WTF? Dr. Tiller's Murderer Could Be Out in Five Years

[Are_grits_groceries]

by Angry Mouse
In a pretrial hearing Friday, Kansas Judge Warren Wilbert said he might allow the defense to present evidence that Mr. Roeder acted in defense of others -- in this case, fetuses -- whom he believed to be under imminent threat.
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Judge Wilbert also said he was open to the defense presenting evidence that Mr. Roeder might be guilty not of first-degree murder, which carries a mandatory sentence of life in prison, but of the far lesser charge of voluntary manslaughter, which carries a sentence of about five years.
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Scott Roeder gunned down Dr. Tiller in cold blood. In church. He's admitted to it. And he isn't the least bit remorseful:
"No, I don't have any regrets because I have been told so far at least four women have changed their minds, that I know of, and have chosen to have the baby," Roeder said. "So even if one changed her mind it would be worth it. No, I don't have any regrets."
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But now the judge has decided Roeder should have a chance to prove he was merely defending "preborn children" because he was "compelled" to do so. And what is his evidence:
The defense has subpoenaed former Kansas Attorney General Phill Kline, who plans to testify that he reviewed patient medical records and found evidence Dr. Tiller was illegally aborting "viable, unborn children," a spokesman for Mr. Kline said.
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Just one problem with that.
Dr. Tiller was acquitted of related charges in a jury trial two months before his death.

http://www.dailykos.com/storyonly/2010/1/9/823228/-Dr.-Tillers-Murderer-Could-Be-Out-in-Five-Years?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dailykos%2Findex+%28Daily+Kos%29&utm_content=Google+Reader

WTF?

[clear eye]

1. But people who have exonerating DNA evidence struggle

to get their day in court. This country's got some set of judges.

[Bitwit1234]

4. These are the type of judges bush and the republicans

pushed to get appointed when the republicans, who had the majority in congress at the time, denied President Clinton appointments of almost 200 judges. They kept blocking and stalling these appointments. So when bush stole office he had all those positions to push in these type of butthole judges. Now they are doing the same thing to Obama's appointments. There are holding them up and denying his Judaical appointments. I suppose they are hoping that they get a piece of crud republican in office next and they could continue to pack the courts.

[TexasProgresive]

7. I agree with what you wrote except B*sh would have nothing

to do with a state judge.Unless the B*sh admin influenced the appointment or election of said judge.

[clear eye]

19. I was thinking about that, too, but this is a state, not a federal judge. n/t

[REP]

2. Words fail me to express my loathing and dismay

Roeder and his little circle jerk buddies are nothing more and nothing less than terrorists.

[davidpdx]

3. I agree, but remember it's just a plausable defense

Not necessarly what is going to happen. All of his statements would probably also be admissable as well, including those where he says he has no regret. If it does happen, I agree that it will be a shame. In the end, that would be up to a jury.

[hlthe2b]

5. If he is successful in this "defense" it will be open season on

abortion providers and clinic workers.... BUT, these despicable cretins better realize that there could be backlash against the violent anti-abortion factions and their perpetrators could benefit from the same defense.

Damn, I have to hope this judge has better sense, but I'm betting he may be just a little fearful of his own life from these violent kooks.

[Behind the Aegis]

6. Or...

"That means jurors could have the option of finding Roeder guilty of voluntary manslaughter. That carries a much lighter sentence than first-degree murder, which calls for a life sentence with the possibility of parole in 25 years. Voluntary manslaughter can carry a term of less than five years, although it could range up to about 20 years." source

Personally, this sounds like first-degree murder.

[jaxx]

8. Seems like hunting the doctor down in church takes away the manslaughter thing.

Looks like premeditated murder.

[ck4829]

9. Roeder said he would kill the other late term abortion doctors if he got out

There are also the implications of chaos and anarchy that Roeder wants to cause through the "necessity defense".

It's time for federal charges against this terrorist.

[proud2BlibKansan]

10. No. Very unlikely

The feds are going to hit him with federal charges after this trial. Those charges can result in the death penalty.

The judge for this current case is making sure Roeder can't get off on appeal.

Also don't forget jury in Wichita acquitted Dr Tiller just a few weeks before his murder. Have faith in the system.

[Catshrink]

12. Do you know what federal charges?

I'm not as up on this as I should be.

[proud2BlibKansan]

13. Friday a women's rights group issued a press release calling for

charges under the Freedom of Access to Clinic Entrances Act.

They can also file Civil Rights charges, as the feds did in the south to several murderers during the Civil Rights struggle in the 60s.

It's also important to note that the judge denied the necessity defense but is allowing Roeder's attorneys to present this other evidence - BUT he will still have to decide what charges the jury can consider.

There's a bit more info in this story: http://www.kctv5.com/news/22194204/detail.html

[Catshrink]

14. Thanks...

I was hoping for domestic terrorism charges.


good article -- 1°???? It's 43° here and I'm freezing!

[proud2BlibKansan]

16. We have yet to go back to school - our xmas vacation has been 3 weeks long

Worst winter in decades.

[struggle4progress]

18. Catshrink responded to this post but in the wrong place: see #17 below

[struggle4progress]

11. Judege disallows 'necessity defense' in Tiller Case: Judge Warren Wilbert also says the murder trial

will stay in Wichita
THE WICHITA EAGLE, KAN. | RON SYLVESTER | Wed, Dec 23, 3:08 AM

... Judge Warren Wilbert ruled Roeder could not use the so-called "necessity defense" in the killing of Wichita abortion provider George Tiller last May.

But the judge said he would "leave the door open" for Roeder's defense to present evidence and arguments that he killed in the belief that he was saving the lives of the unborn ...

Wilbert said he may limit what the defense can say in opening statements. Wilbert also said it would be difficult to allow testimony indicating Roeder was acting in defense of others because the law requires an "imminent threat."

Tiller was shot and killed May 31 inside the lobby of his church, where he was serving as an usher ...

http://dailyme.com/story/2009122300000374/judge-disallows-necessity-defense-tiller-case-.html

[Catshrink]

17. I was going to say "cool"

but I guess that's the point. Will you go an extra week into the summer to make up the time?

[tavalon]

15. Some terrorism is less scary than others?

Oh, wait, he's a white guy. Can't be terrorism.