Kan. judge affirms ruling allowing abortion shooting suspect to build manslaughter defense

By Roxana Hegeman, AP
Tuesday, January 12, 2010

Judge: Roeder can build manslaughter defense

WICHITA, Kan. — A judge has again refused to block confessed killer Scott Roeder from arguing his belief that the shooting death of a Kansas abortion provider was a justified act aimed at saving unborn children.

The 51-year-old Roeder has admitted killing Dr. George Tiller last May. He wants to present evidence that he did so in the honest belief that he was justified — a defense that could lead to a conviction on the lesser charge of voluntary manslaughter.

Prosecutors say that defense is invalid because there’s no evidence Tiller posed an imminent threat at the time of the killing.

But the judge dealt prosecutors a setback during a hearing Tuesday, saying that until the defense decides which evidence it will present, it’s difficult for him to rule on its admissibility.

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