FBI traces members of abortion murder suspect’s study group

Wednesday, Sep 23, 2009

Posted on Sun, Aug. 30, 2009

By JUDY L. THOMAS
The Kansas City Star

They met in one another’s homes on Saturdays, their Sabbath, for potluck dinners and scripture study sessions.

Among the topics: The Old Testament, their Hebrew roots and the “secret societies” attempting to control government and culture.

Among the members: Scott Roeder, the Kansas City man accused of killing Wichita abortion doctor George Tiller.

As the investigation continues into whether Roeder acted alone in Tiller’s May 31 death, members of the study group have found themselves in the spotlight, showing up on the witness list for the prosecution and being interviewed by the FBI.

Even a rabbi at an Overland Park congregation of Messianic Jews has been questioned, although Roeder’s group broke away after some members were asked to leave the synagogue.

“People are trying to make something out of nothing,” said Michael Clayman, an attorney who was host for the group for a time in his Merriam home.

“It was like any other Bible study around town. It was a bunch of guys having spaghetti and meatballs, talking about philosophy. It wasn’t a bunch of Jim Jones people meeting or drinking Kool-Aid or plotting things. No cult, no nothing.”

The group does help explain the foundation of some of Roeder’s beliefs, which included distrust of government and opposition to abortion.

Those attending the study group describe themselves as Messianic Jews who, unlike mainstream Jews, believe that Jesus was the Messiah. Some people who call themselves Messianic Jews, such as Roeder, are not Jewish.

Messianic Jews observe many Jewish customs, including dietary laws and holidays.

In a recent interview, Roeder said he “had become a believer” around 1992.

“I converted, born again to Christianity,” he said. “I guess you could say Messianic, or turned to Jesus, Yeshua, as my Savior.” He said Messianic believers such as himself had gone “back to our Hebrew roots.”

Roeder said he preferred going to a study group instead of a more formal religious setting because “organized religion is 501(c)3 tax-exempt organizations, which are businesses.”

“We stay away from them,” he said, adding that religious organizations receiving tax-exempt status become corrupt because they are beholden to the government.

Roeder and other members of the Bible study used to attend the Or HaOlam Messianic Congregation in Overland Park but split off, some said, because the leaders did not want to hear their talk about Freemasons and other “secret societies.”

They also didn’t approve of Or HaOlam being registered as a nonprofit corporation with the state of Kansas.

Rabbi Shmuel Wolkenfeld of the Or HaOlam congregation confirmed that Roeder and the others left over disagreements. Wolkenfeld said he hadn’t seen them for several years.

“We had such divisive conversations with them,” he said. “Scott became displeased with us because we were an incorporated Kansas charity.”

He said the group also espoused conspiracy theories — including an assertion that Prince Charles is the Antichrist — and that eventually, he and the elders had to “uninvite” two of Roeder’s friends.

“With Scott, we had a bunch of discussions, then he just disappeared,” he said. “I wish we could have helped him, but he had his own opinions.”

Wolkenfeld said the congregation was shocked by Tiller’s slaying.

“Our congregation is certainly pro-life,” he said. “So for something like that to happen is abhorrent. All it does is bring disgrace on the whole cause.”

Wolkenfeld said two Wichita police detectives paid him a visit after Tiller’s murder to ask about Roeder.

“What they said was they knew we had a history with him and they were looking for any possible lead,” he said.

After leaving Or HaOlam, the group began meeting on Saturday afternoons, first at Clayman’s house and most recently at an apartment in Westport that Roeder shared with another man.

The man asked not to be identified because he fears losing his job, saying he already had lost a new roommate who discovered the man’s ties to Roeder.

The man said the study group was suspended after Roeder’s arrest.

He said he last saw Roeder the day before Tiller was killed. Roeder told him that he was going to visit his family in Topeka and didn’t come home that night. The next day, he said, the FBI knocked on his door at 4:15 p.m. and started asking questions.

Agents took his home computer and laptop and also Roeder’s computer, he said, along with some Hebrew teaching tapes. He said he’s met with FBI agents five times since Tiller’s death.

Tim Parks, who was Roeder’s roommate for five years before Roeder lived with Clayman, said he attended some of the study group’s meetings. He said, however, that “I disagreed with a lot of that stuff.” Some of the beliefs, he said, were “kind of off the wall.”

“To me, it’s PFA theology,” he said. “Plucked from air.”

Parks said he isn’t convinced that Roeder killed Tiller.

“A bunch of us think he is being framed,” said Parks, who also has been interviewed by the FBI. “To me, the entire judicial system is suspect.”

