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.
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."
Lindsay,
I heard bits and pieces from second hand sources about your interview on the news. Do you care to share what took place during that interview? If you’re willing to share with the world your views, and since I didn’t see it myself, would you mind telling me what you told them? Although, my guess is that I’ll never hear back from you because that would keep in character with being the grown up spoiled brat that you are. You exhibit the same character the hundreds of times you’ve hung up on me when talking on the phone, in the past.
But my true concern is with our son, Nicholas. I’m afraid he’s becoming or already became a spoiled brat, such as yourself. I thought that at least when we were still married we were (at least I) was teaching him the basic things in life LIKE SAYING THANK YOU. Nicholas in the best of my recollection, has never thanked me for taking him out to eat, to a movie, or giving him money. Whenever I drop him off at home, he just says goodbye and I’ll see you again. I gave him a fairly decent knife the other day and he did not thank me. When my friend Jared had him work on his computer, after Jared paid Nicholas, Nicholas didn’t thank him. These are typical signs of being a spoiled brat and it makes me cringe when I think he’s 22 years old now and getting set in his ways. You have had him most of his life and he is just following the teaching you have given him. Another example of you being a spoiled brat was after we…we were married, weeks later I found out you had not sent out any thank you notes for the gifts received at our wedding.
I dropped the ball on sending them out but only learning that you had not sent one thank you note to any of our guests.
On a much deeper note, the fact that you are housing Nicholas and not encouraging him to work is teaching Nick absolutely no work ethic. I’m sorry to say but it looks like you’ve done a very poor job of raising Nicholas after our divorce.
I would be glad to hear your response.
Scott.
P.S. Also, please read the enclosed material and let Nick read it, also.
If you’re an adult, you’ll respond. if you’re a spoiled brat, you won’t.
Ask Nick to respond, also.
While some of the letters Scott Roeder wrote from 1996 to 2002 begin unremarkably, with praise for his son’s good grades and musical performances, they go on to reveal his evolving beliefs.
They paint a portrait of a man whose religious, political and anti-abortion views were becoming more extreme — insisting, for example, that Jesus be called “Yahshua” and that Christmas shouldn’t be celebrated. The income tax is ungodly, Roeder instructs, and in a letter on his son’s 13th birthday, Roeder defends his failure to pay child support.
Roeder, of Kansas City, is scheduled today for a preliminary hearing on charges that he murdered abortion provider George Tiller, who was shot on May 31 while ushering in his church.
The handwritten letters were provided to The Kansas City Star by Roeder’s ex-wife, Lindsey. The couple divorced in 1996. Their son, Nicholas, is now 22.
“These letters show a person totally different than the person I married,” Lindsey Roeder told The Star. “When they would arrive in the mail, I would read bits and pieces to Nicholas. I would say, ‘You got a letter from Daddy. He loves you.’ ”
Nicholas approved of releasing the letters, she said, but did not want to talk about them.
“He was shocked when he recently read the full letters,” she said. “He still hasn’t read them all yet.”
The return addresses indicate Roeder moved around frequently between Topeka and the Kansas City area. Some letters were written when he was in custody in Shawnee County on explosives charges, and others were sent from the El Dorado Correctional Facility, where he served time for violating his probation.
Roeder was arrested in Topeka in April 1996 after Shawnee County sheriff’s deputies stopped him for not having a proper license plate. A search of the car found explosives and ammunition. Roeder was found guilty and sentenced in June 1996 to 24 months of probation with intensive supervision, but the conviction was later overturned after a court ruled that authorities had conducted an illegal search of his car.
Roeder wrote to his son on May 3, 1996, three weeks after his arrest.
“Well, I guess you heard I was stopped for having a different kind of license plate that the government doesn’t recognize,” he wrote to Nicholas, who was 9 years old at the time. “It was perfectly legal, but they don’t understand it. I’m in jail in Topeka right now, but that doesn’t mean I’ve done anything wrong.”
Roeder told his son that he believed it was “in God’s purpose for me to be here right now.”
“Romans 8:28 says ‘All things happen for the good to those that love the Lord, who are called according to His purpose,’ ” he wrote. “Sometimes we can’t see what God’s purpose is in our circumstances, or situations, but we just have to trust the Lord it is for the best.”
Roeder wrote Nicholas again from jail on May 22, 1996, telling him that “I think when you get older that you’ll understand why these things are happening to your Daddy.”
Roeder often began the letters to his son with praise and talk of how much he missed him.
In a June 3, 1996, letter from jail, Roeder congratulated him for getting almost all A’s in school and noted that he had started a new Bible lesson through the mail, adding, “I’m learning very much.”
