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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.

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