Grand Jury By Petitition - A Final Chance For People's Justice Or An Abortion Of Justice?
MayorBob.
Posted to Legal on Tue Jun 17, 2008 at 01:14:44 PM EST (promoted by port1080). RSS.
People in Kansas have been trying for some time to stop Dr. George Tiller from doing what he does best. They've tried to legislate him out of business, without luck. They've tried to find sympathetic prosecutors to charge him with a crime - likewise without luck. They've even shot him twice, but only winged him in the arm.
Now, they're taking advantage of a century-old law which was intended to allow citizens to go after corrupt public officials. Those using the grand jury system against Dr. Tiller believe they are serving a higher power. Those who are on Tiller's side say they are perverting justice.
Dr. Tiller is the primary physician in residence at Women's Healthcare Services PA in Wichita, Kansas. Dr. Tiller's main practice involves performing therapeutic abortions and he openly advertises that he specializes in late term abortions. It is this last piece of information which has him caught up in the grand jury process. Kansas is one of six states which allow grand juries to be convened if someone can get enough signatures on a petition. Someone got enough to seat a grand jury considering whether Dr. Tiller's practice violated Kansas abortion law, specifically the part which outlines what sorts of written information patients must be given.
According to Dr. Tiller this consent form satifies "the basic notification agreement." The current grand jury has been sitting and listening to evidence for months; they are scheduled to wrap up their proceedings next month. At that point, they will either return an indictment against Tiller or not (a grand jury by petition which was investigating another abortion clinic in Overland Park failed to return an indictment this past March).
According to State Senator John Vratil (R - Leawood): "This is an abuse of the grand jury system. It's being used in a political way to further a political cause, and that was never the purpose of the grand jury system in Kansas." As Vratil chairs the Senate Judiciary Committee, he speaks from a base of knowledge. Kansans For Life (KFL) have been the motive force behind the two grand juries brought into existence to go after abortion providers. KFL's spokesperson David Gittrich disagrees with Senator Vratil, "this is a measure for the people to get some justice if law enforcement doesn't do its job, and that's exactly what we're doing." But, with a track record of nine grand juries by petition recently in Kansas (most going after porn merchants) and only one conviction to show, it does raise the question of is this process costing the people more than they receive in return in the way of justice?
In addition to the considerable time of the grand jurors who must sit and hear the evidence presented there's also the considerable time, energy and expense of collecting the evidence and subpoenaing witnesses. All that time and expense to support a process which one New York jurist once proclaimed could result in the indictment of a ham sandwich. And, as long as grand jury by petition is used for its original purpose - to get at corrupt public officials that law enforcement won't touch - the system is good according to law professor Douglas Beloof. But Beloof believes using it to pursue dubious political agendas can only do damage, "this is an important check, and to the extent that it's used for political purposes as part of some sort of broader agenda, it threatens the viability of the check itself." Speaking of politics, if Tiller does end up indicted as a result of this grand jury, you may expect some sort of connection to Senator Barack Obama's run for the White House. It seems some observers detect an evil link between Tiller and Governor Kathleen Sebelius, who is considered one of those on Obama's short list of vice presidential running mates.
Obama calls for fathers to step up >
