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1/11/10

Lawyers to begin questioning jurors in Scott Roeder trial today BY RON SYLVESTER The Wichita Eagle

Lawyers to begin questioning jurors in Scott Roeder trial today


BY RON SYLVESTER

The Wichita Eagle


WICHITA - Lawyers are set to begin questioning of jurors today in the first-degree murder trial of Scott Roeder in the death of a Wichita abortion doctor.

A group of 61 jurors will be called in the first day to face individual questioning by lawyers, which could include their experiences with, or thoughts about, abortion.

Roeder, 51, is charged with the May 31 shooting of George Tiller, one of four physicians in the country willing to perform late-term abortions when the health of the woman was threatened. Roeder, whose family says he suffers from mental illness, has said he shot Tiller to protect the lives of the unborn.

Sedgwick County District Judge Warren Wilbert has twice ruled he will not allow Roeder to say killing Tiller was necessary to stop abortion. The so-called "necessity defense" is not recognized under the law, Wilbert said, and can be used only when trying to stop an illegal act. Abortion is legal in the U.S. and is a constitutionally protected right of a woman, Wilbert said.

Although jury selection is usually held in open court, even when jurors have to talk about sensitive issues such as past sexual abuse, domestic violence or their opinions on the death penalty, Wilbert has closed jury selection.

The Eagle, The Associated Press, KWCH-TV and other news services plan to ask the Kansas Supreme Court to allow public access to the proceedings through reporters covering the trial.

A potential jury pool of 140 filled out pretrial questionnaires last week. The blank list of question has also been sealed from public view by Wilbert.

Questioning by lawyers will determine the final panel of 12 jurors and two alternates who will decide the case.

Wilbert has indicated jurors could be able to choose between less severe charges than first-degree premeditated murder, including voluntary manslaughter. In Kansas, voluntary manslaughter is an intentional killing under the "unreasonable but honest belief" that the use of force was necessary.


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