Judge Denies Request in Tiller Grand Jury
Judge Denies Request in Tiller Grand Jury Save Email Print
Posted: 5:23 PM Jan 24, 2008
Last Updated: 9:24 PM Jan 24, 2008
Email Address: cayle.thompson@kake.com

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A judge ruled against attorneys for local abortion provider Dr. George Tiller Thursday. They wanted to halt a grand jury's request for sensitive clinic documents.

Tiller is under investigation for possibly performing illegal late term abortions. The grand jury's findings would determine whether formal charges are filed. A grand jury has looked into alleged wrong-doings by the doctor in the past, and cleared him of any crimes.

Grand jury proceedings are typically kept secret, but in an open courtroom Thursday, attorneys on both sides argued just how much authority a grand jury should have when it subpoenas evidence. In this case, members of the jury have requested documents containing what Tiller says is private employee information that, if leaked, would jeopardize their safety and well-being.

"We are dealing with requests from citizens who are unregulated by any code of conduct," said defense attorney Laura Shaneyfelt on Thursday afternoon. "It is one thing to ask questions, but is far different and far more invasive... to turn over files to a group of unregulated and untrained citizens."

Dr. Tiller's attorneys contend the grand jury should not have access to information typically limited even to prosecutors and law enforcement officials. Tiller's defense also argues any evidence contained in such documents would be used against him in a case filed last summer by Attorney General Paul Morrison. In that case, Tiller faces 19 misdemeanor charges for not consulting with a second, unaffiliated physician before performing abortions.

But prosecutors say the two cases have no bearing on each other.

"This is designed to allow ... a grand jury to better understand the information they are asking for," said deputy District Attorney Anne Swegle.

Swegle says a grand jury's right to subpoena evidence should go as far as necessary to determine if a crime has been committed.

The judge in the case agreed, ruling Dr. Tiller must hand over the requested documentation.

No deadline was set at the hearing, though the grand jury has 90 days to request and review evidence before making a decision.

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Posted by: Gerry Location: Baltimore on Jan 31, 2008 at 11:27 AM
It makes me sick that this is happening in the state I went to college in. Let's get something straight. THESE ABORTIONS ARE LEGAL! Secondly, private citizen's medical records ARE PRIVATE! Unless the district attorney can prove there was a crime committed to warrant opening these records, they ARE PROTECTED BY THE LAW. All these anti-abortion protesters, I want to be in the doctor's office or home when they find out their daughter's baby will not survive full-term and is terminally destined to die. What then? Should YOUR daughter have to carry a dead baby in them to full-term? If so, that's nice parenting.

Posted by: Godlovesallbabies Location: Wichita, KS on Jan 28, 2008 at 05:02 PM
Charge Tiller, it's the law!

Posted by: cliff Location: wichita on Jan 25, 2008 at 07:32 AM
so there goes "doctor patient confidentiality" the taliban witch hunt continues regardless of law and the constitution.

Posted by: Christina Location: Bucheon, South Korea on Jan 25, 2008 at 04:04 AM
Your story made it sound initially as if there was sensitive and private information about the *patients* in the records in question. And it turns out that the sensitive and private information consists in possibly revealing specifically who Tiller's accomplices are in lawbreaking. Isn't this the sort of thing that we *want* turned over to law enforcement?

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