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1/31/10

ROEDER JURY FOREMAN: ABORTION NOT JURORS' CONCERN IN VERDICT BY TIM POTTER The Wichita Eagle

ROEDER JURY FOREMAN: ABORTION NOT JURORS' CONCERN IN VERDICT


BY TIM POTTER

The Wichita Eagle


In some people's minds, the abortion issue is forever entwined with Scott Roeder's killing of George Tiller.

But abortion never came up in jurors' brief deliberations Friday at the end of Roeder's trial, the jury foreman said in an interview Saturday with The Eagle.

"It was never spoken of," said the 54-year-old, whose first service as a juror came in a trial that drew reporters and activists on both sides of the abortion issue from coast to coast.

He said the jury discussed only the question of whether Roeder was guilty of first-degree murder for shooting Tiller while Tiller served as an usher in his Wichita church, and whether Roeder was guilty of aggravated assault for pointing a handgun at two people who tried to block his escape.

Because of security concerns, the juror asked that his name not be used. He said he didn't want to take any chances that someone might lash out against him.

The guilty verdict was unanimous from the beginning of the deliberations, he said.

"There wasn't much to argue about."

They found the evidence against Roeder "overwhelming."

That's why it took only 37 minutes to decide, he said.

For security during the trial, he said, jurors were picked up at an undisclosed location. Officers carefully checked vehicles used to transport them, passing mirrors underneath.

The measures reassured him.

"We never felt like we were in any danger."

He said he wanted to give "a big thank you" to Sedgwick County sheriff's officers and to District Judge Warren Wilbert, who presided over the trial.

"He was very passionate about our safety," the juror said of Wilbert. "He went to great lengths" to protect the jurors' identities.

As the trial moved forward, it became abundantly clear that Roeder was guilty, the juror said.

Roeder testified that he killed Tiller, a nationally known abortion provider, to prevent more abortions. Roeder and his attorneys hoped to build a defense based on the argument that Tiller's killing was done to prevent "imminent deaths" at Tiller's clinic. But Wilbert decided the jury would not be allowed to consider a verdict of voluntary manslaughter.

In the juror's mind, Roeder hurt himself with his testimony —"how he plotted this for a number of years." It showed premeditation, the juror said.

The evidence was solid, he said. "The trial was really based on cold, hard facts... undisputable facts."

He couldn't help watching Roeder, noting that throughout the trial Roeder never smiled, never reacted —"just kind of a blank look on his face, no matter what was said."

"I thought he was pretty cool, calm and collected... for a man who was going through what he was going through."

At times, the prosecutors' repetitious questioning got monotonous, he said. "But we hung in there pretty tough."

By the time defense lawyer Mark Rudy got to make his closing argument, the juror said, "You could see it in his face. He had nothing" with which to defend his client.

The jurors, as directed, did not discuss the case among themselves until they deliberated, he said. "It was a very professional setting back there in the jury room."

When deliberations began and it was time to pick a lead juror, he said, "There was a sense that no one really wanted to do it." So he volunteered.

The experience was sobering for the juror, who transports heavy construction equipment for a living.

"It's a hell of a thing... to send a man to prison for the rest of their life. That decision was taken very seriously."

Tiller's family released a statement Friday calling it a "just verdict." District Attorney Nola Foulston said prosecutors had fought hard to keep the jury from being allowed to consider a voluntary manslaughter verdict. Rudy said his case was hopeless after that option was disallowed.

By Friday afternoon, after the whole thing was over, the juror experienced a "weird, numb feeling."

He went home and took his mind away from the trial, brushing his horse, petting his dogs.

"That's all I pretty much wanted to do."

Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com.


1/30/10

Jury finds Scott Roeder guilty of first-degree murder in the death of George Tiller

Jury finds Scott Roeder guilty of first-degree murder in the death of George Tiller

BY HURST LAVIANA

The Wichita Eagle

The guilty verdict was read at 11:05 a.m. Friday. But prosecutors and defense lawyers agreed that the Scott Roeder murder trial ended at 4:55 p.m. Thursday.

That’s when District Judge Warren Wilbert announced that he was not going to let the jury consider a voluntary manslaughter verdict as it deliberated the case of the shooting death of abortion provider George Tiller.

Roeder’s lawyers said their defense relied on having a voluntary manslaughter instruction sent to the jury.

“The whole case, from the very beginning, was based on our efforts to get that instruction,” defense attorney Mark Rudy said after the verdict. “From Day 1, we were aiming for manslaughter.”

The jury deliberated 37 minutes before finding Roeder guilty of first-degree murder and two counts of aggravated assault for pointing a gun at two men who tried block his escape.

As he did throughout most of the trial, Roeder sat expressionless when he learned the jury had convicted him of all three counts.

He remained stone-faced as District Attorney Nola Foulston announced she would seek a Hard 50 sentence when Roeder is sentenced on March 9.

The sentence — life without parole for 50 years — is reserved for the state’s most heinous crimes when the death penalty does not apply.

Tiller’s widow, Jeanne Tiller, bowed her head and held the hands of relatives as a court bailiff read the verdict.

“In the state of Kansas versus Scott Roeder, 2009-CR-1462, we the jury find the defendant, Scott Roeder, guilty of the crime of first-degree murder.”

The family left the courtroom without talking to reporters. They later released a statement through their lawyers thanking prosecutors and law enforcement officers for their efforts.

“Once again, a Sedgwick County jury has reached a just verdict,” the statement said. “We also want to thank George’s countless friends and supporters in Wichita and around the country who have offered their comfort.”

National attention

As it was all week, the street in front of the Sedgwick County Courthouse was choked Friday with satellite television trucks. The building hasn’t drawn such national interest since August 2005, when Dennis Rader was sentenced 10 life prison terms for the BTK murders.

The Roeder trial drew newspapers from both coasts and was televised nationally on TruTV, formerly known as Court TV.

The case also drew some of the nation’s most outspoken abortion opponents and abortion rights supporters.

Manslaughter issue

An hour after the verdict was read, a dozen reporters gathered for a news conference in the ninth-floor courtroom where the trial was held.

Rudy told reporters his case became “hopeless” and “helpless” after Wilbert issued his ruling Thursday. He said it left the jury with little choice.

“It was either first-degree murder or they were going to let him go,” Rudy said. “Obviously we knew they weren’t going to let him go.”

As is the case with all murder convictions, he said, the verdict will be appealed.

District Attorney Nola Foulston told reporters her office spent countless hours filing motions designed to prevent the trial from drifting into a debate on abortion. She said prosecutors fought hard to keep the voluntary manslaughter instruction from reaching the jury.

“This was not a push-button case,” she said.

The state’s voluntary manslaughter law can apply to a defendant who has an “honest but unreasonable belief” that deadly force is necessary “to prevent imminent death or great bodily harm.”

Roeder had hoped to claim that the “imminent deaths” he was trying to prevent were going to occur in Tiller’s clinic on the day after the shooting.

Prosecutors, however, pointed to a Supreme Court ruling that said “imminent” means immediate — not something that might happen the next day.

Foulston noted that during Roeder’s three hours of testimony on Thursday, he spoke matter-of-factly as he described how he walked up to Tiller at the Reformation Lutheran Church and shot him once in the head with a .22-caliber pistol.

“He was cool; he was calculated; he had no regrets,” she said. “It was patently apparent that this is a man who, if given the opportunity, would probably do it again.”

During the trial, Roeder said he buried the gun in a pile of dirt alongside U.S. 75 near Burlington. Rudy said at the news conference that he drove to Burlington to look for the gun six or seven months ago but was unable to find it.

He said he told Wichita police about the gun on Thursday knowing that Roeder was going to talk about it from the witness stand. As far as he knows, he said, police have been unable to find the gun.

During the state’s closing argument, prosecutor Kim Parker challenged Roeder’s claim that he was justified in killing Tiller.

“These are not the acts of a justified man,” she said. “These acts are cowardly. A justified man has no need for secrets. A justified man has no need to run or flee his actions.”

Rudy, in his closing remarks, noted that his client would have fared better if he had remained silent.

“Instead he took those seven or eight steps up to the witness stand, and he told you what he did, and he told you why he did it,” Rudy said.

“He believed that every day he failed to act resulted in deaths of more unborn.”

