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On May 31, 2009, George Tiller, a physician from
Wichita, Kansas who was nationally known for being one of the few
doctors in the United States to perform late-term abortions, was shot
and killed by Scott Roeder.
Tiller was killed during a Sunday morning service
at his church, Reformation Lutheran Church, where he was serving as an
usher. Multiple action groups and media figures have labeled Tiller's
killing an act of domestic terrorism and an assassination.
Roeder was arrested within three hours of the
shooting and charged with first-degree murder and related crimes two
days later. In November 2009 Roeder publicly confessed to the killing,
telling the Associated Press that he had shot Tiller because "preborn
children's lives were in imminent danger."
Roeder was found guilty of first-degree murder and
two counts of aggravated assault on January 29, 2010, and sentenced on
April 1, 2010, to life imprisonment without any chance for parole for
50 years.
Shooting and aftermath
George Tiller was shot to death on May 31, 2009,
during worship services at the Reformation Lutheran Church in Wichita,
where he was serving as an usher. The church is a congregation of the
Evangelical Lutheran Church in America. Tiller was shot in the head at
point blank range; he was wearing body armor, as he had been since
1998, when the FBI told him he was being targeted by anti-abortion
militants. After threatening two others who tried to prevent his
departure, the gunman fled in a car. Witnesses described the vehicle
as a powder-blue 1993 Ford Taurus.
Calling the murder "an abhorrent act of violence",
U.S. Attorney General Eric Holder announced,
"Federal law enforcement is coordinating with local law enforcement
officials in Kansas on the investigation of this crime, and I have
directed the United States Marshals Service to offer protection to
other appropriate people and facilities around the nation."
Arrest of murder suspect
Scott Philip Roeder (born February 25, 1958) from
Merriam, Kansas, was arrested in Gardner, Kansas, some 170 miles away
in suburban Kansas City three hours after the shooting. He was charged
on June 2, 2009, with first-degree murder and two counts of aggravated
assault. Roeder was formally charged before a Sedgwick County district
judge on June 2. He said very little during the hearing, where he
asked for a public defender and did not enter a plea.
Prosecutors said the killing did not meet Kansas's
standards for capital murder, which would have carried a possible
death penalty. Prior to the shooting, Roeder was not among the people
monitored as potential threats by some abortion rights groups,
including the state chapter of the National Organization for Women.
However, it has been reported that neither the FBI nor local police
arrested him in the days leading up to the murder despite reports and
evidence offered to both that he vandalized a women's clinic the week
before and the day before.
In a telephone call from prison, Roeder confessed
to the press that he had shot and killed Tiller, and declared that he
felt no remorse.
Roeder's background
Known employment and psychiatric histories
In the six months before Roeder's arrest, he said
he had worked for an airport shuttle service, a party-rental shop, a
convenience store and a property management enterprise.
After his arrest, Roeder's ex-wife, Lindsey Roeder,
claimed that Roeder had been suffering from mental illness and that
about the age of 20 he was diagnosed with possible schizophrenia, but
she offered her own diagnosis of bipolar disorder.
Roeder claimed to be the father of a young child
and asked for time for visitation but the mother of that child did not
wish such visitation. The 2005 Pennsylvania family court which ruled
on Roeder's custody petition regarding a daughter born in 2002 took
formal notice that Roeder had been diagnosed with possible
schizophrenia and was not on medication.
The Associated Press quoted Roeder's brother,
David, who said that Scott had suffered from mental illness from time
to time:
"However, none of us ever saw Scott as a person capable of or willing
to take another person’s life. Our deepest regrets, prayers and
sympathy go out to the Tiller family during this terrible time."
Anti-government activism
Scott Roeder had been a member of the
anti-government Montana Freemen group. He was stopped in Topeka,
Kansas, in April 1996 while displaying a placard reading "Sovereign
Citizen" in lieu of a license plate. He had no driver's license,
vehicle registration or proof of insurance. Police officers searching
his car discovered explosives charges, a fuse cord, a pound of
gunpowder and nine-volt batteries in the trunk. He was charged,
represented by a public defender, convicted in June of all four counts
and sentenced to 24 months probation.
