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.
Lawyers for the man accused of killing of abortion provider George Tiller have asked a judge for an order prohibiting prosecutors from discriminating against potential jurors based on their religious or anti-abortion beliefs.
The court filing, made public Thursday, offered the first glimpse of the legal strategy being developed by Scott Roeder's court-appointed defense team. Sedgwick County District Judge Warren Wilbert scheduled a hearing on the defense motion for Dec. 9.
Roeder is accused of shooting Tiller on May 31 while the doctor was ushering for Sunday morning services at his Wichita church. He is scheduled for trial Jan. 11 on charges of first-degree murder and aggravated assault.
"The abortion issue is so contentious, that by eliminating pro-life jury panelists impartiality is compromised," attorney Mark Rudy wrote. "It is the contemplation of a heated deliberation, by jurors of all views, including those who are pro-life, that will insure impartial jurors."
Prosecutors will respond to the motion at the December hearing, said Georgia Cole, spokeswoman for the Sedgwick County district attorney's office.
In his motion, Rudy argued that peremptory strikes during jury selection based on a person's beliefs or actions against abortion violate the First Amendment because they discriminate against a religious point of view.
Rudy also argued excluding anti-abortion jurors would violate the Constitution's equal protection clause, deprive Roeder of due process and impede the selection of an impartial jury.
In a phone call Thursday from the Sedgwick County jail, Roeder told The Associated Press he is "very satisfied" with his public defenders, pleased they filed motion and thought it was well thought out.
"It seems like a plausible move ... just something that hopefully would not bar anyone from being on the jury because of the fact that they are pro-life," he said.
Roeder said he can't afford to hire his own attorney, but there are "other possibilities in the works" to find a lawyer who will take his case for free.
Some supporters are still trying to raise money for his defense after eBay said Tuesday it would block a planned auction of anti-abortion memorabilia because it violates the company's policy on offensive materials.
Abortion opponents want to hire an attorney who would present a justifiable homicide, or so-called affirmative action defense, arguing the killing was justified to protect unborn children. They hope to appeal Roeder's case to the U.S. Supreme Court as part of an effort to overturn Roe v. Wade, which legalized abortion in the U.S.
Auction organizer Regina Dinwiddie said her attorney wrote eBay a letter telling the company that if it takes down the auction listings it would be discriminating against her and using unfair commercial practices. The online auction company did not respond to telephone and e-mail messages seeking comment Thursday.
Dave Leach, an abortion opponent from Des Moines, Iowa, said Thursday the group is also trying to find other online auctions or buy online auction software in case it can't use eBay.
Roeder said he was very excited to hear the auction might happen after all.
The auction has been controversial because it includes an underground publication for anti-abortion militants that describes ways to shut down clinics and a cookbook compiled by Shelley Shannon, the Oregon woman who shot and wounded Tiller in 1993 and was later convicted in a series of abortion clinic arsons and bombings.
Lee Thompson, the attorney representing Tiller's family, said he also has written eBay, asking it to block the auction.
"It is a reprehensible attempt to glorify violence," Thompson said in a phone interview. "These are the same people whose publications generated the climate of hatred that led to Dr. Tiller's murder in the first place."
He contended proceeds from such a sale should be paid to the Kansas crime victims compensation board as they would come under a state law designed to prevent those charged with crimes from profiting from them.
© 2009 Wichita Eagle and wire service sources. All Rights Reserved. http://www.kansas.com
WICHITA — Less than a week after delaying the trial for the man accused of killing abortion provider George Tiller, court officials have changed the start date again.
Jury selection for the trial of Scott Roeder will begin on Jan. 11, two weeks sooner than the Sedgwick County District Attorney's Office announced on Friday.
Tiller was shot to death on the last Sunday in May at Reformation Lutheran Church, where he was serving as an usher.
Roeder, 51, is charged with first-degree murder and aggravated assault in connection with the shooting.
Before it was initially postponed, the trial was set to begin last Monday.
Georgia Cole, a spokeswoman for the District Attorney's Office, said the latest change was made to ensure enough time had been set aside to complete the trial.
Court officials are allowing for as much as three weeks for the trial, she said.
WICHITA — Scott Roeder, the man charged with killing a Wichita abortion doctor, won't go to trial until at least next year, the Sedgwick County District Attorney's office said this morning.
Roeder was scheduled to go on trial Monday, charged with first-degree murder in the May shooting death of George Tiller.
