Defense Seeks New Trial in Tiller Killing

(AP)  The man convicted of killing Kansas abortion provider Dr. George Tiller is asking for a new trial or an order of acquittal.

Scott Roeder was convicted last month in state court on a charge of first-degree murder. Roeder had admitted shooting Tiller last May 31 during services at the doctor's Wichita church.

In a motion for a new trial made public Monday, Roeder's lawyers cite adverse rulings by the trial judge - including a refusal to let the jury consider the lesser charge of voluntary manslaughter.

Such court filings are routine, but important to preserve the record on appeal issues.

Arguments on the defense motion will be heard in March.

[mjlewis6]

The Motion for a lesser included offense of Manslaughter may have been ruled upon prior to the trial or incident to the presentation of testimony of witnesses. In which case, were there no ruling...upon hearing facts in the case, the motion would have been ruled upon during or immediately following the case in chief...as to whether Manslaughter should be included. The testimony of the defendant during the guilt innocent phase of trial precludes any consideration of Manslaughter as the defendant had already established a motive for the crime...and in no instance demonstrated to the jury any remorse for the outcome or the 'inadvertant' or accidental use of deadly force necessary for Manslaughter consideration. Tight as a nut and clear as to what he was doing. You do not save lives by killing abortion doctors anymore than say, Bush invading Iraq to prevent WMDs from being developed and given to terrorists. One kind of crime at the local level is criminal....and elevated to such a high office....deserves the same kind of International Criminal Court on War Crimes at the Hague...regardless of the nature of Saddam Hussein as ruler of his own Iraqi peoples.

[kansas1946]

Appeal away. If the judge HAD allowed the jury to consider a manslaughter charge, now that would be grouds for a mistrial. This guy walked up to a man, put a gun to his head, and pulled the trigger, after planning for years to do so. This is about as close to the actions of a first degree murdere as there is.

[lakota2012]

How ridiculous! The maniac was a known anti-abortionist that constantly spewed hatred against doctors as well as ranted about killing them. Eyewitnesses saw him kill the doctor in his supposed religious sanctuary of a church, and the bozo even confessed on the stand of killing Dr. Tiller. He was found guilty of murder by a jury of his peers, and just needs to be thrown-in with Bubba for life. End of story.

[bradkt1]

He's a murderer who took the law into his own hands, which he had no right to do.

He's guilty...end of story. Put him away and let's just forget about this creep.

[ToolMangler1]

What part of guilty as charged because you 'Pleaded guilty' don't you understand??? Only somebody stupid enoungh to Kill a Doctor in church in front of the congregation would think he was railroaded in the first place, and that makes his lawyer even more stupid for filing for a retrial.

[sean56v]

Eugenics is illegal and nazi paranoia. George Tiller advocated and practiced elimination of fetuses he considered his inferior. Adolf Hitler ordered forced removal of fetuses assessed as mentally ill, mentally retarded, crippled, or with a non-aryan genetic characteristic. Tiller like Hitler thought of himself as ho'mo-superior. They had grandiose delusions that they were German divinity.

[ToolMangler1]

by sean56v February 8, 2010 3:31 PM EST



So according to you, the fact that the Doctor provided a "LEGAL" service that you disagree with, allows you to give the Doctor an "ILLEGAL" death sentence???
What planet are you from????? Do you wear tinfoil hats??

[kansas1946]

"George Tiller advocated and practiced elimination of fetuses he considered his inferior."
**************
Do you have any evidence to back up that statement, or are you just another "Freeman" nut that things the only people that shoudl be "free" to make choices is yourself, like Scott Roeder?

[run2jazz2]

Why? You are wasting tax payers time and money by asking for something which is very obvious. He admitted to killing the Doctor, a jury of his peers took less than an hour to find him guilty.

Why is there a need to request that the state court give him another trial to find the same results?