10/26/09
THE BEGINNING OF ME ACTUALLY PUTTING MY OWN WORDS INTO THIS BLOG
Elated and relieved, yet sad and deflated
1-30-10
Since May 31, 2009, when Scott shot and killed Dr. George Tiller, the late-term abortionist in Wichita, Kansas, life has been very overwhelming, frustrating, maddening, and even scary at times. Hopefully, this will provide a safe outlet to release.
WICHITA, Kan. — The convicted killer of a Kansas abortion provider has filed a petition complaining of his treatment in prison and seeking his release.
A hearing on Scott Roeder's habeus corpus petition is scheduled for June 4 before Judge Timothy Henderson in Wichita. A habeus corpus petition requires a judge to determine whether the government can continue to hold a prisoner.
The court docket shows Roeder filed the initial paperwork himself in February. His court-appointed attorney, Michael Brown, could not immediately be reached for comment.
All the documents in a separate civil case involving Roeder have been sealed.
The murder case against him for killing Dr. George Tiller is now under appeal.
Copyright © 2010 The Associated Press. All rights reserved.
Apr. 1--WICHITA -- The defense has called George Hough, a psychologist from Topeka, as its next witness in today's sentencing of Scott Roeder, convicted killer of Wichita abortion provider George Tiller.
Hough met with Roeder twice last summer for five hours each in the county jail.
"My assessment was he was (mentally) competent," Hough said.
This afternoon, the court heard from a string of people who served as character witnesses on Roeder's behalf.
David Leach from Iowa, the fourth person to speak on Roeder's behalf, said that Roeder is a smart guy who has been maligned in the press and by his ex-wives.
Regina Dinwiddie of Kansas City was the third person to speak as a character witness for Roeder.
"I've never known him to swear or lie," she said, adding that he was polite to all the women who protested at the abortion clinic.
"He never uttered a threat," Dinwiddie said.
"Scott is not a vengeful man. He is a compassionate man," he said.
Katherine Coons, the second person to speak on Roeder's behalf, told the court, "This was not a hate crime. He just had a heart for the babies."
Eugene Frye, the first speaker, said he's known "and prayed with" Roeder since the 1990s.
"Everyone I've talked to about Scott said he was never threatening or mean spirited to them," said Frye, who quoted Bible scripture about Roeder's anti-abortion beliefs.
"Not one time did I ever hear him speak of violence to anyone," he said.
Frye said that the first time he saw Roeder upset was after a jury found Tiller not guilty of misdemeanor charges a couple of months before his death.
"My plea is you consider these. . . and impose the lesser sentence," Frye said.
Earlier in this morning's proceedings, Sedgwick County Judge Warren Wilbert analyzed the law and the arguments.
Wilbert next will hear mitigating factors from the defense. These are the reasons the defense believes the crime worthy of less serious punishment.
If mitigating factors do not outweigh aggravating factors, the Hard 50 will be applicable.
Wilbert only has to find one aggravating factor to warrant the Hard 50 for Roeder. That is a sentence of life without parole for at least 50 years. That would essentially preclude parole for Roeder.
A jury found Roeder guilty of first-degree murder after only 37 minutes of deliberations on Jan. 29 in the May 2009 killing of Tiller in the foyer of his Wichita church.
Wilbert said he does consider the shooting in the church as heinous.
"He didn't kill him in the parking lot," he said. "He didn't go early enough to get him going into the church."
Roeder choose to kill Tiller in the very place that abhors violence, Wilbert said.
Wilbert found that Roeder's killing of Tiller did not provide a threat to more than one person.
The threat to others did not occur simultaneously to the killing, as required under the law, he said. Those were separate threats, and Roeder was convicted of those assault charges, Warren said.
The deceased doesn't have to feel pain to meet the heinous, atrocious and cruel standard, he said.
And the law does provide for previous stalking. There is ample evidence Roeder stalked Tiller, Warren said.
The law also provides for prior planning, he said.
Public defender Mark Rudy argued that there are no aggravating factors that warrant the Hard 50 for Roeder.
Rudy said that the public defenders offer condolences to the Tiller family.
"But today, I'm going to ask you to follow the law," he said.
Rudy said that the law contemplates that the person suffered.
"That didn't happen, here, thank God," Rudy said, adding that Tiller probably died instantly.
Rudy said that the legislature and appeals courts have been clear: not all killings are heinous, atrocious and cruel. Otherwise, he said, all first-degree murder could be classified as Hard 50 cases.
Rudy said that Roeder testified he placed the gun to Tiller's head because he wanted to make sure no one else was hurt.
"(The church) was a place of opportunity", not an attempt to harm anyone else, Rudy said.
