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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.

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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.




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