Friday, January 29, 2010

State vs. Scott Roeder - Finale

The case of State of Kansas vs. Scott Roeder reached a conclusion just before noon in Wichita, Kansas on January 29, 2010. The jury deliberated just 37 minutes before handing down a verdict of Guilty to the charge of First Degree Murder. The jury also convicted him of two counts of aggravated assault for threatening two ushers who attempted to stop him after the shooting. Sentencing is set for March 9. The maximum sentence for the charge is life in prison. The prosecution has announced that it will ask the court to impose a "Hard 50" sentence, which would mean Roeder will have to serve at least 50 years before being eligible for parole.

Testimony in this case began on Friday, January 22, when the prosecution introduced a parade of witnesses including the others present when Mr. Roeder walked into Dr. Tiller's church, put a .22 caliber revolver to Dr. Tiller's forehead, and pulled the trigger. Forensic evidence was introduced, including DNA evidence linking Scott Roeder to the killing (blood found on his pants was identified as belonging to Dr. Tiller), and Scott Roeder's own brother testified for the prosecution that Roeder purchased a handgun at a pawn shop in Lawrence, Kansas and then practiced shooting it at the brother's house in a rural area outside of Topeka, Kansas. The prosecution also introduced several witnesses that testified that Scott Roeder was at the church on several occasions prior to shooting Dr. Tiller.

The defense attempted to call Asst. Attorney General Barry Disney, and former Attorney General Phill Kline to testify about attempts to prosecute Dr. Tiller for illegal abortions, but Judge Warren Wilbert ruled that their testimony would not be allowed because it was irrelevant. (Dr. Tiller was acquitted of all criminal charges in 2009). Scott Roeder then was the only witness for the defense, and while testifying, admitted the elements of premeditation, and claimed it was done to save unborn babies. Mr. Roeder also gave additional details of the crime, including what he had done with the gun used to commit it. Judge Wilbert ruled that although Roeder would be allowed to testify as to why he committed the crime, he did not allow him to testify about abortion itself. At the conclusion of the defense, Judge Wilbert also ruled that he would not give an instruction on Voluntary Manslaughter, stating "There is no imminence of danger on a Sunday morning in the back of a church, let alone any unlawful conduct, given that what Tiller did at his clinic Monday through Friday is lawful in Kansas."

4 comments:

  1. This decision by the jury couldn't happen to a more deserving, murdering fanatic.

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  2. Good job keeping the trial short and sweet. Hopefully the trial for the Christmas day bomber will be as short. With 123 witnesses, burned pants and genitals I am sure the judge had a hard time keeping a straight face when he plead not guilty. It would have been funny to see the prosecutor go "liar, liar, pants on fire."

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  3. Tuck,

    It's virtually certain the Christmas Day bomber will plead out, he's cooperating, and apparently interested in simply getting his story heard. If Roder had any balls, he'd have said, "I'm guilty, I did it, and I'm satisfied that what I did was right, but under the law, I'm guilty" and saved the state the cost of a trial.

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  4. I give credit to the Judge, court staff. lawyers and anyone else employed in the courthouse that handled this case for not laughing in this guy's face when he plead "Not Guilty". I would have been hard pressed not to myself. Personal opinions on what occured in Dr. Tiller's practice aside, it is after all in our secular government legal, it is not now or ever will be justification for a man to waltz into a church brandishing a firearm, killing one man and placing the welfare of many others in Jeopardy by his actions. I myself had witnessed the media whirlwind first hand when in the late 1990s Dr. Benard Slepian (sp?) was murdered for the same "crime" as Dr. Tiller. I am glad to say that the murderer, whose name I happily don't recall, met a similar fate as Mr. Roeder.

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