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Archive for Thursday, November 12, 2009

Attorneys of man who says he killed George Tiller ask for change of venue

November 12, 2009, 7:59 a.m. Updated November 12, 2009, 3:40 p.m.

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— Lawyers for a man who has publicly admitted killing a Kansas abortion provider have asked a judge to move his trial out of Wichita, arguing potential jurors have been subject to such vast pretrial publicity that it becomes “legal fiction” to assume jurors will presume him innocent.

Defense attorneys for Scott Roeder also said in their motion, made public Thursday, that for tactical reasons the prosecution is not seeking the admission of his “confession” at trial.

Roeder is scheduled to go on trial Jan. 11 in Sedgwick County District Court. The 51-year-old Kansas City, Mo., man is charged with first-degree murder in the May 31 shooting death of Dr. George Tiller. He also is charged with two counts of aggravated assault for allegedly threatening two ushers who tried to stop him during the melee in the foyer of the doctor’s Wichita church.

“The death of George Tiller represented the confluence of controversial issues deeply ingrained into the mindset of multiple generations of Wichita residents,” defense attorneys wrote, noting the “point-blank shooting of the world’s most famous abortionist, accomplished in a House of Worship, set against the background of the heated, bitter debate which surrounds the act of human abortion.”

His lawyers cited as an example the Wichita Eagle, which ran daily stories relating to the death of Tiller and the defendant for 11 days following the shooting. They noted Sedgwick County District Attorney Nola Foulston was widely quoted claiming the defendant was engaged in acts of American “terrorism.”

Roeder said in a call from jail Thursday that his attorneys have also tried to get Foulston removed from the case, but the judge refused. There is no indication of such a move in the court record, but some motions have been filed under seal or argued during closed hearings.

The request for a change in venue was filed Tuesday, a day after Roeder told The Associated Press and the Kansas City Star in jailhouse calls that he shot Tiller to save unborn children. He also said he had no regrets.

“Much of the information disseminated to the people of Sedgwick County relative to the defendant’s background will be inadmissible at the trial of this matter, and additionally, for tactical reasons, the State will not be seeking the admission of much of the material, including his ’confession,”’ defense attorneys wrote.

A hearing on the matter is set for Dec. 22 before Sedgwick County District Judge Warren Wilbert.

Comments

BlessedSap 4 years, 5 months ago

The pro choice folks just don't have any conviction.

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Steven Gaudreau 4 years, 5 months ago

Tom, Just read up on the Jim Pouillon murder. The crazy guy was on a killing spree and was not a pro choice advocate.
"Police say the gunman had grudges against several people and didn't like Pouillon holding a sign with graphic images of a fetus in front of students. Nice try though.

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Marion Lynn 4 years, 5 months ago

The case is in the system, so no amount of babbling is going to change a thing.

Out on this one.

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BlessedSap 4 years, 5 months ago

Am abortion protester was just murder a couple weeks ago. while protesting.

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mickeyrat 4 years, 5 months ago

I think LarryNative was looking for a case where a pro-abortionist murdered an anti-abortionist.

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Tom Shewmon 4 years, 5 months ago

"Tom,

I'm not aware of any case where a pro abortionist murdered an anti abortionist." -LarryNative

Ever heard of Jim Poullion? Didn't think so. The lamestream media tamped yet another story down that does not promote their agenda. He was a vocal pro-choicer who was gunned down. The corrupt media didn't treat it quite like Tiller's death. Real shocker there. Of course, the nut who shot him was never ID'd as a 'pro-choicer'......just random.

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Tom Shewmon 4 years, 5 months ago

The misconduct will originate with Foulston and her attorney goons......if it were to happen that is. Whether or not that is jury tampering, possibly. These foaming at the mouth pro-abortionists like the morons in Wichita could do nothing to surprise me. I hope Roeder gets off, just to cause a ruckus among the looney pro-death left.

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MyName 4 years, 5 months ago

From what I can tell, there is no (explicit) limit to the number of times someone can retried, in Kansas, but it depends upon the reasons for the mistrial. In certain cases there can not be a retrial if there is a mistrial. However, a hung jury is not one of those cases (at least in Kansas).

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Ray Parker 4 years, 5 months ago

Pro-abortion Harlan Drake shot dead pro-lifer Jim Pouillon in front of Owosso, MI high school on 09/11/09, because he didn't like his pro-life sign. Then he murdered another man against whom he admitted having a grudge. Drake has been declared fit to stand trial on 2 counts of first-degee murder, after mental treatment and evaluation. Far more violent crimes have been commited against pro-lifers than against abortionist quacks or abortion advocates. We still await emphatic condemnations of the murder of the pro-life demonstrator from pro-abortion groups and the White House, to match the prompt condemnations issued from pro-life groups and the White House of the shooting of monstrous late-term abortionist quack George Tiller. Obamanation's comment on the murder of the pro-lifer was strictly casual, and delayed by 2 days, as compared to his outcry of shock and outrage on May 31, followed by a statement of abhorrence by the U.S. Attorney General the same day as the Tiller shooting.