He added, "I will stipulate (Roeder) has no remorse. He should get the maximum." That is life in prison without the Hard 50.
Before a short morning recess, District Attorney Nola Foulston asked Wilbert to impose the Hard 50.
"This person presents a clear and present danger," Foulston said of Roeder.
If Roeder ever gets out of prison, he will be under lifetime supervision of a parole officer, Wilbert said.
Attorney Lee Thompson said that Tiller's family supports the Hard 50.
Foulston presented arguments for the Hard 50 and outlined aggravating circumstances required by law.
Because Roeder shot him in his church, he put other people in harm's way, Foulston said.
That is enough to ask the court to consider this murder "especially cruel, heinous and atrocious."
Roeder's stalking of Tiller over months and years also is recognized by law as a supporting factor, Foulston said.
Foulston recounted Roeder's repeated visits to Tiller's church with a gun. "Each time was a criminal act" that the court may consider.
During her rebuttal, Foulston said, "(Roeder) believed he was on a mission and his mission was righteous."
"When a crime is planned as a political or terrorist assassination. . . that type of case is different (from other murders)," she said.
He wants his constitutional rights, but he ended Dr. Tiller's constitutional right to perform abortion, Foulston said.
At this morning's sentencing, Thompson gave a statement on behalf of the Tiller family.
"We aren't dealing with free speech or the right of expression in this case," Thompson said. "(Roeder) has committed an act of terrorism."
He said it is an act of terrorism characterized by Roeder's boasting about the crime.
This is a hate crime deserving of the maximum sentence under the law, Thompson said.
At the beginning of his address, Thompson talked about Tiller's love for his family.
"George Tiller was known as an abortion doctor .. But he was so much more than that," Thompson said.
"This man did nothing halfway. He was never a halfway father."
Thompson said that he never stopped being active in his children's lives.
"They are desperately sorry and grieving over his loss," he said.
"This murder has extinguished this family devotion," Thompson said.
Thompson said that Tiller, a devoted grandfather to 10, daily wore a button that said "Attitude is everything".
He also talked about Tiller's medical career. He was a caring physician who received thousands of letters from patients who came to him in the most difficult part of their lives, Thompson said.
"The impact of this crime is felt on the medical profession far beyond Wichita," he said. "He gave his life for the rights of women."
During Thompson's address, Roeder stared, not looking at Thompson or the family.
At the beginning of this morning's proceedings, Wilbert reminded spectators about courtroom decorum. He said that any outbursts would be treated as contempt.
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WICHITA, Kan. - A Kansas judge's decision that an abortion doctor's killer deserved more time in prison because the murder took place in a church didn't surprise legal experts in this conservative Midwest state, and they said such a finding isn't likely to be grounds for a reversal.
"In a state that is sort of a Bible-belt state where people take ... a lot of public reverence about religion, that would be something that would be very disturbing to people," said Michael Kaye, director of Washburn University School of Law's Center for Excellence in Advocacy in Topeka.
When District Judge Warren Wilbert sentenced Scott Roeder on Thursday to life in prison with no possibility of parole for 50 years, the judge cited a Kansas law allowing stiffer sentences in specific "aggravating circumstances," such as stalking. The statute also permits longer prison terms for "any other conduct in the opinion of the court that is especially heinous, atrocious or cruel."
"The question is whether being killed in a church is atrocious, heinous or cruel," Kaye said. "Or is it simply outrageous? There are differences."
Roeder, 52, was convicted of first-degree murder in the May 21 shooting of George Tiller as the doctor was ushering at Reformation Lutheran Church in Wichita. The Kansas City, Mo., man also was found guilty of two counts of aggravated assault of two ushers who tried to stop him after the shooting.
Roeder testified at his January trial that he decided to kill Tiller at the church because he couldn't get into other places, such as the doctor's house in a gated subdivision and his heavily fortified clinic.
"The location chosen by the defendant to meet his need for access - with total disregard to the reverence that should be shown a house of worship - is in this court's opinion heinous, atrocious and cruel," Wilbert said.
The judge said a church was supposed to be a "place of peace and tranquility" and noted parishioners, including children, were confronted with a "horrific scene" as they left the sanctuary after the shooting.
A defiant Roeder told the judge during sentencing that he didn't consider the building where he killed Tiller a church because the people there didn't hold Tiller accountable for performing abortions. He called it a "synagogue of Satan," saying its members embraced a "mass murderer."
The church's pastors, who attended the sentencing with Tiller's family, didn't return a message Friday seeking comment.
The judge also noted Roeder stalked his victim and planned the killing, aggravating factors that also justified the maximum sentence.