Roeder's new trial date has been set for Jan. 25, 2010.
Tiller was shot to death inside Reformation Lutheran Church, where he was serving as an usher, on the last Sunday in May.
Late-term abortion procedures at Tiller's clinic had made him a longtime target of protests by abortion opponents.
© 2009 Wichita Eagle and wire service sources. All Rights Reserved. http://www.kansas.com
Earlier this week it was reported [1] that Scott Roeder, the man accused of murdering Dr. George Tiller, had hired a prominent anti-abortion attorney and planned to use a "justifiable homicide" defense. The article also reported that Roeder's defense was getting assistance from outside activists:
Dave Leach, an anti-abortion activist in Des Moines, Iowa, who in 1996 reprinted the Army of God manual that lists ways to damage abortion clinics, recently wrote a legal brief for Roeder's case on the "necessity defense." He argued that had the alleged shooter not acted, the killing of hundreds of babies every week would have continued. He sent it to Roeder's public defenders, but they have not responded.
Last night, Alan Colmes had Leach on his program [2] to defend his brief [PDF] [3] and Leach repeatedly asserted that the destruction of clinics and the murder of doctors are entirely justified. Leach insisted that Roeder was being denied a jury trial, which is untrue [4], and tried to keep the discussion narrowly focused on that issue but Colmes was having none of it and pressed him to explain how, if Roeder is found not guilty at this trial, this wouldn't give anti-abortion activists carte blanche to go out and kill abortion providers. In response, Leach asserted that a successful justifiable homicide defense would actually mean that no other abortion provider would ever be killed because activists would be able to shut down their clinics by simply blocking access to them. But Leach also asserted that such a defense would probably only work for Roeder because Tiller's actions were "pretty extreme":
The most interesting aspect of this discussion actually came after the interview with Leach ended when Roeder's ex-wife called into the show [5] and explained how, when they were first married, Roeder was an average guy but eventually became extremely invested in the prosperity gospel movement and began sending large sums of money to evangelist Robert Tilton. After that, Roeder found himself unable to pay his bills and so he stopped paying his taxes and, from there, proceeded to go completely off the deep end:
Links:
[1] http://news.yahoo.com/s/ap/us_abortion_shooting
[2] http://www.alan.com/2009/09/01/on-tuesdays-radio-show-83/
[3] http://www.saltshaker.us/AmericanIssues/RoederProposedBrief.pdf
[4] http://www.kwch.com/Global/story.asp?S=10791237
[5] http://www.alan.com/2009/09/02/lindsey-roeder-wife-of-accused-tiller-killer-scott-calls-the-radio-show/
They met in one another’s homes on Saturdays, their Sabbath, for potluck dinners and scripture study sessions.
Among the topics: The Old Testament, their Hebrew roots and the “secret societies” attempting to control government and culture.
Among the members: Scott Roeder, the Kansas City man accused of killing Wichita abortion doctor George Tiller.
As the investigation continues into whether Roeder acted alone in Tiller’s May 31 death, members of the study group have found themselves in the spotlight, showing up on the witness list for the prosecution and being interviewed by the FBI.
Even a rabbi at an Overland Park congregation of Messianic Jews has been questioned, although Roeder’s group broke away after some members were asked to leave the synagogue.
“People are trying to make something out of nothing,” said Michael Clayman, an attorney who was host for the group for a time in his Merriam home.
“It was like any other Bible study around town. It was a bunch of guys having spaghetti and meatballs, talking about philosophy. It wasn’t a bunch of Jim Jones people meeting or drinking Kool-Aid or plotting things. No cult, no nothing.”
The group does help explain the foundation of some of Roeder’s beliefs, which included distrust of government and opposition to abortion.
Those attending the study group describe themselves as Messianic Jews who, unlike mainstream Jews, believe that Jesus was the Messiah. Some people who call themselves Messianic Jews, such as Roeder, are not Jewish.
Messianic Jews observe many Jewish customs, including dietary laws and holidays.
In a recent interview, Roeder said he “had become a believer” around 1992.
“I converted, born again to Christianity,” he said. “I guess you could say Messianic, or turned to Jesus, Yeshua, as my Savior.” He said Messianic believers such as himself had gone “back to our Hebrew roots.”
Roeder said he preferred going to a study group instead of a more formal religious setting because “organized religion is 501(c)3 tax-exempt organizations, which are businesses.”
“We stay away from them,” he said, adding that religious organizations receiving tax-exempt status become corrupt because they are beholden to the government.
