Verdict doesn’t close Roeder case

By JUDY L. THOMAS

The Kansas City Star

WICHITA | It took only 37 minutes Friday for a jury to convict Scott Roeder of first-degree murder for killing Wichita abortion doctor George Tiller.

But the fallout of the high-profile, emotionally charged case will linger for some time.

A federal investigation into whether Roeder acted alone in Tiller’s murder is continuing.

Tiller’s clinic — which drew patients from around the world because he was one of a handful of doctors in the country who performed late-term abortions — has closed for good.

And while Roeder’s sentencing is scheduled for March 9, with prosecutors pursuing the maximum sentence, his attorneys say they will appeal the verdict.

Roeder’s murder conviction came on the sixth day of a trial that attracted national attention and drew activists from both sides of the abortion issue. The seven-man, five-woman jury also convicted Roeder of two counts of aggravated assault for threatening two men who chased him as he fled Tiller’s church after the shooting.

The courtroom was silent as the verdict was read — Sedgwick County District Judge Warren Wilbert had warned each day against any disturbances. The jurors appeared serious and focused, and Roeder showed no emotion.

Tiller’s widow, Jeanne, lowered her head. Family members quietly hugged as they walked out. One person sitting with them displayed a button that said, “Attitude is everything,” which had been one of Tiller’s favorite phrases.

Roeder’s attorneys said they weren’t surprised at the verdict.

“This is exactly what I expected would happen,” said Steve Osburn. “We did the best we could with the facts that we had.”

He said Roeder was disappointed, “but he’s known this day was going to come, I think, from the start.”

“He made his decision about what he felt needed to be done and he had the strength of his convictions. They were honestly held convictions and he acted on them.”

Immediately after the verdict, Tiller’s attorney issued a statement at the family’s request:

“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.”

During the trial, Wilbert allowed Roeder to present evidence that he sincerely believed his actions were justified to save unborn children — a defense that could have led to a conviction on the lesser offense of voluntary manslaughter.

But on Thursday, Wilbert 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, but Tiller was shot in church.

Mark Rudy, Roeder’s other attorney, said Wilbert’s decision was a major setback to the defense.

“We knew we were in trouble,” Rudy said. “Our whole case was based on the efforts to get that (jury) instruction.”

Rudy said Roeder would appeal his murder conviction, likely based on the manslaughter issue.

In a news conference, District Attorney Nola Foulston said Roeder’s testimony showed that “he was very matter of fact, he was cool, he was calculated, he had no regrets.”

“In listening to this, it was very patently apparent that this was a man who, given the opportunity, would probably do it again.”

While Roeder faces a sentence of life in prison with the possibility of parole after 25 years, Foulston said she would request a “hard 50” sentence, which would require Roeder to serve at least 50 years before he can be considered for parole.

Abortion-rights advocates said that justice was served Friday, but that Roeder’s case shouldn’t end with the verdict.

“We’ve spoken with the Department of Justice about the importance of continuing to investigate whether or not anybody else aided and abetted Roeder in the commission of this crime and to bring federal charges against him as well,” said Vicki Saporta, president of the National Abortion Federation, who attended the trial.

After Tiller was killed, the U.S. Department of Justice announced that it had begun an investigation into whether others were involved in the shooting. Justice Department officials said the investigation is continuing. Agency officials attended the trial.

Kathy Spillar, executive vice president of the Feminist Majority Foundation, said she hoped the trial would propel the investigation.

“Our sincere hope now is that with the door thrown wide open by the district attorney and her cross-examination of Scott Roeder and by his own testimony of his relationship with other extremists who promote the murder of doctors, that a thorough and rigorous investigation will be conducted into whether or not this murder was part of a conspiracy to kill Dr. Tiller and to kill other doctors,” said Spillar, who also attended the trial.

Roeder’s supporters said they were disappointed with the verdict but encouraged at what transpired.

“The whole nation has seen a trial where the justification of force to stop abortion has been expressed,” said Dave Leach, an anti-abortion activist from Des Moines, Iowa. “And for a brief window, the very idea that force might be justified to stop abortion was taken seriously. And that has been enough to encourage pro-lifers and scare pro-deathers.”

Michael Bray, a longtime abortion foe from Ohio who visited Roeder in jail this week, said he wasn’t surprised at the verdict but was disappointed with the jury.

“It took a lot of courage for the fellow to say, ‘I want to stop abortion,’ ” said Bray, a convicted abortion clinic arsonist. “When a man does that, there’s an obligation for those who see that he did right to say so.”

Most established anti-abortion groups condemned the shooting and distanced themselves from the trial.

Roeder, 51, of Kansas City, took the stand Thursday as the only defense witness.

He testified that 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.

Roeder testified that over the years he had considered other ways to stop Tiller from performing abortions, including cutting Tiller’s hands off with a sword, ramming Tiller’s car with his own, and taking a sniper shot at Tiller outside his clinic.

But he said he ended up choosing to kill Tiller in his church because “it was the only window of opportunity that I saw where he could be stopped.”

During closing arguments Friday morning, prosecutors painted Roeder as a cold-blooded killer. They glared at Roeder numerous times as they spoke to jurors, at times pointing directly at him.

“This was a methodically calculated plan to kill Dr. Tiller,” prosecutor Ann Swegle told jurors. “He planned an assassination. He was totally remorseless in delivering to you his version of events.”

Rudy told jurors that Roeder killed Tiller because he believed babies’ lives were in danger.

“He believed every day in which he failed to act resulted in the death of more unborn,” Rudy said. “No defendant should ever be convicted based on their convictions.”

After the verdict was announced, Roeder’s ex-wife, Lindsey, issued a statement:

“My son and I are relieved and gratified that a verdict of guilty was decided,” she said. “We are anxious to put this behind us and move forward. Our prayers are with the Tiller family, who showed great strength and show my son and me what unity of a family truly means. We do not expect or ask that the Tiller family find closure. We pray that they feel a sense of justice.”

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