Accused in Tiller killing may seek 'necessity defense'

WICHITA | The defense for the man accused of shooting abortion provider George Tiller is fighting prosecutors' efforts to ban the so-called necessity defense from his trial.

Defense attorneys for Scott Roeder filed a motion arguing he has a right to present his defense. Roeder has publicly said his shooting of Tiller was justified to save "unborn children."

The defense motion made public Monday seemingly contradicts public statements by public defender Steve Osburn that such a necessity defense did not exist in Kansas law. Osburn declined to clarify the discrepancy, but suggested he may have used the media to confuse prosecutors as to his defense strategy.

Court documents argue the state request to ban a necessity defense is intrusive into the defendant's trial strategy.

Posted on Mon, Nov. 23, 2009 10:23 AM