Rudy told the jury the state indeed proved that Roeder killed Tiller, but he said, “only you can determine if he murdered Dr. Tiller.”

Reach Hurst Laviana at 316-268-6499 or hlaviana@wichitaeagle.com.

Verdict doesn’t close Roeder case By JUDY L. THOMAS The Kansas City Star Read more: Verdict doesn’t close Roeder case - KansasCity.com


Verdict doesn’t close Roeder case

Elated and relieved, yet sad and deflated

Once the reality of Scott's conviction had more fully set in, I went outside and thanked the Creator for His great deliverance for me and my family. My pleas over the past decade have not always been pleasing, because of my desperate need to have Scott out of my life and the life of my family, specifically my daughter's life. However, the Creator, in His divine wisdom, granted me His salvation from this over-cumbersome burden. Scott will now be unable to influence her with his rhetoric and violent ideas. Elation may not fully describe how I'm feeling, but maybe it does. I'm not as exuberant as I thought I would be, though I am relieved! I no longer will live in fear of Scott kidnapping my daughter and hiding her in a location where I would never see her again. And, yet, I'm sad. Sad that any of this took place, sad for Scott. I'm not so much sad that he is having to live the consequences of his choice, but sad that he doesn't seem to realize what he has done. So, where do we go from here.

How does one go from speeding as fast as one can go to zero, in a matter of what seems like mere seconds. What is life going to be like, now that the biggest obstacle in my path is now removed. I feel deflated, exhausted, spent. For sure the element of fear is removed, for the first time since July of '01 when Scott first came to live with me. I knew in my heart of hearts, then, that something wasn't right, but dismissed it as being "new relationship jitters". I couldn't have been more wrong in my rationalization! I have since learned to pay heed to that spiked ping pong ball feeling inside of me.

Today is a new day, one that I hope will bring about a new sense of direction. It won't be easy to find a new center of balance, but it will definitely be easier than what I've been going through. A termination of Scott's paternal rights will be filed this week, which will, hopefully, bring about a great sense of closure.


Susan Archer
Copyright © 2009 - 2010

MSNBC: Roeder Convicted of Murder

Visit msnbc.com for breaking news, world news, and news about the economy

1/29/10

Roeder trial updates: Jury finds Scott Roeder guilty of first-degree murder in death of George Tiller BY RON SYLVESTER The Wichita Eagle

Roeder trial updates: Jury finds Scott


Roeder guilty of first-degree murder in death of George Tiller


BY RON SYLVESTER

The Wichita Eagle


- The jury has found Scott Roeder guilty of first-degree murder in the death of Wichita abortion provider George Tiller.

The jury also found Roeder guilty of two counts of aggravated assault.

Sentencing is set for 8:45 a.m. March 9.

Roeder faces life in prison. District Attorney Nola Foulston said she would be requesting the Hard 50 for Roeder, meaning he would not be eligible for parole for 50 years.

This morning, Lee Thompson and Dan Monnat, Tiller's attorneys, released a statement at the request of Jeanne Tiller, George Tiller's widow, and the Tiller family:

"The family of Dr. George Tiller would like to thank the jury, District Attorney Nola Foulston and her office and law enforcement for their service in this difficult matter. Once again, a Sedgwick County jury has reached a just verdict. We also want to thank George's countless friends and supporters in Wichita and around the country who have offered their comfort.

"At this time we hope that George can be remembered for his legacy of service to women, the help he provided for those who needed it and the love and happiness he provided us as a husband, father and grandfather."

10:30 a.m.

The jury is now considering the case in the Scott Roeder trial.

In closing arguments, Prosecutor Kim Parker said, "That day when Scott Roeder took the law into his own hands, he took it away from the rest of us."

She said that Roeder calmly prepared his testimony, "so he could take credit for his murder."

Parker also said that a justified man has no reason to run and no need to seek the safety of a church, to feign piety while having murder in his heart.

"Scott Roeder is not a justified man," she said. "He is simply guilty."

Public defender Mark Rudy thanked the jury for their service as he began his closing.

"The reality of this trial is, as Ms. (Ann) Swegle said, many of the facts of this case are uncontested," he said, adding that Roeder killed Tiller.

But, Rudy said, Roeder didn't have the intention to harm anyone else, such as Gary Hoepner and Keith Martin.

"These men were not put in 'reasonable apprehension' of harm," Rudy said.

He then summarized Roeder's beliefs against abortion and how they drove him to shoot Tiller.

"Scott told you how he watched in horror as politicians made promises but no one stopped abortions," Rudy said.

"We ask you not to convict him on his convictions," he said. "We ask you to acquit Scott Roeder."

Ann Swegle, who continued the prosecution's closing arguments, told the jury that there can be no other decision with the law that jurors have been given but guilty.

"He plotted it, he planned it, he carried out, a planned assassination," she said of Scott Roeder, on trial for the first-degree murder of Wichita abortion provider George Tiller.

"He told you, I've been planning to kill George Tiller since 1999 -- 10 years worth of premeditation," Swegle said, adding that Tiller would have been easy prey in the church.

"He was convinced Dr. Tiller had to die, and he was going to be the one to kill him," she said.

9:30 a.m.

Judge Warren Wilbert called the trial to order this morning and warned people in the courtroom gallery against emotional outbursts, which he said would result in immediate removal.

"I recognize I made some rulings yesterday which, depending on what side you're on, people may take issue with," he said.

The jury then entered the courtroom, and Wilbert began reading the instruction.

The big question for observers today is what the defense will say in closings without any lesser charges possible.

Wilbert told the jury they are just to determine whether Roeder is guilty or not - and not what the sentence might be.

"If you have no reasonable doubt about the claims ... You must find Scott Roeder guilty," he said.

Jeanne Tiller, George Tiller's widow, nodded along as Wilbert explained the charge: first-degree premeditated murder.

The jury also will consider two counts of aggravated assault for pointing a gun at Gary Hoepner and Keith Martin outside the church.

Ann Swegle begun the first part of the prosecution's closing arguments.

"I don't think I've ever seen a case where the state's case and the defendant's case so neatly dovetail together," she said, adding that the main facts of the case are not in dispute.

Swegle then begun to walk the jury through the previous five days of testimony.

Roeder's testimony "was chillingly horrific ... And remorseless," she said.

8 a.m.

The jury will get the case this morning in the first-degree murder trial of Scott Roeder.

Sedgwick County District Judge Warren Wilbert will instruct jurors this morning that they will be able to consider whether or not Roeder is guilty of first-degree premeditated murder.

Thursday, Wilbert ruled they he would not allow the jury to consider lesser charges of voluntary manslaughter or second-degree murder.

Roeder, 51, had appeared to base his defense on getting that voluntary manslaughter instruction.

Taking the stand Thursday, Roeder admitted that he killed Tiller and had been planning the shooting for at least several weeks.

Roeder also admitted pointing his gun at Gary Hoepner and Keith Martin, two men who chased him from their church after he shot the Wichita abortion provider.

The jury also will consider two counts of aggravated assault in the case.

Each side is expected to get about 45 minutes for closing arguments after court resumes at 9 a.m.

Raw Video: Verdict in on Kansas Abortion Shooter


Raw Video: Verdict in on Kansas Abortion Shooter




Doctor’s Killer Puts Abortion on the Stand By MONICA DAVEY Published: January 28, 2010

Doctor’s Killer Puts Abortion on the Stand


Published: January 28, 2010

WICHITA, Kan. — Scott Roeder, the man charged with murder in the shooting of George R. Tiller, one of the few doctors in the country to perform late-term abortions, took the witness stand in his own defense on Thursday, and said that, yes, he did it.

Yes, he bought a gun. Yes, he took target practice. Yes, he had learned about Dr. Tiller’s habits, his home address, his security precautions. And, yes, he shot Dr. Tiller last May 31 as Dr. Tiller stood inside his church.

“That is correct, yes,” Mr. Roeder told the jurors, in a calm, matter-of-fact voice.

But there was a twist.

Lawyers for Mr. Roeder, who provided the only testimony for the defense in a trial that has spanned several weeks, are hoping that jurors will consider Mr. Roeder’s motive: his growing opposition to abortion, which he deemed criminal and immoral, and his mounting sense that laws and prosecutors and other abortion opponents were never going to stop Dr. Tiller from performing them.

