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Judge mulls whether to toss abortion stalking case

WICHITA, Kan. (AP) -- A Kansas judge is mulling over whether a Wichita abortion clinic operator can use the state's stalking laws to force an anti-abortion activist to stay away from her.

Sedgwick County Judge James Beasley heard oral arguments Tuesday on a defense request to dismiss the case filed by the woman who opened Wichita's first abortion clinic since abortion provider George Tiller was murdered in church.

Julie Burkhart won a temporary protection from stalking order earlier this year against Mark Holick, pastor of Spirit One Ministries. The pastor is accused of distributing "wanted-style" posters with Burkhart's picture and home address.

Beasley says he will rule in 5-10 days. He says he realizes the case will have an effect on Burkhart and to the way Sedgwick County handles similar cases in the future.