Kline's charges against Tiller dropped

[Jon8503]

BY RON SYLVESTER
The Wichita Eagle
Sebelius statement on the Tiller case
Foulston's statement
Audio: Tiller's lawyer talks about the charges
A misdemeanor case against Wichita-based abortion provider George Tiller was dropped today at the request of Sedgwick County District Attorney Nola Foulston, who said Kansas Attorney General Phill Kline overstepped his bounds.

Judge Paul Clark granted Foulston's request to drop 30 charges filed Thursday by Kline, a vocal abortion opponent.

Foulston said that although the attorney general is the chief law enforcement officer in the state, he cannot pursue charges in a particular county without being invited by the local prosecutor to do so, or been given authority by the governor.

"The statutes and case law are clear," Foulston said in a statement released by her office this afternoon.

Foulston said she'd received no word from Gov. Kathleen Sebelius allowing Kline to file charges in Sedgwick County District Court. Foulston said she'd not given him permission.

"The district attorney has not invited or requested, consented or acquiesced, or failed to object to the filing of the complaint," Foulston's office. "The district attorney does in fact object to any such filing by the Attorney General as he lacks the legal authority to file such complaint in this jurisdiction."

Sebelius didn't give Kline authority to file the charges, said Nicole Corcoran, the governor's spokeswoman.

"I can tell you with absolute certainty the governorner did not," Corcoran said.

"This is a basic rule governing the office of the Attorney General, and it's rather surpirsing he doesn't know that," she said.

This morning's Tiller's lawyers said they expected the charges to be dropped at some point and sharply critized Kline for his actions.

"The filing of criminal charges by Phill Kline is the last gasp of a defeated and discredited politician," Lee Thompson said this morning at his law office in Wichita. "Rather than exercising his duty as a prosecutor to see that justice is done, he has chosen to engage in a malicious and spiteful prosecution on the eve of Christmas."

Tiller found a summons to appear in court on the door of his home this morning.

Allegations included that Tiller has not properly reported information to the Kansas Department of Health and Environment.

"We also intend to explore any and all means of holding Kline personally responsible for his malicious actions," Dan Monnat, who also represents Tiller.

Officials in Kline's office have not returned calls and e-mails from The Eagle seeking comment. Kline is expected to hold a press conference in Topeka this afternoon.

Kline has less than three weeks as attorney general. He was defeated in the Nov. 7 general election by Paul Morrison, the Johnson County district attorney who switched parties to take him on as a Democrat. Abortion was the biggest issue in Kline's campaign. After Jan. 8, Kline will replace Morrison as Johnson County district attorney.

Over the years, Kline has investigated whether Tiller and other abortion providers have performed illegal late-term abortions and have failed to report suspected child abuse as required by law. Tiller's clinic is the site of daily protests. He has also be the target of violence: His clinic was bombed in 1985 and he was shot by a protester in 1993.

A few weeks ago -- after a two-year legal battle -- Kline obtained the records of 90 patients from Tiller's clinic and from a clinic in Overland Park operated by Planned Parenthood of Kansas and Mid-Missouri.

http://www.kansas.com/mld/kansas/16300030.htm

[proud2BlibKansan]

1. Better watch Bill O'Reilly tonight

and remember that he has seen these records from Tiller's clinic. It will be interesting to see what Billo has to say about this case.

[Jon8503]

2. I just hope they don't let that issue drop. I still would like to know how

& in what way these private records got into his hands. Maybe it was all legit, but I would'nt trust those two people one bit. Maybe you guys know what is going on with all that.

Also, this is another slap at the idiot and another showing he does not know the law or he doesn't respect the law and this guy is going to be a prosecutor in KS biggest prosecutor's office. I assume Johnson County is anyway.

Another thing, he has'nt ever tried a case yet has he?

[proud2BlibKansan]

5. No he has argued a case in front of the Supreme Court

but he has never tried a case, especially a criminal case.

And yes, Johnson County is the biggest county in Kansas.

[Mabus]

3. Poor PhilL

If only he knew the law or, at least, had someway to find out what the statutes said. :sarcasm:


My other reaction: Bwhahahahahahahahahahahahahahahahahahaha. . .(hold sides, wipe away tears). . .bhwhahahahahahahahahahahahahahahahahahaha. . . :rofl:


I hope Tiller goes after Kline's license and files a complaint with the Attorney Discipline committee. Good thing Kline is getting a pay bump when he takes over as JoCo DA. He'll need the money to pay for real lawyers to defend him against the legal actions that Tiller's counsel will pursue.

