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Showing posts with label Kansas. Show all posts
Showing posts with label Kansas. Show all posts

10/30/09

Defense seeks order on anti-abortion juror strikes

Defense seeks order on anti-abortion juror strikes

By ROXANA HEGEMAN
Associated Press Writer

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

9/23/09

Start date for Roeder trial moved again

Start date for Roeder trial moved again
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BY STAN FINGER

The Wichita Eagle

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.


Reach Stan Finger at 316-268-6437 or sfinger@wichitaeagle.com.

9/18/09

Roeder trial postponed until January

Roeder trial postponed until January


The Wichita Eagle







BY RON SYLVESTER
The Wichita Eagle

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

9/2/09

Scott Roeder: From the Prosperity Gospel to the Justifiable Homicide Defense

Scott Roeder: From the Prosperity Gospel to the Justifiable Homicide Defense

Scott Roeder: From the Prosperity Gospel to the Justifiable Homicide Defense

8/30/09

FBI traces members of abortion murder suspect’s study group

FBI traces members of abortion murder suspect’s study group

kansascity.com




Wednesday, Sep 23, 2009

By JUDY L. THOMAS
The Kansas City Star

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.”

To reach Judy L. Thomas, call 816-234-4334 or send e-mail to jthomas@kcstar.com.

© 2009 Kansas City Star and wire service sources. All Rights Reserved. http://www.kansascity.com

8/29/09

Justifiable homicide defense eyed in Roeder's case

Justifiable homicide defense eyed in Roeder's case





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."

Suspect in Abortion Doctor Murder Eyes Justifiable Homicide Defense

Suspect in Abortion Doctor Murder Eyes Justifiable Homicide Defense

FOXNews.com

Saturday , August 29, 2009

AP

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."

Click here for photos.

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."

7/28/09

YouTube - Roeder Pleads Not Guilty in Abortion Doc Killing

Scott Roeder Preliminary Hearing partial text

Scott Roeder Preliminary Hearing


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.
9:37
Parker is showing pictures of Reformation Lutheran Church from the front and aerial views.

Hoepner was an usher with Dr. Tiller when he was shot and says he attends almost every Sunday. He says he'd known Dr. Tiller for several years.
9:41
I've been asked a few times if the abortion issue would come up today. It's very unlikely.

Prosecutors tell me today's testimony will focus on the basics of the crime and won't go off on tangents into abortion.

I get the impression prosecutors don't want the abortion issue to ever be a part of the case, here at the prelim or otherwise.
9:44
Parker is questioning Hoepner. She points out the spot in aerial photographs where Hoepner parked his truck the day Dr. Tiller was shot.

This is important because Hoepner was one of the men who chased Roeder from the church and tried to follow him. Hoepner says he was also the one who got a license plate number for Roeder's car and called 911.
9:46

Parker is showing Hoepner pictures from inside the church.

Hoepner says when the shooting happened, the doors to the church had only just been shut and processional at the beginning of the church service was just starting.

9:49
Hoepner says he and Dr. Tiller were standing next to a welcome table in the foyer of the church. The table had some donuts on it, and the two were making small talk.
9:50
Hoepner says a door to the church opened and he recognized Roeder as a man who'd been at the church the Sunday before.

Hoepner says Roeder had stepped out of the sanctuary to use the restroom the Sunday before, so he didn't think anything of this.
9:51
Hoepner says Roeder walked up to Dr. Tiller, put a gun to his head, and shot Tiller.

Hoepner says he heard a pop.

"I almost thought it might be a cap gun, but then George fell," says Hoepner, "and I thought, 'Oh my God!'"
9:52

"It just happened so fast, I don't know if I actually saw him squeeze the trigger," says Hoepner. "I saw him put the gun up to (Tiller's) head, though."

9:54
Parker asks about details of the shooting and the shooter.

Hoepner again says he recognized the man from attending the previous Sunday's service. When Parker asks if Hoepner sees the man who shot Dr. Tiller in the courtroom today, Hoepner indicates Roeder.
9:57
Hoepner says he actually had his head down when Roeder came out of the sanctuary.

Again, Hoepner says he didn't think anything of this because the previous Sunday, Roeder had done the same thing to use the restroom.

"I looked up just in time to see him raise the gun to George's head," says Hoepner.
10:00
Hoepner says at one point on a previous Sunday, Roeder had left a note in the church's offering plate. Dr. Tiller didn't attend church that day.
10:04

Hoepner says Roeder immediately left the church, and he followed Roeder out.

Hoepner says Roeder turned around and yelled, "I've got a gun, and I'll shoot you."

Hoepner says he immediately stopped, but Roeder continued on. Hoepner says he then kept following Roeder at a distance and tried to get to his truck because that's where he'd left his cell phone.

10:06
Hoepner says Roeder never actually turned to point his gun at him.

He says Roeder was running and yelled over his shoulder, "I've got a gun, and I'll shoot you."
10:09
Hoepner told me yesterday he's second-guessed himself over and over again since Dr. Tiller's murder.

