Common Law: Deputies discuss Roeder trial security

Courtroom security became a major issue during the Scott Roeder murder trial. Not only did Roeder admit killing Wichita abortion provider George Tiller, the gallery drew several people who had been convicted of and spent time in prison for violent crimes against abortion clinics. Sheriff’s deputies Dioane Gates and David Rank talked about their experiences, such as walking Roeder from jail each day and maintaining a safe courtroom.

Clinic supporters hear hint of “network” in Roeder’s testimony

Vicki Saporta listened as Scott Roeder talked about the friends he had and people around him who supported the killing of abortion doctors, as the district attorney cross-examined him Thursday afternoon.

“I just wish she’d have gone a little farther and asked him who they were,” said Saporta, president of the National Abortion Federation. “It was a golden opportunity we haven’t seen in years.”

Saporta leads a non-profit organization who represents hospitals, doctors and clinics across the country who provide health care for women, including abortions. Saporta and others, such as the Feminist Majority, have been pushing federal authorities to investigate the possibility that others encourage the killing of doctors, such as Wichita’s George Tiller.

“They encourage each other and help each other in various manners,” Saporta said. “Some of them are in this courtroom.”

Many of the people Saporta saw in the courtroom this week in Wichita, she said she’s seen before during the Florida trial of Paul Hill, who was convicted and eventually executed for killing a doctor who performed abortions.

Among those Saporta knows well is David Leach of Des Moines, Iowa, who once published a manual on the “Army of God.” Leach said outside the courtroom that he had known Roeder since 1998.

“I had about 150 or 200 supporters, and when I was traveling the country, I would stop and see them in they lived nearby,” Leach said. “I was near Topeka, so I stopped and talked to Scott.”

Leach said he remembered talking to Roeder about the killing of abortion doctors, but “not very much.” Leach said he had videotaped their conversation for a local cable access television show he had at the time. “But I haven’t watched it lately.”

Andrew Beacham of Falls Church, Va., was among those who came to watch Roeder’s trial.

After Judge Warren Wilbert denied the defense’s request to give the jury the option of a lesser charge of voluntary manslaughter, Beacham told The Associated Press:

“The very thing (the judge) is attempting to suppress, vigilantism … he is actually promoting it by not allowing Scott to have a fair trial.”

But conspiracy was not part of Foulston’s case. She was trying to make a case for first-degree murder, which she appeared to do in her cross examination by eliciting details of Roeder’s belief that it he believed it was all right to kill to support his own personal beliefs, and that he had thought about killing Tiller for years to stop his abortion practice.

If anything other charges come from Tiller’s killing, it will be up to federal authorities.

The signs show up at the courthouse for Roeder trial

(Photo by Mike Hutmacher/The Wichita Eagle)

Updated: After three days of a relatively quiet trial, Randall Terry and three of his supporters showed up with signs in front of the courthouse today, as prosecutors prepared to wrap up their case for murder against Scott Roeder.

Signs reading “Tiller killed 60,000 children, Roeder’s reason, The Babies” and “Give Roeder a fair trial” greeted people arriving to the Sedgwick County Courthouse this morning.

Over the noon break, Terry tried to rally support for Roeder’s defense of voluntary manslaughter, as the trial judge poised to hearing arguments about what he will allow the defense to present tomorrow.

“This jury has a right to hear what drove Scott Roeder to such extremity,” Terry told reporters at noon.

Terry, a main figure in the Summer of Mercy at George Tiller’s Wichita clinic in 1991, has seen his influence wane in recent years. The organization he founded, Operation Rescue, has gone on without him and with a new leader. Terry even sued the current leader, Troy Newman, over the use of the name.

A leader for the Feminist Majority Foundation, who knew Tiller and supported his efforts, said Terry’s presence amplifies their concern that extremist views fuel violence.

“I am more concerned about the extremists here at this trial, who have long had a relationship with Scott Roeder and have promoted violence against abortion doctors,” said Kathy Spillar, executive vice president of the Feminist Majority Foundation.

Spillar said she was encouraged that a prosecutor from the civil rights division of the Department of Justice was in Wichita to monitor the trial and hopes it will lead to federal indictments.

“We’re hoping to see charges filed beyond Scott Roeder,” Spillar said. “The fact that we continue to see abortion doctors killed, following similar patterns, tell us that something needs to be done and people should be prosecuted beyond the shooter. Until then, you can expect to more killing.”

Terry was the most vocal of the anti-abortion rights proponents who have attended the trial this week. He said today that Tiller died because he performed abortion – which are legal in the U.S.

“We must not pretend that there is no connection between Mr. Tiller’s shedding of innocent blood and Scott Roeder’s act of violence against him,” Terry said.

