AP on Tiller

The AP:

Kansas law allows abortions after a fetus can survive outside the womb only if two independent doctors agree that it is necessary to save a women’s life or prevent “substantial and irreversible” harm to “a major bodily function,” a phrase that has been interpreted to include mental health.

Dr. Ann Kristin Neuhaus provided second opinions on late-term abortions before Tiller performed them.

According to trial testimony, Tiller’s patients paid Neuhaus $250 to $300 in cash for providing the consultation and the only way patients could see her was to make an appointment with Tiller’s office.

Tiller testified that he used Neuhaus based on advice from his lawyers and from Larry Buening, who was then executive director of the Board of Healing Arts.

Prosecutors tried to show that Tiller ultimately relied on his lawyers’ advice - an important distinction because the judge told attorneys before their opening statements that relying on the advice of an attorney cannot be used as a legal defense to criminal charges. They also questioned Tiller about the conversation with Buening, noting that Tiller had testified that Buening said he couldn’t quote him.

Tiller also testified that in about five cases each year, Neuhaus would disagree with him about the necessity of a late-term abortion. When she declined to concur, the abortion was not done, he said.

Tiller estimated that he performed 250 to 300 late-term abortions in 2003, each costing an average of $6,000.

Tiller said he is one of three doctors in the U.S. who currently perform late-term abortions. The others are in Boulder, Colo., and Los Angeles, he said.

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