Archive for Friday, November 13, 2009

Prosecutors want to bar ‘necessity’ defense from Roeder trial

November 13, 2009

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— Prosecutors in Kansas want to bar the man suspected of killing a Wichita abortion provider from using the so-called necessity defense.

Scott Roeder is charged with first-degree murder in the fatal shooting of Dr. George Tiller on May 31 at a Wichita church. Roeder has told reporters he plans to argue at his trial that he was justified in shooting to protect unborn children.

In a motion in Sedgwick County District, prosecutors say the necessity defense isn’t lawful under the facts of the case. They also want to prohibit Roeder seeking so-called jury nullification — urging a jury to vote for acquittal regardless of the evidence against him.

Roeder faces trial in January. A hearing on the motions is set for Dec. 22.

Comments

Amy Heeter 5 years, 5 months ago

Roeder has fessed up. He does not deny that he shot and killed Tiller. He has confessed.

bankboy119 5 years, 5 months ago

His attorney already said he was not going to present the necessity defense so why would prosecutors try and bar it?

supertrampofkansas 5 years, 5 months ago

bankboy119,

My guess is because you can't ever believe what an attorney says he will do before the actual trial. I'm sure misdirection is a key strategy in Defending Your Client 101.

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