Terry’s statements brought heckles from Rex Morley, a Wichita area resident who was at the courthouse for a civil hearing and walked by during Terry’s speech.

Morley described himself as anti-abortion, except in the cases of rape and incest, but he said he was offended by Terry’s statements.

“I can’t believe there are people who believe the killing of a man is justified, because he was doing something he had a legal right to do,” Morley said.

The present leadership of Operation Rescue, which has not been present at the Roeder trial, denounced Terry’s visit this week.

“Sadly, Randall Terry has chosen to abandon the Christ-centered principles contained in the historic Operation Rescue Pledge of Non-violence,” the group said on its website. “By refusing to condemn the actions of Scott Roeder, Mr. Terry has completely abandoned the core principles of Operation Rescue.”

Sedgwick County District Judge Warren Wilbert told jurors to stay away from news about what happens outside the evidence they are hearing in the courtroom. He doesn’t want them distracted by what’s going on outside.

Wilbert scheduled a hearing this afternoon, in which he told jurors he will make rulings on what testimony he would allow on Thursday.

Evidence is scheduled to resume at 10 a.m. Thursday.

GQ article stirs discussion at Roeder trial

Talk today in the Scott Roeder trial stemmed from weekend reading, particularly an article from GQ, detailing George Tiller’s final day.

At the end of today’s testimony, Sedgwick County District Judge Warren Wilbert even admonished the jury not to read GQ, if they have a subscription to the magazine, look at it online or buy it on the news stand, to prevent beinginfluenced by the story.

In “Savior vs. Savior,” Devin Friedman, writes:

Scott had thought about killing Dr. Tiller for a long time, probably since 1993, if he had to put a date on it. The woman who’d shot George Tiller in both arms that year was in the prison up in Topeka for a while, and Scott had been to visit her at least twenty-five times. Sometimes the idea of killing him would be more powerful and motivating than others.
…He’d also considered murdering him at his house. He’d driven by the Tillers’, but they lived in a gated community, with a high wall. Probably the most involved plan was this scenario where Scott would buy a high-powered sniper’s rifle, climb onto the roof of the office at the abandoned car lot across the street from the clinic, and shoot George Tiller as he drove into his parking lot.2 In the end, though, he decided the simplest thing was to do it at Dr. Tiller’s church.
Tiller, the article said, was “the only famous person in Wichita,” apparently since the departure of Barry Sanders, and church his “last public refuge.”

District Attorney Nola Foulston said she was disappointed with one detail that apparently Roeder didn’t provide:

“What did he do with the gun?” she asked.

A discussion about “the a-word” in Roeder trial

Count how many times lawyers and the judge use the word “abortion” in trying not to talk about what public defender Mark Rudy called ‘the a-word” in the first day of Scott Roeder’s trial. For the record, witness Paul Ryding, who attended church with George Tiller, said he’d seen Roeder at the church before. Ryding said Roeder seemed to have an agenda and “it wasn’t one of worship.” Even when the court reporter read the testimony back, it sounded a little like “abortion.” (Video via CNN’s InSession Sidebar)

Jury update: Lawyers pass half of those questioned in morning session

Lawyers said they interviewed eight prospective jurors and passed four of them for cause this morning in the first-degree murder trial of Scott Roeder.

Since jury selection began Wednesday, 29 have qualified to move on to the next round in the trial stemming from the killing of Wichita abortion doctor George Tiller. Lawyers need at least 42, and probably more, before whittling the panel down to those who will judge the evidence.

In this first phase, jurors are questioned and passed on whether or not they can hear the evidence impartially, or if there is some reasons they couldn’t be objective. Jurors are being questioned about their believes, and even personal experiences with, abortion. They are answering those questions in private.

Once this phase is over, jurors will then return as a group for more general questioning. Others may be dismissed at that stage.

The lawyers need to qualify a panel of 42. Then each side may strike 14 jurors for practically any reason, except those protected by law, such as race or gender. That will leave the final panel of 12 jurors and two alternates who will hear the evidence.

Roeder, 51, is charged with shooting Tiller in his church on May 31.

Jury update: Roeder’s defense asks for ‘cautionary’ instruction

Updated:

Fearing jurors may feel in danger during the murder trial of a man charged with killing Wichita abortion doctor, Scott Roeder’s defense has asked the trial judge for a special instruction when panelists are questioned as a group.

Sedgwick County District Judge Warren Wilbert has ordered jurors to receive numbers when they enter the next stage of questioning, probably next week, in the first-degree murder trial of Scott Roeder. That part of the selection process is open to the public. Roeder’s public defenders, however, said that move could cause potential jurors to jump to the wrong conclusions about why they are not being called by name.

