Accused Tiller Shooter Seeks To Use 'Necessity Defense'

Main Category: Abortion
Also Included In: Public Health;  Litigation / Medical Malpractice
Article Date: 26 Nov 2009 - 5:00 PDT

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An attorney for the man charged with the murder of Kansas abortion provider George Tiller says in court records that his client has the right to argue in court that the slaying was justified to prevent future abortions, the AP/MSNBC reports.

A defense motion released on Monday states, "For the court to grant the state's motion to prohibit 'any evidence' in support of the necessity defense would be premature, and contrary to Kansas law." The court is set to hold a hearing on the issue Dec. 22.

Defendant Scott Roeder has pleaded not guilty to one charge of first-degree murder and two counts of aggravated assault in the fatal shooting of Tiller in the foyer of his Wichita church on May 31. He told the Associated Press on Nov. 9 that he killed Tiller but that it was justified and that he planned to use a necessity defense. Roeder's trial is set to begin Jan. 11.

The defense's filing contrasts with previous statements by Roeder's lead attorney, Steve Osburn, who has said that a necessity defense is not permitted under Kansas law and that the defense team does not plan to use it. He declined to clarify the discrepancy but suggested he may have previously been using the media to confuse prosecutors.

Prosecutors argue in court papers that letting people justify illegal activity based on their personal beliefs would "not only lead to chaos but would be tantamount to sanctioning anarchy" (Hegeman, AP/MSNBC, 11/23).

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