Sedgwick County, Kan., District Judge Warren Wilbert on Tuesday dismissed prosecutors' objections to a possible voluntary manslaughter defense in the trial of Scott Roeder, the man charged with fatally shooting abortion provider George Tiller, the AP/Houston Chronicle reports (Hegeman, AP/Houston Chronicle, 1/13).
Wilbert on Tuesday said that after the defense rests its case, he will decide if the evidence will suffice to instruct jurors that they can consider the option of voluntary manslaughter (Thomas, Kansas City Star, 1/12). He said, "I am going to make every effort to try this case as a criminal, first-degree murder trial," adding, "Admittedly, Roeder's beliefs may come into play, and as a defendant he is entitled to present a defense" (AP/Houston Chronicle, 1/13).
Roeder has admitted in legal documents to shooting Tiller, but his lawyers argue that he believed he was saving unborn children by committing the crime. Wilbert last week decided to allow the defense, which could lower the conviction level from first-degree murder to voluntary manslaughter. Prosecutors on Monday challenged the decision (Women's Health Policy Report, 1/12).
On Tuesday, the judge explained that he will rule on a witness-by-witness and question-by-question basis on whether to allow jurors to hear specific evidence on Roeder's beliefs about abortion. He said, "This is not going to be a debate about abortion." He added that Roeder has "a formidable and daunting task" of presenting evidence about his abortion beliefs that would be pertinent for jury members to hear (AP/Houston Chronicle, 1/13).
Abortion-rights groups protested Wilbert's decision for potentially opening the door to a voluntary manslaughter conviction. Katherine Spillar, executive vice president of the Feminist Majority Foundation, said, "Let there be no mistake: the rulings by ... Wilbert are being seen by extremists as a green light for those who would murder abortion providers." The Kansas National Organization for Women released a statement saying that the decision "sends the message that religious fanaticism can be considered a defense for murder" (Kansas City Star, 1/12).
Kansas Supreme Court Delays Trial
Late Tuesday, the Kansas Supreme Court ruled that the media and public were not given enough time to respond to a separate decision by Wilbert to close jury selection and the trial to outside parties, the AP/Atlanta Journal-Constitution reports (Hegeman, AP/Atlanta Journal-Constitution, 1/13). Wilbert said that exposing the jury selection to media and the public would create a "chilling effect" on juror candor and that publicizing the proceedings would jeopardize Roeder's "ability to receive a fair trial."
The Supreme Court ruling will delay jury selection, which was scheduled to start Wednesday (AP/Miami Herald, 1/13).
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