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.

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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December 2007

KSN December 21, 2007 Schneiders will remain in jail through trial. Prosecutors say they hope to link an additional 34 deaths to Dr. Schneider and his clinic.

Dr. Stephen Schneider and his wife Linda are facing a multitude of federal charges related to patient care at their Haysville clinic. Prosecutors say they hope to link an additional 34 deaths to Dr. Schneider and his clinic. Prosecutors charges the two with 34 counts including conspiracy, unlawfully distributing control substances resulting in death and medical fraud.

The couple made their first appearance in Federal court this afternoon. The purpose of the appearance was to determine if the Schneiders should remain in jail throughout their trial. Prosecutors said they were a flight risk and a danger to the community.

Holding the couple is just a ploy being used by the government and has little to do with them being a flight risk.

"A person who is detained pre-trial is less able to defend themselves because the government has now spent years investigating a case and the accused just hears about it. The accused is immediately isolated from family, from money and from the ability to speak with counsel," said Dan Monnat, KSN's legal expert.

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November 2007

KWCH November 9, 2007 Lawmakers Criticize Kansas Supreme Court

The highest court in Kansas is not doing its job -- that according to a group of lawmakers. The group is upset the Kansas Supreme Court blocked the start of a grand jury investigation into Wichita abortion provide Dr. George Tiller. Instead, the court will consider whether the proposed grand jury probe should be allowed.

Kansas is one of a handful of states where a citizen petition can summons a grand jury. This is the second time Tiller has been the focus of a grand jury investigation. Wichita attorney Dan Monnat is on Tiller's defense team and says the grand jury process is being used to harass his client.

"I seriously doubt that the Kansas Supreme Court is going to be bullied by the press conferences of the politicians into either not acting or not acting as quickly as the politicians would have them. The grand jury itself is something brought as an instrument of harassment by people politically opposed to a woman's constitutional right to choose," says Monnat.

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October 2007

KSN October 26, 2007 TOPEKA, KS. (AP) Court blocks investigation of Dr. George Tiller

The Kansas Supreme Court temporarily blocks the start of a Sedgwick County Grand Jury to investigate abortion provider George Tiller. The court's order Friday stops the grand jury from starting its work until the court can decide if the panel should convene.

The Grand jury had been scheduled to begin its work next Tuesday.

The order by Chief Justice Kay McFarland was in response to a petition filed by Dr. Tiller, who is one of the nation's few late-term abortion providers. Abortion opponents accuse Tiller of violating a 1998 state law restricting late-term abortions, an allegation his attorneys repeatedly have said is unfounded.

Stay with KSN News and KSN.Com for more on this developing story.

KAKE October 26, 2007 Supreme Court Delays Tiller Grand Jury

Wichita abortion provider George Tiller has, at least, won a temporary victory in court. The Kansas Supreme Court has stepped in to delay a grand jury that has been called to investigate allegations of breaking state restrictions on late-term abortions.

In an order signed by Chief Justice Kay McFarland, the court says the delay has been granted due to the "unique circumstances" of the case.

The parties involved in the case are now ordered to respond to the grand jury petition by November 16th. The grand jury was originally scheduled to convene Tuesday.

Attorney General Paul Morrison has already filed 19 misdemeanor charges against the Tiller, but many abortion opponents believe Tiller should be prosecuted even more aggressively.

KSN October 15, 2007 Online prostitution?
Is it a reasonable service or a front for prostitution? Some say online escorts are taking the war on prostitution to the Internet.

South Broadway in Wichita has a long history and reputation for prostitution. But recently, Wichita police have been cracking down and say their tactics are working. But prostitutes may be abandoning the street corners and moving to the World Wide Web. More than 70 Wichita women have profiles on one web site alone. The pages show pictures, advertise available services and even list rates and prices. One person's web site lists rates as high as $1,600. But that same site goes on to say "Any gratuity or financial exchange is solely for my time and social companionship". Another web site calls the charges "donations" rather than rates. There are several Wichita laws pertaining to soliciting, but none specify online activity.

"Solicitation under the city code of Wichita requires that the solicitation be on the public streets of the city," Dan Monnat, legal analyst and defense attorney, said.

Monnat also says the services being offered aren't illegal. The law says prostitution only includes certain acts such as sexual intercourse, which aren't directly spelled out on the sites.

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September 2007

KSN September 17, 2007 Baby dies months after mother's murder

A baby who was delivered after his mother was shot last spring has also died. The family of Xavier Worley Jr. said the four-month-old boy died Sunday afternoon as he slept in his crib.

