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Morrison's Authority to Fire Tiller Special Prosecutor In Doubt

Obstructive acts of Morrison and Foulston may violate Kansas Law

Contact: Troy Newman, President, 316-841-1700; Cheryl Sullenger, Outreach & Media Coordinator, 316-516-3034; both with Operation Rescue

TOPEKA, Kansas, Jan. 8 /Christian Newswire/ -- As Paul Morrison is sworn in today as the new Kansas Attorney General, Operation Rescue warns him that his intent to fire the special prosecutor appointed to the Tiller criminal case may be an illegal one.

Thirty criminal charges involving illegal late-term abortions were filed against late-term abortionist George R. Tiller by Attorney General Phill Kline on December 21, but were dismissed the following day on a motion by District Attorney Nola Foulston that said Kline had no authority to file the charges. Kline appointed Special Prosecutor Don McKinney to continue to pursue the case.

“An independent special prosecutor is supposed to be just that – independent. They are endowed with full authority to take the prosecution of a matter to its conclusion without interference from anyone. They are usually appointed to remove a case from the hindrance of politics and corruption. That is exactly what happened in this case,” said Operation Rescue President Troy Newman. “We believe Morrison does not have the legal authority to fire the independent special prosecutor, who was lawfully appointed before Morrison’s term began. To take such action against the special prosecutor would be an overt act political act aimed at thwarting the prosecution of Tiller, with whom Morrison has political ties. This is clearly illegal under Kansas law.”

Operation Rescue also believes that Foulston’s motion that dismissed the charges against Tiller on jurisdictional issues, in clear contradiction to K.S.A. 22-3103, also illegally aided Tiller from having to face prosecution.

K.S.A. 22-2607 states: A person who knowingly harbors, conceals or aids another person who has committed or has been charged with a crime with intent that such other person shall avoid or escape from arrest, trial, conviction or punishment for such crime, may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed. [Emphasis added.]

“It is our opinion that Morrison and Foulston are knowingly misusing their authority and political positions to help Tiller avoid trial, conviction, and punishment for charges brought in compliance with the laws regulating criminal inquisitions,” said Newman.

“If Morrison wants to avoid further allegations of political corruption, he would do well to allow the independent special prosecutor to finish his job without impediment,” said Newman.

“We continue to explore every legal option available to us to insure that the charges against Tiller are heard in a court of law, and that any suspected political corruption that may be hindering the administration of justice in this case will be exposed and rooted out,” said Newman.

Operation Rescue is hosting a four-day event in Wichita on January 19-22, called "A Cry For Justice" to call national attention to Tiller’s late-term abortion practice and call for the reinstatement of criminal charges against him.

Click here to view segment of The O'Reilly Factor discussing corruption in the Tiller case.