Even if the Kansas Supreme Court ultimately rules Wilbert improperly considered the church location as an aggravating factor, there's enough other evidence, including the stalking, to support the longer prison term, Kaye said.
"When they look at error, they will have to weigh error in connection with all the other evidence, all the errors made, and I doubt they will come up with an error in that trial," he said. "That was a pretty carefully tried case."
Judges historically have a lot of discretion in sentencing, and it's permissible for them to consider the context of a crime and its impact, said Richard Levy, a law professor at the University of Kansas.
Levy also said he didn't think an appeals court would overturn the sentence because Wilbert didn't make any explicit references to religion in his ruling.
"It is not because the church has some particular status as hallowed ground per se," Levy said. "But the aggravation is the collateral damage that is being caused to people who are at the church in the disruption of their spirituality."
Scott Roeder, 52, was facing a minimum mandatory life sentence, but a Kansas judge had the power to decide whether he could be eligible for parole after 25 years or after 50.
"The blood of babies is in your hands," Roeder said as he was escorted from a Wichita, Kansas, courtroom on Thursday evening, referring to the district attorney who prosecuted him.
The Tiller family praised the sentence in a statement Thursday night.
"It is the most severe penalty available ... under Kansas law," the family said. "This crime was cruel and heinous not only because it took our husband, father and grandfather, but because it was a hate crime committed against George -- [and] also against all women and their constitutional rights."
Roeder was convicted in January of murdering Tiller, who operated a clinic in Wichita, Kansas, where late-term abortions were performed. Tiller was shot to death in May in the foyer of Reformation Lutheran Church in Wichita as Sunday services began.
Speaking before his sentencing, Roeder blasted Tiller, quoted the Bible at length and argued the slaying was justified because he was protecting the unborn.
"You have the power to acquit and if you were to obey the higher power, God himself, you would acquit me," Roeder told the judge, Warren Wilbert, before the sentence was handed down.
The sentence included an additional 24 months in prison for two aggravated assault convictions related to Tiller's murder.
Before the sentence was handed down, Roeder said in court Thursday that he agonized over the decision to kill Tiller, but said the act was done so that the doctor could not "kill again."
"It was the most agonizing and stressful decision I have ever had to make, and it took years to come to this conclusion, especially with the knowledge that I may never see my son, my daughter or my family again," Roeder said at his sentencing at the Sedgwick County Courthouse.
"It is the duty of the state of Kansas to protect all of the people, including those whom George Tiller killed. Had the courts acted rightfully, I would have not shot George Tiller," he said.
"The blame for George Tiller's death lies more with the state of Kansas than with me," he said. He spoke quickly and clearly.
Earlier in the sentencing, Tiller's attorney, Lee Thompson, spoke on behalf of the slain doctor's family, saying that Tiller's killing was "domestic terrorism" that robbed a family of a husband, father and grandfather.
"This man was devoted to his family. ... He was very important, and they are desperately sorry and grieving over his loss," Thompson told the court.
"He's committed an act of terrorism, a heinous, atrocious, cruel murder planned, plotted and devised for years and years and designed and executed solely for the purpose of killing someone with whom he disagreed," Thompson said.
Prosecutors argued for life in prison without the opportunity for parole until after 50 years.
"I believe he should be given the longest sentence possible," District Attorney Nola Foulston said Thursday.
But Mark Rudy, an assistant public defender, said there were no aggravating factors to warrant the "hard 50." He told the judge that he and the defense team offered condolences to Tiller's family and asked that "you follow the law."
Wilbert, the judge, said that the aggravating factors included the fact that Tiller was shot in his church.
"Reformation Lutheran Church was not holding Tiller accountable for his sins," Roeder responded. "They were not a true church. ... It was a synagogue of Satan, as the Bible talks about."
After Roeder had spoken for about 40 minutes about what he said was the biblical justification for the killing, Wilbert stopped him. "I'm sorry, I'm not providing you a forum for an all-night dissertation on the political debate on the issue of abortion," Wilbert said.
Eugene Frye, who spoke Thursday on Roeder's behalf, said he has known and prayed with him since the mid-1990s and described him as polite and courteous. He said Roeder "could and would" spend hours discussing abortion and the Bible.
"I know Scott's character cannot be separated from abortion," he said in asking for the lesser sentence.
During his trial, Roeder testified he believed he had to kill Tiller to save lives and said he had no regrets.
"There was nothing being done, and the legal process had been exhausted, and these babies were dying every day," he said. "I felt that if someone did not do something, he was going to continue."
George Hough, a psychologist who examined Roeder at the behest of the defense, said Roeder was competent. "He did know what he was doing," Hough said.
Roeder felt justified and didn't feel guilty, Hough said. Roeder believed there was a higher law, God's law, according to Hough.