[Big Unit]

4. Abuse

I haven't researched this yet, but I suspect that what Kline did with the filing of these charges would qualify as abuse of process. But you're right - a disciplinary complaint could quickly get to the heart of the matter.

[Mabus]

8. Who served Tiller the subpoena?

Did Kline use a law enforcement official? Did he use a private service? Did he take it by Tiller's house himself? Who served the subpoena that Tiller found? Was Kline misusing other government officials in his quest to harass Tiller?

[proud2BlibKansan]

6. So can Tiller sue him and cause him to lose his license?

And then he couldn't be our DA anymore??

Oh please say yes. :)

[Jon8503]

7. It might be one of those things that they could bring the charges

up against him, proving the intentional act would be another thing. But it could be a good thing for Kansans and especially Johnson County, because it sure as hell would be one more added issue he would have to deal with.

Certainly wouldn't look good for an incoming DA to have so many legal issues hanging out.

Somehow, I have the feeling this guy isn't in Morrison's old job just yet.

[Mabus]

9. I question his fitness to practice law

OMFSM, there are so many things wrong with what Kline did that I really question his fitness to practice law within the state of Kansas. As AG, you'd think he'd know about things like cooperating with local DAs and what courts he could he bring action.

[MuseRider]

10. I think his problem

is not only incompetence but I don't think he actually cares if he does things right. He got it all out there and that was good for him until now anyway. I hope they nail his smarmy ass to the wall. Now that is something that would get me in the Christmas spirit! :)

[Mabus]

11. His problem is, he thinks god is his co-counsel

So, he doesn't think he is bound by the laws of mere man. :evilgrin:

edited to add a verb.

[MuseRider]

12. Hmmmm

where have we heard that before? Could it be one of the main problems in the entire Republican party? God as co-council? Great.

[Big Unit]

13. Malicious Prosecution vs. Abuse of Process

My brief legal research indicates that the tort of "abuse of process" involves knowingly illegal or improper use of the process done for the purpose of harassment or causing hardship, and the sustaining of damages as a result thereof. I haven't researched the question of whether "abusing the process" includes filing of criminal charges without the authority to file those charges, as distinct from a violation of the law regarding who may serve the legal papers, or the conduct or context in which the papers were served. I suspect that a broader definition exists than just service of legal paper irregularities.

"Malicious prosecution" might also exist, and requires basically a groundless or frivolous filing, with malice, which litigation is concluded in plaintiff's favor, and the sustaining of damages as a result. Here, I suspect the legal gymnastics are not yet over. Certainly, Kline could try to appeal before he is dethroned by the People, and the matter has not been successfully concluded until all appeals are exhausted. The "malice" element might be hard to prove, as he can always claim that he was just doing his job. Perhaps "malice" is not explicitly required to prove abuse of process. I would have to look at pattern jury instructs to see what degree of wrongful intent an abuse of process tort claim requires to be proven.

[proud2BlibKansan]

14. Thanks BU

Great research!

Have a great Christmas! :hi:

[Mabus]

15. And dropped again

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2991189&mesg_id=2991189
which links to this article: http://www.washingtonpost.com/wp-dyn/content/article/2006/12/28/AR2006122800556.html

No Charges Against Kan. Abortion Doctor

By JOHN HANNA
The Associated Press
Thursday, December 28, 2006; 1:05 PM

TOPEKA, Kan. -- Kansas Attorney General Phill Kline spent more than two years investigating a nationally known abortion provider, but he'll likely leave office next month with little to show for it.

A judge on Wednesday refused to reinstate the 30 criminal charges Kline filed against Dr. George Tiller, and Kline's successor said Thursday that he won't keep the special prosecutor Kline appointed on the case.

Democrat Paul Morrison, who defeated Kline in November and takes office as attorney general on Jan. 8, did not completely rule out an investigation into Tiller.

But he told The Associated Press that any investigation won't involve Kline's special prosecutor. Kline had named Wichita attorney Don McKinney on Wednesday, saying having him as a special prosecutor would keep politics out of the investigation. But McKinney, who had campaigned for Kline, is viewed as a strong anti-abortion activist.

[pstokely]

16. A little about Don McKinney

http://www.maggotpunks.com/antis/files/012.htm