The defense said without proper instructions, jurors “will consider the defendant’s participation in a group with the capacity to harm jurors,” attorney Mark Rudy said, quoting case law, in his motion filed today. Rudy’s motion said numbered juries have been used in trials of reputed organized crime members.

“The jury may be left to speculate about the dangers,” Rudy said, compromising their duty to presume Roeder innocent. Instead, Rudy said, jurors should be told the anonymity is to protect their privacy.

Rudy offered several examples of the requested instruction, including:

  • “The procedure of referring to jurors by numbers is being employed to reduce the possibility that the media or others interested in the issues of this case might try to contact you.
  • “The use of numbers instead of names should in no way be interpreted as a reflection of the defendant’s guilt or innocence.”

Lawyers are in their third day of interviewing jurors in-dividually and in private, asking them about issues such as their personal beliefs on abortions. By noon Friday, 19 had passed legal challenges qualified to remain on the panel.

Update: By the end of the day Friday, lawyers had qualified 25 prospective jurors.

More than 40 are needed to move into the next stage, where they will receive numbers and be questioned as a group. Wilbert has ordered that part of jury selection open to the public after four news outlets filed legal action to open the process earlier this week.

At least 42 must be qualified before each side exercises preemptory strikes, where jurors may be dismissed for almost any reasons, other than those protected by law includ-ing race and gender. The prosecution and defense will each get 14 preemptory strikes, leaving the final panel of 12 jurors and two alternates.

Assistant AG asks judge not to enforce subpoena by Roeder’s defense

Barry Disney, who prosecuted a case against abortion provider George Tiller just two months before his death, has filed a motion to quash a subpoena from the defense of the doctor’s accused killer.

The assistant Kansas Attorney General said he has no information that would be relevant to the trial. Disney also said testifying at trial would interfere with his preparations for a capital murder trial he is prosecuting with Attorney General Steve Six in Butler County. Disney said the subpoena also calls for him to reveal confidential attorney work product.

Disney received a subpoena about the same time as former Kansas Attorney General Phill Kline. Disney prosecuted Tiller on 19 misdemeanor counts stemming from late-term abortion procedures. A jury acquitted Tiller after less than 20 minutes of deliberations.

The defense has said it planned to call Kline, who investigated Tiller throughout his tenure as AG, and Disney to relay facts about their investigations. The lawyers have indicated what Roeder learned through public reports about those cases helped him form the mindset that shooting Tiller would protect the unborn.

Tiller’s wife fights subpoena for abortion records

A lawyer for Jeanne Tiller, wife of a slain Wichita abortion doctor, filed a motion this afternoon to quash a subpoena for her late husband’s business records, sought by his accused killer, Scott Roeder.

Attorney Lee Thompson said in his motion that Roeder’s defense had requested “professional calendars, appointment books, records of scheduled procedures” from Tiller’s Women’s Health Services Clinic.

Roeder is charged with first-degree premeditated murder in Tiller’s shooting, May 31, inside the doctor’s church.

“The records sought contain personal, confidential and identifying information of women who sought constitutionally protected abortion services,” Thompson wrote in his brief.

Thompson also says the information is irrelevant to Roeder’s murder case.

Thompson said Jeanne Tiller received the subpoena last Thursday and served Roeder’s public defenders with objections over the weekend. Except for a personal datebook, Jeanne Tiller does not have records from the clinic, Thompson said. Those records are being held in a trust by his law firm, Thompson said.

Roeder’s defense said they will continue to pursue the records.

“What we’re going to do now is turn our efforts to getting the records from the medical trust,” said public defender Mark Rudy.

The defense has been seeking the records for months.

The defense previously had asked for similar information from the prosecution. But prosecutors said they didn’t have it, and the defense withdrew its request.

Rudy said the defense doesn’t plan to reveal any identities of women seeking abortions at Tiller’s clinic but aims to prove how many women could not receive abortions after Tiller’s shooting. Roeder has claimed he killed Tiller to protect the unborn.

The filing was the latest on the day Roeder’s trial was supposed to start. Earlier in the day, prosecutors made another effort to limit Roeder’s defense, delaying the start of jury selection for two days

Verbal volleys from the Tiller trial

On television court dramas, witnesses give clear answers to direct questions. After all, the entire story has to wrap by the top of the hour. In real life, testimony isn’t always so easy.

Put yourself in the jurors’ seat for this exchange between Kristen Neuhaus and prosecutor Barry Disney during the trial of George Tiller Monday. Tiller is charged with performing abortions in an illegal business relationship with Neuhaus, another doctor.

In the following video, Neuhaus appears to take pains to keep from saying she “worked” for Tiller, even has she compares what she did in Wichita to a doctor she “worked for” in Kansas City, Kan. This video lasts less than three minutes. Jurors have had to listen to days of this kind of testimony: