Judge To Hear Motions In Roeder Case Next Week

Judge To Hear Motions In Roeder Case Next Week

A judge is scheduled to hear several pre-trial motions in the case against Scott Roeder next week. Roeder is accused of killing abortion doctor George Tiller earlier this year.

Reporter: Jared Cerullo
Email Address: jared.cerullo@kake.com

December 18, 2009

When Scott Roeder appears in court next week for a pre-trial hearing, a legal case about racial diversity may help guide the judge. Roeder is accused of killing Wichita abortion doctor George Tiller earlier this year.

The case involves how jurors are picked. Roeder's defense plans to ask judge Warren Wilburt next week not to allow prosecutors to strike jurors out of the pool based on their views on abortion alone. It's an uphill battle that will likely be hard to prove.

"It's a case where the prosecution perempted, or challenged without any reason, all African-Americans who were on the jury panel," said legal analyst Warner Eisenbise.

The question is, will that same reasoning translate into jurors views on abortion? A motion hearing scheduled for next week in Roeder's case will deal with how jurors are picked. With the political implications of the subject, Roeder's attorneys don't want the prosecution to be allowed to strike potential jurors based solely on their views about abortion.

"The Supreme Court ruled they could not do that," said Eisenbise. "They had to have reason, cause to challenge, rather than to peremptively challenge. A peremptive challenge is a challenge that you don't have to have a reason for."

In the Kentucky case, the four defendants in the case were black, but all of the jurors were white.

"We lawyers always try to have jurors we feel would be on our side in any case," Eisenbise said. "But carrying it too far is not proper and this is what i think is happening here in Wichita."

Eisenbise believes a fair jury can be chosen without a court order not allowing the state to perempt any potential jurors.

"It's ridiculous to think that they can keep the prosecution in this case from peremptorily challenging someone they feel might be pro-choice."

The judge will take up the motion on Tuesday. He'll also hear a motion for change of venue, but Eisenbise says that will also most likely be denied. Roeder's trial is scheduled to start on January 11.