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Amy Heeter 4 years, 5 months ago

I think they only have one shot for retrial after a mistrial. Considering the bias in Kansas( especially Wichita) related to abortion change of venue seeems appropriate

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MyName 4 years, 5 months ago

But then what you're talking about is Juror misconduct, which again is something that I'm sure the judge and the prosecutors will be making very clear to them and the other members of the jury. Lying about some of these questions, especially since it will most likely be discovered at some point if not during deliberations, can carry the penalty of both dismissal from the jury and possibly contempt of court.

A fair trial means that you get a jury that is not biased toward either the defense or the prosecution.

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BlessedSap 4 years, 5 months ago

Unless they intentionally hide their bias to get onto the jury. They might feel like that is gods will for them. I suspect a large percent of Kansans might feel this way. A jury of his peers might really help Roeder.

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MyName 4 years, 5 months ago

A mistrial just means they get a new trial until they get it right. What you're talking about is an acquittal, and I think the chances of that are incredibly slim given the facts against him.

The only people who would vote for an acquittal are the kind of people who would be disqualified out of hand due to personal bias on the larger abortion issue (as opposed to normal people who believe that cold blooded murder is wrong regardless of the purity of your motives).

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BlessedSap 4 years, 5 months ago

It just takes one juror to cause a mistrial. He has a good shot anywhere in Kansas or the Midwest.

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Steven Gaudreau 4 years, 5 months ago

Tom,

I'm not aware of any case where a pro abortionist murdered an anti abortionist. I believe the whacko anti's have that gig all locked up. (Before you reply, pro's believe that abortions are aborted fetus, not murdered humans so save your rhetoric.)

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Steven Gaudreau 4 years, 5 months ago

Wichita is as good as it gets for conservative anti abortion nut jobs. The only thing better would be if he was charged in Lawrence and Artichoke and Vet were on the jury.

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macon47 4 years, 5 months ago

i can only suggest lawrence

if the liberal looneys dont find him innocent, the da and judge will give him two weekends or less in jail as a sentence

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Jimo 4 years, 5 months ago

My understanding is that there are some fine, GOP-approved tribunals available at Guantanamo.

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Chris Golledge 4 years, 5 months ago

Let's see, admit your guilt so that it gets splashed across every local newspaper, then have your lawyer ask for a change of venue. Ploy?

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TrooGrit 4 years, 5 months ago

Perhaps he just wants it moved to...um..say..crazytown! Yeah, that's the ticket, he can get a fair trial in..crazytown!

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ebyrdstarr 4 years, 5 months ago

I don't know tumbilweed, don't you think maybe, just maybe, we should at least require the reporter to whom Roeder allegedly confessed come into court and testify under oath about that phone call before declaring Roeder's guilt to be proven by admission?

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tumbilweed 4 years, 5 months ago

"Everyone deserves a fair trial before they get hanged."

Yes but isn't the trial to prove guilt or no guilt? Isn't that already proven by admission?

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Machiavelli_mania 4 years, 5 months ago

Yeah, a fair trail. BooHoo. How about going to church with the confidence that you will not be killed there?

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Machiavelli_mania 4 years, 5 months ago

Roeder needs to be placed in public stocks in town squares throughout the state, where the state can earn money selling peebles to throw at him, peebles just large enough to bruise but not to kill, ... and selling rotten tomatoes, and defecation byproduct, and selling squirt guns filled with urine. And then we would no longer have budget problems within the state. I know I would drop a couple or more thou$and for the ability to do the above to Roeder and to all the strangely-religious people, or people of strangestrange religion (!), all those who incited him. I would love to urinesquirt those people!

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parrothead8 4 years, 5 months ago

Let's imagine what Roeder's lawyers think a "fair trial" would consist of: 1) A client who doesn't go out of his way to admit his guilt to every reporter within shouting distance. 2) A crime committed outside the view of dozens of witnesses. 3) Circumstances that don't include your client running away and hiding from a crime he "doesn't think is wrong."

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macon47 4 years, 5 months ago

i understand the new non politcally correct term for this type of crime is going muslim since it is for the greater good

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Tom Shewmon 4 years, 5 months ago

Let's get real crazy and imagine a mistrial......Roeder would have to change his name and move to Brazil. The crazies on the left? Roeder wouldn't last a day on the streets. I only say this because the judicial system in Wichita is not what I consider on the up and up {read: Tiller's trial(s)}. A little slip up by the despicable and rabid pro-choicer Nola Foulston---not out of the realm of possibility.

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imastinker 4 years, 5 months ago

I can only hope that the lawyer is doing this so that roeder can't later say that he had an incompetent defense and is due another trial.

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just_another_bozo_on_this_bus 4 years, 5 months ago

"Why is there a trial?"

Everyone deserves a fair trial before they get hanged.

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mickeyrat 4 years, 5 months ago

Wow. What... can't get a fair trial? ...does Roeder think that Wichita is a hotbed of Godless pro-abortion atheists?

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