A Kansas judge on Wednesday considered motions regarding the resentencing hearing for the man who shot and killed abortion provider George Tiller, the Kansas City Star reports (Leiker, Kansas City Star, 4/6).
Background
In 2010, Scott Roeder received a life sentence without the chance of parole for 50 years, called a "Hard 50," after being convicted of the 2009 shooting and killing of Tiller at the doctor's church in Wichita, Kansas. The Hard 50 law was changed after the U.S. Supreme Court in a separate case ruled that only juries, not judges, could decide whether the evidence merits a sentence more severe than a mandatory minimum.
In 2014, the Kansas Supreme Court upheld the murder conviction of Roeder. However, the court ordered a resentencing by a lower court because a judge, as opposed to a jury, had imposed the 50-year sentence (Women's Health Policy Report, 10/27/15).
According to the Kansas City Star, a Kansas jury will review Roeder's sentencing. The jury will be tasked with deciding whether Roeder should serve the Hard 50 or receive a different sentence (Kansas City Star, 4/6). Roeder must serve at least 25 years before he is eligible for parole.
Hearing details
On Wednesday, Sedgwick County District Court Judge Warren Wilbert rejected all the motions filed by Roeder's attorneys regarding the upcoming trial, stating that the majority of them were premature (Kansas City Star, 4/6).
Wilbert noted Roeder might have a constitutional right to argue before a jury that he acted in "necessity defense or imperfect defense of others" when he killed Tiller, although such a defense could not be used to overturn Roeder's murder conviction. According to Deputy District Attorney Kim Parker, permitting a necessity defense would essentially allow Roeder to claim that he was justified in killing Tiller to prevent him from providing abortion care.
However, Wilbert said he could not rule on whether Roeder can make such an argument until the defense shares the evidence it plans to present. The defense must submit its list of mitigating factors by April 29.
The date for the resentencing is yet to be determined (AP/Colorado Springs Gazette, 4/6).