In closing arguments, prosecutor Ann Swengel called Roeder's testimony "chillingly horrific" and said he carried out a "planned assassination."
Prosecutors initially fought to keep abortion out of the trial, saying that Tiller's death was a straightforward case of premeditated murder.
Eventually, the abortion issue took center stage as prosecutors portrayed Tiller as a target of Roeder's anti-abortion agenda, and defense attorneys attempted to mitigate his culpability under the theory that he believed Tiller's death was justified to save the lives of others.
Defense attorney Steve Osburn said after the verdict that Roeder "feels remorse toward the family, but not for what he did."
The trial drew activists from both sides of the abortion debate to the courtroom, and a van plastered with slogans and photos of fetuses was parked in a prominent spot in front of the courthouse.
Among the attendees were the Rev. Michael Bray, whose history in the anti-abortion movement includes 1985 conspiracy convictions in connection with a string of clinic bombings, and Katherine Spillar, executive vice president of the Feminist Majority Foundation.
Congregants from Reformation Lutheran testified they had seen Roeder at church several times before the day he killed Tiller by shooting him at point-blank range in the head.
Roeder's defense team did not dispute much of the evidence. Roeder testified he chose to target Tiller at church because it presented the best "window of opportunity" to attack the doctor, who traveled in an armored vehicle and whose clinic was a "fortress."
Speaking about the church Thursday, Hough said it was the only place where Roeder felt Tiller was vulnerable. "It solved his access problem," he said.
It took only 37 minutes to convict Scott Roeder of murder in January; it took nine hours Thursday to sentence him.
As expected, Sedgwick County District Judge Warren Wilbert sentenced Roeder, 52, to life in prison with no possibility of parole for 50 years for the murder of Wichita abortion provider George Tiller.
“I have to say, Scott Roeder has no regrets and neither do I,” District Attorney Nola Foulston said afterward.
“As I listened to Mr. Roeder, it confirmed my belief he is a person who should not be in our community.”
During the hearing, Roeder interrupted lawyers and the judge and also spoke for 45 minutes in an attempt to mitigate his sentence. He read for 30 minutes from a book written by a man executed for killing an abortion doctor in Florida and compared his plight to that of Jesus Christ.
“The blood of babies is on your hands, Nola Foulston . . . and Ann Swegle,” Roeder yelled at prosecutors as sheriff’s deputies pushed him out of the courtroom after he was sentenced.
Roeder’s sentence was the maximum allowed under Kansas law.
“This crime was cruel and heinous, not only because it took our husband, father and grandfather, but because it was a hate crime committed against George — against all women and their constitutional rights,” Tiller’s family said through attorney Lee Thompson after the hearing ended.
During Roeder’s trial, a jury came back by lunch on Jan. 29 with a guilty verdict against Roeder, convicting him of first-degree murder and two counts of aggravated assault in the May 31 shooting of Tiller in the foyer of his church.
Entering Thursday’s hearing, a life sentence was never in doubt. That’s mandated under Kansas law.
The only question was whether Roeder would be eligible for parole after 25 years or 50.
At day’s end, Wilbert decided to impose the so-called Hard 50. He also sentenced Roeder to a year on each count of aggravated assault — for pointing his gun at Gary Hoepner and Keith Martin as they chased him from the church after Tiller’s killing.
Wilbert ordered those sentences to run consecutively to the Hard 50. Wilbert said that if Roeder lives past 102 then gets parole, he also faces lifetime supervision after his release.
‘This was a difficult case,’’ Foulston said outside the courthouse. “The difficulty was apparent from the emotion that rang across the courtroom, across our community and across the world.”
Thompson said the family wanted to focus on Tiller’s legacy as a health care provider who trusted women to make the choices that would affect their health and lives.
“Dr. Tiller’s story is being told every day in the lives of the women he helped. His legacy cannot be diminished by the act of a single terrorist,” Thompson said.
Thompson also addressed the court on the family’s behalf, as is their right at sentencing, talking about Tiller’s love for his family.
“George Tiller was known as an abortion doctor . . . but he was so much more than that,” Thompson said.
“This man did nothing halfway. He was never a halfway father,” Thompson said. “This murder has extinguished this family devotion.”
During Thompson’s address, Roeder stared straight ahead, not looking at Thompson or the Tiller family.
A full day in court
Roeder called four friends who had protested with him outside women’s clinics in Kansas City as character witnesses.
Judge Wilbert strongly admonished each of them that he would not allow them to make political statements about abortion.
“Everyone I’ve talked to about Scott said he was never threatening or mean-spirited to them,” said Eugene Frye, who quoted Bible verses about Roeder’s anti-abortion beliefs.