Roeder and other members of the Bible study used to attend the Or HaOlam Messianic Congregation in Overland Park but split off, some said, because the leaders did not want to hear their talk about Freemasons and other “secret societies.”
They also didn’t approve of Or HaOlam being registered as a nonprofit corporation with the state of Kansas.
Rabbi Shmuel Wolkenfeld of the Or HaOlam congregation confirmed that Roeder and the others left over disagreements. Wolkenfeld said he hadn’t seen them for several years.
“We had such divisive conversations with them,” he said. “Scott became displeased with us because we were an incorporated Kansas charity.”
He said the group also espoused conspiracy theories — including an assertion that Prince Charles is the Antichrist — and that eventually, he and the elders had to “uninvite” two of Roeder’s friends.
“With Scott, we had a bunch of discussions, then he just disappeared,” he said. “I wish we could have helped him, but he had his own opinions.”
Wolkenfeld said the congregation was shocked by Tiller’s slaying.
“Our congregation is certainly pro-life,” he said. “So for something like that to happen is abhorrent. All it does is bring disgrace on the whole cause.”
Wolkenfeld said two Wichita police detectives paid him a visit after Tiller’s murder to ask about Roeder.
“What they said was they knew we had a history with him and they were looking for any possible lead,” he said.
After leaving Or HaOlam, the group began meeting on Saturday afternoons, first at Clayman’s house and most recently at an apartment in Westport that Roeder shared with another man.
The man asked not to be identified because he fears losing his job, saying he already had lost a new roommate who discovered the man’s ties to Roeder.
The man said the study group was suspended after Roeder’s arrest.
He said he last saw Roeder the day before Tiller was killed. Roeder told him that he was going to visit his family in Topeka and didn’t come home that night. The next day, he said, the FBI knocked on his door at 4:15 p.m. and started asking questions.
Agents took his home computer and laptop and also Roeder’s computer, he said, along with some Hebrew teaching tapes. He said he’s met with FBI agents five times since Tiller’s death.
Tim Parks, who was Roeder’s roommate for five years before Roeder lived with Clayman, said he attended some of the study group’s meetings. He said, however, that “I disagreed with a lot of that stuff.” Some of the beliefs, he said, were “kind of off the wall.”
“To me, it’s PFA theology,” he said. “Plucked from air.”
Parks said he isn’t convinced that Roeder killed Tiller.
“A bunch of us think he is being framed,” said Parks, who also has been interviewed by the FBI. “To me, the entire judicial system is suspect.”
Clayman said he met Roeder about two years ago while attending a different study group. He said Roeder lived with him for 11 months but moved out April 1 because he’d lost his job and wasn’t paying his rent.
Clayman said Roeder took the abortion issue to the extreme.
“Scott believed that the Bible was literal, the word of God,” he said. “Where he went astray was he had this crazy, fanatic doctrine that you could somehow justify killing somebody just because they were an abortion doctor.”
Clayman said Roeder talked often about his belief that killing an abortion doctor was an act of justifiable homicide.
“When he brought up that in theory — but he never did threaten anybody when I was around — I said, ‘How can you repay evil with evil?’ ” he said.
Clayman said investigators won’t find any conspiracy behind Tiller’s killing, especially among the members of the study group.
“A Bible study is studying the Bible,” he said. “We’d read from the Bible and say, ‘What do you think about that?’ Then we’d discuss it. We didn’t sit around and have sacrifices in the backyard.”
As for Roeder, Clayman said, “He’s going to be tried, and he’s going to try and do a dog-and-pony show in front of the media. He wants to tell the whole world. He’s a martyr, see? That’s what he wanted to be.”
Scott Roeder, 51, has pleaded not guilty to first-degree murder and aggravated assault charges in the May 31 shooting death of Tiller in the foyer of his Wichita church. The Kansas City, Mo., man has refused to discuss his case, but he has told The Associated Press that Tiller's killing was justified to save "the lives of unborn children."
Roeder has court-appointed defense attorneys, but he apparently has now turned to Michael Hirsh, the lawyer who represented Paul Hill on appeal for killing a Florida abortion provider and his bodyguard in 1994. Hill was executed in 2003 after the Florida Supreme Court rejected Hirsh's argument that the judge should have allowed Hill to present to jurors his claim that the killings were justified to prevent abortions.
