Abortion foe takes stand, admits to killing doctor

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WICHITA, Kan.Scott Roeder, the anti-abortion activist who is accused of murdering Dr. George Tiller, waived his constitutional right against self-incrimination and began to testify in his own defense Thursday morning.

In a matter-of-fact tone, Roeder said he did not dispute any of the evidence presented by prosecutors that he killed Tiller on May 31.

“Did you shoot and kill George Tiller?” asked public defender Scott Osburn.

“Yes,” replied Roeder.

There were heavy sighs from the benches where Tiller’s wife and adult children sat. They have been a constant presence in the Wichita courtroom.

Though Roeder has been charged with premeditated murder, his attorneys are trying to present a case for voluntary manslaughter. Sedgwick County Judge Warren Wilbert has said he will not decide whether the jury may consider the lesser
crime until the defense has finished presenting its case, which will
likely occur Thursday.

In his opening statement, Osburn told the jury that
Roeder became a “born-again” Christian in 1992 while watching the
Christian program “The 700 Club” alone in his living room.

After that, Osburn said, Roeder became active in the anti-abortion movement and eventually focused on Tiller’s Wichita clinic, which had been the focus of sometimes-violent protests since the late 1980s.

Roeder, said Osburn, became disillusioned with the
court system after felony charges against Tiller were dismissed 24
hours after they were filed in 2006. He became even more upset after
Tiller was acquitted in March on 19 misdemeanor counts that he had
performed late-term abortions on viable fetuses without obtaining
independent second opinions, as required by Kansas law.

Kansas defines viability as the 22nd week after conception.

“Scott was astonished, upset and distraught when the
jury acquitted Dr. Tiller,” said Osburn. “He believed the law had
failed him. Scott was going to have to take action.”

Tiller and his clinic had suffered a series of
assaults dating back to 1986, when his clinic was bombed. In 1993, he
was shot in both arms and was back at work the next day. He wore a
bullet-proof vest, drove an armored car and lived behind high walls,
said Osburn. “Scott didn’t know how he was going to stop Dr. Tiller,”
he said.

Then, said Osburn, Roeder learned that Tiller
worshiped at Reformation Lutheran Church, and decided it would be there
where “he would have the opportunity to personally confront Dr. Tiller.”

That confrontation occurred May 31, a
Sunday, when Roeder followed Tiller out of the sanctuary and shot him
point-blank in the forehead in the vestibule of the church.

“He had to strike when he did,” said Osburn. “These were honest beliefs and he had no choice.”

When Roeder began to testify, he was repeatedly interrupted by the prosecutor, Sedgwick County District Attorney Nola Foulston,
who objected repeatedly to statements Roeder made — such as when he
described different types of abortions, including one where “forceps
tear the baby limb from limb.”

Foulston nearly leaped out of her chair to object
and Wilbert admonished Roeder that he does not possess the medical
knowledge to testify about what happens during an abortion. Wilbert
instructed the jury to disregard the statement.

Earlier in the day, the judge refused to let the jury hear testimony from former Kansas Attorney General Phill Kline, who filed the felony charges against Tiller that were ultimately dismissed in a jurisdictional dispute.

The defense wanted Kline, who touted his opposition
to abortion when he ran for office, to testify about his failed attempt
to prosecute Tiller for what he believed were transgressions of Kansas
law involving Tiller’s failure to report the sexual abuse of underage
girls and the way in which Tiller chose to report his records to the
state.

Defense attorney Mark Rudy said the testimony was important to establish the “building blocks” of frustration that led Roeder to kill Tiller.

Wilbert did allow Kline to take the stand, out of
the jury’s presence, but after hearing his testimony, ruled it
“inappropriate.”

“As I sat here and listened to Phill Kline,” said Wilbert, “it’s exactly what the court seeks to avoid. I said I would not allow this trial to be a forum on abortion.”

Roeder will continue his testimony Thursday afternoon.

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