Corrupted DA in Wichita Sells Out Rape Victims

Corrupted DA in Wichita Sells Out Rape Victims
Stephen Mashburn reporting

For over three & a half years Kansas Attorney General Phill Kline has been aggressively investigating the reporting of child rape victims. Finally winning custody of abortion records he visited with Sedgwick County District Attorney Nola Foulston before filing 30 charges, 15 illegal late term abortions and 15 failure to report violations against George Tiller. The failure to report charges ranged from age 10 to 21. DA Foulston then incorrectly stated Kansas law to Judge Paul Clark who granted her request to dismiss the charges! Kline appealed his dismissal and Nola Foulston, a personal friend of George Tiller demonstrated corruption at its worst again. The legal battle is not dead though. Read the enclosed emails and statements.

Statements from KS AG Kline and more are below this email. The most glaring issue is complete failure by the media to cite the Kansas Statute that renders Judge Clark's ruling and DA Foulston's request void even though Attorney General Kline included it in every statement he released ! It will be cited here.

Here is an email communication on the hearing.

Saints, this is a write up of what happened in court yesterday by David Gittrich of Kansans For Life.  I was there and it was astonishing to me to see the DA (Nola Foulston - who was unable to have children of her own thus adopted her only son from her friendship with George Tiller) so openly, in a packed court room, openly befriend, laugh, and joke with Tiller's attorney's.  Pastor Mark 

Dear Sedgwick County Pro-lifers,

I was in the courtroom today when Judge Paul Clark ruled that District Attorney Nola Foulston had the right to dismiss the charges filed against George Tiller. Judge Paul Clark ruled that she had to acquiesce before charges could be filed by the Attorney General.  

Nola Foulston was upset because SHE is the chief law enforcement officer and she had to agree with the charges or “acquiesce” BEFORE any charges were filed.  In other words, Sedgwick County is Nola's turf, she is in charge, and nobody, but nobody is going to file criminal charges without her permission.

Never mind that criminal late-term abortions have been taking place here for years, under her very nose, and she has not bothered to investigate them.

Never mind that some District Attorney's might be involved in criminal activity but now, according to Judge Clark and Nola Foulston, we have to get the criminal permission before any charges could be filed!!  Yea, like that's going to happen.

Never mind that at least three County Attorney's in Kansas WERE involved in criminal activity and the AG's office did file charges against them (without their permission) and prosecuted them.

Never mind that Nola Foulston and George Tiller are friends and she agrees with Tiller – she is pro-choice.

Never mind that piles of evidence was gathered by the Attorney General's office and presented to two separate District Court Judges.  Both ruled there was probable cause of criminal activity and one of them issued a summons on George Tiller for criminal late-term abortions.

So, I guess you and I should acquiesce to Nola Foulston and Judge Paul Clark.

Right?

Never?  We will not acquiesce to protocol.

We will never acquiesce to the killing of children.

We will never acquiesce because Nola Foulston tell us to.

Friends, we are just getting started.  Maybe our biggest problem is that we have been acquiescing.   Well no more.

First, we need you to call Nola Foulston's office and ask her to bring criminal charges against George Tiller right away.  There's plenty of evidence so she should “take care of her turf” and file charges.

Be polite in your request but be persistent.  One phone call a day would be about right.

Nola Foulston's office number is 660-3600 that's 660-3600.

You have my permission to forward this to everyone on your e-mail list.

This battle is not over – it has just begun!

God bless you.

David Gittrich
State Development Director
644-0715
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Here is a statement AG Phill Kline asked to be distributed on Kansas State Law.

There are four items that are important to know when considering the actions of the District Court in response to the arguments of the District Attorney in Sedgwick County in the case filed against Mr. Tiller. Three of the four items are not mentioned in any of the media coverage of this case.

1)       Kansas statute in two places expressly allows the Attorney General to bring the actions such as the case filed against Mr. Tiller.

a)                             KSA 22-3103 states

“(i)f the testimony taken at an inquisition discloses probable cause to believe that a crime has been committed… the attorney general …may file such testimony, together with his complaint…against the person or persons alleged to have committed the crime…and a warrant shall there upon be issued for the arrest of such person…as in other criminal cases.” (Emphasis added). (This investigation was initiated pursuant to the Kansas inquisition statutory authority).

b)                             Kansas law requires abortion doctors to report the reason and basis for a late-term abortion to the Kansas Department of Health and Environment. The statute also states: KSA 65-445:

“Information obtained by the secretary of health and environment under this section ... may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the...  attorney general pursuant to this subsection shall be used ... for the purpose of a ...criminal proceeding . ” KSA 65-445 (emphasis added)

2)       District Attorney Nola Foulston argued that she could pre-empt action by the Attorney General, that the statute of limitations had run on all of the cases and that there was no ability to appeal Judge Clark's dismissal actions. These arguments are so complete and thorough in providing an absolute prohibition of pursuing the charges filed that Dr. Tiller's attorneys adopted the arguments of the Sedgwick County prosecutor in their entirety. Dr. Tiller's attorneys expressly stated in court that they fully agree with all of the arguments presented by DA Foulston.

3)       The only two judges who have reviewed any of the evidence presented have found probable cause to believe that crimes have been committed – Shawnee County District Court Judge John Anderson and Sedgwick County District Court Judge Eric Yost. Judge Yost was asked to review the evidence presented to determine if there was probable cause to believe that Dr. Tiller committed the crimes committed. Judge Yost found such probable cause and issued a summons for Tiller to appear to answer the charges. The allegations in the complaint are simply allegations at this stage and Dr. Tiller is presumed innocent by law.

Unfortunately, the above three items have and probably will continue to receive a paucity of media coverage in Kansas media. The statute has not been quoted in any media story despite my including the law in every statement and news release on the topic.

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Phill Kline has since appointed an independent prosecutor, Don McKinney of Wichita (See article The Truth from Kansas Attorney General Phill Kline). Who is pursuing these charges against George Tiller now. Unfortunately Kline's successor who takes office January 8, 2007 has stated he will probably dissolve the independent prosecutor appointment and if he kept it he would certainly fire Don McKinney simply because he is pro-life. Also, early in Morrison's campaign he promised to drop the investigation into abortion clinics if elected (See this news article in the Lawrence Journal-World).

The innocent blood shed by Tiller resulted in blood money that was used to finance the campaign of Paul Morrison this past November that has bought a corrupt Governor, Kathleen Sebelius and a corrupt Attorney General, Paul Morrison. We will not allow this corruption to be swept under the rug! As David Gittrich said, we will never acquiesce again! We are just getting started. Make sure you see the pictures Spirit One Church marquee courtesy of Pastor Mark Hollick.

In an ironic move up in Johnson County where Paul Morrison has served as DA for 18 years as a Republican before switching his party affiliation to Democrat to run against Kline, duly elected Precinct Committeemen & Committeewomen elected Phil Kline to fill the rest of Morrison's term. As DA of Johnson County Phill Kline can and will file any possible charges there may be against Planned Parenthood in Overland Park, KS. Jesus is still on the throne!

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