A motion by Dr George Tiller's lawyers to dismiss the criminal case against him was denied yesterday by Sedgwick County District Judge Clark Owens. This pre-trial motion sought to dismiss criminal charges against Dr. Tiller of Wichita, Kansas for allegedly violating a state law requiring an "independent" second physician's concurring opinion before performing later term abortions. Tiller is an abortion provider who is one of the few late-term abortion providers in the US that serves women with troubled pregnancies and complicated health problems.
Current Kansas Attorney General Steve Six has criticized the investigation of Tiller by Kline, but has said the charges against Tiller should stand, according to the Associated Press. In his decision, Judge Owens wrote that Kline’s “procedures have certainly been questioned by the Kansas Supreme Court, but his conduct in the investigation does not merit the sanction of the dismissal of the charges or suppression of evidence, according to the Wichita Eagle.
Tiller's motion to dismiss cited the "outrageous conduct" and "selective targeting" of the preliminary investigation into Tiller's practice by Kline and Eric Rucker, a state attorney. Kline, who testified in the case’s hearings, was defeated in his bid for re-election as District Attorney in Johnson County, Kansas. Tiller’s trial is scheduled to begin March 16.
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