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Phill Kline subpoenaed to testify at Roeder trial

Scott Roeder's defense said today that it has subpoenaed former Kansas Attorney General Phill Kline to testify at the murder trial in the shooting of a Wichita abortion doctor.

Public defender Mark Rudy said the defense wants Kline to testify about his four-year criminal investigation of George Tiller's late-term abortion practices.

"We want him to talk about the factual basis of where his investigation led and how that information was disseminated to the public, including Mr. Roeder," Rudy said this afternoon.

Kline tried to file criminal charges against Tiller shortly before he left office. But a Sedgwick County judge dismissed the charges, saying Kline didn't have authority to prosecute cases here without the permission of District Attorney Nola Foulston.

Kline also was one of the first people to condemn the shooting of Tiller last May and said today that he was not testifying voluntarily.

"I have received a subpoena by mail and will comply with my legal obligation to appear," Kline said in a statement. "I still believe in the rule of law, whereas Mr. Roeder has allegedly decided to take the law into his own hands. I have always condemned any act of violence toward Dr. Tiller."

Roeder is charged with first-degree murder in Tiller's death and has publicly admitted to the shooting.

The office of current Kansas Attorney General Steve Six also confirmed this afternoon that assistant prosecutor Barry Disney received a subpoena by Roeder's defense.

Disney prosecuted a case involving 19 misdemeanor charges against Tiller last spring. A jury found Tiller not guilty of all charges.

Rudy declined to confirm Disney as a witness or to discuss defense tactics surrounding the witnesses.

Trial is set to begin with jury selection next week.

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