Lawmakers seek action against Tiller

A Kansas House panel votes to force attorney general to file charges against the abortion doctor.

By DAVID KLEPPER

The Star’s Topeka correspondent

Tiller

TOPEKA | Lawmakers waded further into the debate over George Tiller on Monday, introducing legislation to force the attorney general to file charges against the Wichita abortion doctor.

The resolution, now on its way to the full House, cites an obscure Kansas law that supporters say gives them the right to force Attorney General Paul Morrison to act. The resolution passed the House Federal and State Affairs Committee on Monday.

“What we’re after here is not political points,” said Rep. Steve Brunk, a Bel Aire Republican who voted for the resolution. “We’re after the truth, to reinstate justice.”

Morrison’s spokeswoman said the investigation of Tiller is ongoing.

“The people of Kansas elected Paul Morrison to use his independent judgment and legal expertise in representing the state of Kansas in this and other matters,” said Ashley Anstaett. “… If he finds evidence that a crime has been committed, he will file new charges against Dr. Tiller.”

The committee has called a 1:30 p.m. hearing today and invited Morrison to discuss his investigation and the resolution.

Former Attorney General Phill Kline filed 30 misdemeanor charges against Tiller last year, alleging that he performed illegal late-term abortions and failed to properly report them. The charges were dismissed for jurisdictional reasons.

Tiller’s attorney, who said his client follows all state laws, said the resolution was a political stunt.

“The Legislature should be making laws; professional prosecutors should decide who gets prosecuted,” attorney Dan Monnat said.

Rep. Lance Kinzer, an Olathe Republican and a chief supporter of the resolution, acknowledged that while the Legislature can direct Morrison to file charges, it cannot oversee the investigation or prosecution.

“The attorney general still has broad discretion,” he said. “… We’re not asking for Attorney General Morrison to go on any kind of witch hunt.”

No House vote on the resolution has been set.

Telling the state’s top prosecutor whom to charge did not please the Democrats on the House Federal and State Committee.

“I find it totally unnecessary to vote on this today, because the people of Kansas voted on this issue last November,” said Rep. Ann Mah, a Topeka Democrat, referring to Morrison’s victory over Kline last year.

The charges were quickly dismissed by a Sedgwick County judge after the Sedgwick County district attorney objected on jurisdictional grounds.

Last week, three GOP House leaders sent a letter to Morrison urging him to re-file the charges.

And a senator filed a complaint with the state’s judicial ethics commission after finding that the judge who dismissed the charges had received a 2004 campaign contribution from one of Tiller’s attorneys.

In a response to the letter from lawmakers, Morrison said an announcement about the case would be made in the “near future.”