In July 1997 his probation was revoked for failure
to pay taxes and provide his social security number to his employer as
well as other probation violations. He was sentenced to 16 months in
prison to be followed by 24 months parole supervision. He filed notice
of appeal and was represented by a state-funded appellate attorney who
challenged the basis of the original search that found the bomb
components. The Kansas Court of Appeals overturned this conviction in
March 1998, ruling that the search of Roeder's car had been illegal
and remanded the case to the trial court. Roeder was released after
serving eight months.
According to the Anti-Defamation League (ADL),
Roeder belonged to a group called the Sovereign Citizen Movement,
which believes that virtually all existing government in the United
States is illegitimate.[citation needed] The ADL's National Director
Abraham Foxman stated that "Roeder's attachment to extreme causes
extended beyond anti-abortion extremism. His extremism
cross-pollinated between anti-government extremism and anti-abortion
activism and led to violence and murder."
After being charged with murder, Roeder frequently
called an Associated Press reporter from the county jail. He
complained about being treated like a criminal and about his having
been characterized in other media as having been anti-government.
Roeder told the reporter, "I want people to stop and think: It is not
anti-government, it is anti-corrupt-government."
Lindsey Roeder statements
Lindsey and Scott Roeder were married in 1986, and
were together for 10 years. Immediately after his 2009 arrest, she
stated that the explosives which led to his 1996 arrest had been
intended for detonation at an abortion clinic.
On June 2, 2009, Lindsey Roeder gave an interview
to Anderson Cooper of CNN about when and why her husband became
radicalized:
"It was about 1991–92 when he basically couldn't cope with
everyday life. He couldn't make ends meet, he couldn't pay the bills
and didn't know why he couldn't do that. And someone told him that if
he didn't pay his federal taxes, if those taxes were left in his
check, he could make ends meet. And then he started investigating that
and someone told him that it wasn't ratified properly in the
Constitution, that it was illegal. And he went from there and got into
the anti-government, got into the militia, got into the Freeman, and
along those lines anti-abortion issues came up and he started becoming
very religious in the sense that he finally – he was reading the
Bible. But then, after we were divorced, his religion took on a whole
new right wing of itself."
Anti-abortion militancy
David Leach, publisher of Prayer & Action News, a
magazine that opines that the killing of abortion providers would be
justifiable homicide, told reporters that he and Roeder had met once
in the late 1990s and that Roeder at that time had authored
contributions to Leach's publication.
Leach published the Army of God manual, which
advocates the killing of the providers of abortion and contains
bomb-making instructions, in the January 1996 issue of his magazine. A
Kansas acquaintance of Roeder's, Regina Dinwiddie, told a reporter
after Tiller's murder (speaking of Roeder), "I know that he believed
in justifiable homicide." Dinwiddie, an anti-abortion militant
featured in the 2000 HBO documentary Soldiers in the Army of God,
added that she had observed Roeder in 1996 enter Kansas City Planned
Parenthood's abortion clinic and ask to talk to the physician there;
after staring at him for nearly a minute, Roeder said, "I’ve seen you
now," before turning and walking away.
Roeder's former roommate of two years, Eddie
Ebecher, who had met Roeder through the Freemen movement in the 1990s,
told a reporter after Tiller's murder that he and Roeder had
considered themselves members of the Army of God. Ebecher said Roeder
was obsessed with Tiller and discussed killing him, but that Ebecher
warned him not to do so. Ebecher, who went by the nom de guerre
"Wolfgang Anacon," added that he believed Roeder held "high moral
convictions in order to carry out this act. I feel that Scott had a
burden for all the children being murdered."
In 2007, someone who identified himself as Scott
Roeder posted on the website of the anti-abortion group Operation
Rescue that, "Tiller is the concentration camp 'Mengele' of our day
and needs to be stopped before he and those who protect him bring
judgment upon our nation." This was reported by the ADL's Center on
Extremism, noting that Roeder called for "the closing of his death
camp."
