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1/13/10

Jury selection in Scott Roeder trial set to begin today BY RON SYLVESTER The Wichita Eagle

Jury selection in Scott Roeder trial set to begin today


BY RON SYLVESTER

The Wichita Eagle


Jury selection is scheduled to get underway this morning in the first-degree murder trial of Scott Roeder.

The schedule and procedures are uncertain, following a Kansas Supreme Court decision Tuesday night that reversed a decision by the trial judge to close the proceedings to the public.

Sedgwick County District Judge Warren Wilbert has asked to meet with legal counsel for The Eagle, Kansas City Star, The Associated Press and KWCH-TV to try and reach a resolution. The press organizations filed a petition with the Kansas Supreme Court on behalf of the public asking for a review of Wilbert's order closing the proceedings. The justices reversed the judge and asked him to review his ruling.

Wilbert asked to meet with the lawyers for all parties in the trial early this morning to try to avoid another delay. Jury selection had been scheduled to start Monday but was delayed as the prosecution asked to file further legal theories trying to limit Roeder's defense. Judge Wilbert said yesterday he wasn't going to place any further restrictions on Roeder, other than preventing him from using the so-called necessity defense.

Roeder, 51, has said he shot and killed Wichita abortion provider George Tiller on May 31 in his church to protect the unborn.

Although Roeder can't say the killing was necessary, his lawyers can try to build a case for voluntary manslaughter, which in Kansas is the "unreasonable but honest belief" that the use of force was necessary to defend another. Wilbert has not ruled on whether he will give that option to the jury, and said he will not until the conclusion of evidence. But Wilbert said he could envision evidence that might require him to include that charge.

Roeder is charged with first-degree premeditated murder. He would face life in prison if convicted.

Watch for updates on the case throughout the day, and live reports via Twitter at twitter.com/rsylvester.


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