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Ex-AG's affair an issue in abortion case
Published 11/19/2008 in News
WICHITA (AP) -- An adulterous affair by former Attorney General Paul Morrison has given abortion provider Dr. George Tiller an opening to press allegations of unfairness in the criminal case against him. Proving such a taint is another matter.
A flurry of subpoenas has not yielded a signed statement in which Linda Carter reportedly said she pressured Morrison to charge Tiller with violating state law, and Tiller's attorneys have been unable to find her.
Tiller's attorneys and an assistant attorney general said they appear to have an agreement to obtain from a special prosecutor -- who was subpoenaed by Tiller's attorneys -- a copy of statements made by Morrison's mistress. But even if they get the statement, it hasn't been determined whether it will be admitted as evidence.
A newspaper reporter who broke the story about Morrison's affair also was subpoenaed, but the agreement would eliminate the need for it, according to the parties.
"I think we'll resolve it," said Lee Thompson, one of Tiller's attorneys.
Morrison's lawyer, Trey Pettlon of Olathe, called the notion that Carter was behind the Tiller prosecution "absurd" and said Tuesday that the woman played no part in the decision to charge Tiller.
Dan Monnat, one of Tiller's lawyers, said Pettlon should support his assertion by producing Carter's statement, "and show me where she didn't say that."
Tiller, one of a few U.S. physicians who perform late-term abortions, faces trial in March on 19 misdemeanor counts of breaking Kansas law by failing to get a second opinion from an independent physician before performing some abortions.
Owens is hearing arguments this week on Tiller's request to dismiss the charges or suppress some prosecution evidence.
The Tiller investigation began under Phill Kline -- Morrison's predecessor as attorney general -- and Tiller's team spent much of Monday and Tuesday questioning Kline and his former investigator Thomas Williams, aiming to portray Tiller as the victim of overzealous prosecutors.
Williams returned to the stand this morning, and Kline was expected to resume his testimony next week. Morrison could testify Thursday.
Williams worked for Kline both in the attorney general's office and, later, the Johnson County district attorney's office.
He testified Tuesday that he interviewed Carter twice after being told in late October 2007 of her affair with Morrison.
Williams compiled a statement from the first interview, and Carter signed it. A court reporter was present for the second session, he said. He testified he doesn't have copies of his notes or the statements because he gave them to the special prosecutors investigating Morrison.
Morrison acknowledged his affair with Carter and resigned as attorney general in January. Carter has said their relationship began in September 2005 and lasted into 2007.
But unless the defense can find Carter to testify, her statements cannot be entered into evidence because they would be considered hearsay, argued Barry Disney, the assistant attorney general handling the criminal case against Tiller.
"Ultimately it is a moot issue unless they have her here," Disney said.
Kline, an anti-abortion Republican, launched an investigation of abortion providers shortly after taking office in 2003. Morrison, an abortion rights Democrat, defeated Kline when he ran for re-election in 2006.
Morrison had been a Republican Johnson County district attorney before switching parties to challenge Kline. Morrison had strongly criticized Kline over his investigations but launched what he called an independent examination before charging Tiller.
Associated Press Writer John Hanna also contributed to this report.
The case is State of Kansas v. George R. Tiller, No. 07CR2112.
On the Web:
Sedgwick County District Court: http://www.dc18.org/
Attorney general's office: http://www.ksag.org
Tiller's clinic: http://www.drtiller.com
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