Clayman said he met Roeder about two years ago while attending a different study group. He said Roeder lived with him for 11 months but moved out April 1 because he’d lost his job and wasn’t paying his rent.

Clayman said Roeder took the abortion issue to the extreme.

“Scott believed that the Bible was literal, the word of God,” he said. “Where he went astray was he had this crazy, fanatic doctrine that you could somehow justify killing somebody just because they were an abortion doctor.”

Clayman said Roeder talked often about his belief that killing an abortion doctor was an act of justifiable homicide.

“When he brought up that in theory — but he never did threaten anybody when I was around — I said, ‘How can you repay evil with evil?’ ” he said.

Clayman said investigators won’t find any conspiracy behind Tiller’s killing, especially among the members of the study group.

“A Bible study is studying the Bible,” he said. “We’d read from the Bible and say, ‘What do you think about that?’ Then we’d discuss it. We didn’t sit around and have sacrifices in the backyard.”

As for Roeder, Clayman said, “He’s going to be tried, and he’s going to try and do a dog-and-pony show in front of the media. He wants to tell the whole world. He’s a martyr, see? That’s what he wanted to be.”

To reach Judy L. Thomas, call 816-234-4334 or send e-mail to jthomas@kcstar.com.

© 2009 Kansas City Star and wire service sources. All Rights Reserved. http://www.kansascity.com

Justifiable homicide defense eyed in Roeder's case

By ROXANA HEGEMAN, Associated Press Writer Roxana Hegeman, Associated Press Writer Sat Aug 29, 3:15 pm ET

WICHITA, Kan. – The suspect in the killing of abortion provider George Tiller is in talks with a prominent attorney who represents anti-abortion protesters and has long advocated justifiable homicide as a legal defense in such cases.

Scott Roeder, 51, has pleaded not guilty to first-degree murder and aggravated assault charges in the May 31 shooting death of Tiller in the foyer of his Wichita church. The Kansas City, Mo., man has refused to discuss his case, but he has told The Associated Press that Tiller's killing was justified to save "the lives of unborn children."

Roeder has court-appointed defense attorneys, but he apparently has now turned to Michael Hirsh, the lawyer who represented Paul Hill on appeal for killing a Florida abortion provider and his bodyguard in 1994. Hill was executed in 2003 after the Florida Supreme Court rejected Hirsh's argument that the judge should have allowed Hill to present to jurors his claim that the killings were justified to prevent abortions.

Hirsh confirmed he has spoken once to Roeder in recent weeks about representing him, but he has not yet been retained. Hirsh said he had not researched the facts of the case or Kansas law enough to know whether the justifiable homicide defense could be used but said a jury should be allowed to decide if it is applicable.

Roeder's trial is scheduled for Sept. 21, though public defender Mark Rudy said he anticipates filing for a continuance.

Rudy declined to comment on Hirsh's possible role in the case. Roeder did not respond to a letter from the AP seeking comment.

The Florida Supreme Court ruled in denying Hill's appeal that his motivation would not change the outcome of the case. "As a practical matter, permitting a defendant to vindicate his or her criminal activity in this manner would be an invitation for lawlessness," the justices wrote.

But Hirsh discounted the suggestion that if a jury acquitted Roeder of murder based on such a defense, it would lead to an open season on abortion doctors.

"It has been open season on unborn children for over 30 years. I think on abortionists there will be a bag limit," Hirsh said in a phone interview this week from his Kennesaw, Ga., office.

He previously represented anti-abortion activist Regina Dinwiddie of Kansas City, Mo., who was among the first protesters targeted in 1995 under the Freedom of Access to Clinic Entrances act. Dinwiddie was barred from going within 500 feet of a clinic.

The principle of self-defense and the defense of another has been recognized for centuries, Hirsh said. But he acknowledged its use in abortion-related cases has been stifled, saying that in Hill's case, the prosecutor and judge made sure jurors wouldn't hear it.

"We don't know if it would have prevailed or not and they were scared out of their mind, and you could see it, that it might have," Hirsh said. "And so it's not fair to say it never worked. Well, it hasn't been tried, either."

Richard Levy, a professor at the University of Kansas School of Law, said such defenses can work, but not necessarily in the context of abortion. The law requires that the threat be imminent, the force reasonable in response and the activity involved unlawful.

Any claim that killing an abortion provider is justifiable likely would fail, he said.

"In particular in the circumstances of the murder of Dr. Tiller there is an imminence problem, there is no imminent threat and, more fundamentally, the activities he was engaged in were legal," Levy said.

