Washburn students analyze the Rhodes case

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TOPEKA — A month after Cleother Burrell turned up dead of 20 stab wounds in the hallway of an apartment building at 630 N. Topeka, the owner of a nearby bar called police saying he found a knife on his roof. Nearly a foot long, the knife became the centerpiece of the murder trial of Ronald Rhodes.

Problem was, none of the witnesses who claimed to see Rhodes with a knife said that was the same one. Bruce Elliott, the eye-witness to the killing of his roommate, couldn’t positively identify the knife, or Rhodes for that matter. Elliott, meanwhile, literally had blood on his hands. And his clothes.

These were among the details analyzed by students of Rebecca Woodman’s Wrongful Convictions class at the Washburn School of Law during their studies of the case.

Here are video excerpts of their presentations, analyzing the trial transcripts, evidence collected by police and the eventual appeal to the Kansas Supreme Court. You can also view them here.

(Music: Adam Walker)

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The defense lawyer

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Kiehl Rathbun remembers 30 years later the shock of hearing a jury pronounce Ronald Rhodes guilty of murder.

“I think they could see it on everyone’s face in the courtroom,” Rathbun said this week. “No one could believe it. The jury wouldn’t even talk to us afterwards.”

It was Rathbun’s first murder trial. He said the state had no physical evidence linking Rhodes to the 1981 killing of Cleother Burrell.

“They had a knife that was kind of the same,” Rathbun said.

Police recovered a knife a month after the killing on the roof of a tavern a block away. They said that was the murder weapon.

Rathbun said he sent an investigator to find a man who claimed to have witnessed the killing. But when he got on the stand, the man said Rhodes wasn’t the one who he saw stab Burrell.

“But he had picked him out of a photo earlier,” said Nick Klein, the judge who presided over the trial.

“I think the jury might have thought he was just scared of (Rhodes),” the retired Klein said, when reached as his home in Colorado this week.

Rathbun said there was a dispute over wehther the photo lineup used by police to identify Rhodes was legal.

Meanwhile, a new class at Washburn Law School has signed up to study the Rhodes’ case, and others.

I visited the class recently to familiarize the students with reporting I’ve done, including filing open records’ requests. Instructor Rebecca Woodman has assigned students to look over trial transcripts and evidence logs in the case.

Rathbun said he was eager to help provide information about the case. Although he lost his law license in 2007, Rathbun said he has overcome some personal issues that destroyed his legal career and is trying to rebuild his professional life. He said he’s currently working on a master’s degree in education and hopes to teach English some day.

And there’s still a matter of what happened to evidence that could be tested for DNA, which might answer some questions.

Woodman and I are planning to visit Rhodes next month at the Lansing Correctional Facility, where he is serving a life prison sentence.

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1998 gang feud implicated for violence in Wichita

A made-up gang story resulted in the killing of Tony Galvan in 1998, and prosecutors say it’s still causing deaths in Wichita.

The Galvan killing came up again during a murder trial today in Sedgwick County District Court. Prosecutor C.J. Rieg told a jury today that Rogelio Soto Jr. and two others stabbed Arturo Moreno more than 70 times over the Galvan killing.

Rieg said Moreno was drinking with Soto and three other men, including Soto, in March 2009. Rieg said men became angry when they overheard a phone conversation in which Moreno, 28, said he’d been involved in the Galvan murder.

For the defense, Brian Hitchcock said only one of some 30 witnesses can link Soto, then 16, to the killing.

Galvan was not a gang member. But he was killed by gang members seeking revenge for a car accident, that a 17-year-old claimed was caused by a rival gang. That youth, Daniel Medrano, later confessed he’d made the story up.

The trial is expected to last most of the week before Judge David Kaufman.

Common Law: How long should a jury deliberate?

When a jury says it can’t reach a verdict, a judge has to decide if it is hopelessly hung or should continue deliberations. Judge David Kaufman asked lawyers to weigh in during the murder trial of Maria Reyes.

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)

Truck passenger convicted of unintentional murder in nightclub parking lot deaths

A man riding in a truck when it ran over and killed two people last summer is guilty of second-degree unintentional murder and voluntary manslaughter, a jury decided this afternoon.

The jury returned their verdict on lesser charges for Carlos Chavez-Aguilar, 22, who had gone on trial accused of second-degree intentional murder.

Second-degree unintentional murder is a reckless action taken with extreme disregard for human safety. Voluntary manslaughter is a sudden death occurring in the heat of passion.

Chavez-Aguilar is set for sentencing May 15 before Sedgwick County District Judge Joseph Bribiesca. Chavez-Aguilar’s lawyer, Brad Sylvester, said he plans to ask for a new trial, after raising objections to Bribiesca allowing gang testimony.

Police said a fight broke around 2 a.m. on Aug. 23 in the parking lot of the El Alacran Club at Harry and Seneca. An officer with the Wichita police gang unit testified that members of the Surenos 13, Vato Loco Boys and North Side Gangsters started the fight.

A pickup truck drove around the corner of the building and through the parking lot, killing Juan Martinez, 22, and Marilyn Arreola, 54. Carlos Chavez-Aguilar also was convicted of aggravated battery in the injury of a third person.

Rene Chavez-Aguilar, 20, charged with driving the truck, faces trial April 27.

(Note: Brad Sylvester and I are not related)