Abortionist Tiller acquitted by jury

They said he didn't abuse a conflict of interest on getting a second opinion from an employee required on Kansas law to kill a viable child.

**********************************************************

Mar 27, 5:07 PM (ET)

By ROXANA HEGEMAN
Google sponsored links
Prepare to be Shocked - Millions have already taken this amazing test. What's your RealAge?
RealAge.com


Advanced Chiro & Wellness - Get Out Of Pain Today! Low Back Pain, Headaches, Sciatica
www.acwclinic.com








WICHITA, Kan. (AP) - One of the nation's few late-term abortion providers was acquitted Friday of misdemeanor charges stemming from procedures he performed, but moments after the verdict was announced the state's medical board announced it was investigating similar allegations against him.

Prosecutors had alleged that Dr. George Tiller had in 2003 gotten second opinions from a doctor who was essentially an employee of his, not independent as state law requires, but a jury took only about an hour to find him not guilty of all 19 counts.

Tiller, who could have faced a year in jail for even one conviction, stared straight ahead as the verdicts were read, with one of his attorneys patting his shoulder after the decision on the final count was declared. His wife, seated across the courtroom, fought back tears and nodded. The couple declined to speak to reporters afterward.

Tiller, 67, has claimed that the prosecution was politically motivated. An attorney general who opposed abortion rights began the investigation into Tiller's clinic more than four years ago, but both his successor, who filed the criminal charges, and the current attorney general support abortion rights.

Soon after the verdict was announced, the state's Board of Healing Arts made public a complaint against Tiller on allegations similar to those at issue in the criminal case. The complaint was filed in December but not released until Friday.

The board, which regulates doctors, could revoke, suspend or limit Tiller's medical license, or fine him.

Tiller has been a favored target of anti-abortion protesters, and he testified that he and his family have suffered years of harassment and threats. His clinic was the site of the 1991 "Summer of Mercy" protests marked by mass demonstrations and arrests. His clinic was bombed in 1985, and an abortion opponent shot him in both arms in 1993.

Kansas law allows abortions after a fetus can survive outside the womb only if two independent doctors agree that it is necessary to save a women's life or prevent "substantial and irreversible" harm to "a major bodily function," a phrase that has been interpreted to include mental health.

Dr. Ann Kristin Neuhaus provided second opinions on late-term abortions before Tiller performed them.

According to trial testimony, Tiller's patients paid Neuhaus $250 to $300 in cash for providing the consultation and the only way patients could see her was to make an appointment with Tiller's office.

Tiller testified that he used Neuhaus based on advice from his lawyers and from Larry Buening, who was then executive director of the Board of Healing Arts.

Prosecutors tried to show that Tiller ultimately relied on his lawyers' advice - an important distinction because the judge told attorneys before their opening statements that relying on the advice of an attorney cannot be used as a legal defense to criminal charges. They also questioned Tiller about the conversation with Buening, noting that Tiller had testified that Buening said he couldn't quote him.

Tiller also testified that in about five cases each year, Neuhaus would disagree with him about the necessity of a late-term abortion. When she declined to concur, the abortion was not done, he said.

Tiller estimated that he performed 250 to 300 late-term abortions in 2003, each costing an average of $6,000.

Tiller said he is one of three doctors in the U.S. who currently perform late-term abortions. The others are in Boulder, Colo., and Los Angeles, he said.

---

Associated Press Writer John Hanna in Topeka contributed to this report.

---

Case is State v. Tiller, No. 07CR2112 in Sedgwick County.

On the Net:

Attorney general's office: http://www.ksag.org/home

Tiller's clinic: http://www.drtiller.com