“Not one time did I ever hear him speak of violence to anyone,” Frye added.
Throughout the day Roeder interrupted lawyers and the judge, yelling that he killed Tiller “to protect unborn babies.”
During his statement, Roeder read from prepared remarks for 45 minutes, 30 of which he spent reading from a book by Paul Hill, executed for the 1994 murder of a Florida abortion provider.
When Roeder began to disparage Foulston, Wilbert stopped him.
“You killed Dr. Tiller. You’re not going to politically assassinate Nola Foulston,” the judge said. “I’m going to draw the line there.”
Public defenders Steve Osburn and Mark Rudy objected to Wilbert limiting Roeder’s chance to address the court.
“This is what he believes,” Osburn said. “This is what he thinks you need to decide on a sentence.”
Wilbert reviewed the documents that Roeder wished to read before the court. Wilbert said some were not relevant.
“I will accept them and seal them, and they will be part of the record,” Wilbert said.
That way the appeals courts can decide whether it all should have been presented in open court, he said.
Roeder spoke of a higher power, how he followed God’s laws, not man’s laws, when it came to abortion.
“If you would follow a higher power, you would acquit me,” Roeder told Wilbert.
“If you think you’re going to convince me with some last-minute plea, you’re wasting your time,” Wilbert said.
When Roeder said he wanted to address expectant mothers, Wilbert stopped him again.
“I’m not going to provide you with an all-night political forum,” Wilbert said as the hearing, which began at 9:15a.m., neared 5 p.m.
Prosecutor Ann Swegle argued that Roeder does not follow the law of the God he claims to worship.
“That says ‘Do not kill,’ ” Swegle said.
Psychologist testifies
Psychologist George Hough from Topeka said Roeder adopted extreme Christian beliefs in the early 1990s and began to obsess about abortion.
“He described an increasing sense of urgency to take action,” said Hough, who was called to testify by the defense.
“He saw himself as a foot soldier,” Hough said, adding that Roeder used war imagery in the way he talked about it.
On cross-examination, Swegle asked the psychologist whether Roeder “could act on his own free will.”
“Yes,” Hough replied.
Reach Ron Sylvester at 316-268-6514 or rsylvester@wichitaeagle.com.
WICHITA — Judge Wilbert sentenced Scott Roeder to life with the Hard 50 for the first-degree murder of abortion provider George Tiller.
Wilbert also sentenced Roeder to 12 months on each count to run consecutive for the aggravated assault of Gary Hoepner and Keith Martin, the men Roeder pointed the gun at after he shot Tiller.
Wilbert told Roeder he can earn a 15 percent good time credit and has 10 days to file an appeal. Wilbert said if Roeder lives past 102, then gets parole, he also faces lifetime supervision after his release.
Roeder yelled "The blood of babies is on your hands, Nola Foulston ... And Ann Swegle," as guards quickly ushered him out of court.
Afterward, District Attorney Nola Foulston spoke outside of the courthouse.
''This was an act of terrorism, an act of brutality,'' Foulston said. 'It was abundantly clear this was an individual who chose to follow a path of lawlessness.''
''This was a difficult case,'' Foulston added. 'The difficulty was apparent from the emotion that rang across the courtroom, ...across our community and across the world."
"I have to say, Scott Roeder has no regrets and neither do I.," Foulston said. "As I listened to Mr Roeder, it confirmed my belief he is a person who should not be in our community."
Earlier, Judge Wilbert reviewed documents that Scott Roeder wished to read before the court. Wilbert said part of it was not relevant to the hearing. He noted and accepted the rest.
"I will accept them and seal them and they will be part of the record," Wilbert said. That way appeals courts can decide if it all should have been presented in open court, the judge said. He asked if Roeder if he had anything further to say.
"As for the Hard 50, I don't think I deserve that," Roeder said. Wilbert then read the law to Roeder on the aggravating factor he decided.
Roeder spoke about shooting Tiller at a church. "They were not holding Tiller accountable for his sins. Reformation Lutheran was not a true church," he said. Roeder then began to talk about members and pastors of the church. Judge Wilbert shut him down once again.
"It only takes one or two sentences to say I didn't believe it was a holy place ... The rest is just political diatribe," Wilbert said. After Roeder said he wanted to address expectant mothers, Wilbert stopped him again, saying, "I'm not going to provide you with an all-night political forum."
Public defender Mark Rudy argued mitigating factors against the Hard 50 are lack of criminal history and Roeder had an impaired capacity to conform his conduct to the law. "We believe those two factors outweigh the aggravating circumstances," Rudy said.
Ann Swegle argued for the prosecution, "He doesn't of the law of the God he says he follows. That says do not kill."
