Voluntary Manslaughter Defense Squashed for Anti-Abortion Activist

Friday, January 29, 2010

This week, Wichita was a hub of activity as anti-abortion activists and pro-choicers mobilized prayer vigils and demonstrations outside the courthouse where Scott Roeder, 51, was convicted of first-degree murder in the shooting death of Dr. George Tiller—one of the nation’s few late-term abortion doctors. Tiller, 67, was shot to death while serving as usher at his church in Wichita Kansas on May 31, 2009. Roeder admits to shooting Tiller but claims he did so to save the lives of unborn children.

As of Thursday, District Judge Warren Wilbert had not barred Roeder’s defense attorneys from arguing for a lesser charge of voluntary manslaughter but reserved his right to inform the court whether he would accept the charge until after the defense rested its case. On Friday, Wilbert decided to ban the voluntary manslaughter defense and instructed the jury to decide on the charge of first-degree murder. After 40 minutes of deliberation, the jury reached its verdict: guilty.

In Kansas, voluntary manslaughter is defined as “an unreasonable but honest belief that circumstances existed that justified deadly force.” Prosecutors argued that Tiller posed no threat while at church performing the duties of an usher. In addition, the government’s case against Roeder focused on proving premeditation—which negates voluntary manslaughter—and caused the jury to convict Roeder of first-degree murder.

Another aspect of Roeder’s defense relied on the fact that Dr. George Tiller was acquitted of 19 misdemeanors. Kansas law prohibits late-term abortions unless two doctors verify that carrying the fetus to term will cause the mother "substantial and irreversible impairment of a major bodily function." By Kansas law, the two doctors cannot be affiliated financially. Allegedly, Tiller performed abortions wherein the second doctor was not unaffiliated with him. Roeder claims that since Tiller was acquitted of these charges, he was carrying out the punishment that the justice system failed to administer.

This controversial trial brought up an interesting issue, as it made an attempt to blur the line between voluntary manslaughter and murder. If Roeder was convicted of voluntary manslaughter, he would have received five-years in prison as opposed to the life sentence he faces now that he has been convicted of first-degree murder.