Hoepner told me he and Tiller were standing on opposite sides of the welcome table that had donuts on it. He says after the shooting, he kept thinking if he'd just done something like shoving the table to knock Tiller over, maybe that would have given them some time or distracted Roeder.

Hoepner says he knows now there was nothing he could do to save Tiller.
10:20
Hoepner says Roeder twice said, "I've got a gun, and I'll shoot you."

Hoepner says Roeder yelled that once at himself and another time at a second churchgoer.
10:24
Hoepner says when he got to his truck and his cell phone, he called 911.

He saw the other churchgoer who'd chased Roeder throw a cup of coffe at the car Roeder was in.

Hoepner says as Roeder's car drove away, he yelled, "Somebody get the tag number! Somebody get the tag number!"

Hoepner says someone yelled back what was on Roeder's license plate, and he relayed that to the 911 dispatcher.
10:34
Direct examination of Gary Hoepner is finished.

Roeder's defense attorney, Steve Osburn, is starting cross examination.
10:46

Osburn is going over the previous times Hoepner had seen Roeder at the church.

They go over the previous Sunday when Roeder left the sanctuary to use the restroom. He also talks about Sundays when Roeder had left notes in the offering plate. Hoepner doesn't know specifically what was in the notes.

Hoepner says he recognized Roeder mostly because he wasn't a regular member of Sunday services. After so many years attending Reformation Lutheran Church, he says he noticed new faces.

10:51
Osburn asks Hoepner if he agrees that much of this morning's testimony has been assumptions.

As an example, Osburn uses the coffee another churchgoer through at Roeder's car. Hoepner says he doesn't know for sure what was in the churchgoer's cup was coffee, but that's what that man always drank on Sundays.
10:55
Hoepner is off the witness stand.

We're into the morning recess. Court will be back in session at 11:10.
10:56[Standby] Court is into the morning recess. Court will be back in session at 11:10.
11:13

Court is back in session.

This morning's second witness is Thornton Anderson. He's another member of Reformation Lutheran Church.

11:16
Anderson says he was about five minutes late to church on May 31, the Sunday Dr. Tiller was killed.

Anderson is describing where he parked before walking to the church.
11:19

Anderson says as he walked toward the church, he saw three people running from the church.

From a distance, he recognized one of the men as Gary Hoepner.

"They were yelling, 'Get his license plate number!'" says Anderson.

11:25
Anderson says one of the men got into his car and drove toward him to get away from the church. He says the car came within 8-10 feet of him before turning onto a main road near the church.

Anderson says the car was going so fast, he didn't get a good look at the driver. He did see the Kansas license plate 225 BAB and yelled it back to his fellow churchgoers.
11:30
Anderson says after he gave Hoepner the license plate, he was told Dr. Tiller had been shot by the fleeing suspect. Anderson says Hoepner told him he'd seen Roeder in the church three or four times.

Anderson says he believes he'd seen Roeder in the church two or three times.
11:30
Expand
11:31
Above is a picture of Scott Roeder, left, talking with one of his attorneys this morning.
11:40

Prosecutor Ann Swegle is taking Anderson through the specifics of seeing the car that drove by him and the license plate.

She also asks him about previous Sundays when Anderson thinks he saw Roeder in church.

11:43
Expand
11:43
Above is another picture of Roeder in the courtroom.

These photos are courtesy of photographer Jamie Oppenheimer of the Wichita Eagle. Oppenheimer is the pool photographer for still images today.
11:44
Anderson is now being cross examined by defense attorney Steve Osburn.

I'll have to step downstairs to give our noon report soon.

Updates the rest of the morning until the lunch break will be sporadic.
11:53

Anderson's cross examination is finished.

Court is in recess for the lunch break. Court will likely be back in session at 1:30.

12:05[Standby] Court is into the lunch break.
1:35

Court is back in session.

Keith Martin is the first witness of the afternoon. He was at Reformation Lutheran Church the morning Dr. Tiller was shot.

1:55
Keith Martin was serving as an usher the day Dr. Tiller was shot.

He says he saw and talked to Tiller several times that morning.
2:06
Martin says he was in the church foyer when Dr. Tiller was shot.

He was looking out a window when he heard a loud pop he thought might be a firecracker.

When he turned around, he saw Tiller on the ground.
2:10
Martin says he saw Roeder run out the door of the foyer, so Martin ran through the fellowship hall to cut him off. Running to the door through the fellowship hall was a shorter route to get to the parking lot.
2:18
Martin says people often interrupted church services at Reformation Lutheran Church because Tiller was a member.

Martin says they'd see someone who wasn't a regular member and was acting strange. The interruptions happened often enough ushers and other members of the church often had a feel whether someone was simply visiting the church or might make a disturbance.
2:21
Martin says he remembers seeing Roeder months before Tiller was killed.

Martin says he noticed Roeder since he wasn't a regular member and remembered Roeder because he smelled horribly. Martin says it was a very pungent ammonia smell.
2:23
After Roeder ran out of the church, Martin says he continued chasing him yelling, "How could you do that?"