Earlier, Scott Roeder read a written statement for 40 minutes in his sentencing hearing today, before Judge Wilbert stopped him, saying "It is your opportunity to convince me you need a lesser sentence. It is not a soapbox for your political views."
Steve Osburn, Roeder's public defender, asked the judge if Roeder could continue. "This is what he believes. This is what he thinks you need to decide on a sentence," Osburn said.
After Roeder spoke off his notes, Wilbert responded "You killed Dr. Tiller. You're not going to politically assassinate Nola Foulston. I'm going to draw the line there."
"If you would follow a higher power, you would acquit me," Roeder said.
"If you think you're going to convince me with some last-minute plea, you're wasting your time," Wilbert responded. Wilbert said Roeder should focus on the Hard 50. That's the only decision left today.
Osburn objected to the court stopping Roeder's right to speak. Wilbert said he hadn't stopped Roeder; he had offered guidance.
"We have 10 abortion providers or less and 50 million who have perished at their hands," Roeder said in the statement.
He added, "How is it a man can speak openly and freely at his sentencing but not at his trial?"
"This court stifled my testimony," he continued.
"The blame for George Tiller's death lies more with the state of Kansas, than with me. You may sentence me to 25 or 50 years in prison but it does not serve justice in any way."
Roeder then read from a book by Paul Hill, who killed a Fla. doctor. "I agree with Paul Hill wholeheartedly." "God will avenge every drop of blood that stains Kansas grass," he continued. Roeder quoted the 10 Commandments and other Old Testament scripture.
"Give me liberty to defend the unborn or give me death," Roeder said.
Roeder has been convicted in the death Wichita abortion provider George Tiller.
Before Roeder read his statement, psychologist George Hough from Topeka was cross-examined.
Prosecutor Ann Swegle asked the psychologist if Roeder "could act on his own free will?"
"Yes," Hough replied.
Swegle later asked Hough, "Doesn't God say not to kill?"
Roeder then blurted out, "To protect unborn babies. I can't just sit here anymore." Deputies all stepped a little closer.
Judge Wilbert threatened to remove Roeder from the courtroom until it is his turn to talk if he doesn't remain silent.
"I have already said I will have to give you broad latitude," Wilbert said.
A jury found Roeder guilty of first-degree murder after only 37 minutes of deliberations on Jan. 29 in the May 2009 killing of Tiller in the foyer of his Wichita church.
During examination by the defense, Hough said that Roeder began to obsess about abortion.
"He described an increasing sense of urgency to take action," he said.
"He saw himself as a foot soldier," Hough said, and used a lot of war imagery in the way he talked about it.
Hough also said that Roeder idolized Paul Hill, who was executed for killing an abortion doctor in Florida.
Roeder said that Tiller's church was the only place the doctor was vulnerable, Hough said.
"He felt justified, Hough said. "He didn't feel guilty. He felt he had done what he'd needed to do for a long time."
"He said there was a higher law," he said. "God's law over man's law."
Hough met with Roeder twice last summer for five hours each in the county jail.
"My assessment was he was (mentally) competent," Hough said.
This afternoon, the court heard from a string of people who served as character witnesses on Roeder's behalf.
David Leach from Iowa, the fourth person to speak on Roeder's behalf, said that Roeder is a smart guy who has been maligned in the press and by his ex-wives.
Regina Dinwiddie of Kansas City was the third person to speak as a character witness for Roeder.
"I've never known him to swear or lie," she said, adding that he was polite to all the women who protested at the abortion clinic.
"He never uttered a threat," Dinwiddie said.
"Scott is not a vengeful man. He is a compassionate man," he said.
Katherine Coons, the second person to speak on Roeder's behalf, told the court, "This was not a hate crime. He just had a heart for the babies."
Eugene Frye, the first speaker, said he's known "and prayed with" Roeder since the 1990s.
"Everyone I've talked to about Scott said he was never threatening or mean spirited to them," said Frye, who quoted Bible scripture about Roeder's anti-abortion beliefs.
"Not one time did I ever hear him speak of violence to anyone," he said.
Frye said that the first time he saw Roeder upset was after a jury found Tiller not guilty of misdemeanor charges a couple of months before his death.
"My plea is you consider these ... and impose the lesser sentence," Frye said.
Earlier in this morning's proceedings, Sedgwick County Judge Warren Wilbert analyzed the law and the arguments.
Wilbert next will hear mitigating factors from the defense. These are the reasons the defense believes the crime worthy of less serious punishment.
If mitigating factors do not outweigh aggravating factors, the Hard 50 will be applicable.
Wilbert only has to find one aggravating factor to warrant the Hard 50 for Roeder. That is a sentence of life without parole for at least 50 years. That would essentially preclude parole for Roeder.