“I did what I thought was needed to be done to protect the children. I shot him,” he testified, adding at another point, “If I didn’t do it, the babies were going to die the next day.”

Was he remorseful? No, Mr. Roeder said without emotion. After the killing, he said, he felt “a sense of relief.”

And so, in a way, the hearing here, watched intensely by all sides of the abortion debate, turned into precisely what the presiding judge had said all along that it ought not to be — a trial over abortion. Judge Warren Wilbert has wrestled with requests from the prosecution and the defense over how to permit Mr. Roeder to mount a murder defense without allowing him to turn the case into a public forum on abortion.

But even with his pointed testimony, based on a ruling late Thursday by Judge Wilbert, Mr. Roeder continues to face a difficult legal hurdle in beating back a charge of first-degree murder.

Judge Wilbert ruled that he would not instruct the jury to consider a lesser charge when they begin deliberations on Friday. Mr. Roeder has pleaded not guilty to murder, but defense lawyers had argued that his beliefs about abortion might warrant a voluntary manslaughter conviction if jurors concluded that Mr. Roeder possessed, as Kansas law defines it, “an unreasonable but honest belief that circumstances existed that justified deadly force.”

Seated on the witness stand, facing a tiny courtroom gallery that included Dr. Tiller’s widow, Jeanne, abortion opponents from other parts of the country, and national abortion rights supporters, Mr. Roeder seemed quiet, almost lawyerly, in his responses to inquiries about the killing, in which Dr. Tiller was shot in the forehead, the gun pressed to his skin.

Mr. Roeder, 51, of Kansas City, Mo., told jurors that he had a growing sense of his own faith and opposition to abortion in the 1990s after watching “The 700 Club,” the evangelist Pat Robertson’s television talk show. Mr. Roeder’s views on religion and abortion, he said, went “hand in hand.”

Mr. Roeder acknowledged under cross-examination that he had, as early as 1993, thought about killing Dr. Tiller. A year before the shooting, he said, he had gone to Dr. Tiller’s church with a gun intending to shoot him. (Dr. Tiller was not there that day, he said.) And he said he considered other alternatives: cutting off Dr. Tiller’s hands with a sword, shooting him from a distance with a rifle, or finding him at his house.

Of his decision to go to the church, he said, “It was the only window of opportunity I saw that he could be stopped.”

Abortion opponents here, including some who have served time in jail for abortion clinic violence, praised Mr. Roeder for his testimony. But some complained bitterly that Judge Wilbert had severely limited the defense by barring the testimony of Phill Kline, a former Kansas attorney general who had unsuccessfully pursued criminal investigations against Dr. Tiller and by preventing jurors from considering some conviction short of murder.

Abortion rights supporters, meanwhile, called Mr. Roeder’s statements deeply chilling, and said they mandated nothing short than a first-degree murder conviction, which could carry a life sentence. “It should send a message that there is no justification for this,” said Vicki Saporta, the president of the National Abortion Federation, who sat in the court.

Over four days, prosecutors laid out a case that rarely dealt with abortion, but stuck instead to dates and times and forensic and witness evidence implicating Mr. Roeder in the Tiller shooting. Abortion rights supporters said that was as it should be: this was murder, plain and simple.

By the middle of the week, the courthouse had drawn some of the most outspoken members of the abortion debate from around the country.

“George Tiller shed the blood of 60,000 innocent children,” Randall Terry, the founder of Operation Rescue, told reporters. Mr. Terry (who is in a legal dispute over the use of the group’s name with Operation Rescue’s current president, Troy Newman) said that he was neither condoning nor condemning Mr. Roeder’s actions, but that people should remember the children.

Days after Mr. Roeder’s arrest, the United States Department of Justice announced it was investigating Dr. Tiller’s death to determine whether there was anyone else involved in the plot. On Thursday, Mr. Roeder acknowledged that he has friends who, like him, believe that the killing of abortion doctors is justifiable. One such friend, Shelley Shannon, was imprisoned for shooting Dr. Tiller in both arms in 1993. Still, Mr. Roeder said on Thursday, he acted alone.

Justice Department representatives are “actively monitoring” Mr. Roeder’s case, a department spokesman said, adding, “Our investigation into the murder of Dr. Tiller is open and ongoing.”

Guided by lawyers, Mr. Roeder methodically described the morning of the shooting — how he had fired the gun inside the church, driven away from Wichita, hidden the gun in a small town, and picked up a snack, a pizza. In the days after the killing, Dr. Tiller’s family announced that it would close the abortion clinic, the only one in Wichita.

So, Nola Foulston, the prosecutor asked him, do you feel you have successfully completed your mission?

“He’s been stopped,” Mr. Roeder said.

But do you feel you have successfully completed your mission, she asked again.

“Yes,” he said.

Emma Graves Fitzsimmons contributed reporting from Chicago.




Judge bars Roeder jury from considering manslaughter conviction By JUDY L. THOMAS The Kansas City Star


Judge bars Roeder jury from considering manslaughter conviction


WICHITA | In a blow to the defense, the judge in Scott Roeder’s murder trial ruled Thursday that jurors would not be allowed to consider a less serious charge of voluntary manslaughter.

The ruling by Sedgwick County District Judge Warren Wilbert came after Roeder took the stand Thursday, admitting that he killed abortion doctor George Tiller in Tiller’s church last May — and that he had been thinking about doing so since 1993.

“There was nothing being done, and the legal process had been exhausted, and these babies were dying every day,” Roeder said. “The lives of those children were in imminent danger. If someone did not stop him, the babies were going to continue to die.”

Closing arguments will begin this morning. Then jurors will begin deliberations on whether to convict Roeder of premeditated, first-degree murder.

The defense presented its case Thursday, with Roeder as its only witness.

Roeder had hoped that if he had the chance to explain in detail to jurors why he killed Tiller, they might see the necessity of his actions and convict him of voluntary manslaughter.

In fact, that became a linchpin issue in the past month after the judge said he would allow such testimony. His decision galvanized people on both sides of the abortion issue.

Roeder supporters were delighted that he would have the chance to expose what they described as a “baby-killing industry.” But abortion-rights advocates were outraged, saying that turning the trial into a referendum on abortion could lead to further violence against doctors.

In the end, Wilbert allowed the testimony but restricted how much Roeder could say about abortion. And at the end of the day he ruled that he would not give jurors the option of considering a voluntary manslaughter conviction.

Such a defense requires that a person must be stopping the imminent use of unlawful force, he said.

“There’s no imminence of danger on a Sunday morning in the back of a church,” Wilbert said, “let alone unlawful conduct.

“In the state of Kansas, abortions are legal.”

Dressed in a black suit, white shirt and red tie, Roeder began testifying before noon after Wilbert denied the defense’s attempt to call former Kansas attorney general Phill Kline as a witness to testify about charges he filed against Tiller in 2006.

Roeder testified that the evidence presented by the prosecution was accurate, and in fact he added some details.

Roeder said he bought a .22-caliber handgun on May 18, went target shooting with it on May 30 and used it to shoot Tiller in the forehead on May 31 while Tiller was serving as an usher in his church.

In his testimony, Roeder also revealed that he had taken a loaded gun to Tiller’s church on three prior occasions — in August 2008, on May 24 and to an evening service the night before Tiller died. He said he intended to kill Tiller each time, but Tiller was not at those services.

And Roeder disclosed what he did with the .22-caliber Taurus handgun that he used to shoot Tiller. He said he stopped in Burlington, Kan., while heading home to Kansas City on U.S. 75 after the shooting.

“There was a parking lot with gravel and a big dirt pile,” he said. “I wrapped the gun in cloth and then buried it in the dirt.”

He said he intended to eventually retrieve the still-loaded gun if he hadn’t been caught. Roeder testified that he later told his attorneys where to find the gun but that efforts to locate it were unsuccessful.


Roeder also said that he’d considered other ways to stop Tiller from performing abortions, including cutting Tiller’s hands off with a sword and taking a sniper shot at him outside his clinic.

Roeder said he ultimately chose to kill Tiller in church because it was the only place the doctor was accessible.

“He had an armored vehicle, a bulletproof vest, a security guard escort. … He lived in a gated community,” he said. “It (Tiller’s church) was the only window of opportunity that I saw where he could be stopped.”

Roeder testified that he admired Shelley Shannon, who shot and wounded Tiller in 1993, and said he had visited her in prison in Topeka. He said he also sought out other abortion foes who were open to using force against abortion doctors and considered them his friends.

