1887 Kansas Law Launches Abortion Probe

Provision Allows Citizens To Initiate Grand Jury Investigation Into Abortion Provider

(AP)  Religious conservatives have dusted off a largely forgotten 1887 state law that allows citizens to launch grand jury investigations, and they are using it to help turn Kansas into one of the nation's biggest abortion battlegrounds.

A grand jury that was impaneled Jan. 8 by way of a citizen petition drive is investigating Dr. George Tiller, a Wichita clinic operator abhorred by anti-abortion activists because he is one of the nation's few physicians who perform late-term abortions. This is the second such citizen investigation of Tiller since 2006.

Phillip Jauregui, counsel for the anti-abortion Life Legal Defense Foundation, said Kansans are invoking the 19th-century law because prosecutors are too soft on abortion.

"This is a right the people of Kansas have given themselves," he said.

But others say the law is a dangerous tool.

"This is a witch hunt - plain and simple," said Vicki Saporta, president of the National Abortion Federation, an abortion rights group. "It clearly demonstrates the inherent danger of empowering biased advocacy groups to impanel a grand jury."

Normally, prosecutors decide whether to convene a grand jury to investigate something and bring charges.

Under the Kansas law, enacted during the Gilded Age and the nation's great railroad boom to curb political corruption, the people can force an investigation if they collect signatures from a certain percentage of voters in a county. In small counties, that can be a few hundred signatures; in Wichita's Sedgwick County, about 4,000.

Five other states provide for citizen-petitioned grand juries: Oklahoma, New Mexico, North Dakota, Nebraska and Nevada, according to a Tiller attorney.

One of the most publicized grand juries convened by citizen petition was formed in Oklahoma after the 1995 Oklahoma City bombing, which killed 168 people. The investigation was prompted by suspicions that Timothy McVeigh and Terry Nichols had help in the bombing. But the grand jury found no evidence of a wider conspiracy or a government cover-up.

So far, no other state appears to have used the process to pursue a social and moral agenda as extensively as Kansas, which is attacking not just abortion, but pornography.

Since 2005, citizen petitions have forced several grand juries in Kansas to investigate whether adult bookstores should be charged with obscenity. Twenty stores were indicted, said Phillip Cosby, executive director of the National Coalition for Protection of Children and Families. Most of the cases have not been resolved.

The strategy? "To strengthen the prosecutor's hand" and let authorities know that "they are not alone - that we the people feel there is a very big problem," Cosby said.

The anti-abortion movement rediscovered the law when David Gittrich used it in 2006 to force an investigation into the death of a Texas woman who had an abortion at Tiller's clinic. Though the grand jury failed to return an indictment, people noticed.

Said Gittrich: "I was inspired by God to use the grand jury."

This time, Tiller is under investigation on suspicion of violating a 1998 state law restricting late-term abortions. He has denied any wrongdoing.

Tiller has long been at the very center of the nation's abortion battle. His clinic was bombed in 1985, and eight years later, a woman shot him in both arms.

"We see in Kansas a perfect example of a system which has virtually become active vigilantism," said Lee Thompson, an attorney for Tiller. "A very small minority number of people who have a specific agenda can force a criminal investigation - and I think that is a usurpation of the executive power of government."

Forcing a grand jury investigation requires signatures from 2 percent of the number of people who voted in the last governor's election in the county, plus 100 more names. In Tiller's county, activists gathered nearly 8,000, or twice as many as required.

Similarly, in December, a citizen-impaneled grand jury began investigating a Planned Parenthood clinic in the Kansas City suburb of Overland Park.

Then-Kansas Attorney General Phill Kline filed charges against Tiller in 2006, accusing him of performing 15 late-term abortions without the required medical justification and failing to report details to state health authorities. But a judge threw out the case in a jurisdictional dispute involving the district attorney in Wichita.

Then in June, Kline's successor, Paul Morrison, brought new charges against Tiller, accusing him of not getting the signature of a second doctor before performing late-term abortions.

Abortion opponents complained that the charges did not go far enough, and took matters into their own hands by pressing for a grand jury.

"I am still looking for justice," Gittrich said. "I am going to figure some way to get justice."

[gunnerv1]

"I was inspired by doG", and just what exactly did doG have to say? Well, he scrached his butt, rolled over and went back to sleep, saying that it was his day off and go figure it out for yourself (This guy has only worked six days in his entire life and look at the mess he left (he ought to be fired)).