After Tiller's murder, officials from Operation
Rescue, which had long opposed Tiller's abortion practices but
denounced his shooting, said Roeder was not a contributor or member of
the group.[29] The cell phone number for Operation Rescue's senior
policy advisor, convicted clinic bomb plotter Cheryl Sullenger, was
found on the dashboard of Scott Roeder's car. At first, Operation
Rescue's senior policy advisor Cheryl Sullenger denied any contact
with Roeder, saying that her phone number is freely available online.
Then, she revised her statements, indicating that Roeder’s interest
was in court hearings involving Tiller.
"He would call and say, 'When does court start? When’s the next
hearing?' I was polite enough to give him the information. I had no
reason not to. Who knew? Who knew, you know what I mean?"
Roeder reportedly attended the 2009 trial in which
Tiller was acquitted of violating state abortion laws; Roeder called
the trial "a sham" and felt the justice system failed in letting
Tiller go free.
On May 30, one day before Tiller was killed, a
worker at a Kansas City clinic told the Federal Bureau of
Investigation that Roeder had tried gluing the locks of the clinic
shut, something Roeder was suspected of doing there before years
earlier. The Kansas City Star reported that a man of Roeder's
description had glued the locks shut at the Central Family Medicine
clinic in Kansas City on May 23 and May 30.
Reactions to Tiller's killing
President Barack Obama said, "I am shocked and
outraged by the murder of Dr. George Tiller as he attended church
services this morning. However profound our differences as Americans
over difficult issues such as abortion, they cannot be resolved by
heinous acts of violence."
A number of other organizations also condemned the
murder. Cardinal Justin Rigali of the U.S. Conference of Catholic
Bishops stated
"Our bishops' conference and all its members have repeatedly
and publicly denounced all forms of violence in our society, including
abortion as well as the misguided resort to violence by anyone opposed
to abortion. Such killing is the opposite of everything we stand for,
and everything we want our culture to stand for: respect for the life
of each and every human being from its beginning to its natural end.
We pray for Dr. Tiller and his family."
Tony Perkins, President of the Family Research
Council, condemned the killing, saying,
"We are stunned at today's news. As Christians we pray and look
toward the end of all violence and for the saving of souls, not the
taking of human life. George Tiller was a man who we publicly sought
to stop through legal and peaceful means. We strongly condemn the
actions taken today by this vigilante killer and we pray for the
Tiller family and for the nation that we might once again be a nation
that values all human life, both born and unborn."
The American Jewish Congress stated in a press
release that Tiller's murder "exemplifies criminal anarchy, not
legitimate protest. Dr. Tiller’s murder was not just a terrible crime
against an individual. It was also a crime against our democracy...
Murder is not a debating technique. It is never, and must never be, an
accepted way of advancing a point of view." The National Council of
Jewish Women also condemned the murder, with President Nancy Ratzan
stating that "Dr. Tiller devoted his life to ensuring that women did
indeed have choices when confronted with an unintended or untenable
pregnancy. His murder – his assassination – is intended to terrorize
not only all involved with providing abortions but anyone even
remotely associated with abortion rights." The Religious Action Center
of Reform Judaism also condemned Tiller's murder.
Other reactions included:
David N. O’Steen, director the National Right to
Life Committee released this statement on May 31, 2009:
"National Right to Life extends its sympathies to Dr. Tiller’s
family over this loss of life. Further, the National Right to Life
Committee unequivocally condemns any such acts of violence regardless
of motivation. The pro-life movement works to protect the right to
life and increase respect for human life. The unlawful use of violence
is directly contrary to that goal."
Operation Rescue released this statement on May 31,
2009:
"We are shocked at this morning’s disturbing news that Mr.
Tiller was gunned down. Operation Rescue has worked for years through
peaceful, legal means, and through the proper channels to see him
brought to justice. We denounce vigilantism and the cowardly act that
took place this morning. We pray for Mr. Tiller’s family that they
will find comfort and healing that can only be found in Jesus Christ."
Mary Kay Culp, director of Kansans for Life, said
that the organization "deplores the murder of Dr. George Tiller, and
we wish to express our deep and sincere sympathy to his family and
friends. We value life, completely deplore violence, and are shocked
and very upset by what happened in Wichita today."