Roeder said he’d been to Tiller’s church as far back as 2002 and protested there a couple of times after that. He said that in August 2008 he took a loaded 9 mm revolver to Tiller’s church, wearing it on a shoulder harness and hiding it under his suit coat. But Tiller wasn’t there, he said. On May 24 he returned to the church with a gun in his pocket, but left when he found that Tiller again wasn’t there.

Roeder said he decided to keep going back until he succeeded at killing Tiller. On Saturday, May 30, Roeder said, he practiced shooting his gun at his brother’s residence outside Topeka, then drove to Wichita, stopping in rural areas along the way to practice some more.

He said he took the loaded gun to the church’s 5 p.m. service that day but didn’t see Tiller. He returned to the church shortly before 10 a.m. on Sunday and sat in a back pew. He said he saw Tiller enter the sanctuary, look around and leave.

“I got up at that moment and followed him out in the foyer area,” Roeder said. “I did what I thought was needed to be done to protect the children: I shot him.”

He said he lingered for two or three seconds and saw Tiller fall to the floor, then ran out. Roeder admitted that he pointed the gun at two ushers who chased him as he fled, but said he never intended to harm them. Roeder faces two charges of aggravated assault for those actions.

He said he stopped on his way home to get gasoline and some pizza. He planned to go to work the next day but added, “I felt that eventually I would be apprehended.”

Roeder began his testimony by telling jurors how he became involved in the abortion issue. He said he attended church with his family as a boy but didn’t develop a firm belief in Christ until 1992, when he said he was “born again.”

“I had been watching the ‘700 Club’ regularly. … I was alone in my living room, and that day I kneeled down, and I did accept Christ as my savior at that time,” he said.

After that, he said, he began to develop strong beliefs about abortion.

Prosecutors objected numerous times as Roeder attempted to describe various abortion procedures — particularly when he mentioned one “where they go in and tear the baby limb from limb.” The judge told Roeder he could not talk about specific procedures or issues on which he had no expertise.

Roeder said he became involved in sidewalk counseling outside abortion clinics in Kansas City and at Tiller’s clinic, trying to talk women out of getting an abortion.

“We did have a few successes,” he said.

But he said he became increasingly frustrated because Tiller remained in business: “He was one of the three late-term abortionists in the country.”


Roeder said that continual protests, sidewalk counseling and other attempts to stop Tiller were unsuccessful. Even when the clinic was bombed in 1986 and Shannon shot Tiller in 1993, Tiller didn’t stop, Roeder said.

He said he was hopeful that the law would step in and do something, and he was excited when Kline filed charges against Tiller in 2006. But those charges were dismissed the next day on jurisdictional grounds, and misdemeanor charges filed later by Kline’s successor resulted in Tiller being found not guilty by a jury in March 2009.

Prior to the defense’s opening statement, Roeder’s attorneys brought Kline before the judge to describe what his testimony would be. The defense wanted Kline to testify about his investigation of Tiller.

Kline spent 35 minutes answering questions about the case.

Afterward, an irritated Wilbert said Kline couldn’t testify, saying that doing so would result in a debate on abortion.

“To bring in Phill Kline to somehow collaterally bolster up his (Roeder’s) beliefs or give them credence or validity is not appropriate,” he said. “As I sit here and listen to Phill Kline testify, it’s exactly what this court seeks to avoid.”

He said he “would not allow this courtroom to turn into a referendum on abortion.”

Wilbert had barred Roeder from using a so-called necessity defense — an argument that the killing was necessary to prevent a greater harm — saying such a defense wasn’t recognized by Kansas law.

But the judge allowed Roeder to present evidence that he sincerely believed his actions were justified to save unborn children, a defense that could lead to a conviction on the lesser offense of voluntary manslaughter.

Reluctantly, Wichita returns to front lines of abortion battle By Emanuella Grinberg, CNN January 28, 2010 12:23 p.m. EST

Reluctantly, Wichita returns to front lines of abortion battle

By Emanuella Grinberg, CNN
January 28, 2010 12:23 p.m. EST

Wichita, Kansas (CNN) -- Major King remembers a time before the abortion debate came to his hometown, a time when Wichita, Kansas, was known as the air capital of the world.

Manufacturers such as Learjet, Cessna and Beechcraft were the backbone of a tight-knit community where God-fearing folks like King would canoe after school in the Arkansas River and drag the streets "in slick cars with a nice-looking honey" on weekends.

Times have changed, says King, 70, a retired oil refinery worker who also spent time at Cessna.

"Now, Wichita's known as the abortion capital of the world."

It's a label shunned by many Wichitans, regardless of their views on abortion. They'd rather be known for the restaurants and entertainment venues, quality schools and affordable housing that make Wichita one of the nation's "best-kept secrets," King says.

But the May 31, 2009, slaying of Dr. George Tiller, a prominent abortion provider gunned down in church during Sunday services, focused national attention back on Wichita and its role in one of the most divisive legal and social controversies of our times.

It faded for a time, as Tiller's death led to the closure of Wichita's last abortion clinic, and activists on both sides shifted their focus elsewhere. But with the trial of Tiller's admitted shooter, Scott Roeder, is again stirring talk of abortion in the bars and coffee shops in a city where most have steeled themselves for years against noisy protests and graphic images of fetuses.

Middle school science teacher Lorrie Donham says Wichitans grew immune to symbols of the abortion debate.

Middle school science teacher Lorrie Donham says Wichitans grew immune to symbols of the abortion debate.

For years, demonstrators maintained a constant presence outside Tiller's Women's Health Services clinic, a nondescript, cream-colored building of cement and brick facing Kellogg Avenue -- the city's major east-west corridor.

"People got tired," says Lorrie Donham, a middle school science teacher. "The only way it really affected me was when I'd have to drive down Kellogg with my young daughters and have them be exposed to these grotesque, brutal images."

The turmoil also spread to Tiller's congregation at Reformation Lutheran Church, where he was ultimately shot to death.

"They knew what service Dr. Tiller generally attended and they would come out there full-blown with their babies in arms and huge imagery of damaged fetuses," said Teresa Mora, a member of the congregation who identifies herself as pro-choice.

"It got to the point we had to set up partitions so children could exit family vehicles and go into church without having to be exposed to so much of that imagery."

Frosted glass was installed on the church's windows, added Mora.

Video: Roeder: 'The only exception...'
Video: 'Summer of Mercy'


Video: Friend of Tiller speaks out

The controversy made Tiller a symbol of hope for the abortion rights movement and a formidable foe of abortion opponents. He received repeated death threats and survived a shooting, a clinic bombing, criminal trials and two grand juries intended to put him out of business.

To Troy Macormac, Tiller's death signifies the end of Wichita's reputation as the world's abortion capital, albeit through deplorable means.

"I'm really not for abortion ... so it's kind of a fence-riding deal," says Macormac, a brick mason who grew up in Wichita. "But I feel he has a right to have a business and provide for his family and take care of his business the way he wants to take care of it. That's his right as being an American."

Wichita's abortion activism peaked during 1991's "Summer of Mercy," when tens of thousands on both sides of the debate gathered in Kansas to stage protests.

"What bothered me is that it wasn't Wichita people stirring the pot, so to speak. It wasn't Wichitans having conflicts with Wichitans. It was somebody from outside Wichita coming in and stirring the pot," said Donham, the middle school science teacher.

"I think everyone felt the same way at that time," she added. "There are other things going on, but our resources, the city was having to extend coverage by local law enforcement, just to have a presence and keep the peace. It was an expensive, aggravating time."

It was not the first time a conservative social movement claimed the south central Kansas town as its staging ground. Early in the 20th century, Carrie Nation, a voluble evangelist who helped establish the Medicine Lodge, Kansas, chapter of the Woman's Christian Temperance Union, brought her fight to Wichita. She became a local legend after using a rock and a pool ball to smash up the Carey House, a downtown bar.

Since then, the former trading post and cattle-drive destination has grown into a sprawling metropolitan area of more than 600,000. It covers four counties of flat suburban landscape criss-crossed by railroad tracks about 200 miles southeast of Kansas City

An assortment of newer, upscale subdivisions and stately homes a few blocks from older craftsmen and ranch-style homes underscore the city's evolving landscape.

