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Posted: 8:39 PM Jan 30, 2008
Judge Denies Another Tiller Request
For the second time since the case began, a Sedgwick County judge has denied a request by abortion Doctor George Tiller's attorney's.
Email Address: natasha.trelfa@kake.com |
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Doctor George Tiller faced another courtroom setback Wednesday when a judge denied his attorney's request to protect his abortion patients privacy from a grand jury.
Attorney's for Tiller and the Center for Reproductive Rights argue that turning over nearly 2,000 patient records would be a serious invasion of privacy. They asked Judge Paul Buchannan to quash the subpoenas.
"We think the constitutional dimensions of this case also compel similar restrictions and safeguards," says Tiller attorney Lee Thompson. "In fact, without those, the subpoena must be quashed."
Tiller's attorney's also argued that the request was too broad, but the DA's office says the requests are more than reasonable.
"The reason the court held back was because the statute allowing a judicially sanctioned inquisition requires a reasonable suspicion to start it," explained Deputy District Attorney Ann Swegle.
In the end, Buchannan ordered the document case numbers be turned over by Thursday, so a random selection process could be started.
Tiller's attorney's and CFRR say they plan to appeal because they are concerned about the privacy of the patients involved.
The grand jury has 90 days to file charges. So far, it has been 22 days. The records must be turned over to the district attorney by noon Thursday.
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