Posted on Fri, Oct. 23, 2009 08:11 PM
TOPEKA | A Kansas prosecutor said Friday that an allegation that he misled a judge during an investigation of an abortion provider already has been reviewed — and rejected — in another inquiry.
The allegation and others against Stephen D. Maxwell stem from former Attorney General Phill Kline's investigations into abortion clinics in Wichita and suburban Kansas City. Maxwell an assistant to Kline, an anti-abortion Republican, in the attorney general's office in 2003-07 and later in the Johnson County district attorney's office.
Maxwell, now senior assistant district attorney in Reno County, filed a formal response Friday to the ethics complaint with the state's Board for Discipline of Attorneys. The board's top investigator filed the complaint in September, and the board has scheduled a hearing for Feb. 17-18.
The complaint alleges Maxwell misled a state judge in Topeka to further Kline's investigation as attorney general of Dr. George Tiller, of Wichita. It also alleges Maxwell improperly withheld important information in 2007-08 from a grand jury investigating a Planned Parenthood clinic in suburban Kansas City.
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Tiller's attorneys had asked a Sedgwick County judge to dismiss the charges, arguing that "outrageous" conduct by Kline and his deputies had tainted the prosecution beyond repair. As examples, the cited incidents now listed in the ethics complaint against Maxwell.
The judge denied the request, and a jury acquitted Tiller in March. The doctor was shot to death in May.
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