August 16, 2007

Abortionist Tiller Goes "Judge Shopping" After Rejecting Pro-Life Judge

By Peter J. Smith

WICHITA, Kansas, August 14, 2007 (LifeSiteNews.com) - Notorious abortionist George Tiller and his attorneys filed a motion yesterday to replace the pro-life judge assigned to hear his case. Tiller faces 19 misdemeanor charges for violating a Kansas law that restricts late-term abortions.

The motion represents an abrupt change in strategy by Tiller's attorneys, who on Friday had stated that they had no objection to pro-life Judge Anthony Powell hearing the case, after Sedgwick County Chief Criminal Judge Gregory Waller recused himself from the case. Waller gave Powell the case after the pro-life group Operation Rescue pointed out Waller's possible conflict of interest: Tiller's attorneys, Don Monnat and Lee Thompson, had financially contributed and endorsed Waller in past campaigns.

On Friday, Powell had asked Tiller's defense team whether they objected to his presiding over the case. At the time they replied, "We trust the court's judgment in that regard."

The court papers filed Monday in Sedgwick County District Court do not specify the reason for removing Powell from the case. It is speculated, however, that the reason may be that Powell is one of the legislative authors behind the 1998 Kansas abortion law, and is known for being pro-life. In the past Powell has stated that Tiller was "defying legal and moral authority" by continuing to perform partial birth abortions.

In order to throw out the 19 misdemeanor charges against Tiller, his lawyers argued last Friday in an hour-long hearing that the 1998 abortion law is unconstitutional. It is unlikely, however, that Powell will strike down the statute he helped create and thought constitutional at the time.

"It's funny how a pro-life judge is considered biased, yet judges who received money from Tiller and his lawyers are considered 'fair,'" said Operation Rescue President Troy Newman. "It is a double standard that is inherently unfair and unjust."

"We believe that Judge Powell would have ruled fairly in the Tiller matter," said Newman. "What better person to rule on the intent of a law than one who helped pass it? I think Tiller's lawyers are afraid of a fair and honest judge, and the fact that they are engaged in judge shopping proves it."

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