Judge opens door to lesser sentence in Roeder case By JUDY L. THOMAS The Kansas City Star

Judge opens door to lesser sentence in Roeder case

By JUDY L. THOMAS

The Kansas City Star

Jurors in the trial of the man accused of killing Wichita abortion doctor George Tiller could have the option of finding Scott Roeder guilty of voluntary manslaughter instead of first-degree murder, a judge ruled Friday.

The ruling by Judge Warren Wilbert surprised those on both sides of the abortion issue and could make the abortion debate more prominent at Roeder’s trial, which is scheduled to begin on Monday.

Wilbert said that based on Roeder’s statements to the media and a 104-page memorandum that Roeder filed in which he admitted killing Tiller but said he had a legal defense for doing so, it was his duty to instruct jurors on all “lesser-included offenses” established by the defense.

“It’s a very real possibility that there would be evidence that would require me to instruct the jury on voluntary manslaughter,” Wilbert said.

However, he added, “I’m giving counsel a heads-up. This will not become a trial on the bigger issue of abortion. It will be limited to Mr. Roeder’s beliefs and how he came to form those beliefs.”

Roeder’s supporters were elated at the judge’s ruling, saying jurors had a right to hear why Roeder did what he did. They said the action also gave them renewed hope that the trial would become a vehicle for overturning Roe vs. Wade, the 1973 U.S. Supreme Court decision that legalized abortion.

Abortion-rights activists were furious, saying it could lead to open season on doctors who perform abortions.

Prosecutors had intended for the trial to be a straightforward murder case and said at a previous hearing that they opposed any defense that proposed a possible conviction for voluntary manslaughter.

Roeder, 51, of Kansas City, is charged with first-degree murder in the May 31 shooting death of Tiller inside his church. Roeder also faces two counts of aggravated assault for allegedly threatening two ushers. Jury selection for the trial begins on Monday.

At Friday’s hearing, Wilbert said he would allow the defense to present testimony that Roeder acted “upon an unreasonable but honest belief that circumstances existed that justified deadly force.”

That means jurors could have the option of finding Roeder guilty of voluntary manslaughter. That carries a much lighter sentence than first-degree murder, which carries a life sentence with the possibility of parole in 25 years.

The ruling opens the door for the defense to offer testimony about Roeder’s beliefs on abortion. But Wilbert said he would make a determination on a “witness-by-witness basis” on whether the evidence Roeder presented was relevant to establishing whether he had an “honest belief” that deadly force was necessary.

| Judy L. Thomas, jthomas@kcstar.com