Martin says Roeder continued running, but yelled back over his shoulder either, "Murderer!" or, "Killer!"...Martin can't remember which.
2:25
Martin says as he chased Roeder, he came within about 15 feet of Roeder's car. Martin was standing in front of Roeder's car trying to make sure Roeder couldn't leave.

When Roeder reached his door, Martin says the two men simply stopped and looked at each other.

Martin says Roeder pulled out his gun again and said, "Move."

"I thought he could and would shoot me," Martin says, "so I got out of the way so he could drive off."
2:30
Martin says after he got out of the way of Roeder's car and the car drove by him, Martin threw the cup of coffee he was still holding at Roeder's driver side window.

"Why did you do that?" asks Sedgwick County District Attorney Nola Foulston.

"I don't know," says Martin. "Just a gesture."
2:39

Martin is being cross examined.

2:45
Martin is going back over the disruptions that have occurred at Reformation Lutheran Church.

He says the worst he remembers is 12 years ago when a group of people came into the service and tried to take the whole service over. Martin says the group tried to take over the organ playing and shove the pastor away from the pulpit.

Martin describes several other incidents, including a small group of teenagers coming into the sanctuary and trying to take communion away from the church's deacons.
2:57
Defense attorneys question whether Martin ever heard Roeder actually threaten to shoot him.

Martin says Roeder first told him to move, but he didn't. Martin says Roeder then pulled out his gun and said, "I'll shoot you."

"That's when I got out of the way," says Martin.
3:02
Martin is off the stand.

The rest of the witnesses today are likely to be law enforcement or other investigators.
3:05
Court is in recess for an afternoon break.

Court will be back in session at 3:20.
3:09[Standby] Court will be back in session at 3:20.
3:22

Dr. Jaime Oeberst of the Sedgwick County Regional Forensics Science Center is the next witness on the stand.

Dr. Oeberst is the doctor who performed the autopsy on Dr. Tiller's body.

3:24
Prosecutors tell me Dr. Oeberst is the next-to-last witness.

Lt. Ken Landwehr, the head of Wichita PD's Homicide Unit, will be the last witness of Scott Roeder's preliminary hearing.

Prosecutors still believe they'll be able to wrap up this hearing today.
3:28
Dr. Oeberst says Dr. Tiller didn't have an exit wound in his head, and she was able to retrieve the bullet that killed him.

Dr. Oeberst says there was a black bruise at the entrance wound, which she says is typical.
3:30
Dr. Oeberst is asked if she made a determination on the cause of death for Dr. Tiller.

She says, "Gunshot wound to the head."

Defense attorneys say they have no questions for Dr. Oeberst, and she's off the stand after only 7-8 minutes of testimony.
3:30
Wichita Police Lt. Ken Landwehr is the next witness on the stand.
3:32
Lt. Landwehr says he was not on duty the Sunday Tiller was killed.

Landwehr received a phone call that a homicide occurred that morning. Landwehr says he called the other lieutenant who was on call that weekend and two or three of his other homicide detectives before heading to Reformation Lutheran Church.
3:34
Lt. Landwehr and prosecutor Kim Parker are going through pictures of the church.
3:40
Lt. Landwehr is describing pictures of Dr. Tiller's body before it was removed from the church. The pictures are on a TV screen in the courtroom.

The TV is pointed away from cameras and will not be shown in our live video feed or in any of our on-air reports.

Lt. Landwehr says Dr. Tiller was laying on his left side, fully-clothed, with a single bullet wound to the head.
3:46
Lt. Landwehr says the license plate description was run through Teletype to check and see if police could ID the shooter.

The tag came back to a Scott Roeder from Marion, Kansas.
3:49
Once Lt. Landwehr says police identified Scott Roeder as a suspect, they put out an alert to all nearby law enforcement on what car and what individual to be on the lookout for.

A couple of hours after Dr. Tiller was shot, Lt. Landwehr says a detective with the Johnson County Sheriff's Office contacted WPD. Landwehr says the detective said he was following the car put out in the WPD description and asked what Landwehr wanted him to do.

"I instructed him to pull over the vehicle and take the individual into custody," says Lt. Landwehr.
3:49
Lt. Landwehr is off the stand after defense attorneys decide not to cross examine him.

The state rests.
3:50
In closing statements, Sedgwick County District Attorney argues Scott Roeder be bound over for trial on one count of first degree murder and two counts of aggravated assault.

Foulston tells the judge the state has met its burden.

Defense attorneys do not have a closing statement.
3:51
Judge Warren Wilbert agrees there's enough evidence to send Scott Roeder to trial on all charges.
3:52

Judge Wilbert moves on to arraignment.

Steven Osburn enters a not guilty plea on Scott Roeder's behalf.

Judge Wilbert sets a jury trial date for September 21st, though murder trials are often continued to later dates.

3:53
Court is in recess.

Roeder's bond will remain at $20 million.