Somewhere in Virginia, Phill Kline is smiling. Sedgwick County District Judge Clark Owens denied Wichita abortion doctor George Tiller's request to dismiss 19 misdemeanor charges for allegedly failing to get an independent second opinion for late-term abortions that he performed.
"While Phill Kline testified that he would like for all abortions to be outlawed, his investigations made no attempts to prevent lawful abortions from being performed in the State of Kansas," Owens wrote. "His procedures have certainly been questioned by the Kansas Supreme Court, but his conduct in the investigation does not merit the sanction of the dismissal of the charges or suppression of evidence."
Owens found that the handling of the records "were quite questionable, but not illegal." He also found no evidence of bias in the judge who issued the subpoenas. Read the full ruling here.
The ruling "vindicates" Kline, the former Kansas Attorney General's attorney told The Wichita Eagle.
Tiller's trial is scheduled for March 16.