The question is whether a judge would allow jurors to consider that defense.

Wichita attorney E. Jay Greeno, who defended Rachelle "Shelley" Shannon for shooting Tiller in both arms in 1993, said the judge repeatedly shut her down when she tried to testify about abortions the doctor performed.

Procedurally, the judge in Roeder's case would likely hold a pretrial hearing on whether Roeder's attorneys could raise that defense at trial.

"There might be some hope that there would be jury nullification — the jury would vote to acquit — if there were right-to-life advocates within the jury who accepted the argument that an unborn child is a human being and that abortion is murder and therefore the murder of a physician who performs abortion is also justifiable," Levy said.

Dave Leach, an anti-abortion activist in Des Moines, Iowa, who in 1996 reprinted the Army of God manual that lists ways to damage abortion clinics, recently wrote a legal brief for Roeder's case on the "necessity defense." He argued that had the alleged shooter not acted, the killing of hundreds of babies every week would have continued. He sent it to Roeder's public defenders, but they have not responded.

Rudy acknowledged that Roeder's attorneys have received several suggested defense strategies, adding that they have given them the "appropriate due response."

Copyright © 2009 Yahoo! Inc. All rights reserved.

Suspect in Abortion Doctor Murder Eyes Justifiable Homicide Defense

Suspect in Abortion Doctor Murder Eyes Justifiable Homicide Defense

Saturday , August 29, 2009

WICHITA, Kan. —

The suspect in the killing of abortion provider George Tiller is in talks with a prominent attorney who represents anti-abortion protesters and has long advocated justifiable homicide as a legal defense in such cases.

Scott Roeder, 51, has pleaded not guilty to first-degree murder and aggravated assault charges in the May 31 shooting death of Tiller in the foyer of his Wichita church. The Kansas City, Mo., man has refused to discuss his case, but he has told The Associated Press that Tiller's killing was justified to save "the lives of unborn children."

Click here for photos.

Roeder has court-appointed defense attorneys, but he apparently has now turned to Michael Hirsh, the lawyer who represented Paul Hill on appeal for killing a Florida abortion provider and his bodyguard in 1994. Hill was executed in 2003 after the Florida Supreme Court rejected Hirsh's argument that the judge should have allowed Hill to present to jurors his claim that the killings were justified to prevent abortions.

Hirsh confirmed he has spoken once to Roeder in recent weeks about representing him, but he has not yet been retained. Hirsh said he had not researched the facts of the case or Kansas law enough to know whether the justifiable homicide defense could be used but said a jury should be allowed to decide if it is applicable.

Roeder's trial is scheduled for Sept. 21, though public defender Mark Rudy said he anticipates filing for a continuance.

Rudy declined to comment on Hirsh's possible role in the case. Roeder did not respond to a letter from the AP seeking comment.

The Florida Supreme Court ruled in denying Hill's appeal that his motivation would not change the outcome of the case. "As a practical matter, permitting a defendant to vindicate his or her criminal activity in this manner would be an invitation for lawlessness," the justices wrote.

But Hirsh discounted the suggestion that if a jury acquitted Roeder of murder based on such a defense, it would lead to an open season on abortion doctors.

"It has been open season on unborn children for over 30 years. I think on abortionists there will be a bag limit," Hirsh said in a phone interview this week from his Kennesaw, Ga., office.

He previously represented anti-abortion activist Regina Dinwiddie of Kansas City, Mo., who was among the first protesters targeted in 1995 under the Freedom of Access to Clinic Entrances act. Dinwiddie was barred from going within 500 feet of a clinic.

The principle of self-defense and the defense of another has been recognized for centuries, Hirsh said. But he acknowledged its use in abortion-related cases has been stifled, saying that in Hill's case, the prosecutor and judge made sure jurors wouldn't hear it.

"We don't know if it would have prevailed or not and they were scared out of their mind, and you could see it, that it might have," Hirsh said. "And so it's not fair to say it never worked. Well, it hasn't been tried, either."

Richard Levy, a professor at the University of Kansas School of Law, said such defenses can work, but not necessarily in the context of abortion. The law requires that the threat be imminent, the force reasonable in response and the activity involved unlawful.

Any claim that killing an abortion provider is justifiable likely would fail, he said.

"In particular in the circumstances of the murder of Dr. Tiller there is an imminence problem, there is no imminent threat and, more fundamentally, the activities he was engaged in were legal," Levy said.

The question is whether a judge would allow jurors to consider that defense.

Wichita attorney E. Jay Greeno, who defended Rachelle "Shelley" Shannon for shooting Tiller in both arms in 1993, said the judge repeatedly shut her down when she tried to testify about abortions the doctor performed.

