WICHITA, Kan. — A judge in Kansas said state law doesn’t allow a so-called “necessity defense” in the trial of a man charged with killing one of the nation’s few late-term abortion providers.
The ruling today was another blow to lawyers for 51-year-old Scott Roeder, who has confessed to shooting Dr. George Tiller on May 31 and says it was necessary to save unborn children.
Judge Warren Wilbert cited state Supreme Court opinions in deciding that a necessity defense in Roeder’s case is “not viable” under Kansas law. But he left open the door to consider whether he will allow evidence on the use of force for the defense of another person.
Earlier, Wilbert denied defense motions to move the trial from Wichita and to ban prosecutors from using peremptory jury strikes based on religious or anti-abortion beliefs.
The “necessity defense” has rarely been used successfully in abortion cases. Roeder’s attorneys — while arguing that their client has a right to present his theory of defense — have so far kept their own strategy secret.
Prosecutors have overwhelming evidence against Roeder, chiefly the witnesses who identified him during a July preliminary hearing as the shooter. Legal experts have said prosecutors likely will want to keep the trial limited to a straightforward murder case and avoid a discussion of abortion.
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