Abortion foes use 19th-century law for help

This time, Tiller is under investigation on suspicion of violating a 1998 state law restricting late-term abortions. He has denied any wrongdoing.

Tiller has long been at the very center of the nation's abortion battle. His clinic was bombed in 1985, and eight years later, a woman shot him in both arms.

"We see in Kansas a perfect example of a system which has virtually become active vigilantism," said Lee Thompson, an attorney for Tiller. "A very small minority number of people who have a specific agenda can force a criminal investigation — and I think that is a usurpation of the executive power of government."

'Looking for justice'
Forcing a grand jury investigation requires signatures from 2 percent of the number of people who voted in the last governor's election in the county, plus 100 more names. In Tiller's county, activists gathered nearly 8,000, or twice as many as required.

Similarly, in December, a citizen-impaneled grand jury began investigating a Planned Parenthood clinic in the Kansas City suburb of Overland Park.

Then-Kansas Attorney General Phill Kline filed charges against Tiller in 2006, accusing him of performing 15 late-term abortions without the required medical justification and failing to report details to state health authorities. But a judge threw out the case in a jurisdictional dispute involving the district attorney in Wichita.

Then in June, Kline's successor, Paul Morrison, brought new charges against Tiller, accusing him of not getting the signature of a second doctor before performing late-term abortions.

Abortion opponents complained that the charges did not go far enough, and took matters into their own hands by pressing for a grand jury.

"I am still looking for justice," Gittrich said. "I am going to figure some way to get justice."

More from msnbc.com World Blog: Bracing for climate-change migrants Bank bailout will cost taxpayers billions Red Tape: Times are tough — even for cybercriminals  Brazilian police accused of killing 11,000 since 2003 Send us your salutes to troops, friends, kin Giving back for the holiday season? Tell us how On Twitter: Breaking news updates | Weird and wild

MORE FROM CRIME & COURTS

Crime & courts Section Front

Thousands turn out to honor slain officers FBI expands U.S. terror probe overseas Woman allegedly tried to cut out unborn baby Ohio executes killer with one-drug injection Pair allegedly sells moonshine at day care Teen pleads not guilty to killing neighbor, 9 Ex-FBI director to probe Fort Hood massacre U.S. settles royalty dispute with tribes Surprise! Merchants say Web fraud is down Crime & courts Section Front   Add Crime & courts headlines to your news reader: