From the Philadelphia Inquirer:
WICHITA, Kan. - The judge in the trial of a man accused of murdering an abortion doctor dealt the defense a severe setback yesterday, ruling that the jury cannot consider a lesser charge of manslaughter.Late edit: Guilty on all counts. Damn right.
The ruling came hours after Scott Roeder took the stand in his defense and admitted killing Dr. George Tiller, saying he acted to save the lives of unborn children.
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Roeder testified that he considered elaborate schemes to stop the doctor, including chopping off his hands, crashing a car into him, or sneaking into his home to kill him.
But in the end, Roeder told jurors, the easiest way was to walk into Tiller's church, put a gun to the man's forehead, and pull the trigger.
Roeder calmly repeated his public admission of months ago - that he killed Tiller to save unborn children.
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After Roeder's testimony, District Judge Warren Wilbert ruled that the jury would not be permitted to consider the manslaughter charge because abortion, including late-term abortion, is legal in Kansas and because Tiller did not pose an imminent threat.
"There is no immediate danger in the back of a church," the judge said. He also ruled out a second-degree murder conviction, which does not involve premeditation, because it was clear Roeder planned the killing.
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