Judge doesn’t budge on Roeder defense By JUDY L. THOMAS The Kansas City Star

Judge doesn’t budge on Roeder defense

By JUDY L. THOMAS

The Kansas City Star

Despite prosecutors’ protests, a judge reaffirmed today that he may allow the jury to consider a voluntary manslaughter conviction in the death of Wichita abortion doctor George Tiller.

But Sedgwick County District Judge Warren Wilbert said he wanted to emphasize what he said last week: The Scott Roeder trial will not turn into an abortion debate.

“This trial is not about abortion and will not become a forum for debate of the ongoing issues surrounding abortion,” he said at a hearing today.

As a result of today’s hearing, jury selection is expected to begin Wednesday.

Roeder, 51, of Kansas City, is charged with first-degree murder in the May 31 shooting death of Tiller inside Reformation Lutheran Church, where Tiller was serving as an usher. Roeder also faces two counts of aggravated assault for allegedly threatening two other ushers.

Jury selection was to begin Monday, but the judge delayed it to hear motions on his surprising statement last week that he might allow Roeder to argue that he killed Tiller in order to save unborn babies.

Prosecutors filed a motion Monday challenging Wilbert’s action, saying that such a defense could result in allowing anyone to justify a premeditated murder based on their moral and political beliefs.

Wilbert said he wasn’t denying the prosecution’s motion to bar Roeder from making a case for voluntary manslaughter. But he said that until the defense begins presenting evidence, it was premature to make a decision.

“I’ll have to evaluate it at the time it arrives,” Wilbert said.

Roeder’s defense in turn filed a response this morning to the prosecution’s attempt to limit its strategies at the trial. It also filed a motion asking Wilbert to allow jurors to consider both first-degree murder and voluntary manslaughter during their deliberations.

Wilbert said he would rule all the motions during the trial.

Wilbert said that contrary to some reports, he didn’t rule last week that Roeder could build a case for voluntary manslaughter but said that depending on the evidence presented by the defense, he might be obligated to instruct jurors that it could be an option.

He noted that last week’s action created a stir.

“Believe me, my inbox has been filled with e-mails,” he said, including some from people who said he should save taxpayer money and declare Roeder guilty since he’d already admitted guilt to reporters and in a court filing last week.

However, Wilbert said, “Mr. Roeder is entitled to a jury trial just the same as any of us would be.”

Wilbert did note that he has banned Roeder from using a necessity defense — aiming for an acquittal by arguing that his actions were justified in order to stop a greater harm — because it isn’t recognized under Kansas law.

Wilbert said jury selection would begin at 9 a.m. Wednesday “unless and until I hear from the Supreme Court.”

He was referring to another surprise move last week in which he closed the jury selection to the media, saying it would “in all likelihood create a chilling effect on the juror candor required for the state and defendant to pick a fair an impartial jury.”

The Kansas City Star, Wichita Eagle, The Associated Press and KWCH-TV have asked the Kansas Supreme Court to open access to juror questioning.

| Judy L. Thomas, jthomas@kcstar.com