By John Jalsevac
WICHITA, KS, February 25, 2009 (LifeSiteNews.com) - District Court Judge Clark V. Owens released his decision this afternoon denying the motions filed by late-term abortionist George R. Tiller, which asked the judge to suppress evidence against him and dismiss the 19 pending criminal charges involving illegal late-term abortions.
The decision means that Tiller will stand trial to answer to the charges of performing late term abortions.
In his decision Judge Owens addressed all the concerns that Tiller’s attorneys brought up over six days of testimony, especially those alleging outrageous governmental conduct involving former Attorney General Phill Kline.
Kline, who spearheaded not only the case against George Tiller, but another against Kansas Planned Parenthood, has been the subject of intense criticism on the part of both Tiller’s and PP’s defense teams. They have alleged improper conduct on Kline’s part in an effort to recover potentially damning medical records that Kline obtained during his investigations.
However, hearings that have been held in regard to Kline’s conduct have vindicated him and ensured that both of the cases moved forward.
Last month during a dramatic hearing that addressed Kline’s conduct in pursuing the charges against Tiller, a former staffer with the Johnson County district attorney’s office, who had been subpoenaed by Tiller’s own defense as a key witness, instead testified against Tiller and in favor of Kline. In her testimony Linda Carter vehemently denied that Kline had pressured her to influence former Attorney General Paul Morrison (with whom Carter had been having an affair) to prosecute Tiller, as Tiller’s attorney Dan Monnat had alleged.
Instead, Carter said she was certain Tiller had conspired with Planned Parenthood to break the law and circumvent Kansas’ late-term abortion laws, and ought to be prosecuted.
"I saw the truth with my own two eyes," she testified. "I saw the records and made my own opinion."
In today’s ruling Judge Owens responded to criticisms of Kline that emphasized his personal pro-life position, observing, "While Phill Kline testified that he would like for all abortions to be outlawed, his investigations made no attempts to prevent lawful abortions from being performed in the State of Kansas. His 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.
"The motion to dismiss or suppress is therefore denied."
"Once again, under microscopic examination to an unprecedented degree of scrutiny, a court has found no wrongdoing in the investigation by the former attorney general," said Caleb Stegall, a member of Kline’s defense team, according to the Wichita Eagle.
"This decision brings us one step closer to justice," said Operation Rescue President Troy Newman. "We continue to pray that true justice will be served on behalf of the innocent, viable babies wrongfully killed by Tiller."
Tiller is scheduled to go to trial on March 16.
See related LifeSiteNews.com coverage:
Witness again Vindicates Phill Kline: Case against Tiller to Continue