But prosecutors argued Wednesday that the defense failed to prove in a pretrial hearing that the ex-mistress of former Attorney General Paul Morrison persuaded him to file charges against Tiller.
The Wichita doctor faces 19 misdemeanor counts alleging he failed to obtain a second opinion for some late-term abortions from an independent physician. Tiller's defense attorneys argued the charges should be dismissed or evidence thrown out, saying that both Morrison and former Attorney General Phill Kline mishandled the case.
Judge Clark Owens will rule next month.
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