Procedurally, the judge in Roeder's case would likely hold a pretrial hearing on whether Roeder's attorneys could raise that defense at trial.

"There might be some hope that there would be jury nullification — the jury would vote to acquit — if there were right-to-life advocates within the jury who accepted the argument that an unborn child is a human being and that abortion is murder and therefore the murder of a physician who performs abortion is also justifiable," Levy said.

Dave Leach, an anti-abortion activist in Des Moines, Iowa, who in 1996 reprinted the Army of God manual that lists ways to damage abortion clinics, recently wrote a legal brief for Roeder's case on the "necessity defense." He argued that had the alleged shooter not acted, the killing of hundreds of babies every week would have continued. He sent it to Roeder's public defenders, but they have not responded.

Rudy acknowledged that Roeder's attorneys have received several suggested defense strategies, adding that they have given them the "appropriate due response."

In Cold Blog: "Thou Shalt Not Kill"

In Cold Blog: "Thou Shalt Not Kill"

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By Stephen Singular

I’ve been spending time in prisons lately speaking with murderers in Colorado and Kansas, which raises fundamental questions for me as a journalist. What’s the job of a reporter in this situation -- to challenge the false or outlandish things a killer is saying or simply let him or her talk? “In Cold Blog” obviously gets its name from the gold standard of all true crime writing, Truman Capote’s In Cold Blood, and I’ve often thought about Capote having a full five years to sit in a cell with Dick Hickock and Perry Smith before they were executed in 1965. Capote spent most of his time with Smith, the actual killer of the four members of the Clutter family, and the impression we have decades later is that not only didn’t he judge Smith, but grew quite fond of the man over time. One criticism of In Cold Blood was that Capote was too sympathetic to someone who’d slaughtered four innocent people.

When I’m in prison with inmates who’ve done the worst possible things, I find that I’m not judgmental, either. I usually feel empathy toward them and never walk out of a jail without thinking that but for the grace of God, there go I. This does not alter my view of their guilt or that they should be incarcerated, perhaps for life. Sometimes, my feelings in this arena bother me and I’m haunted for days after I’ve left inmates behind in their cells. I’ve also had trouble breathing after exiting some prisons, as if I’ve been standing too close to evil or being too accepting of it. I’ve never known how to reconcile all this inside myself, but I do know one thing: I can’t change my visceral and emotional response to being around killers.

Over time, I’ve decided that these feelings have something to do with being a writer and the role we assign ourselves, for better or worse, as members of society. We have lawyers, judges, and courtrooms to determine the guilt or innocence of those arrested for crimes (by and large, I think our system of due process, for all its shortcomings and tediousness, is the best in the world). We have prison chaplains and other religious functionaries to offer inmates forgiveness or salvation, if that’s what they’re looking for. We have psychiatrists to decide it those behind bars are legally sane or not. But we don’t have anyone inside the criminal justice industry who’s primarily interested in why tragedies happen or what might be learned about the nature of human violence. That’s what I go into prisons looking for and that’s why I let the killers talk and talk without much interruption, even if I know some of what they’re saying isn’t true: I want to know more about now they think and feel (or can’t feel), and why they’ve done what they’ve done.

Having visited prisons for the past 25 years, I’ve been repeatedly struck by how there seems to be little or no correlation between intelligence and brutal behavior. Very bright and articulate people do horrific things and then rationalize their actions with clouds of elaborate language. I’m always most unsettled by encountering truly smart criminals who have no compunction about taking other lives. There’s an entire school of thought today that says criminal behavior is the result of bad genes and chemical imbalances in the brain. I’d like to believe this because it might make humans more predictable, but I have some doubts. I’ve come to believe that the underlying reality of much of the violence I’ve observed or written about is grounded in emotional processes we still understand very little about. Why do people stop feeling? Why can they snuff out a stranger, but feel deeply about their children or a pet? We’re going to be exploring and uncovering emotional mysteries here for decades and centuries to come, just as scientists are doing with physical matter.

I recently spoke with a man who’d gunned down another man and the unmistakable feeling the killer conveyed was that he was greatly relieved to have committed the murder. This was the only way he’d seen to lessen his anxiety, when he had a thousand other alternatives. Crime teaches me that we are still in the primitive stages of human development.

Stephen Singular is the author of nineteen books which range in topics from high-profile crimes and social criticisms, to business and sports biographies. He currently resides in Denver, Colorado. You can find out more about this author by visiting his website at stephensingular.com

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