Evidence, not resolution, to determine if Morrison re-files charges in Tiller case
10:31 p.m. Tuesday, March 27, 2007
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Attorney General Paul Morrison says he doesn't doubt there is a political element to the George Tiller investigation, and says he finds it interesting this case is the only one the legislature chose to pass a resolution.
But Morrison says that resolution is not going to determine whether or not he will file charges.
“When I make decisions to charge someone with a crime, it's going to be based on the evidence and it's going to be based on whether or not we can prove it in court,” he said.
Morrison says he's been working countless hours with his assistant to examine the facts and evidence in the investigation Tiller.
Additional information
In December, former Attorney General Phill Kline filed 30 misdemeanor charges against Tiller's Wichita clinic. Kline accused the doctor of performing illegal late-term abortions and failing to report the details to state health officials. But a day after charges were filed, a Sedgwick County judge dismissed them on jurisdictional grounds.
And though Morrison respects the legislature and its job to pass the laws, he says it's his job is to enforce them.
Tiller's attorney Lee Thompson says he's confident in Morrison's ability to conduct a fair investigation, and that the legislature's resolution is unconstitutional.
“If they were to direct the beginning of a criminal lawsuit, that would breech the whole separation of powers and set a horrible precedence in this country,” Thompson said.
House Resolution 6018 requires the attorney general to re-file the 30 counts of misdemeanor charges filed against Tiller in December.
Morrison was scheduled to appear in front of the house committee to testify about the resolution, but sent a written testimony instead, citing short notice.
But Morrison says that wasn't the reason why he didn't want to testify in person.
“I was really concerned they were going to ask, that they might ask some questions that might compromise the investigation and I wouldn't be able to answer them anyway,” he said.
Morrison says he's taking the charges against Tiller seriously, and has no pre-conceived notions to push the case—one thing Thompson says separates Morrison from former Attorney General Phill Kline.
“The people of this state spoke about Phill Kline's bologna last November and so I think they've already spoken about what they think about his attempts to invade the rights of privacy of women to get a people who are providing a constitutional service,” Thompson said.
The resolution now goes to the House for approval.
Morrison says it should be weeks before he has reached decision to re-file the charges, add new charges or not file them at all.
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Mar. 28, 2007 at 9:37 a.m. (Suggest removal)situveux1 (anonymous)
I think this is the first time I have ever seen a defense attorney who is "confident" in the prosecutor to take the appropriate action. I'm sure his confidence has nothing to do with the hundreds of thousands of dollars his client pumped into Morrison's campaign.
Also, how nice of the Attorney General to send a note to the committee telling him it was short notice why he wasn't there and then telling the cameras it's because he didn't want to have to tell them he couldn't answer that question. Why didn't he just say that in his note to the committee? Why not tell it like it is, why make an excuse? This guy is pathetic.
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