Major King and his brother, Thomas, say Wichita has changed since the time it was known as the world's aviation capital.

Major King and his brother, Thomas, say Wichita has changed since the time it was known as the world's aviation capital.

Much of modern Wichita's growth has been spurred by the airline industry, along with successful entrepreneurial ventures such as Coleman, Koch Industries and Pizza Hut, and three universities. A new arena recently opened, and a revitalization of Wichita's "Old Town" has produced many new bars, high-end restaurants and entertainment venues in the city center.

But lifelong residents like Major King still gather in the same coffee shops they patronized when they were younger, like the Riverside Cafe, a cozy diner that has changed hands several times but where you can still find breakfast specials for $4.99.

"Wichita's still a good place to raise a family, but it's not the same," he said on a recent morning as his brother, Thomas, sat across the table, nodding his head. "You could say it's grown too big for its britches."

After the Summer of Mercy, things mostly quieted down, resurfacing with an occasional protest that drew national media coverage, or a periodic extreme act directed at Tiller. He was shot outside his clinic in 1993 by Shelley Shannon, who has voiced support for Roeder from prison.

Tiller's slaying last year led to the closure of his clinic, which was Wichita's last abortion clinic.

Mark Gietzen, an anti-abortion activist and long-time Wichitan, started Kansas Coalition for Life in 1993, making the closure of "Tiller's the Killer's" clinic one of his main goals.

"He has pretty much always been the focus of our efforts because he's always been the late-term abortionist. He was known not only nationwide but worldwide. People came from all over the world to see him," said Gietzen.

An upbeat man who runs Kansas Coalition for Life and a Christian dating service from the basement of his suburban Wichita home, Geitzen has posted a sign on his driveway that greets visitors with the message, "Thou shalt not kill" on one side. The other side reads, "If you no longer feel close to God, ask yourself, 'Who moved?'"

"We had 650 volunteers that were involved in the continuous presence at Tiller's gate, offering help to the women that were going in," Gietzen said, adding that his group had a "save" rate of about 3.5 unborn babies per month.

Mark Gietzen runs Kansas Coalition for Life and a Christian dating service from his suburban Wichita home.

Mark Gietzen runs Kansas Coalition for Life and a Christian dating service from his suburban Wichita home.

Like many anti-abortion organizations across the country, Gietzen has denounced Roeder's use of violence, calling it a blow to the movement and its credibility. He says anti-abortion groups in Wichita were only months away from shutting Tiller down through official channels.

The debate over health care policy has mobilized his group's efforts to lobby politicians and gather signatures on the Web site, abortionisnothealthcare.com.

"I don't have time to think about Scott Roeder because we're too busy trying to keep abortion out of health care," he said.

Next to the building that once housed Tiller's clinic, a pregnancy counseling clinic called Choices has no plans to close. In fact, since Tiller's death, Choices has seen an increase in clients, spokeswoman Marilyn Manweiller said.

RELATED TOPICS

"We will continue to provide services to women as long as they keep coming through our doors," she said.

Abortion rights activists such as Mora are determined to see a new abortion clinic open in Wichita eventually.

"Dr. Tiller's death kind of forces us to keep going, to make noise and fight so there is a safe and legal option," she says. "He was a hero for all women. He fought for us."

But to Donham, Tiller's death may further strain the bonds of a once tight-knit community.

Wichita has endured other violent crimes, including the BTK serial killer Dennis Rader, who evaded authorities for 30 years. Still, Tiller's death within the sacred confines of a church struck a deep chord.

"What does this say for your openness to others? Do we have to lock the church narthex after service begins or check your ID at the door?" she says. "[Roeder's] biggest impact is going to be he caused us to be suspicious of each other. Unfortunately, I think it makes you even more hesitant to embrace a stranger."


Roeder takes stand, admits killing Tiller BY HURST LAVIANA The Wichita Eagle


Roeder takes stand, admits killing Tiller


BY HURST LAVIANA

The Wichita Eagle


For three hours Thursday Scott Roeder explained from the witness stand how and why he shot and killed Wichita abortion provider George Tiller.

"I did what I thought needed to be done to protect the children. I shot him," Roeder said. "These babies were dying every day. I felt if something was not done, he was going to continue.

"The lives of those children were in imminent danger.... If someone didn't stop him, they were going to continue to die."

"Scott, do you regret what you did?" his lawyer asked.

"No I don't," Roeder replied.

The defense rested its case Thursday after calling Roeder as its only witness.

Roeder's testimony dominated the fifth day of his first-degree murder trial, but there were other significant developments — none of which were favorable to Roeder.

The defense suffered a major setback when District Judge Warren Wilbert announced he would not include voluntary manslaughter in the list of options the jury can consider when it begins deliberations today.

The Kansas voluntary manslaughter law can apply to a defendant who has an "honest but unreasonable belief" that deadly force is necessary "to prevent imminent death or great bodily harm." Defense lawyers argued that Roeder had such a belief.

Another setback for the defense came when Wilbert ruled that former Attorney General Phill Kline would not be able to testify about his efforts to prosecute Tiller for what Kline alleged were violations of Kansas abortion laws.

Wilbert said the testimony was not relevant to the Roeder case.

Also during the trial, the public learned for the first time that the gun used to shoot Tiller was buried by Roeder in a pile of dirt he saw while driving near Burlington along U.S. 75 on his way to his home in Kansas City, Mo.

Roeder said he told his lawyers about the location of the gun, but that the dirt pile was gone when they tried to retrieve it.

Some of Roeder's testimony was focused on his early life in Topeka, where he said he attended church with his family but wasn't overly religious.

Roeder said he became a Christian in 1992 after watching a Christian television show. He said his views on abortion began to change.

"From conception forward, it is not man's job to take a life," he said of his current belief.

"The only exception I even struggle with" he said, is when the life of the mother is at stake.

Roeder said he eventually began to take part in sidewalk counseling and protests at abortion clinics in the Kansas City area. He later started coming to Tiller's clinic in Wichita.

Roeder told the jury that Tiller's clinic was bombed in the 1980s, and that Tiller was shot in both arms in 1993. But he said the clinic remained open.

During the past decade, Roeder said, the state twice tried unsuccessfully to prosecute Tiller for alleged violations of state abortion laws.

And because the clinic remained open, Roeder said, he decided to close it himself by killing Tiller. He told the jury he first had to figure out a way to get to Tiller.

"He had an armed vehicle, a bulletproof vest, a security guard escort to and from the clinic. He lived in a gated community," Roeder said.

"I thought about driving my car into his. Possibly shooting him with a rifle."

Roeder said he eventually decided Tiller was vulnerable in only one place — his church.

"That probably was the only place he could be stopped," he said. "It was the only opportunity I saw."

On the morning of the shooting, Roeder said, he entered the Reformation Lutheran Church at 7601 E. 13th St. at 9:55 and sat in the sanctuary. He said Tiller, a church usher that day, briefly entered the sanctuary a few minutes later. He said he followed Tiller in to the foyer and shot him.

"Did Dr. Tiller drop to the floor instantly?" defense lawyer Mark Rudy asked.

"Two or three seconds later he did, yes," Roeder replied.

"Did you think about putting the gun down on the ground and surrendering?" Rudy asked.

"In hindsight, I probably should have," Roeder said.

District attorney Nola Foulston pressed Roeder during cross-examination.

"Did it appear he was aware you were there?" Foulston asked.

"I don't think he was aware," Roeder said.

"You pulled the trigger...."

"Yes," Roeder replied.

"And for two or three seconds, Dr. Tiller continued to stand?"

"It seemed like he did."

Foulston asked if Roeder was aware, as he drove away, that it was Tiller who had been shot.

"I was 99 percent sure," he said.

In his car, Roeder said he listened to radio news reports but heard nothing about Tiller.

"Did you believe your arrest was imminent?" Foulston asked.

"I felt that yes, I eventually would be apprehended," Roeder said.

Roeder said he stopped along the way for gas and a pizza.

"You had lunch for yourself after killing Dr. Tiller?" Foulston asked.

"I was hungry," Roeder said.

"This was just another thing that happened that day — yes or no?" Foulston asked.

"Yes," Roeder replied.

Jurors are expected to begin deliberations this morning after lawyers present their closing arguments.

