Justice will have to wait for 'Tiller the killer'

The trial of George Tiller, the notorious late-term abortionist charged with 19 counts of violating Kansas' abortion laws, has been rescheduled – for the fourth time.

Originally set to stand trial last August, Tiller's newly set court date is July 28.

While motions and appeals can typically delay cases on their path to trial, former Kansas Attorney General Phill Kline sees Tiller's delays as inordinate. "In this instance we've had extraordinary intervention by the courts," Kline told WND, "continuing to entertain appeals typically not available to any other criminal defendant."

"We have seen capital murder cases in Kansas, from arrest to
sentencing, take place in less time," said Troy Newman, president of an
anti-abortion group that has been closely following the case. "Justice delayed is
justice denied. Judge Owens and the attorney general's office need to
get off the dime and get on with the case in the interests of justice."

George Tiller

The case against Tiller has been in the news since he was first investigated by Kline in 2006, incorporating into its drama, as WND has reported, charges of cronyism, allegedly corrupted prosecutors and upended political careers.

According to Kansas law, late-term abortions conducted after the point of viability may only be performed if the abortion is needed to save the woman's life or the pregnancy would cause "substantial and irreversible impairment of a major bodily function." In addition, a second, unaffiliated physician must also sign off on the procedure.

Kline originally brought 30 criminal counts against Tiller, whose clinic performed 380 late-term abortions in 2006 alone, citing medical records from Tiller's clinic where the criteria for permitting the abortion – a mother's "substantial and irreversible impairment of a major bodily function" – was listed as "stress" or "depression."

Kline was then defeated in the general election, replaced as attorney general by Paul Morrison, who dropped the charges against Tiller and fired an independent prosecutor Kline appointed to handle the case.

The moves were met with outcry by anti-abortion activists, who questioned Morrison's credibility and political ties.

Shortly thereafter, however, Morrison filed 19 counts against Tiller, this time for violating the part of the statute that required an unaffiliated physician to review the case. Tiller used Ann Kristin Neuhaus to sign off on his abortions, and Morrison charged that the two abortionists "were not financially and legally independent as required by Kansas law."

Tiller pleaded "not guilty" to the charges, and a bench trial was scheduled for Aug. 17 of last year.

Tiller has yet, however, to stand trial.

Last November, Tiller's attorney's filed two motions with Judge Clark Owens, the first to have Kansas' law declared unconstitutional, and the second to have the jury size increased.

Owens has yet to rule on the motions, and last week, the judge agreed to another delay of the trial.

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Previous stories:

Tiller broke law, 19 charges allege

'Tiller the Killer' cleared of some charges

'Roe' pleads for Kansans to charge Tiller

Complaint cites abortion judge's money ties

Regulators asked to suspend Tiller license

Kansas AG kills Tiller prosecution