Wichita abortion provider George Tiller's lawyers are arguing there was extreme misconduct on the part of the attorney general's office and want evidence suppressed or charges against Tiller dismissed.
The week-long hearing is also expected to include testimony from several key people who've been subpoenaed, in addition to Kline and Morrison.

"This technical, political prosecution was brought about as a result of a selective investigation and result of outrageous government conduct," explains Dan Monnat, a Wichita attorney representing Tiller.

As the possibility of Tiller going to trial nears, his defense team prepares for what's expected to be a lengthy hearing. Tiller is charged with 19 counts of breaking a 1998 state law involving late term abortions. His lawyers are pushing to dismiss the charges or have evidence suppressed, claiming Kline and Morrison practiced misconduct in their investigation of Tiller.

"I anticipate there will be a lot of politicians that will not want to directly answer specific questions about their misconduct," said Monnat.

Morrison charged Tiller last year with not following a law requiring a second physician to sign off on late-term abortions. The charges came after Kline received access to dozens of abortion records. Tiller's attorneys said the way the evidence was gathered is questionable and shouldn't have been allowed.

The list of people subpoenaed for the hearing includes Kline, Morrison, Assistant Attorney General Jared Reed, Judge Richard Anderson, Thomas Williams, who was a special investigator under Kline, and Assistant Attorneys General Stephen Maxwell and Eric Rucker. It's a list Monnat said could prove to be a challenge for the current AG's office.

"The current attorney general's office finds itself in the situation that this AG's office filed complaints against Kline claiming his activities were unethical so, how now do they say they weren't outrageous," said Monnat.

If the attempt to suppress evidence and dismiss the charges is not successful, Tiller's trial could begin in March.