Reach Hurst Laviana at 316-268-6499 or hlaviana@wichitaeagle.com.

1/28/10

KWCH - Scott Roeder Trial Coverage



Scott Roeder Trial: Day One Coverage


From Cliff Judy at the courthouse - 6:45pm:

Prosecutors wasted no time getting to the point in Scott Roeder's murder trial Friday morning, and the first courtroom argument over the abortion issue has already occurred. Jurors also saw pictures of Dr. George Tiller's body.

Roeder has already admitted to killing Wichita abortion provider Dr. George Tiller while Tiller served as an usher at his east Wichita church last May. He's charged with first degree murder and two counts of aggravated assault for allegedly threatening two men who tried to chase him from the church.

Sedgwick County District Attorney Nola Foulston gave the prosecution's opening statement. Prosecutors say Roeder went to Reformation Lutheran Church both the Sunday he shot Dr. Tiller and the Sunday before. Foulston also told jurors they'd hear evidence Roeder bought the gun he used just a week before the shooting.

As Foulston tried to build a case for premeditation, she said law enforcement found evidence of planning the murder in Roeder's home. While serving a search warrant, officers found a May calendar with the Sunday Tiller was killed highlighted and a brochure from Reformation Lutheran Church.

"This defendant, Scott Roeder, should be convicted of all charges," said Foulston.

Before the lunch break, jurors had already heard the 911 call saying Tiller'd been shot. Kathy Wegner, who made the call, also took the stand during the morning session.

"I heard a popping that to me sounded like a balloon popping," Wegner testified with voice quivering, "and then I saw Dr. Tiller just...just fall flat on his back."

Dr. Paul Ryding, another fellow church member, took the stand Friday afternoon. Neither Ryding nor Wegner wanted their pictures taken, a theme that's likely to continue for Tiller's fellow church members the rest of the trial.

Ryding, the man who'd tried to resuscitate Tiller after the shooting, told prosecutors he'd seen Roeder at the church before. Ryding felt like Roeder had an agenda after talking with him.

"He was not there to worship," said Ryding. "There was another agenda."

Defense attorneys tried to push that issue. If the defense can bring the abortion issue into the trial, they could attempt a trial strategy to get lesser charges against Roeder like voluntary manslaughter. Prosecutors will fight that strategy and have already told Eyewitness News Reporter Cliff Judy they don't even want the word abortion mentioned at trial.

Tiller's family was in the courtroom and were visibly disturbed when seeing pictures of his body taken by officers and forensics investigators at the crime scene.

Lindsey Roeder, Scott Roeder's ex-wife, says she doesn't believe any of his relatives will attend trial. Several family members have condemned his alleged actions and say they believe he should be punished.

Testimony in Roeder's murder trial will resume on Monday morning. The two star witnesses in the case for the prosecution are expected to take the stand. They're the men who saw the shot that killed Dr. Tiller and say they chased Roeder from the church. A family member of one witness tells Eyewitness News he was at the courthouse during the afternoon expecting to testify, but prosecutors didn't feel comfortable putting him on the stand so late on a Friday.

---------------------------------------------------------------

From Cliff Judy in the courthouse - 11:15am:

We've only heard from prosecutors so far. Usually, you hear opening statements from prosecutors then the defense. Scott Roeder's defense attorneys deferred their chance for an opening statement, which means we may hear them later.

Roeder has publicly admitted to killing Wichita abortion provider Doctor George Tiller. He's charged with First Degree Murder.

Friday morning, the judge dealt with a couple of quick motions.

Sedgwick County District Attorney Nola Foulston detailed the morning Dr. Tiller was shot in the head while serving as an usher at his east Wichita church.

Foulston says Roeder stayed at a hotel near the church both the weekend Tiller died and the weekend before.

Law enforcement also found a box for a new gun in Roeder's home, among other things.

"They also found a May calendar belonging to Scott Roeder showing Pentecost Sunday and highlighting the dates of the 30th and 31st," said Nola Foulston, Sedgwick Co. Dist. Attorney. "In addition to that within his belongings was a Reformation Lutheran Church brochure."

Dr. Tiller's family is in the full courthouse along with more than a dozen media outlets who've arrived to cover the first day of the trial.



Scott Roeder Trial: Day Two Coverage


by Cliff Judy (WICHITA, Kan.)

Jurors heard testimony on Monday from the prosecution's two main witnesses in Scott Roeder's murder trial. In a surprising move, prosecutors also brought up the abortion issue instead of fighting defense attempts to bring it up in court.

Roeder has admitted to killing Wichita abortion provider Dr. George Tiller while Tiller served as an usher at his east Wichita church.

On Monday, prosecutors called two men who were serving as ushers with Tiller when he was shot. When Gary Hoepner saw Roeder leave the Reformation Lutheran Church sanctuary, he thought the man was headed for the restroom. Hoepner then saw movement out of the corner of his eye.

"He just walked up, put the gun up, and boom!" Hoepner testified Monday. "Shot (Tiller). Point blank right to the side of his head."

"It was like it slowed down. I was like, 'Is that a real gun?' And then George fell. In my mind, I repeated, 'Oh my God! Oh my God!'"

Hoepner and fellow usher Keith Martin chased Roeder from the church. They say Roeder had already threatened Hoepner with the gun by the time Martin confronted the shooter.

"I didn't have a good intent other than generally to stop him from leaving until police could get there," Martin testified. "I didn't have a real firm plan in mind."

Martin stood in front of Roeder's car to keep the him from leaving, but he says Roeder again pulled his gun.

"He said, 'Move!' and I didn't move," Martin testified. "Then he said, 'Move or I'll shoot you,' and he pulled his gun up and pointed it at my face. At that point, I felt like he was going to shoot me if I didn't move, so I moved out of the way."

Roeder would be caught and arrested hours later in Johnson County.

Prosecutors seemed to alter trial strategy Monday as they asked their own witnesses about abortion. They'd indicated they didn't want the issue brought up at trial, and as recently as Friday, prosecutors fought every attempt by defense attorneys to even hint at the abortion issue during witness cross examination.

Roeder's defense attorneys have motivation to bring the issue up in front of jurors because they want to use a defense of others trial strategy. If the judge eventually allows jurors to consider the strategy during jury deliberations, it could lead to a lesser charge against Roeder than first degree murder.

In Kansas, a conviction for first degree murder carries the mandatory penalty of life in prison with the possibility of parole in 25 years. Roeder is also charged with two counts of aggravated assault for allegedly threatening Hoepner and Martin.


Scott Roeder Trial: Day Three Coverage


by Cliff Judy (WICHITA, Kan.)

Jurors saw both video of Scott Roeder buying a gun and video of him being arrested after prosecutors say he used it to kill a Wichita abortion provider. Roeder's murder trial continued Tuesday as prosecutors switched focus to the investigation following Dr. George Tiller's death.

Roeder has admitted to killing Tiller while Tiller served as an usher at his east Wichita church. Roeder's charged with first degree murder and two counts of aggravated assault.

Raw Video: Dashcam Video of Scott Roeder's Arrest

On Tuesday, prosecutors switched gears from eyewitness testimony from church members who heard or saw the shot that killed Tiller to law enforcement and forensics investigators.

After Tiller's murder, church members managed to get a good vehicle description and license plate number for Roeder's car as he drove away from the building.

Johnson County Deputy Andrew Lento spotted Roeder's light blue Ford Taurus on I-35 outside Kansas City. Lento followed Roeder's car for several miles until he could get closer to other law enforcement officers for a high-risk traffic stop.

"We use that when there's a better chance or more likely that the suspect is armed or he may resist," said Deputy Lento.

Roeder was arrested without incident on the side of the highway. He didn't have a gun on him when he was arrested.

Prosecutors also spent Tuesday trying to show jurors Roeder had planned to attack Tiller.

Law enforcement found a Taurus gun box in Roeder's bedroom, along with a brochure from Tiller's church. Investigators later learned Roeder had bought a .22 Taurus handgun from a Lawrence pawn shop only a week before Tiller's shooting. Prosecutors also showed surveillance video from the pawn shop as Roeder purchased the gun and then returned five days later to pick it up.

Prosecutors aren't indicating their daily schedule during trial, but it's possible they plan to rest their case and hand the trial over to defense attorneys as early as Wednesday.

If convicted of first degree murder, Roeder faces life in prison with the possibility of parole in 25 years.