On June 20, 1996, Roeder wrote Nicholas again from jail.
“I know this time has been confusing for you and you don’t understand why I had explosives in my car,” he said. “The one thing I want you to know is that I never meant to hurt anyone. … I absolutely, positively want you to know I could never hurt anyone.”
In an April 5, 1997, letter, Roeder said he hoped Nicholas was enjoying going to church.
“I know it seems like I talk about God a lot when I come visit you, but I want you to know the joy there is when we have Jesus for our Savior!” he said.
Most of the four-page letter was about how Jesus died for everyone’s sins and how people should repent and ask God to forgive them.
On Oct. 22, 1997, Roeder wrote his son from the El Dorado Correctional Facility. This time he talked about Halloween, calling it “a high holiday for the devil.”
“There are many things you could do on Halloween night, instead of trick or treating,” he said. “Actually, one of the best things you could do to please our Savior, would be to stay home and have a Bible study with Mom and PoPo (Nicholas’ grandfather).”
He also talked about “heathen nations,” which he described as “those who did not believe in YAHWEH (God the Father, this is His personal, sacred Name) and YAHSHUA (God the Son, whose Name has been erroneously translated Jesus).”
Roeder wrote his longest letter, 13 pages, to his son on Nov. 17, 1997, from the El Dorado Correctional Facility, describing “why I allowed the system to send me to prison.”
“About five years ago I saw an advertisement in the Kansas City newspaper inviting people to a meeting to learn how to not pay federal and state income taxes, legally,” he wrote. “Ever since that time, after going to that meeting, I’ve been learning about taxation, and the laws concerning it.”
Roeder said that in 1991, “Yahshua (Jesus) was working, in my life, to bring me to a point of knowing that I was a sinner and needed a Savior.” In August of that year, he said, he prayed for Yahshua to forgive his sins and come into his life. Since that time, he said, “His Holy Spirit has been guiding and leading me into certain things that I had not realized before.”
One of those things, he wrote, concerned the “deception” about income taxes. He told his son that the 16th Amendment to the Constitution, which allowed Congress to tax the incomes of Americans, was not properly ratified. He added that “income tax itself is part of an overall system of government called communism.”
“Slowly and surely, through lies and deception, our country has been turned from a government which upheld godly principles of truth and justice, to an ungodly system of socialism and communism, which denies the existence of Yahweh and His Son Yahshua, allows the murder of unborn babies in their mothers wombs, and is completely opposite of the type of government the Bible teaches.”
The government today, he said, “protects the evildoers (those who murder unborn babies, among other wicked acts) and punishes those who protest abortion by picketing in front of abortion clinics. The good are punished for trying to stop this murder from taking place, and the abortion doctors are protected by law to continue their evil.”
He said the government was being run according to unbiblical standards:
“And whenever a Christian, is shown by the Holy Spirit, what is true and rightous, that Christian must decide to stand for what is right, no matter what the cost!”
On Dec. 20, 1998, Roeder wrote Nicholas from Topeka.
“I wanted to let you know that I have the same beliefs about the observance of Christmas, that I had last year. … The bible has no commands that tell us to observe the birth of our Savior. The Passover is for observing His death, but nothing is said about observing His birth. Dec. 25th is tied to the worship of many false elohim (gods) and we’re told not to have any elohim before Him.”
On Jan. 25, 1999, Roeder wrote to his ex-wife from Topeka to let her know he had a job offer in Kansas City and would be moving there on Feb. 1.
“I’m remaining anonymous as to where I’m working, and what type of work it is because of my politically incorrect views,” he said. “If the state wants to find me because of my views on taxation, I don’t want to give them any help.”
On July 7, 1999, Roeder wrote Nicholas from an address in Merriam to ask whether he was still going to church.
“I hope you have accepted our Savior as your personal Lord and Savior,” he said.
Then he talked about child support payments.
“I hope you’re not mad at me for not making child support payments,” he wrote. “I’m not making payments not because I don’t love you, but because I have done a lot of study and realize that I shouldn’t be making payments until Mom is willing to accept me back after our divorce.”
Last month, Lindsey Roeder received another letter from her ex-husband. Written June 12 at the Sedgwick County Jail, the letter complained about the way she was raising Nicholas.
“I’m afraid he’s becoming or already become a spoiled brat, such as yourself,” Roeder wrote. “I thought that at least when we were still married we were (at least I) was teaching him the basic things in life like saying thank you.”
Lindsey Roeder described the letter as “mean and hateful and accusatory.”
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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