As Trial Begins For Tiller Murder, Abortion-rights Opponents Weigh Response To Defendant Roeder

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 12 Jan 2010 - 4:00 PDT

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While most national antiabortion-rights groups have publicly denounced the actions of Scott Roeder -- the man charged with killing abortion provider George Tiller in May 2009 -- a few in the movement are rallying behind Roeder's claim that his actions were justified to prevent future abortions, the New York Times reports. Roeder pled not guilty to a first-degree murder charge but admitted to the shooting in press interviews and a court filing submitted last week to Sedgwick County, Kan., District Court Judge Warren Wilbert. His trial begins Monday.

Troy Newman, who leads the antiabortion-rights group Operation Rescue, said that he does not plan to attend the trial and that Roeder's actions are "antithetical to the Christian cause and to the stated foundation principles of pro-life." However, some other abortion-rights opponents are supportive of Roeder and hope to use his trial to rekindle a push for "defensive action statements" -- declarations supporting people who commit violence against abortion providers based on the notion that the violence is justified to prevent future abortions. Several such supporters plan to travel to Wichita for the trial.

Wilbert has said that he will not allow the case to become a referendum on abortion rights. He also refused to allow Roeder's lawyers to present a " necessity defense," in which they would argue for an acquittal on the grounds that his actions were intended to thwart a greater harm. However, Wilbert said last week that he may allow jurors to consider a defense theory in which Roeder could be convicted of voluntary manslaughter if jurors determine that Roeder had "an unreasonable but honest belief that circumstances existed that justified deadly force" (Davey, New York Times, 1/11). The decision to potentially allow consideration of voluntary manslaughter could make the abortion debate more prominent in the trial, according to the Kansas City Star.

Wilbert said he will evaluate on a "witness-by-witness basis" whether evidence presented by Roeder's attorneys is relevant in establishing whether the defendant had an "honest belief" that the use of deadly force was necessary. Voluntary manslaughter convictions can carry sentences ranging from fewer than five years to more than 20 years in prison (Thomas, Kansas City Star, 1/9). The judge also warned defense attorneys of the "substantial uphill battle" they face if they try to assert that Roeder sincerely believed that murder was needed to defend others (Hegeman, AP/New York Times, 1/8).

Kathy Spillar, executive vice president of the Feminist Majority Foundation, called the potential voluntary manslaughter defense "unjustified and unconscionable," adding, "This will embolden antiabortion extremists, this back-door argument that Dr. Tiller's murder was somehow justified. It was cold-blooded, first-degree murder" (Kansas City Star, 1/9). The foundation is urging the federal Department of Justice to pursue federal charges against Roeder under the Freedom of Access to Clinic Entrances Act (AP/New York Times, 1/8). Prosecutors said at a previous hearing that they oppose any defense strategy that involves a voluntary manslaughter conviction.

Jury selection in the trial will begin Monday (Kansas City Star, 1/9). Prospective jurors likely will be asked about their view on abortion, according to the Times. On Friday, the court announced that jury selection would be closed to the public. Audio recordings of the proceedings also will be kept from the news media because of the "chilling" effect that their release could have on the jury's candor, a court statement said (New York Times, 1/11).

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