[akakjb]

I''m surprised the article failed to mention the fact that current Attorney General Paul Morrison, a lifetime Republican, was so appalled at then-AG Phill Kline''s single minded witch hunt of Tiller that Morrison actually switched to the Democratic party just to get this whackamole our of office. The race wasn''t even close and Kline got his head handed to him.
Unfortunately, in a bizarre twist of fate, the Republicans got to choose who took over Morrison''s old job as DA (since he was a Republican when voted in to that office) for one of the 10 richest counties in the nation. As usual, incompetence and mediocrity got rewarded and Kline got the job. First thing he does in office (aside from firing almost every competent attorney in the building) is try and file charges against the local Planned Parenthood. Meanwhile, a smear campaign that alleged Morrison used his relationship with a woman who still worked in the county DA''s office to gather information on Kline''s abortion cases has forced one of the best lawmen the state has ever seen to tender his resignation. Has Kline''s scumbag fingerprints all over it.
I''m just wondering when someone with a brain starts using this petitioning law in Kansas to impanel grand juries investigating Phill Kline, Fred Phelps and some of the other prairie dog loonies we have cropping up in the state.

[Krazcarl]

A man just threw a child off a bidge he is a murderer but a lady that terninates an unwanted pregnancy is not period no debate. I had spleenectomy if not I would have died so I destroyed part of me does not make me evil all this is is the religious right trying to hang head trips on women to get thier political agenda across. To be honest I''m anti abortion BUT I choose not to inflict my beliefs on others or lay VERY SICK head trips. Besides I''m a man it''s a womans issue I stay out of. If all the money and energy these goofballs put into this they put into poverty and disabled thier wouldn''t be any, This is between a woman and her Dr. and faith and NOONE else needs to be involved trying to look carig and good looking for a free pass to heaven.

[hwy71so]

crazymeat, it takes a woman AND a man to create a fetus. Its not just the woman''s business, its the man''s as well.

Abortion is destroying a life that God created through a man and a woman. It is nothing more than murder.

[taddles-2009]

"I am still looking for justice," Gittrich said. "I am going to figure some way to get justice."

You mean "revenge" don''t you. Give a small man a little power and see what you get.

[undermyboot]

Said Gittrich: "I was inspired by God to use the grand jury." ---- Frightening people like this who "talk to God" for their instructions need to be put away where they cannot inflict their disease on everyone else.

[michellem99-2009]

JUST ANOTHER WITCH HUNT...WHEN WILL IT END...

[clovisbuford]

Several things come to mind when I read stories like this. Most ani-abotionists(pro-life buzz word) are also opposed to sexual education unless its abstinence only ,and family planning(birth control). Anti abortionists also assume that because a majority of Americans are pro-choice(another buzz word) they are pro -abortion . I think its a little more grey that that or gasp, nuanced .Most Americans are not pro abortion , they think its a womans choice and if it happens ,they want it to be a safe one . Several studies recently done have indicated (1) abstinence only education does not reduce unwanted pregnancies (2) in all countries whether abortion is legal or illegal ,abortion rates are the same . Lets find common ground, reduce unwanted pregnancies though sound total *** education(including abstinence ,condoms,BC etc.), make birth control affordable aand easily available ,unless its not about reducing abortion but regulating sexual behaviour and imposing morality and a religious view point using the government.

[Krazcarl]

HWY715o...If the man had charecter he''d be there to support her and we both KNOW that is not the case. I''m sick of idiots calling a woman that has an abortion a murderer may or may not be the best choice but it happens if the man cared he would have wore protection. I don''t believe it should be used as birth control. But I''m not going to throw sladerous stones and undermine a ladies self esteem. To be honest it''s none of my busness. Your wrong period.

[Krazcarl]

Hwy71so....God did not create that a act of lust did were not talking aborting Jesus were talking a lady that made poor choices get off the pulpit and into the real world take the log out of your own eye before you attempt to remove the speck from anothers.

[michellem99-2009]

I just wish the fanatic christians would just stop preaching how bad a lady is just cause she had an abortion. I feel for her. It is not entered in to lightly.It is not used as birth control. It is not our place to judge. It is a matter patent and her Dr. Church need to butt out. Some women have to to save their health and life. They should be fixed so they can''t have a child. CRAZYMEAT YER NOT EVIL...

[fibonacci_]

Just keep the pants on.

[sgtrds]

Most so-called Christian witch hunters trying to shove their version of the god myth down others throats. Keep your da*mn bible and religion out of my American laws!

[fibonacci_]

Exactly Sgt, although I dont think abortion is a nice idea (keep your *** pants on, is that so hard?), what right do I have to tell other people what is right especially if it doesnt affect me. A woman has something growing inside her...do what you want with it - especially in the first month or two. Shame on late term abortion people.