Randall Terry, the founder of Operation Rescue,
said:
"George Tiller was a mass-murderer. We grieve for him that he
did not have time to properly prepare his soul to face God. I am more
concerned that the Obama Administration will use Tiller's killing to
intimidate pro-lifers into surrendering our most effective rhetoric
and actions. Abortion is still murder. And we still must call abortion
by its proper name; murder. Those men and women who slaughter the
unborn are murderers according to the Law of God. We must continue to
expose them in our communities and peacefully protest them at their
offices and homes, and yes, even their churches."
Wiley Drake, vice-presidential candidate for the
America's Independent Party ticket in 2008 and the second vice
president of the Southern Baptist Convention in 2006–2007, asked on
his radio show, "Would you have rejoiced when Adolf Hitler died during
the war? ... I would have said, 'Amen! Praise the Lord! Hallelujah!
I'm glad he's dead.' This man, George Tiller, was far greater in his
atrocities than Adolf Hitler, so I am happy; I am glad that he is
dead." Anti-abortion militants The Army of God, a group that promotes
"leaderless resistance" as its organizing principle, issued a
statement calling Tiller's presumed killer an "American hero."
Pointing out what he saw as a philosophical problem
with "non-violent" right-to-lifism, Reason columnist Jacob Sullum
wrote "if you honestly believe abortion is the murder of helpless
children, it's hard to see why using deadly force against those who
carry it out is immoral, especially since the government refuses to
act." William Saletan, Jacob Appel, Colby Cosh, and Damon Linker
similarly questioned the pro-life movement's consistency in condemning
Tiller's murder.
Some commentators argued that the treatment of the
murder, by both the White House and the media, was absurdly
disproportionate. The day after the murder, two soldiers were attacked
at an Army recruiting center in Little Rock, Arkansas: one died; the
other suffered injuries. Comparing this incident with the Tiller
murder, Michelle Malkin wrote,
"Tiller's suspected murderer, Scott Roeder, was white,
Christian, anti-government, and anti-abortion. The gunman in the
military recruiting center attack, Abdul Hakim Mujahid Muhammad, was
black, a Muslim convert, anti-military, and anti-American. Both crimes
are despicable, cowardly acts of domestic terrorism. But the disparate
treatment of the two brutal cases by both the White House and the
media is striking."
James Taranto of The Wall Street Journal found
fault with this view, claiming that its proponents failed to
acknowledge that the crimes were different in nature and, therefore,
in public import. Although equally "abhorrent",
"in the hierarchy of public significance, assassinations rank
higher than hate crimes, which in turn rank higher than "ordinary"
murders. The murder of Martin Luther King was bigger news, and is a
more important part of history, than any individual lynching, even
though both were atrocious crimes spurred by similar ideological
motives."
Taranto also felt that the President's sentiments
on the cases could be read quite differently: although his
condemnation of the Tiller killing was worded far more strongly, it
was only to the soldiers and their kin that condolences and sympathy
were proffered, in spite of the fact that Tiller's wife was present at
her husband's death. "If anything," Taranto opined, the statement was
somewhat "cowardly", and the pains to which he went to appease the
pro-life school were duly noted.
Another response to Malkin's charge of "disparate
treatment of the two brutal cases" has been that the true disparity
was the mass media's downplaying of Roeder's Christianity. In this
view, major media outlets "relegate Mr. Roeder’s religious motivation
to the margins, while all play up Mr. Muhammad’s connections to
Islam."
Fox News Channel commentator Bill O'Reilly has also
been accused of demonizing Tiller, e.g. calling him "Tiller the Baby
Killer". Blogger John McCormack has argued that there is no evidence
to support this claim and no evidence to show that O'Reilly condones
vigilantism, while R. J. Eskow has argued that some responsibility may
rest with O'Reilly.
On June 9, U.S. Representative Louise Slaughter
sponsored a House resolution condemning the murder of Tiller, which
was unanimously passed.
Several pro-life groups claimed to have received
death threats in the aftermath of the shooting, some of them
threatening "vengeance" against the pro-life movement.
Although most anti-abortion activists avoided
Tiller's funeral, 17 members from the Westboro Baptist Church picketed
the funeral. The church members held signs that read "God sent the
shooter", "Abortion is bloody murder", and "Baby Killer in Hell".