Hirsh confirmed he has spoken once to Roeder in recent weeks about representing him, but he has not yet been retained. Hirsh said he had not researched the facts of the case or Kansas law enough to know whether the justifiable homicide defense could be used but said a jury should be allowed to decide if it is applicable.
Roeder's trial is scheduled for Sept. 21, though public defender Mark Rudy said he anticipates filing for a continuance.
Rudy declined to comment on Hirsh's possible role in the case. Roeder did not respond to a letter from the AP seeking comment.
The Florida Supreme Court ruled in denying Hill's appeal that his motivation would not change the outcome of the case. "As a practical matter, permitting a defendant to vindicate his or her criminal activity in this manner would be an invitation for lawlessness," the justices wrote.
But Hirsh discounted the suggestion that if a jury acquitted Roeder of murder based on such a defense, it would lead to an open season on abortion doctors.
"It has been open season on unborn children for over 30 years. I think on abortionists there will be a bag limit," Hirsh said in a phone interview this week from his Kennesaw, Ga., office.
He previously represented anti-abortion activist Regina Dinwiddie of Kansas City, Mo., who was among the first protesters targeted in 1995 under the Freedom of Access to Clinic Entrances act. Dinwiddie was barred from going within 500 feet of a clinic.
The principle of self-defense and the defense of another has been recognized for centuries, Hirsh said. But he acknowledged its use in abortion-related cases has been stifled, saying that in Hill's case, the prosecutor and judge made sure jurors wouldn't hear it.
"We don't know if it would have prevailed or not and they were scared out of their mind, and you could see it, that it might have," Hirsh said. "And so it's not fair to say it never worked. Well, it hasn't been tried, either."
Richard Levy, a professor at the University of Kansas School of Law, said such defenses can work, but not necessarily in the context of abortion. The law requires that the threat be imminent, the force reasonable in response and the activity involved unlawful.
Any claim that killing an abortion provider is justifiable likely would fail, he said.
"In particular in the circumstances of the murder of Dr. Tiller there is an imminence problem, there is no imminent threat and, more fundamentally, the activities he was engaged in were legal," Levy said.
The question is whether a judge would allow jurors to consider that defense.
Wichita attorney E. Jay Greeno, who defended Rachelle "Shelley" Shannon for shooting Tiller in both arms in 1993, said the judge repeatedly shut her down when she tried to testify about abortions the doctor performed.
Procedurally, the judge in Roeder's case would likely hold a pretrial hearing on whether Roeder's attorneys could raise that defense at trial.
"There might be some hope that there would be jury nullification — the jury would vote to acquit — if there were right-to-life advocates within the jury who accepted the argument that an unborn child is a human being and that abortion is murder and therefore the murder of a physician who performs abortion is also justifiable," Levy said.
Dave Leach, an anti-abortion activist in Des Moines, Iowa, who in 1996 reprinted the Army of God manual that lists ways to damage abortion clinics, recently wrote a legal brief for Roeder's case on the "necessity defense." He argued that had the alleged shooter not acted, the killing of hundreds of babies every week would have continued. He sent it to Roeder's public defenders, but they have not responded.
Rudy acknowledged that Roeder's attorneys have received several suggested defense strategies, adding that they have given them the "appropriate due response."
Saturday , August 29, 2009
WICHITA, Kan. —
The suspect in the killing of abortion provider George Tiller is in talks with a prominent attorney who represents anti-abortion protesters and has long advocated justifiable homicide as a legal defense in such cases.Scott Roeder, 51, has pleaded not guilty to first-degree murder and aggravated assault charges in the May 31 shooting death of Tiller in the foyer of his Wichita church. The Kansas City, Mo., man has refused to discuss his case, but he has told The Associated Press that Tiller's killing was justified to save "the lives of unborn children."
Roeder has court-appointed defense attorneys, but he apparently has now turned to Michael Hirsh, the lawyer who represented Paul Hill on appeal for killing a Florida abortion provider and his bodyguard in 1994. Hill was executed in 2003 after the Florida Supreme Court rejected Hirsh's argument that the judge should have allowed Hill to present to jurors his claim that the killings were justified to prevent abortions.
Hirsh confirmed he has spoken once to Roeder in recent weeks about representing him, but he has not yet been retained. Hirsh said he had not researched the facts of the case or Kansas law enough to know whether the justifiable homicide defense could be used but said a jury should be allowed to decide if it is applicable.
Roeder's trial is scheduled for Sept. 21, though public defender Mark Rudy said he anticipates filing for a continuance.