Steven Novotny is awaiting trail for Starr's death. With her baby's death comes the question: Could Novotny face another homicide charge?

Alexa's Law wasn't in place at the time of the shooting and, even if it were, it only applies to the death of a fetus.

But another law, dating back to the Common Law of England, may apply. It's known as the Born Alive Rule. If a pregnant woman's child is born alive, then dies as a result of any injury before it was born, the death may be prosecuted as a homicide.

"The big question in any such prosecution is causation: Did the child die from injuries inflicted by the accused?" Dan Monnat, KSN Legal Analyst, said. "Probably the longer the child lives, the better the argument the child did not die from injuries inflicted pre-birth."

Police say they are waiting on an autopsy

KSN September 12, 2007 Grand jury investigation into abortion provider will move forward

A federal grand jury investigation into Wichita abortion provider George Tiller will move forward. A federal judge has refused to block the case.

Last week, Kansans for Life delivered more than 7500 signatures, asking for an investigation into whether Dr. Tiller broke state law on late-term abortions. Tiller's attorney's asked a federal judge to block the investigation, saying it was harassment, but the judge ruled it's a matter for the state. Dr. Tiller has been investigated by a grand jury before, still the grand jury process is relatively rare in Sedgwick County court.

After the investigation is complete, the grand jury's deliberations are done in secret. Twelve jurors must agree to file the indictment. A grand jury has investigated Tiller before. Last year another anti-abortion group, Operation Rescue, forced an investigation into a 19 year-old's death. And for that reason, Tiller's attorney's say this is not the legal system at work, but simply harrassment.

"To convene yet another grand jury for the purposes of a political prosecution rather than a professional prosecution is an abuse of the justice system and a waste of taxpayer’s money," Dan Monnat argued.

Monnat says he will now take that argument to a state judge, in an attempt to stop the grand jury from convening.

KAKE September 5, 2007 Kansans for Life Turn in Abortion Petition

For the second time, abortion opponents are asking for a grand jury investigation into late-term abortions performed at Dr. George Tiller's clinic.

Kansans for Life turned in petitions with nearly 8,000 signatures to Sedgwick County Wednesday morning. The group wants the state to investigate more than 2500 late term abortions.

A grand jury investigation requires a petition of around 2400 or 2% of the registered voters in Sedgwick County. The signatures must be validated by the election commissioner. From there, Chief District Court Judge Michael Corrigan will either accept the case or appoint another district judge to handle the proceedings.

Kansas Attorney General Paul Morrison has already filed 19 misdemeanor counts against Tiller but the group wants more.

Tillers attorneys say Kansans for Life is just trying one more way to harass Tiller at taxpayers' expense.

"Dr. Tiller is innocent of any wrongdoing and he continues to provide high-quality health care to women despite constant harassment by anti-choice extremist groups," said Dan Monnet, one of Tiller's attorneys. Monnat also said, "To use the Grand Jury process to prompt a political persecution rather than a professional prosecution, is an abuse of the system and a waste of taxpayer's money."

The signatures are expected to be validated sometime next week.

See video player at this story's webpage: Kansans for Life Turn in Abortion Petition

July 2007

KAKE July 4, 2007Tillers abortion clinic vandalized
Someone was able to get by George Tiller's heavy security equipment Tuesday night and gain access to the roof of his East Wichita abortion clinic. Vandals cut a hole through the roof, inserted a garden hose, and flooded the clinic.

Police say they're looking at surveillance video to try to determine who did this. As well as the damage to the building, the vandals tried to use epoxy to seal the parking lot gate shut. Firefighters responded to a burglar alarm at the building and were able to get inside the gate before the epoxy dried.

"These cowardly, terroristic acts show no respect for the women who choose his care and seriously jeopardize their health. There is substantial damage, but Dr. Tiller is committed to staying up and running for the women who need his health care." said Dan Monnat, Dr. Tiller's attorney.

See video player at this story's webpage: http://www.kake.com/home/headlines/8324012.html

June 2007

KSN June 27, 2007 A partial ruling in Phill Kline's case against Dr. George Tiller
Wichita abortion provider, Dr. George Tiller, is closer to being off the hook. On Wednesday, Kansas Attorney General Paul Morrison partially deflated the hopes of abortion opponents by saying that at least half of a case filed against Tiller, by former Attorney General Phill Kline, is flawed.

"The first thing we noticed about the charges filed by Kline were the glaring errors in the affidavit," Ashley Anstaett, Morrison's spokesperson, said.

"Kline's irresponsible and careless treatment of the records inhibited our investigation from day one," Anstaett said.

