Kline: Let a special prosecutor do it

   Outgoing Attorney General Phill Kline plans to appoint a special prosecutor to handle criminal charges against Dr. George Tiller, the Wichita abortion provider. Kline made that announcement Wednesday, about two hours before a hearing in Sedgwick County District Court on whether 30 misdemeanor charges against Tiller should be reinstated.

UPDATE: From The Star's David Klepper:  Naming a special prosecutor means the investigation can go forward without Kline, who lost a re-election bid in November but was later selected by Republican precinct leaders to become Johnson County district attorney. The special prosecutor, Don McKinney, a Wichita attorney and a Democrat, will be directed to investigate and prosecute only Tiller and not an Overland Park abortion clinic, which was also part of Kline’s three-year investigation into alleged violations of state abortion laws.

UPDATE:  Sedgwick County judge today rejected a request from Kline to reinstate criminal charges against Tiller. The judge agreed with Sedgwick County District Attorney Nola Foulston that Kline could not file criminal charges in her jurisdiction without her consent. The judge's decision has no effect on Kline's appointment of a special prosecutor to continue the investigation of Tiller.

Posted by Keith Chrostowski

Comments

[jeetzwillagers]

And complaints about who will handle the case Dems? See below.

(from AP article)

"Kline chose Wichita attorney Don McKinney, a Democrat and brother of House Minority Leader Dennis McKinney, D-Greensburg, as special prosecutor. Kline said he chose Don McKinney because he's a well-respected attorney and a Democrat."

[MonkeyHawk]

"This appointment of an independent special prosecutor will remove this investigation from a highly charged political process," Kline said...

Uh-huh.

Donald Arthur McKinney isn't part of any law practice, doesn't have an office (he claims his home as his office for tax purposes).

He calls himself "Don the Dingo, and has been an anti-choice fanatic for years. McKinney testified before Congress about how the evil Constitution wouldn't let Abti-Abortionists block cars, throw rocks at patients, or shoot doctors. The Dingo sought to get legislation that would make it easier for the antis to terrorize the public under the guise of freedom of speech.

His powers of persuasion are so impressive, the legislation was overwhelmingly voted down, even by so-called pro-life Congressmen.

[jeetzwillagers]

Monkey Hawk:

Never a dull moment with you.

[MonkeyHawk]

Here's Phill (the second L is for "Liar") Kline's so-called "independent" prosecutor, testifying:

http://www.fishnet.us/worship/200205/msg00054.html

[jeetzwillagers]

Monkeyhawk;

Before I visit that sight, is it a safe site that will not cause me to abort (computer term) so as to avoid my computer crashing?

[Joe Medley]

jeetzwillagers said

"Monkey Hawk:

Never a dull moment with you."

Do you have a refutation of any of the facts in Monkey Hawk's 2:14 posting, or are you just taking cheap shots because you don't have anything else?

[jeetzwillagers]

Joe,

If "never a dull moment" is a cheap shot, then things must be getting pretty hot these days.

Try and stay cool during this heat wave.

[jenniferm]

jeet, you forgot to mention your tool (or is it you are a tool), oh, never mind.......

[jeetzwillagers]

Jenniferm,

So it is ok from the "free speech" police if I use.....

Ratchet it up!

[jenniferm]

yes it is.

[Mike Shaw]

Is there anyone you would be happy with prosecuting the case, folks? Kline's the devil incarnate to you guys, so why aren't you jumping with glee that he's not on the case. I swear, if Kline appointed your own mother (presuming she had a law degree, of course) you'd find something to complain about.

It shouldn't matter who's prosecuting the case. If there was wrongdoing on behalf of Tiller the Killer, let him be punished. It's not as though a jury is going to rule against him simply because he's an abortion doctor - that's legal. If he aborted without just cause after the 22nd week - he's guilty. Simple as that. Stop whining. Even though you never gave Kline a snowball's chance, let this man do his job and try the case.

[dingojoe]

Big Deal. The special prosecutor can be shut down the first day Morrison takes office. Wonder what kind of paycheck this Wichita guy will get for 19 days of work?

