took an unexpected twist Monday morning when the prosecutor asked a
witness who chased the gunman on the day of the killing about abortion
protesters at Tiller’s church.
She also asked about the church’s general policy
toward abortion. Tiller, 67, was one of the few American doctors to
perform late-term abortions. Two months before he was killed, he was
acquitted of charges that he had violated
It had been assumed that
filings that he killed Tiller in the vestibule of his church last May
out of necessity. Roeder said he believed he was saving unborn babies.
The judge in the case has ruled that Roeder, who
pleaded not guilty to first-degree murder, may not use a necessity
defense, but has left open the possibility he would let the defense
argue Roeder had an honest if unreasonable belief that deadly force was
necessary.
The prosecution has fought to keep out evidence
suggesting that Roeder, who faces life in prison, might be guilty of
the lesser crime of voluntary manslaughter, which carries a penalty of
five years in prison.
Roeder also has been charged with two counts of
aggravated assault for pointing his gun at and threatening to kill two
church ushers who followed Roeder into the parking lot after Tiller was
shot. Both ushers testified Monday morning.
The men,
both said church members had been suspicious of Roeder when he came to
the church on other occasions. Both expressed regret that they had let
down their guard.
On the day Tiller was killed, Hoepner was standing
near the physician in the church’s foyer when Roeder came out of the
sanctuary as
“I looked up,” Hoepner said. “This man put a gun to George’s head. Boom. Shot him point blank on the side of his head.”
Hoepner chased Roeder through a double door toward
the church’s parking lot. When they were 20 or 30 feet apart, Hoepner
said, Roeder looked at him over his shoulder and said, “I have a gun. I
will shoot you.”
Hoepner also testified that Roeder said, “something like, ‘Lord forgive me.'”
“I wanted to apprehend the guy,” Hoepner said. “I really felt bad that I couldn’t.”
Martin said did not see the shooting, but heard it
and saw Roeder through a window running to the parking lot. Martin
chased Roeder into the church’s parking lot and stood in front of his
car, which was parked facing out. As Roeder got into his car, he
pointed a gun at Martin’s face and said: “Move or I’ll shoot you.”
Martin threw a cup of coffee through Roeder’s car window as he drove off.
He said parishioners were vigilant about unfamiliar
faces because services had been disrupted in the past by anti-abortion
protesters inside the church.
“People come in and pretend to be visitors,” Martin
said. “After a few minutes they stand up and start hollering. They go
up to the front and try to take over the microphone. Or push the
organist off the stool.”
Did the interruptions have to do with “their position involving abortion?” asked Foulston.
“Seem to be,” replied Martin.
“Were you a little suspicious about Mr. Roeder?” she asked.
“Yes,” said Martin.
Martin said he had seen Roeder at Reformation
Lutheran church about half a dozen times before Tiller was killed,
including once at a children’s service where Roeder had chuckled at
some of the funny things the children said.
That simple act, said Martin, gave him the feeling that Roeder was not there to cause trouble.
“I guess I’d misjudged him,” Martin said.
“And you let your guard down?” asked Foulston.
“I guess you could say that,” said Martin.
Foulston then asked Martin what he understands his church’s position on abortion to be.
“It’s identified as a tragedy,” Martin said. But, he
added, “someone who needs to go to that point … it’s between God and
themselves. Our guidelines pretty much correspond to
The prosecution is scheduled to continue presenting its case Monday afternoon.
—
(c) 2010, Los Angeles Times.
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