Judge denies ‘necessity defense’ in trial of man accused of killing Kansas abortion doctor

By AP
Friday, January 8, 2010

‘Necessity defense’ denied in abortion doc slaying

WICHITA, Kan. — A judge has again denied the so-called “necessity defense” for the man accused of killing a Kansas abortion provider.

Sedgwick County District Judge Warren Wilbert made the ruling during a final pretrial hearing Friday. Jury selection starts Monday in the trial of Scott Roeder (ROH’-dur).

Roeder filed two motions this week in support of a so-called necessity defense, meaning the shooting was necessary to defend unborn children.

Wilbert reaffirmed his December ruling, holding that the necessity defense was not legal under Kansas law.

Roeder faces premediated, first-degree and aggravated assault charges in the May 31 shooting of Dr. George Tiller at the doctor’s Wichita church. In this week’s filings, Roeder admits to the court that he killed Tiller.

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