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Posted on 12/22/2006 12:23:03 PM PST by indcons
WICHITA, Kan. — Kansas' attorney general, a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a Sedgwick County judge on Friday threw out the charges after less than a day.
Judge Paul W. Clark dismissed the charges against Tiller after Sedgwick County District Attorney Nola Foulston said her office had not been consulted by Kline.
Clark signed his one-page order only hours after Kline's complaint against Tiller was unsealed.
Attorney General Phill Kline's office did not immediately return calls seeking comment. Kline lost his re-election bid in November and leaves office in three weeks.
Most of the 30 misdemeanor counts Kline filed against Dr. George Tiller involve abortions performed on patients 17 or younger, including a 10-year-old, according to the criminal complaint unsealed Friday in Sedgwick County District Court.
Tiller's clinic, known for being one of the few in the country to perform late-term abortions, has been a high-profile target of anti-abortion protesters for decades. The clinic was bombed in 1985, and Tiller was shot in both arms by a protester in 1993.
Kline has been investigating whether Tiller and other abortion providers performed illegal late-term abortions in Kansas or failed to report suspected child abuse as required by law.
He waged a two-year legal battle before finally this year obtaining the records of 90 patients from Tiller's Wichita clinic and a clinic operated in Overland Park by Planned Parenthood of Kansas and Mid-Missouri.
Since the election, abortion rights activists have expected him to move against Tiller and perhaps Planned Parenthood, as well.
(Excerpt) Read more at chron.com ...
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It does sound like an invasion of privacy to grab medical records of private citizens without their consent. It looks like we had a nice crackdown against executive activism here by the judicial branch...interesting.
If a doctor was willing to certify each of the abortions was legit, then that met the law, from my understanding...nothing to base this on. But IANAL.
I expect O'Reilly will have Kline or someone from his office on tonight about this OUTRAGE, and I further expect that noone from DA Foulston's office will be appearing.
PING.
There is a strong suspicion that abortion mills are not reporting evidence of rape and statutory rape. If a 10 yr old show up for an abortion, in almost every state in the union, health personnel are required to contact law enforcement. An ER doc can get criminal charges against him if a child rape victim appears in the ER and he does not report it.
There is no "privacy" in this case. Just a vile, legally protected murderer.
A parting shot on his way out?
Hey, how about Judge George Greer, infamous for his execution order of Terry Schiavo, and George Tiller for the Planned Parenthood Presidential Ticket?
THINK of the possibilities!
'Greer/Tiller - Kill 'em when they're in the womb, or later in their hospital room!'
'Greer/Tiller - 'Death is the Great Equalizer'
'Greer/Tiller - 'One if by Scalpel, Two if by Starvation'
Yes indeedy, 'Greer/Tiller' - it's a *killer* ticket!!!
I hear they're going to pardon Manson too- maybe tiller and manson can room together in some swanky dems district!. http://sacredscoop.com
Kline is an idiot and provides a convenient target with which to tar all pro-life people. His disregard for the Constitution he allegedly serves is appalling (not just here, where he files charges that he had to know would be immediately tossed, but in many other cases). I am glad he has been bounced.
And the soulless citizens who tie themselves into knots defending the indefensible. Some of whom are among us here today.
Good, smart post.
How did Kline disregard the Constitution?
What are the many other cases where he disregarded the Constitution?
To the other posters, it will come as no surprise to you that the judge who threw this out is a Democrat. Tiller funds almost all the liberal causes in this state. If he went down, their funding would go too.
Why do you LIE about Judge Greer following the law after months of legal hearings and thousands of hours of legal involvement? Few cases consumed the resources that the Schindlers imposed of the taxpayers and it STILL isn't enough to stop the slanders of fanatics.
You will likely be attacked by the fanatics as "Pro-death".
The Kline story and Terri Schiavo are two completely separate issues.
This judge can sleep well knowing he just enabled this horrific doctor to continue to murder babies for money.
I would ask, "What is it with Kansas that the people allow this to go on unchecked?!" I would ask that EXCEPT that it appears there are plenty of people on FreeRepublic who take Killer Tiller's side too.
BUMP!!!
Scary isn't it?
It's horrifying. George Tiller boasts of killing full-term babies. He photographs them in baby clothes. He has some of them baptized! Then he burns their corpses in his backyard incinerator. And we have FReepers who defend what he does because they are into "personal liberty" or some such nonsense.
"....I further expect that noone from DA Foulston's office will be appearing."
She had frequently been a FNC talking-head lawyer until the BTK Killer case was solved.
Does the EPA know?
An environmental lawsuit is likely the only way to shut down this little Buchenwald.
Being called a "fanatic" by the cheerleaders for those who murder full term babies is a badge of honor.
"Your records can be grabbed "
I thought I read that all identifiers, such as names, addresses, were deleted from these files before they were handed uver????????????????
uver=over
Would you please show me what part of the Constitution gives one the right to murder/abort a child in the last part of a pregnancy? What about the very young child that is brought in for an abortion? What is the legal age of consent in KS? 10 years, 12 years old, 13 years old. Could it be that these children were raped and what happened to the rapist? Nothing, that's what. At least, the AG was attempting to right this wrong.
“…The District Court has reviewed the Attorney General’s legal theories and has determined that the Attorney General stands on firm legal ground…The District Court has further determined that relevant evidence is contained in the medical files which may constitute evidence of possible violations of the law…No patient can be identified from the review of any medical file…”. - Response to Petition for Mandamus by Respondent Richard D. Anderson, District Judge, Filed with Kansas Supreme Court Nov. 27, 2006.
Obviously, it wasn't your daughter that was killed.
No, you are an idiot. A late term abortion performed on a 10 year old is evidence of rape that even you should recognize.
If you're involved in a civil case, your records become public or nearly-public pretty darned fast. Abortionists seem to have protections other defendants do not.
Ever since Nov 8 I have sensed a peculiar current on FR--it be interesting to do some research, but I believe there are a lot of seminar guests pretending to be conservative. It'd be a pretty smart move on the part of the liberals--and it'd be some Soros money very well spent.
Disheartening.
Baffles me
Heh. Next time I'm in New York City, I'll tip my hat to the Statue of Nonsense.
Someone needs to dump Judge Paul W. Clark
IMO Bill O'Reilly’s excellent and persistent reporting has been a major factor in the exposure of this hideous human imposter known as Tiller the Killer.
I hope Bill goes after the “judge” who tossed out the charges so quickly. I have no doubt he’s a supporter of the holocaust of abortion.
Last night Bill had on Judge Napolitano to discuss Tiller and today Fox covered the court filing so major Kudos to Bill and Fox News!
We should all send a word of thanks and encouragement to Bill for doing this. The man has done a tremendous service in exposing this most evil crime to the public.
Bill if you read this, God bless you.
You're one of them, aren't you? Do you honestly think that any of the millions of oppressed people who looked at Lady Liberty with such awe could even have imagined that their descendants would someday equate freedom with baby-butchery???? You and your libertarian buddies are living proof that this country has gone to hell.
Those who would deny others the freedom to live their lives must not have enough to do in their own.
This fiend even provides "baptism" services for the children he kills.
I don't even want to link anything about it at the moment, it's just too sickening, but you can easily search for it.
You and your kind would have partied in the shadows of Auschwitz.
>> ... and Tiller was shot in both arms by a protester in 1993.
Is this an instance of bad aim or poor judgment?
Congratulations. You played the Nazi card. You lose.
Guess what. It happens all the time in the WoD. Adjudicated and approved long since.
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