"An independent, objective investigation has been conducted by a professional prosecutor," Dan Monnat, Tiller's attorney said. "We're confident that when the investigation has been completed, the result will be, as we've said all along, that Dr. Tiller is innocent of any wrongdoing whatsoever."

"It sounds like the defense firm of Tiller, Monnat and Morrison has been at work," Kline told the Associated Press after Wednesday's ruling.

Before this investigation is completed, Morrison must also rule on fifteen other charges filed by Kline on whether or not Tiller actually performed illegal late-term abortions. That ruling is expected later this week.

"Most people are concerned about illegal late-terms abortions, not the illegal reporting of late-term abortions," David Gittrich, Kansans for Life, said. He is not overly confident that Morrison will find that Tiller actually performed illegal late-term abortions.

KAKE June 27, 2007 AG: Tiller Case Flawed
A criminal case previously filed against the state's best-known abortion provider was based partly on incorrect or incomplete information. A spokeswoman for Kansas Attorney General Paul Morrison said 15 of 30 charges that the previous attorney general filed against Doctor George Tiller were flawed.

She said that in eleven cases, Morrison's predecessor Phill Kline did not include information that he had that was favorable to Tiller.

Dan Monnat, attorney representing Tiller was interviewed in the news story, made the following statement: "All along we have said when the whole story is told and all of the evidence is looked at fairly, Dr. Tiller's innocence will be clear.

See video player at this story's webpage: Morrison Clears Tiller of Wrongdoing

KSN May 30, 2007 Thurber writes letter to media
Justin Thurber has apparently been busy behind bars. KSN has learned he wrote about his case in a letter to the Ark City newspaper.

The headline in Ark City, “Suspect writes letter to Traveler.” Justin Thurber apparently writes, "I am asking you to start printing the truth about Justin Thurber."

The paper did not show the letter, but we're told it was two hand-written pages. Thurber neither admits nor denies his role in the crime, but does suggest police have not released every detail in the case. He goes on to say "Maybe Mr. Thurber not the hardened criminal they say he is."

You can bet these statements will now be used as evidence.

"A creative prosecutor can usually find a way to insist that the statement made is incriminating, relevant and ought to be admissible at trial," Dan Monnat, legal analyst, said.

Thurber is not alone. Scott Cheever, the man accused of killing Greenwood County Sheriff Matt Samuels, wrote a statement that may be used against him in court. And B.T.K. himself wrote several letters, including one to KSN, after his arrest. Each one ended up in the hands of the state.

"Calls and correspondence are routinely combed for statements that can help the prosecutor convict the inmate," Monnat said.

May 2007

KAKE News O'Reilly Takes Aim at Gov. Sebelius
5/31/2007
"Kansas women, I think can be comforted that they can continue to receive health care services without the threat that their decisions will be subject to government scrutiny," said Dan Monnat.

March 2007

KSN 3/29/2007 Accused rapist seeks apology

In early May, police were looking for a serial rapist who was responsible for attacking at least two women. Just days after a sketch was released to the media, police arrested Joshua Fontes for the crimes.

"It's devastating. You think about your kids and I'm thinking about my daughters and what they're going through seeing it on the news," Fontes said. "It's being broadcast as 'he's the man, we got our guy.' I'm like, no, my DNA, aren't you going to wait for results before you start pointing fingers?"

Joshua says police released his name to the media as the man they were looking for and continued to question his family. Three days later, a DNA sample cleared Fontes and he was released from jail, he says, without so much as a "we're sorry." That's why his attorneys have filed a lawsuit.

"We want to help Josh but there's a second reason for filing this lawsuit. People really need to know that innocent people are arrested and they're arrested often. When it happens, unlike the rest of civilized society, nobody says, 'Sorry, how can we help you clean up the reputation we've damaged?'" Don Monnat, Fontes's attorney, said.
See video player at this story's webpage.

KSN 3/16/2007 Murder charges in drug overdose death

Prosecutors say 46 year old David Knapp provided the drugs that led to an overdose. Now he is charged with First Degree Murder.

Forty-six year old Frank Brown was found dead in a Hays motel last Halloween. Police say he overdosed on the potent pain medication Fentanyl. Knapp is charged with first degree murder for providing the drug to him.

"The allegations are that he furnished the Fentanyl to the decedent and the decedent then used the Fentanyl and died, overdosed," says Ellis County Attorney Thomas Drees.

"If an individual commits a felony drug sale crime and the recipient of the drugs overdoses then our present Kansas law will support a prosecution for felony murder," says KSN Legal Expert Dan Monnat.

Knapp, meanwhile, made his first appearance in court today. His bond was set at $500,000.