Rudy declined to comment on Hirsh's possible role in the case. Roeder did not respond to a letter from the AP seeking comment.
The Florida Supreme Court ruled in denying Hill's appeal that his motivation would not change the outcome of the case. "As a practical matter, permitting a defendant to vindicate his or her criminal activity in this manner would be an invitation for lawlessness," the justices wrote.
But Hirsh discounted the suggestion that if a jury acquitted Roeder of murder based on such a defense, it would lead to an open season on abortion doctors.
"It has been open season on unborn children for over 30 years. I think on abortionists there will be a bag limit," Hirsh said in a phone interview this week from his Kennesaw, Ga., office.
He previously represented anti-abortion activist Regina Dinwiddie of Kansas City, Mo., who was among the first protesters targeted in 1995 under the Freedom of Access to Clinic Entrances act. Dinwiddie was barred from going within 500 feet of a clinic.
The principle of self-defense and the defense of another has been recognized for centuries, Hirsh said. But he acknowledged its use in abortion-related cases has been stifled, saying that in Hill's case, the prosecutor and judge made sure jurors wouldn't hear it.
"We don't know if it would have prevailed or not and they were scared out of their mind, and you could see it, that it might have," Hirsh said. "And so it's not fair to say it never worked. Well, it hasn't been tried, either."
Richard Levy, a professor at the University of Kansas School of Law, said such defenses can work, but not necessarily in the context of abortion. The law requires that the threat be imminent, the force reasonable in response and the activity involved unlawful.
Any claim that killing an abortion provider is justifiable likely would fail, he said.
"In particular in the circumstances of the murder of Dr. Tiller there is an imminence problem, there is no imminent threat and, more fundamentally, the activities he was engaged in were legal," Levy said.
The question is whether a judge would allow jurors to consider that defense.
Wichita attorney E. Jay Greeno, who defended Rachelle "Shelley" Shannon for shooting Tiller in both arms in 1993, said the judge repeatedly shut her down when she tried to testify about abortions the doctor performed.
Procedurally, the judge in Roeder's case would likely hold a pretrial hearing on whether Roeder's attorneys could raise that defense at trial.
"There might be some hope that there would be jury nullification — the jury would vote to acquit — if there were right-to-life advocates within the jury who accepted the argument that an unborn child is a human being and that abortion is murder and therefore the murder of a physician who performs abortion is also justifiable," Levy said.
Dave Leach, an anti-abortion activist in Des Moines, Iowa, who in 1996 reprinted the Army of God manual that lists ways to damage abortion clinics, recently wrote a legal brief for Roeder's case on the "necessity defense." He argued that had the alleged shooter not acted, the killing of hundreds of babies every week would have continued. He sent it to Roeder's public defenders, but they have not responded.
Rudy acknowledged that Roeder's attorneys have received several suggested defense strategies, adding that they have given them the "appropriate due response."
9:22 | We're waiting for Scott Roeder's preliminary hearing to begin. Roeder and his defense attorney are not in the courtroom yet, but prosecutors and several law enforcement officers are in the courtroom preparing for the hearing. |
9:28 | I just talked with Kim Parker, one of the prosecutors and Chief Deputy District Attorney for Sedgwick County. Parker tells me the gameplan for the morning is to try and get through five witnesses. Three of those will be witnesses from the church where Dr. Tiller was shot. Prosecutors also plan to call a coroner from the Sedgwick County Regional Forensics Center, Dr. Jaime Oeberst, and the head of the Wichita Police Department's Homicide Unit, Lt. Ken Landwehr. |
9:31 | Parker says the three witnesses from Dr. Tiller's church have asked their faces not be recorded or broadcast, though we'll be able to hear their testimony through our live video feed. While these witnesses are on the stand, you'll probably see a picture of Roeder or the prosecutor questioning the witness. One of the witnesses from the church will be Gary Hoepner. He actually saw the shot that killed Dr. Tiller. Hoepner did an interview with Eyewitness News yesterday. |
9:32 | Court is beginning. |
9:34 | Gary Hoepner is the first witness to take the stand. Hoepner told me yesterday that in all honesty, he's extremely nervous about testifying today. Hoepner says the last two months have been extremely emotional for him. He couldn't sleep for awhile after seeing Dr. Tiller shot, and he kept reliving the shooting. |
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| 10:56 | [Standby] Court is into the morning recess. Court will be back in session at 11:10. |
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