Defense attorneys are likely to attempt a defense of others trial strategy. It's the idea Roeder had an honest, but unreasonable, belief that he needed to kill Dr. Tiller to shut down Tiller's clinic. If Judge Warren Wilbert allows jurors to consider the strategy, it's possible jurors could consider the lesser charge of voluntary manslaughter.


Scott Roeder Trial: Day Four Coverage


by Cliff Judy (WICHITA, Kan.)

Scott Roeder will take the stand in his own defense on Thursday, and attorneys may hand the murder trial over to jurors by the weekend.

Roeder has admitted to killing Wichita abortion provider Dr. George Tiller while Tiller served as an usher at his east Wichita church. Roeder is charged with first degree murder and two counts of aggravated assault.

Prosecutors likely called their last witness Wednesday morning, but some of the most significant activity of the day may have come during the afternoon.

Judge Warren Wilbert and attorneys exchanged tense words as they argued over what jurors will be allowed to hear when Scott Roeder takes the stand. Prosecutors want a straight-forward murder trial with little mention of abortion, and they're concerned Roeder's testimony will become a character attack.

Sedgwick County District Attorney Nola Foulston even called allowing Roeder to speak about his abortion views and why he'd acted on an honest belief that the killing was necessary "outrageous."

Defense attorneys want Roeder to be able to explain why he wanted to kill the abortion provider.

Judge Wilbert told attorneys he may not allow all of the witnesses the defense was hoping for, but Roeder will be allowed to testify. Defense attorneys tried unsuccessfully to call the prosecutors who brought charges against Tiller a year ago, though the jury determined Tiller was performing legal abortions. Roeder attended that trial.

"Scott Roeder can testify until the cows come home about the trial and what it did to his beliefs, his thought process, how it frustrated him, angered him, and pushed him to the brink to do what he did," said Judge Wilbert, "but Scott Roeder has to do that."

Earlier in the day, prosecutors wrapped up their case by calling in a firearms expert and DNA expert.

The shell casing found next to Tiller's body matched other shells found on property belonging to Roeder's brother. Roeder had done target practice in the days before Tiller's murder, and the firearms expert said the casings found were all fired from the same gun. The gun used to kill Tiller, however, has never been found.

Blood spatters found on Roeder's left shoe when he was arrested matched Tiller.

With Roeder expected to take the stand Thursday and possibly few other witnesses from the defense, jurors are expected to get the case by the end of the week. It's even possible attorneys will give closing arguments late Thursday.



Scott Roeder Trial: Day Five Coverage

Scott Roeder Takes the Stand

Scott Roeder's murder trial continues in Sedgwick County Court Thursday.

The judge and attorneys will go over a motion first thing Thursday morning, then the defense is expected to begin presenting its side in the case. Scott Roeder himself is expected to testify in his own defense.




Defendant Testifies He Killed Kan. Abortion Doctor By THE ASSOCIATED PRESS Published: January 28, 2010

Defendant Testifies He Killed Kan. Abortion Doctor

Published: January 28, 2010

WICHITA, Kan. (AP) -- The man accused of murdering prominent Kansas abortion provider Dr. George Tiller took the stand in his own defense Thursday and promptly admitted that he fatally shot Tiller in an attempt to save unborn children.

Scott Roeder, who has pleaded not guilty to first-degree murder and aggravated assault, was sworn in and made no effort to deny prosecutors' claims that he killed Tiller in the foyer of Tiller's Wichita church on May 31. He previously confessed publicly to shooting Tiller.

Asked later by his own attorney about his views on abortion, the 51-year-old Roeder said he believes it amounts to murder.

''From conception forward it is murder. ... It is not a man's job to take life. It is our heavenly father's. He is our creator,'' said Roeder, who is from Kansas City, Mo.

Roeder replied ''yes'' or ''no'' to many of the questions he was asked, and his attempts to elaborate drew frequent objections from prosecutors, who say Roeder lacks the medical expertise to describe Tiller's practice.

When asked to detail the types of abortion procedures he was familiar with, Roeder answered ''four or five'' and then listed them. In one instance, he described a procedure as the fetus being ''torn limb from limb'' -- a characterization that prompted a quick objection from the prosecution.

Before Roeder took the stand, District Judge Warren Wilbert barred Kansas' anti-abortion crusading former attorney general Phill Kline from testifying after listening to a preview of Kline's testimony without the jury present.

Kline investigated Tiller's clinic, Women's Health Care Services, in 2006 because he suspected Tiller was violating Kansas' laws pertaining to late-term abortion. The case was later dropped because of jurisdictional issues.

Wilbert said allowing Kline's testimony would be ''inappropriate'' at the trial, and said much of it amounted to ''exactly what this court seeks to avoid.''

''I said I would not allow this courtroom to turn into a forum or a referendum on abortion,'' Wilbert said.

The decision to bar Kline's testimony hampers the strategy of the defense, which had hoped to show Roeder based his actions on Kline's belief that Tiller was breaking the law -- a potential step toward a lesser conviction of voluntary manslaughter.

Voluntary manslaughter in Kansas is defined as ''an unreasonable but honest belief that circumstances existed that justified deadly force.'' A conviction on the lesser charge involves considerably less prison time.

Wilbert reminded Roeder's attorneys in court Wednesday that they must couple a voluntary manslaughter defense with a showing of imminent danger posed by the doctor. He noted abortion is legal in Kansas.

Wilbert will rule later on whether to allow jurors to consider the lesser charge.

The two counts of aggravated assault Roeder faces are for allegedly using a gun to threaten two ushers who tried to stop him after the May 31 shooting at Tiller's Wichita church.


Scott Roeder is likely to testify today BY HURST LAVIANA AND RON SYLVESTER The Wichita Eagle Read more: http://www.kansas.com/topstories/story/115626

Scott Roeder is likely to testify today


BY HURST LAVIANA AND RON SYLVESTER

The Wichita Eagle


The judge in the Scott Roeder murder trial will decide today whether former Kansas Attorney General Phill Kline can be forced to testify.

The judge also will decide how much Roeder will be allowed to say about abortion when he takes the stand — most likely today — in his own defense.

Roeder is charged with first-degree murder in the May 31 shooting death of Wichita abortion provider George Tiller, but his lawyers are hoping for a conviction on a lesser charge of voluntary manslaughter.

District Judge Warren Wilbert said Wednesday that defense lawyers had a "formidable and daunting task" if they hope to convince him to allow the jury to consider a voluntary manslaughter conviction.

Wilbert said he will rule at the close of testimony which charges the jury will be allowed to consider.

After prosecutors wrapped up their case Wednesday, lawyers spent much of the afternoon debating what role abortion will play in Roeder's defense.

Wilbert said Roeder will be allowed to express his anti-abortion views, but he said, "We are not going to make this a referendum on abortion."

"He's not going to be able to get up there and blurt out whatever he wants to say," Wilbert said. "We're not going to discuss partial-birth abortion."

It became clear during the afternoon arguments that a key piece of the defense strategy will involve the March 2009 jury trial that ended when Tiller was acquitted of 19 misdemeanor charges. The charges related to financial arrangements in performing late-term abortions.

Roeder attended that trial, his lawyers said, and the not-guilty verdicts may have contributed to Roeder's decision to shoot Tiller at Reformation Lutheran Church.

Wilbert ruled Wednesday that Deputy Attorney General Barry Disney, the prosecutor at the Tiller trial, cannot be forced to testify on Roeder's behalf.

"I'm simply at a loss at what Mr. Disney could offer in this trial," Assistant Attorney General Michael Leitch said in asking Wilbert to quash the subpoena for Disney.

Defense lawyer Mark Rudy countered that the defense simply wanted to ask Disney whether he believed the charges against Tiller were valid.

"I think we are being handcuffed if we're not allowed to do that," he said. "We believe Barry Disney will say he had a good faith belief in these charges."

District Attorney Nola Foulston said she didn't think Disney or Kline — or the court records from the Tiller trial — had any business being mentioned in the Roeder trial. Kline was attorney general when the investigation into Tiller's clinic began.

"The state does not believe any of this mishmash is relevant and material to this case," she said.

Wilbert is expected to decide this morning whether Kline can be forced to testify. The jury is scheduled to return at 10:30, and the defense is expected to begin presenting evidence shortly afterward.

