WICHITA — Seemingly contradicting his own public statements, an attorney for the man accused of gunning down a Kansas abortion provider has argued in court documents that his client has an “absolute right” to present a defense that argues the killing was justified to stop abortion.
A defense motion made public Monday seeks to thwart prosecutors’ efforts to ban the so-called necessity defense from Scott Roeder’s murder and aggravated-assault trial. A hearing on the issue is set for Dec. 22.
“For the Court to grant the State’s motion to prohibit ‘any evidence’ in support of the necessity defense would be premature, and contrary to Kansas law,” the defense wrote. “In addition, it would be rank speculation on the part of the state (and the Court if it were to grant said Motion) as to the purpose of any and all evidence that the Defendant may seek to introduce.”
Roeder, 51, of Kansas City, Mo., is charged with one count of first-degree murder in Dr. George Tiller’s death and two counts of aggravated assault for allegedly threatening two ushers who tried to stop him during the May 31 melee in the foyer of the doctor’s Wichita church. Roeder has pleaded not guilty and is scheduled to go to trial Jan 11.
He told The Associated Press on Nov. 9 that he shot Tiller to protect unborn children and that he planned to present a necessity defense at his trial.
But the following day, lead defense attorney Steve Osburn told reporters the necessity defense did not exist in Kansas law and that the defense team did not plan to present that strategy.