Wilbert said he does consider the shooting in the church as heinous.
"He didn't kill him in the parking lot," he said. "He didn't go early enough to get him going into the church."
Roeder choose to kill Tiller in the very place that abhors violence, Wilbert said.
Wilbert found that Roeder's killing of Tiller did not provide a threat to more than one person.
The threat to others did not occur simultaneously to the killing, as required under the law, he said. Those were separate threats, and Roeder was convicted of those assault charges, Warren said.
The deceased doesn't have to feel pain to meet the heinous, atrocious and cruel standard, he said.
And the law does provide for previous stalking. There is ample evidence Roeder stalked Tiller, Warren said.
The law also provides for prior planning, he said.
Public defender Mark Rudy argued that there are no aggravating factors that warrant the Hard 50 for Roeder.
Rudy said that the public defenders offer condolences to the Tiller family.
"But today, I'm going to ask you to follow the law," he said.
Rudy said that the law contemplates that the person suffered.
"That didn't happen, here, thank God," Rudy said, adding that Tiller probably died instantly.
Rudy said that the legislature and appeals courts have been clear: not all killings are heinous, atrocious and cruel. Otherwise, he said, all first-degree murder could be classified as Hard 50 cases.
Rudy said that Roeder testified he placed the gun to Tiller's head because he wanted to make sure no one else was hurt.
"(The church) was a place of opportunity", not an attempt to harm anyone else, Rudy said.
He added, "I will stipulate (Roeder) has no remorse. He should get the maximum." That is life in prison without the Hard 50.
Before a short morning recess, District Attorney Nola Foulston asked Wilbert to impose the Hard 50.
"This person presents a clear and present danger," Foulston said of Roeder.
If Roeder ever gets out of prison, he will be under lifetime supervision of a parole officer, Wilbert said.
Attorney Lee Thompson said that Tiller's family supports the Hard 50.
Foulston presented arguments for the Hard 50 and outlined aggravating circumstances required by law.
Because Roeder shot him in his church, he put other people in harm's way, Foulston said.
That is enough to ask the court to consider this murder "especially cruel, heinous and atrocious."
Roeder's stalking of Tiller over months and years also is recognized by law as a supporting factor, Foulston said.
Foulston recounted Roeder's repeated visits to Tiller's church with a gun. "Each time was a criminal act" that the court may consider.
During her rebuttal, Foulston said, "(Roeder) believed he was on a mission and his mission was righteous."
"When a crime is planned as a political or terrorist assassination ... that type of case is different (from other murders)," she said.
He wants his constitutional rights, but he ended Dr. Tiller's constitutional right to perform abortion, Foulston said.
At this morning's sentencing, Thompson gave a statement on behalf of the Tiller family.
"We aren't dealing with free speech or the right of expression in this case," Thompson said. "(Roeder) has committed an act of terrorism."
He said it is an act of terrorism characterized by Roeder's boasting about the crime.
This is a hate crime deserving of the maximum sentence under the law, Thompson said.
At the beginning of his address, Thompson talked about Tiller's love for his family.
"George Tiller was known as an abortion doctor .. But he was so much more than that," Thompson said.
"This man did nothing halfway. He was never a halfway father."
Thompson said that he never stopped being active in his children's lives.
"They are desperately sorry and grieving over his loss," he said.
"This murder has extinguished this family devotion," Thompson said.
Thompson said that Tiller, a devoted grandfather to 10, daily wore a button that said "Attitude is everything".
He also talked about Tiller's medical career. He was a caring physician who received thousands of letters from patients who came to him in the most difficult part of their lives, Thompson said.
"The impact of this crime is felt on the medical profession far beyond Wichita," he said. "He gave his life for the rights of women."
During Thompson's address, Roeder stared, not looking at Thompson or the family.
At the beginning of this morning's proceedings, Wilbert reminded spectators about courtroom decorum. He said that any outbursts would be treated as contempt.
WICHITA — In today's sentencing of Scott Roeder, convicted killer of Wichita abortion provider George Tiller, Roeder has asked others to speak on his behalf.
Eugene Frye, the first speaker, said he's known "and prayed with" Roeder since the 1990s.
"Everyone I've talked to about Scott said he was never threatening or mean spirited to them," said Frye, who quoted Bible scripture about Roeder's anti-abortion beliefs.
"Not one time did I ever hear him speak of violence to anyone," he said.
Frye said that the first time he saw Roeder upset was after a jury found Tiller not guilty of misdemeanor charges a couple of months before his death.
"My plea is you consider these ... and impose the lesser sentence," Frye said.
After Frye spoke, the court adjourned for lunch recess and will resume at 1:30 p.m.
