Judge warns about decorum in trial of man charged with killing abortion provider

Judge asks for decorum in abortion shooting case

WICHITA, Kan. — People in the courtroom for the trial of the man accused of killing Kansas abortion provider Dr. George Tiller need to watch their behavior as the case heads to its more “emotional aspects,” the judge warned on Wednesday.

District Judge Warren Wilbert said he wouldn’t tolerate any “moans, groans,” or other “verbal outburts,” and that violators would likely be subject to contempt of court charges.

“I don’t want the jury to be distracted by anything in the gallery,” Wilbert said Friday as prosecutors prepared to wrap up their evidence in the case against Scott Roeder, 51, of Kansas City, Mo.

The warning coincided with the first day the court instituted a lottery system for spectator seats in the gallery. Roeder’s trial has lured activists from both sides of the abortion debate to Wichita. Wednesday also marked the first day a few anti-abortion protesters gathered outside the courthouse in support of Roeder.

Several spectators were turned away Wednesday because of the lottery, which accommodated 16 people.

Roeder, who has publicly confessed to killing Tiller, has pleaded not guilty to charges of first-degree murder and aggravated assault. Much of the testimony so far has been seen as a for-the-record recitation of facts of Tiller’s death and Roeder’s movements before and after the killing.

The defense, which was expected to begin presenting its case Thursday, was expected to argue for a voluntary manslaughter charge based on Roeder’s belief that killing Tiller would save unborn children. Voluntary manslaughter would involve much less prison time than a conviction for first-degree murder.

Defense witnesses will include former Kansas Attorney General Phill Kline, who unsuccessfully tried to convict Tiller on criminal charges. Roeder’s attorney Mark Rudy said earlier this month that misdemeanor charges filed by Kline showed he believed Tiller’s actions had been lawless. The charges were dismissed in a jurisdictional dispute with the local prosecutor.

Kline, an anti-abortion Republican, served a single term as attorney general in 2003-07, then served as Johnson County district attorney from 2007-09. He is now a visiting assistant professor of law at Liberty University in Lynchburg, Va.