors to retry some pending cases.
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KSN June 20, 2008  Kansas Supreme Court:  Juveniles have right to jury trial

The Kansas Supreme Court says juvenile offenders have a constitutional right to a jury trial. Court spokesman Ron Keefover says the decision could force prosecutors to retry hundreds of juvenile cases. The ruling applies to juvenile cases still pending, as well as future cases.

"I think this decision will justifiably revolutionize the juvenile court," said Dan Monnat, a Wichita attorney.

The court had ruled in 1984 that the juvenile justice system was different enough from the adult system that juvenile offenders didn't have a constitutional right to a jury trial. But in its 6-1 ruling Friday, the court said legislators have changed the juvenile system to make it more like the adult system. The dissenter was Chief Justice Kay McFarland, a former juvenile court judge. She said the decision is out of step with rulings in other states.

May 2008

KSN May 7, 2008 Reaction mixed over law targeting criminals

The governor’s signature is all that’s needed for a new law targeting Kansas criminals. Theft and violent sex crimes could soon come with tougher penalties. But while lawmakers see progress, critics see a setback.

Defense attorneys who spoke with KSN say the new law would clog the Kansas criminal system while doing very little to actually stop crime.

"We need to focus on solutions to crime other than additional lengthy imprisonment,” said defense attorney Dan Monnat.

Monnat points to the fact that the U.S. already imprisons more citizens than any other nation in the world and the Kansas already has a system in place with sentencing guidelines to address criminals. He says this proposed bill is just another example of Topeka messing with the system and sentencing guidelines.

"Politicians chop them up, piece meal in response to cases that generate public outcry,” Monnat said. “Pretty soon you don't have a system anymore that is either proportional or rational."
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February 2008

KAKE February 5, 2008 Supreme Court Blocks Access To Tiller Records

The Kansas Supreme Court temporarily blocks a Sedgwick County grand jury's access to patient records from abortion provider Dr. George Tiller of Wichita.

The grand jury is investigating whether Tiller has broken Kansas laws restricting abortion, as many abortion opponents allege. The grand jury subpoenaed the medical files of about 2,000 women, including some who decided against having abortions. Tiller is one of the nation's few late-term abortion providers.
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KSN February 5, 2008 Court blocks grand jury's access to abortion provider's records

TOPEKA, Kansas, Feb. 5, 2008 (AP) - The Kansas Supreme Court temporarily blocks a Sedgwick County grand jury's access to patient records from abortion provider Dr. George Tiller of Wichita.

The grand jury is investigating whether Tiller has broken Kansas laws restricting abortion, as many abortion opponents allege. The grand jury subpoenaed the medical files of about 2,000 women, including some who decided against having abortions. Tiller is one of the nation's few late-term abortion providers.
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KAKE February 1, 2008 Tiller Plea to High Court

Attorneys for Wichita abortion provider Dr. George Tiller have taken their case to the Kansas Supreme Court. Friday, Sedgwick County Judge Paul Buchanan said names on the files could be blacked out, but patient identification numbers must remain. That troubles Tiller's attorneys.

"The problem... is that the file numbers themselves reveal patient identifying information," said defense attorney Dan Monnat. He compared this inquest into patient records with that of former Attorney General Phill Kline in 2006. In that investigation, Monnat says Kline was able to cross-reference patient ID numbers with hotels in the area where out-of-town patients had stayed, thereby deriving their names.

Pro-life advocates say Tiller's attorneys are only delaying the grand jury process -- forcing the clock to run down on the jury's 90 day deadline in which it must decide whether to file charges. Tiller's attorneys say this is not about delays, but about patient rights.

"Those subpoenas cannot be enforced and this grand jury needs to be disbanded because it's unconstitutional," Monnat said.

Monnat expects a decision from the Kansas Supreme Court on whether to stay grand jury proceedings by the end of Friday or Monday. If approved, the grand jury investigation would have to stop until both sides have a chance to argue their case before the high court.

