Tiller Murder Trial Delayed As Prosecutors Challenge Voluntary Manslaughter Defense

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 13 Jan 2010 - 3:00 PDT

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Prosecutors have challenged a Kansas District Court judge's decision to allow Scott Roeder, the man accused of fatally shooting abortion provider George Tiller, to present a case for a voluntary manslaughter conviction, delaying the trial and jury selection until Wednesday, the Kansas City Star reports. Sedgwick County District Judge Warren Wilbert set a hearing regarding the prosecution's motion for 1:30 p.m. Tuesday (Thomas, Kansas City Star, 1/12).

Roeder has admitted in legal documents to shooting Tiller, but he argues that he believed he was saving unborn children by committing the crime. Wilbert on Friday decided to allow the defense, which could lower the conviction level from first-degree murder to voluntary manslaughter (Davey, New York Times, 1/12).

In its motion, the prosecution said, "Taken to its logical extreme, this line of thinking would allow anyone to commit premeditated murder but only be guilty of manslaughter, simply because the victim holds a different set of moral and political beliefs than the attacker" (Kansas City Star, 1/12). It continued, "The state encourages this court to not be the first to enable a defendant to justify premeditated murder because of an emotionally charged political belief," adding, "Such a ruling has far reaching consequences and would be contrary to Kansas law" (Hegeman, AP/Chicago Tribune, 1/11).

Abortion-rights supporters have criticized the judge's decision, saying that consideration of a lesser charge for Roeder would encourage more violence against abortion providers (New York Times, 1/12). Warren Hern, a former colleague of Tiller, said, "This judge has basically announced a death sentence for all of us who help women" (Hegeman, AP/Houston Chronicle, 1/12). Meanwhile, supporters of Roeder considered Wilbert's decision a victory (New York Times, 1/12).

Defense Seeks Tiller's Records

Lawyers for Roeder have subpoenaed Tiller's calendars, procedure schedule and other documents for May and June 2009. A lawyer for Tiller's widow filed a motion on Monday to block the subpoena. Lee Thompson, the lawyer for the widow, argued that the records contain confidential medical information that would take weeks to redact. He also said none of the records shows scheduled procedures for Sunday, May 31, when Tiller was killed (AP/Pittsburgh Morning Sun, 1/11).

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