Trial to Begin in Abortion-Doctor Killing By STEPHANIE SIMON

Trial to Begin in Abortion-Doctor Killing

By STEPHANIE SIMON

Jury selection begins Monday in the trial of Scott Roeder, who is accused of killing a Kansas doctor known for performing late-term abortions.

Police and prosecutors say Mr. Roeder walked into the Reformation Lutheran Church in Wichita last May 31 and shot Dr. George Tiller once in the head.

Mr. Roeder has pleaded not guilty to first-degree murder. But in phone calls from jail, he has told news organizations that he killed Dr. Tiller -- an act he said was justified to protect unborn children.

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Scott Roeder is shown at June booking on charges of killing Dr. George Tiller.

In a pretrial hearing Friday, Kansas Judge Warren Wilbert said he might allow the defense to present evidence that Mr. Roeder acted in defense of others -- in this case, fetuses -- whom he believed to be under imminent threat. The judge said he would make that call as the trial proceeded, on a witness-by-witness basis.

"He said it's probably a very tough burden for us to meet, but he didn't rule it out," said defense lawyer Mark Rudy, adding that he was satisfied with the ruling.

Judge Wilbert also said he was open to the defense presenting evidence that Mr. Roeder might be guilty not of first-degree murder, which carries a mandatory sentence of life in prison, but of the far lesser charge of voluntary manslaughter, which carries a sentence of about five years.

Under Kansas law, voluntarily manslaughter applies when an individual uses deadly force in the unreasonable but genuine belief that he was compelled to do so.

The judge denied a lengthy motion that Mr. Roeder wrote himself asking for permission to use the "necessity defense," which holds that homicide is sometimes justifiable in order to prevent a greater evil. Such a defense is not allowed under Kansas law, the judge said.

By airing Mr. Roeder's belief that he was protecting the unborn, the defense may renew the rancorous national debate about late-term abortion. Dr. Tiller specialized in aborting fetuses with genetic deformities but also occasionally aborted healthy full-term fetuses, if he deemed the pregnancy a threat to the woman's mental or physical health.

The defense has subpoenaed former Kansas Attorney General Phill Kline, who plans to testify that he reviewed patient medical records and found evidence Dr. Tiller was illegally aborting "viable, unborn children," a spokesman for Mr. Kline said. Dr. Tiller was acquitted of related charges in a jury trial two months before his death.

Mr. Kline has condemned Dr. Tiller's murder. But legal analysts said his testimony, if permitted by the judge, could help the defense paint a vivid picture of Mr. Roeder's state of mind.

Prosecutors declined to comment on their strategy, but their court filings indicate they are treating the trial as a straightforward murder case. They have submitted a list of scores of witnesses, including some expected to testify that they saw Mr. Roeder shoot Dr. Tiller as he ushered latecomers into Sunday morning services at his church.

Mr. Roeder, 51 years old, allegedly fled the church after the shooting. He was arrested that same day across the state, near his home in a suburb of Kansas City, Kan.

The trial will unfold in Sedgwick County District Court in Wichita, long the epicenter of the abortion wars. Dr. Tiller was one of the few physicians in the U.S. to perform late second- and third-trimester abortions; patients came to his clinic from across the nation. So did protesters.

In 1991, activists blockaded his clinic for weeks. In 1993, an abortion opponent shot Dr. Tiller in both arms. His clinic was bombed and repeatedly vandalized. At times, he wore a bulletproof vest and worked under the protection of federal marshals. After his death, his family closed the practice.

Leaders of the two main antiabortion groups in Kansas -- who condemned Dr. Tiller's murder -- said they do not plan to attend the trial. "I'll probably follow it on Twitter. That's about it," said Mary Kay Culp, who runs Kansans for Life.

Write to Stephanie Simon at stephanie.simon@wsj.com