Trial of Scott Roeder
On June 2, 2009, the District Attorney of the 18th
Judicial District of the State of Kansas filed charges on behalf of
the State of Kansas against Scott Roeder consisting of one count
first-degree murder and two counts of aggravated assault. A
preliminary hearing was held in Wichita on July 28, 2009.
Judge Warren Wilbert ruled on January 8, 2010, that
he would allow Roeder's defense team to argue for a voluntary
manslaughter conviction, which in Kansas is defined as killing with
"an unreasonable but honest belief that circumstances existed that
justified deadly force."
Jury selection was scheduled to begin Monday,
January 11, 2010, but was delayed after prosecutors challenged the
judge's decision to allow the defense to build a case for a lesser
charge. Selection proceedings began in closed session on January 12,
2010. Judge Wilbert had ordered jury selection closed to the public
and press citing fears jurors would be less than truthful if
questioned in public. However, the Kansas State Supreme Court
overturned his order, although parts of the questions to individual
jurors remained private.
The court heard opening statements on January 22,
2010.
The defense had asked the court to hear the
testimony of the former Kansas Attorney General Phill Kline and Barry
Disney, a current member of that office. Both had previously tried to
convict Tiller of providing illegal late-term abortions. The judge,
however, upon previewing the testimony of Kline, disallowed his
testimony pointing out such abortions are legal in Kansas and citing
the possibility of prejudicing the jury.
Scott Roeder took the stand in his own defense on
January 28, 2010. At the outset, he admitted to killing Tiller,
defending his act as an attempt to save unborn children and giving his
views on abortion. Under questioning by his attorney, he attempted to
describe abortion practices in detail but was repeatedly halted by
objections based on his lack of medical expertise.
Following Roeder's testimony on the stand, Judge
Wilbert ruled that the jury would not have the voluntary manslaughter
option.
On January 29, 2010, the jury returned a verdict of
guilty on all three charges after less than 40 minutes of
deliberation.
On April 1, 2010, in Wichita, Kansas, Sedgwick
County District Judge Warren Wilbert sentenced Roeder to a "Hard 50",
meaning no possibility of parole for 50 years, for the murder of
Tiller, the maximum sentence available in Kansas.
Cultural references
Tiller's assassination inspired an episode of the
television legal drama Law & Order entitled "Dignity". In that
episode, an anti-abortion activist murdered a doctor who performed
late-term abortions in New York. The defense said it was a justifiable
homicide, since the murderer did it in order to prevent the doctor
from performing a late-term abortion in a specific woman, hence, he
did it in defense of another human being. In the end, the jury decided
that the defendant was guilty of murder in the first degree. The
episode's reception was polarized: the pro-life blogosphere
appreciated the episode's handling of the abortion issue as a whole,
while many pro-choice sources condemned the episode.
The aftermath of Tiller's death is also the subject
of the 2013 documentary After Tiller, which follows the lives of four
other late-term abortion providers after Tiller's assassination.
Wikipedia.org
Scott Roeder gets Hard 50 in murder of abortion
provider George Tiller
By Ron Sylvester - The Wichita Eagle
March 31, 2010
It took only 37 minutes to convict Scott Roeder of
murder in January; it took nine hours Thursday to sentence him.
As expected, Sedgwick County District Judge Warren
Wilbert sentenced Roeder, 52, to life in prison with no possibility of
parole for 50 years for the murder of Wichita abortion provider George
Tiller.
“I have to say, Scott Roeder has no regrets and
neither do I,” District Attorney Nola Foulston said afterward.
“As I listened to Mr. Roeder, it confirmed my
belief he is a person who should not be in our community.”
During the hearing, Roeder interrupted lawyers and
the judge and also spoke for 45 minutes in an attempt to mitigate his
sentence. He read for 30 minutes from a book written by a man executed
for killing an abortion doctor in Florida and compared his plight to
that of Jesus Christ.
“The blood of babies is on your hands, Nola
Foulston . . . and Ann Swegle,” Roeder yelled at prosecutors as
sheriff’s deputies pushed him out of the courtroom after he was
sentenced.