Earlier in this morning's proceedings, Sedgwick County Judge Warren Wilbert analyzed the law and the arguments.
Wilbert next will hear mitigating factors from the defense. These are the reasons the defense believes the crime worthy of less serious punishment.
If mitigating factors do not outweigh aggravating factors, the Hard 50 will be applicable.
Wilbert only has to find one aggravating factor to warrant the Hard 50 for Roeder. That is a sentence of life without parole for at least 50 years. That would essentially preclude parole for Roeder.
A jury found Roeder guilty of first-degree murder after only 37 minutes of deliberations on Jan. 29 in the May 2009 killing of Tiller in the foyer of his Wichita church.
Wilbert said he does consider the shooting in the church as heinous.
"He didn't kill him in the parking lot," he said. "He didn't go early enough to get him going into the church."
Roeder choose to kill Tiller in the very place that abhors violence, Wilbert said.
Wilbert found that Roeder's killing of Tiller did not provide a threat to more than one person.
The threat to others did not occur simultaneously to the killing, as required under the law, he said. Those were separate threats, and Roeder was convicted of those assault charges, Warren said.
The deceased doesn't have to feel pain to meet the heinous, atrocious and cruel standard, he said.
And the law does provide for previous stalking. There is ample evidence Roeder stalked Tiller, Warren said.
The law also provides for prior planning, he said.
Public defender Mark Rudy argued that there are no aggravating factors that warrant the Hard 50 for Roeder.
Rudy said that the public defenders offer condolences to the Tiller family.
"But today, I'm going to ask you to follow the law," he said.
Rudy said that the law contemplates that the person suffered.
"That didn't happen, here, thank God," Rudy said, adding that Tiller probably died instantly.
Rudy said that the legislature and appeals courts have been clear: not all killings are heinous, atrocious and cruel. Otherwise, he said, all first-degree murder could be classified as Hard 50 cases.
Rudy said that Roeder testified he placed the gun to Tiller's head because he wanted to make sure no one else was hurt.
"(The church) was a place of opportunity", not an attempt to harm anyone else, Rudy said.
He added, "I will stipulate (Roeder) has no remorse. He should get the maximum." That is life in prison without the Hard 50.
Before a short morning recess, District Attorney Nola Foulston asked Wilbert to impose the Hard 50.
"This person presents a clear and present danger," Foulston said of Roeder.
If Roeder ever gets out of prison, he will be under lifetime supervision of a parole officer, Wilbert said.
Attorney Lee Thompson said that Tiller's family supports the Hard 50.
Foulston presented arguments for the Hard 50 and outlined aggravating circumstances required by law.
Because Roeder shot him in his church, he put other people in harm's way, Foulston said.
That is enough to ask the court to consider this murder "especially cruel, heinous and atrocious."
Roeder's stalking of Tiller over months and years also is recognized by law as a supporting factor, Foulston said.
Foulston recounted Roeder's repeated visits to Tiller's church with a gun. "Each time was a criminal act" that the court may consider.
During her rebuttal, Foulston said, "(Roeder) believed he was on a mission and his mission was righteous."
"When a crime is planned as a political or terrorist assassination ... that type of case is different (from other murders)," she said.
He wants his constitutional rights, but he ended Dr. Tiller's constitutional right to perform abortion, Foulston said.
At this morning's sentencing, Thompson gave a statement on behalf of the Tiller family.
"We aren't dealing with free speech or the right of expression in this case," Thompson said. "(Roeder) has committed an act of terrorism."
He said it is an act of terrorism characterized by Roeder's boasting about the crime.
This is a hate crime deserving of the maximum sentence under the law, Thompson said.
At the beginning of his address, Thompson talked about Tiller's love for his family.
"George Tiller was known as an abortion doctor .. But he was so much more than that," Thompson said.
"This man did nothing halfway. He was never a halfway father."
Thompson said that he never stopped being active in his children's lives.
"They are desperately sorry and grieving over his loss," he said.
"This murder has extinguished this family devotion," Thompson said.
Thompson said that Tiller, a devoted grandfather to 10, daily wore a button that said "Attitude is everything".
He also talked about Tiller's medical career. He was a caring physician who received thousands of letters from patients who came to him in the most difficult part of their lives, Thompson said.
"The impact of this crime is felt on the medical profession far beyond Wichita," he said. "He gave his life for the rights of women."
During Thompson's address, Roeder stared, not looking at Thompson or the family.
At the beginning of this morning's proceedings, Wilbert reminded spectators about courtroom decorum. He said that any outbursts would be treated as contempt.
Character witnesses for Roeder will be limited to speaking about his character, Wilbert said. They are not to talk about Tiller or abortion.