[dingojoe]

Oops, that would be 11 days of work.

[jeetzwillagers]

Your right DJ. Morrison can shut down the Special Prosecutor and he probably will. What courageous expenditure of political capital that will take now that Clark has ruled. I can see the headlines in the Star.

In big bold print:

"Political Life On The Line: Morrison says "Make Love, Not War!

[political moderate]

It seems to me that:

1. Phill Kline is a bit of a nutcase.
2. The anti-abortion groups in Kansas have played Phill like a puppet.
3. Phill's use of the law is a bit sophomoric.
4. Roe v. Wade is under attack with Kline's barrage of attacks.
5. The cases in question have some extenuating circumstances that "may" place them outside the boundaries of Kansas laws on abortion.
6. There isn't a mechanism in Kansas law for judicial review of these type of cases before the abortion is performed. Certification must only come from two physicans.
7. Our society welcomes judicial oversight as a means of protecting itself from aggressive actions by professionals.
8. There is enough question regarding these particular cases that they should be scrutinized by a judicial review process.
9. If Dr. Tiller has violated the law, he should be sanctioned (punished).
10. Doing this does not jeopardize Roe v. Wade and the right of a woman to monitor and decide her own reproductive health (within accepted limits).

What's the fuss over the Special Proscutor?

[jeetzwillagers]

Poly Mod,

We have been in disagreement before. But this time my hat is off to you. I don't think anyone could say it any better than you just did.

(Tipping my hat to you)

[jeetzwillagers]

By the way, I'm referring to 4-10. As for 1-3, sometimes those are needed to "wake up" the powers that be from their "political nap."

[jeetzwillagers]

It use to be that sleeping on the job got you fired.

and as far as I can tell you cmarshalldavis are a grumpy cantankerous a-hole. Do you ever find anything good? besides bashing others that is.

[mike]

It's nice that cmarshalldavis can light into jenniferm alleging that she provides no comment of substance but he says nothing about jeetz whose only comment for days has been "getting hot" and "ratchet it up". DBs.

[mike]

What everyone is overlooking is that career prosecutors (those who have actually tried a case and understand the concept of burden of proof and what is necessary to prevail in a jury trial - unlike the newly appointed, overwhelmingly underqualified JoCo DA Kline) have reviewed the evidence in the abortion violation cases and have decided that A) no law was violated, or B) if the law was violated the defenses were strong enough to overcome any evidence sufficient to support a conviction.

[mike]

Finally, what the anti-'s seem to misunderstand is that they are being manipulated by the right. If these guys were really fighting against abortion, rather than posturing to obtain cheap political points, they would have actually accomplished something on the anti agenda. For example, if Kline actually wanted to accomplish something, instead of issuing a blanket subpoena he could have determined about 10 cases that were indicative of a crime and subpoenaed those records. If he had done that, the arguments of fishing expedition and witch hunt would not have had legs. The KS Supreme Court (almost exclusively appointed by Republican governors, by the way) would have been less inclined to think it was a fishing expedition, witch hunt and would have ruled quicker. This would have allowed Kline the limited access it took two years to get because he was lying (excuse me, "less than forthright"). Then, he could have obtained the records and prosecuted Tiller for the misdemeanors and obtained a conviction. And, get this, once he gets the first conviction, all following charges for the same violations are felonies. Meaning he could have put Tiller in jail and completely stopped his alleged illegal abortion practices.

Wait for it to sink in. You are being used.

[political moderate]

Mike-
Not disagreeing, but I missed that thread of info during the discussion.
Can you provide the particulars?

[jenniferm]

mike, cmarsh got his panties in a wad because I have him on my ignore radar (see Tuesday's open thread). So he goes and writes wonderful things about me on other threads. **sniff**sniff** I don't think he likes me **sniff**sniff**

I think jeetz does argue his point well, but I don't agree with him.

[jeetzwillagers]

Mike,

You must be privy to legal procedures not available in the State of Kansas. But I'm on to other adventures.

And hanging out my sign on this topic, it says....

Gone Fishing!

(I hear the crappie are good at Hillsdale)