Roeder’s sentence was the maximum allowed under
Kansas law.
“This crime was cruel and heinous, not only because
it took our husband, father and grandfather, but because it was a hate
crime committed against George — against all women and their
constitutional rights,” Tiller’s family said through attorney Lee
Thompson after the hearing ended.
During Roeder’s trial, a jury came back by lunch on
Jan. 29 with a guilty verdict against Roeder, convicting him of
first-degree murder and two counts of aggravated assault in the May 31
shooting of Tiller in the foyer of his church.
Entering Thursday’s hearing, a life sentence was
never in doubt. That’s mandated under Kansas law.
The only question was whether Roeder would be
eligible for parole after 25 years or 50.
At day’s end, Wilbert decided to impose the
so-called Hard 50. He also sentenced Roeder to a year on each count of
aggravated assault — for pointing his gun at Gary Hoepner and Keith
Martin as they chased him from the church after Tiller’s killing.
Wilbert ordered those sentences to run
consecutively to the Hard 50. Wilbert said that if Roeder lives past
102 then gets parole, he also faces lifetime supervision after his
release.
‘This was a difficult case,’’ Foulston said outside
the courthouse. “The difficulty was apparent from the emotion that
rang across the courtroom, across our community and across the world.”
Thompson said the family wanted to focus on
Tiller’s legacy as a health care provider who trusted women to make
the choices that would affect their health and lives.
“Dr. Tiller’s story is being told every day in the
lives of the women he helped. His legacy cannot be diminished by the
act of a single terrorist,” Thompson said.
Thompson also addressed the court on the family’s
behalf, as is their right at sentencing, talking about Tiller’s love
for his family.
“George Tiller was known as an abortion doctor . .
. but he was so much more than that,” Thompson said.
“This man did nothing halfway. He was never a
halfway father,” Thompson said. “This murder has extinguished this
family devotion.”
During Thompson’s address, Roeder stared straight
ahead, not looking at Thompson or the Tiller family.
A full day in court
Roeder called four friends who had protested with
him outside women’s clinics in Kansas City as character witnesses.
Judge Wilbert strongly admonished each of them that
he would not allow them to make political statements about abortion.
“Everyone I’ve talked to about Scott said he was
never threatening or mean-spirited to them,” said Eugene Frye, who
quoted Bible verses about Roeder’s anti-abortion beliefs.
“Not one time did I ever hear him speak of violence
to anyone,” Frye added.
Throughout the day Roeder interrupted lawyers and
the judge, yelling that he killed Tiller “to protect unborn babies.”
During his statement, Roeder read from prepared
remarks for 45 minutes, 30 of which he spent reading from a book by
Paul Hill, executed for the 1994 murder of a Florida abortion
provider.
When Roeder began to disparage Foulston, Wilbert
stopped him.
“You killed Dr. Tiller. You’re not going to
politically assassinate Nola Foulston,” the judge said. “I’m going to
draw the line there.”
Public defenders Steve Osburn and Mark Rudy
objected to Wilbert limiting Roeder’s chance to address the court.
“This is what he believes,” Osburn said. “This is
what he thinks you need to decide on a sentence.”
Wilbert reviewed the documents that Roeder wished
to read before the court. Wilbert said some were not relevant.
“I will accept them and seal them, and they will be
part of the record,” Wilbert said.
That way the appeals courts can decide whether it
all should have been presented in open court, he said.
Roeder spoke of a higher power, how he followed
God’s laws, not man’s laws, when it came to abortion.
“If you would follow a higher power, you would
acquit me,” Roeder told Wilbert.
“If you think you’re going to convince me with some
last-minute plea, you’re wasting your time,” Wilbert said.
When Roeder said he wanted to address expectant
mothers, Wilbert stopped him again.
“I’m not going to provide you with an all-night
political forum,” Wilbert said as the hearing, which began at
9:15a.m., neared 5 p.m.
Prosecutor Ann Swegle argued that Roeder does not
follow the law of the God he claims to worship.
“That says ‘Do not kill,’ ” Swegle said.