Outside the courthouse on Wednesday, Operation Rescue founder Randall Terry appeared with a handful of supporters, one who carried a sign that read, "Give Roeder a fair trial."

Over the noon break, Terry held a news conference in which he said, "This jury has a right to hear what drove Scott Roeder to such extremity."

Terry, a main figure in the "Summer of Mercy" protests at Tiller's Wichita clinic in 1991, has seen his influence wane in recent years. Operation Rescue has moved on without him and now has a new leader.

A leader for the Feminist Majority Foundation, who knew Tiller and supported his efforts, said Terry's presence amplifies their concern that extremist views fuel violence.

"I am more concerned about the extremists here at this trial, who have long had a relationship with Scott Roeder and have promoted violence against abortion doctors," said Kathy Spillar, executive vice president of the Feminist Majority Foundation.

Spillar said she was encouraged that a prosecutor from the civil rights division of the Department of Justice was in Wichita to monitor the trial and hopes it will lead to federal indictments.

"We're hoping to see charges filed beyond Scott Roeder," Spillar said. "The fact that we continue to see abortion doctors killed... tells us that something needs to be done and people should be prosecuted beyond the shooter."

Reach Hurst Laviana at 316-268-6499 or hlaviana@wichitaeagle.com.

Roeder to testify soon as defense now presents its case By JUDY L. THOMAS The Kansas City Star

Roeder to testify soon as defense now presents its case

WICHITA | Tempers flared Wednesday when a judge said he would allow the man charged with killing abortion doctor George Tiller to tell jurors how he formed his beliefs about abortion.

Sedgwick County District Judge Warren Wilbert gave a glimpse of how Thursday’s testimony will go during a hearing after prosecutors wrapped up their case on the fourth day of the trial. The defense will begin presenting its evidence Thursday.

Both the judge and attorneys exchanged heated words while arguing over upcoming testimony.

“Scott Roeder can testify to his personal beliefs, and the court’s prepared to give him some pretty wide latitude, and I’m sure he’s not going to paint Dr. Tiller in a very complimentary fashion,” Wilbert said. However, he added, “I want to re-emphasize, we are not going to make this a referendum on abortion.

“We’re not going to discuss partial-birth abortions, we’re not going to discuss late-term abortions and actual medical procedures. But his personally held beliefs in general about abortion, whether it’s harmful, whether it terminates a viable baby, he’s going to get to testify to that.”

Roeder, 51, of Kansas City, is charged with first-degree murder in the May 31 death of Tiller, one of a handful of doctors in the country who performed late-term abortions.

Roeder has admitted to reporters and in a court filing that he killed Tiller, saying it was necessary to save unborn babies.

A hearing on a motion to quash a defense subpoena was held after the prosecution wrapped up its case and jurors were dismissed for the day. The subpoena was issued to Barry Disney, an assistant Kansas attorney general who prosecuted Tiller in March 2009 on 19 misdemeanor counts. A jury found Tiller not guilty on all counts.

Disney argued that his testimony would not be relevant to Roeder’s trial and that his information was a protected work product.

During the hearing, Mark Rudy, one of Roeder’s attorneys, said the defense planned to build a case that Roeder killed Tiller because he had an honest belief that his actions were necessary to save unborn babies and that Roeder relied on Tiller’s trial to form those beliefs.

Wilbert said Disney’s testimony wasn’t necessary.

“We’re not going to bring in multiple collateral sources to somehow bolster his belief,” he said of Roeder. “Scott Roeder can testify until the cows come home about the trial and what it did to his beliefs, his thought process, how it frustrated him, angered him and pushed him to the brink to do what he did. But Scott Roeder has to do that.”

Rudy argued Disney’s testimony was necessary.

“We are obligated to build Scott’s beliefs to show you why he came to the honest belief that he needed to act the way he did,” he said. “We’re going to be handcuffed if we’re not allowed to demonstrate that.”

Wilbert told Roeder’s attorneys that the defense could ask the court to make jurors aware of Tiller’s misdemeanor case.

That angered Sedgwick County District Attorney Nola Foulston.

“The comments that the court has made are of grave concern to me,” she said. “The state does not believe any of this mish-mesh is relevant and material to the issues in this case. This is totally outside the scope of what a reasonable jury should be entitled to hear in the courtroom.”

Wilbert quashed Disney’s subpoena but said he couldn’t rule on the testimony of other defense witnesses until it’s offered.

Roeder didn’t attend the afternoon hearing. Friends said he was preparing to take the stand in his own defense.

“Scott is absolutely planning to testify,” said Dave Leach, an anti-abortion activist from Des Moines who visited Roeder in jail last night. “He’s been practicing with his attorneys.”

Leach said Roeder was pleased at how the trial was going and was surprised when prosecutors on Monday brought up the abortion issue during the questioning of a witness after avoiding the subject to that point.

The prosecution concluded four days of presenting evidence shortly after noon and jurors were dismissed for the day. Former Kansas Attorney General Phill Kline – who unsuccessfully tried to convict Tiller in 2006 — is expected to take the stand for the defense today.

Those on both sides of the abortion issue lined up early Wednesday morning to get a lottery ticket for the limited public seating in the courtroom.

Operation Rescue founder Randall Terry and members of his new group, Insurrecta Nex, stood outside the courthouse holding signs that said, “Tiller Killed 60,000 Children,” “Give Roeder a Fair Trial,” “Roeder’s Reason: The Babies,” and “Tiller killed 60,000 children.”

Wilbert has barred Roeder from using a so-called necessity defense, an argument that the killing was necessary to prevent a greater harm – saying such a defense wasn’t recognized by Kansas law. But the judge said he would allow Roeder to present evidence that he sincerely believed his actions were justified to save unborn children — a defense that could lead to a conviction on the lesser offense of voluntary manslaughter.

The judge said, however, that until the defense wrapped up its case, he didn’t know whether the evidence would be sufficient enough for him to instruct jurors that they could consider a voluntary manslaughter conviction. Wilbert said he would consider the testimony on a witness-by-witness basis.

Jurors on Wednesday heard from a forensics expert who testified that the cartridge case recovered next to Tiller’s body in the church and cartridge cases found where Roeder went target shooting at his brother’s residence were fired from the same .22-caliber gun.

A DNA analyst told jurors that blood found on Roeder’s left black tennis shoe had the same DNA profile as Tiller’s blood.

The prosecution’s 26th and final witness was Jaime Oeberst, chief medical examiner for Sedgwick County, who performed the autopsy on Tiller. As prosecutors displayed several autopsy photos, Oeberst described the injury as a “contact entry wound,” meaning the gun had been placed directly against Tiller’s forehead when fired. She said the cause of death was a gunshot wound to the head.

Meanwhile, the American Civil Liberties Union filed a friend-of-the-court brief on behalf of the National Abortion Federation, the ACLU, and the ACLU of Kansas asking the court to “preclude Roeder from arguing his anti-abortion beliefs in support of a lesser charge of voluntary manslaughter rather than first degree murder.”

“In a civilized society we cannot allow extremists to commit murder to advance their own religious or political beliefs,” said Vicki Saporta, President of the National Abortion Federation. “Scott Roeder should be prosecuted to the fullest extent of the law.”

Allowing the defense to argue that Roeder’s anti-abortion beliefs lessen his accountability for Tiller’s murder “sends an ominous signal to all vigilantes,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project.

“We should all be concerned; having sincere political beliefs does not mean someone should be able to get away with murder,” she said.

More Roeder supporters showed up at the courthouse today, including Kansas City-area anti-abortion activists Eugene Frye and Anthony Leake. Both visited Roeder in jail Monday night.

“Scott is upbeat,” said Frye, who stood outside holding a large picture of a fetus at eight weeks’ conception. “He’s excited because he thinks his attorneys will do a good job and he hopes the judge will allow evidence that will result in the jury convicting him of voluntary manslaughter. That would be a victory for him.”

Michael Bray, an Ohio abortion foe who has done prison time for a series of abortion clinic bombings in the 1980s, also visited Roeder.

“He’s very calm and cordial and soft-spoken, humble,” Bray said. “He’s ready to move on and present the real issue. I’m sure he hopes to get acquitted. We prayed for him to rest and to be calm and confident and that God will work whatever he’s going to do.”

| Judy L. Thomas, jthomas@kcstar.com