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Updated: 9:24 PM Jan 24, 2008
Judge Denies Request in Tiller Grand Jury
Tiller's attorneys wanted to halt a grand jury's request for sensitive clinic documents. Posted: 5:23 PM Jan 24, 2008Email 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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