WICHITA, Kan. -- A judge on Wednesday refused to toss out the criminal case against a doctor accused of violating Kansas' late-term abortion law, saying a former prosecutor's conduct in the case didn't warrant such action. Sedgwick County District Judge Clark Owens also denied a defense request to throw out evidence in the case against Dr. George Tiller of Wichita because of the conduct of former prosecutor Phill Kline. Tiller, one of a few U.S. physicians performing late-term abortions, is to go on trial March 16 on 19 misdemeanor charges alleging he failed to obtain a second opinion for some late-term abortions from an independent physician, as required by Kansas law.
Related
Tiller To Go To Trial on Late-Term Abortion Charges
David Klepper / Kansas City Star
George Tiller will go to trial facing criminal charges after a judge ruled Wednesday that Phill Kline and Paul Morrison didn’t taint their prosecutions of the Wichita abortion provider. Sedgwick County Judge Clark Owens said Tiller’s attorneys failed to show that the charges should be dropped because of misconduct by the two prosecutors. The ruling sets up a criminal trial long sought by anti-abortion groups. Charges that Tiller violated the state’s restrictions on late-term abortion were first filed in June 2007. Since then, Tiller’s attorneys have tried to derail the case by challenging the law he’s accused of breaking, and then the prosecutors who investigated him.