KSN February 1, 2008 Tiller appeals to Kansas Supreme Court

The fight over Dr. George Tiller’s medical records is going to the state supreme court. Tillers lawyers filed an appeal with the court today.

Judge Paul Buchanan ordered private records of hundreds of patients be turned over to a federal grand jury.

During a hearing Friday, a judge ruled those records be turned over by 3 p.m., but there’s no word yet if they have turned them over.

The grand jury is investigating whether Tiller carried out illegal late-term abortions.

KWCH February 1, 2008 Judge orders Tiller to immediately provide records

WICHITA, Kan. (AP) - A Sedgwick County judge says a doctor must turn over records on late-term abortions while his lawyers appeal to the Kansas Supreme Court.

Judge Paul Buchanan is overseeing a grand jury investigation into whether Dr. George Tiller of Wichita violated a Kansas law that restricts late-term abortions.

The grand jury is seeking records of patients who aborted a fetus that was 22 weeks or older from July 2003 through January 18th.

The judge today rejected arguments by Tiller's lawyers that grand jury subpoenas violate the privacy rights of women seeking abortions.

But Buchanan also ruled that Tiller can provide edited patient records without the names of the women.

Tiller's lawyers are asking the Supreme Court to prevent Tiller from providing the records while the justices consider the grand jury subpoenas.

January 2008

KAKE January 28, 2008 Tiller's Lawyers Try To Block Subpoena For Records

Attorneys for Dr. George Tiller are asking a state court to block two subpoenas for more than 2,000 records
from women who sought abortions at his Wichita clinic.

The motion filed Monday at the Sedgwick County Courthouse asks for an expedited hearing.

Attorneys want the court to quash the subpoenas based on the patients' right to privacy. It also argues clinics would face an undue burden trying to produce so many medical records.

The doctor's attorneys also contend the grand jury process in Kansas is unconstitutional.

KSN January 28, 2008  Lawyers try to block subpoena on abortion records

Attorneys for Dr. George Tiller are asking a state court to block two subpoenas for more than 2,000 records from women who sought abortions at the Wichita clinic.

The motion filed Monday at the Sedgwick County Courthouse asks for an expedited hearing. Attorneys want the court to squash the subpoenas based on the patients' right to privacy. It also argues clinics would face an undue burden trying to produce so many medical records.

KAKE January 24, 2008 Judge Denies Request in Tiller Grand Jury

A judge ruled against attorneys for local abortion provider Dr. George Tiller Thursday. They wanted to halt a grand jury's request for sensitive clinic documents.

Tiller is under investigation for possibly performing illegal late term abortions. The grand jury's findings would determine whether formal charges are filed. A grand jury has looked into alleged wrong-doings by the doctor in the past, and cleared him of any crimes.

Grand jury proceedings are typically kept secret, but in an open courtroom Thursday, attorneys on both sides argued just how much authority a grand jury should have when it subpoenas evidence. In this case, members of the jury have requested documents containing what Tiller says is private employee information that, if leaked, would jeopardize their safety and well-being.

"We are dealing with requests from citizens who are unregulated by any code of conduct," said defense attorney Laura Shaneyfelt on Thursday afternoon. "It is one thing to ask questions, but is far different and far more invasive... to turn over files to a group of unregulated and untrained citizens."

Dr. Tiller's attorneys contend the grand jury should not have access to information typically limited even to prosecutors and law enforcement officials. Tiller's defense also argues any evidence contained in such documents would be used against him in a case filed last summer by Attorney General Paul Morrison. In that case, Tiller faces 19 misdemeanor charges for not consulting with a second, unaffiliated physician before performing abortions.

But prosecutors say the two cases have no bearing on each other.

"This is designed to allow ... a grand jury to better understand the information they are asking for," said deputy District Attorney Anne Swegle.

Swegle says a grand jury's right to subpoena evidence should go as far as necessary to determine if a crime has been committed.

The judge in the case agreed, ruling Dr. Tiller must hand over the requested documentation.

No deadline was set at the hearing, though the grand jury has 90 days to request and review evidence before making a decision.
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