Psychologist testifies
Psychologist George Hough from Topeka said Roeder
adopted extreme Christian beliefs in the early 1990s and began to
obsess about abortion.
“He described an increasing sense of urgency to
take action,” said Hough, who was called to testify by the defense.
“He saw himself as a foot soldier,” Hough said,
adding that Roeder used war imagery in the way he talked about it.
On cross-examination, Swegle asked the psychologist
whether Roeder “could act on his own free will.”
“Yes,” Hough replied.
Jury rejects argument that killing abortion
doctor saved unborn, convicts Scott Roeder of Kansas City of murdering
Dr. George Tiller
Cleveland.com
January 29, 2010
WICHITA, Kan. — A man who said he killed prominent
Kansas abortion provider Dr. George Tiller in order to save the lives
of unborn children was convicted Friday of murder.
The jury deliberated for just 37 minutes before
finding Scott Roeder, 51, of Kansas City, Mo., guilty of premeditated,
first-degree murder in the May 31 shooting death.
He faces a mandatory sentence of life in prison
with the possibility of parole after 25 years when he is sentenced
March 9. Prosecutor Nola Foulston said she would pursue a so-called
"Hard 50" sentence, which would require Roeder to serve at least 50
years before he can be considered for parole.
Tiller's widow, Jeanne, and the rest of the family
quickly exited the courtroom after the verdict. In a statement, Jeanne
Tiller said "once again, a Sedwick County jury has reached a just
verdict."
The family said it wanted Tiller to be "remembered
for his legacy of service to women, the help he provided for those who
needed it and the love and happiness he provided us as a husband,
father and grandfather."
Roeder had confessed publicly before the trial and
admitted again on the witness stand that he shot Tiller in the head in
the foyer of the Wichita church where the doctor was serving as an
usher. He testified he felt the lives of unborn children were in
"immediate danger" because of Tiller.
Roeder sat straightforward as the verdict was read,
showing no visible reaction as he moved his head toward the judge and
to the jury as each juror confirmed the verdict. He also was convicted
of aggravated assault for pointing a gun at two ushers after the
shooting.
Roeder's attorneys were hoping to get a lesser
charge of voluntary manslaughter for Roeder, a defense that would have
required them to show that Roeder had an unreasonable but honest
belief that deadly force was justified.
But after hearing Roeder testify, District Judge
Warren Wilbert ruled that his lawyers failed to show that Tiller posed
an imminent threat and the jury could not consider such a verdict.
Tiller was one of the nation's few providers of
late-term abortions, and his Wichita clinic was the focus of many
protests. It also had been under investigation by a former state
district attorney who accused Tiller of skirting Kansas' abortion
laws.
Prosecutors were careful during the first few days
of testimony to avoid the subject of abortion and to focus on the
specifics of the shooting. Wilbert said he did not want the trial to
become a debate on abortion, but he did allow Roeder to discuss his
views on the subject because his attorneys said they were integral to
their case.
Roeder, the lone defense witness, testified
Thursday that he considered elaborate schemes to stop Tiller,
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.
"Those children were in immediate danger if someone
did not stop George Tiller," Roeder said. "They were going to continue
to die."
He testified that he wrapped the .22-caliber
handgun in a piece of cloth and buried it in a rural area. The weapon
has not been recovered.
Scott Roeder, Abortion Doctor Murder Suspect,
Warns Of More Violence
By Roxana Hegeman - HuffingtonPost.com
June 8, 2009
WICHITA, Kan. — The man charged with murdering a
high-profile abortion doctor claimed from his jail cell Sunday that
similar violence was planned around the nation for as long as the
procedure remained legal, a threat that comes days after a federal
investigation launched into his possible accomplices.
A Justice Department spokesman said the threat was
being taken seriously and additional protection had been ordered for
abortion clinics last week. But a leader of the anti-abortion movement
derided the accused shooter as "a fruit and a lunatic."
Scott Roeder called The Associated Press from the
Sedgwick County jail, where he's being held on charges of first-degree
murder and aggravated assault in the shooting of Dr. George Tiller one
week ago.
"I know there are many other similar events planned
around the country as long as abortion remains legal," Roeder said.
When asked by the AP what he meant and if he was referring to another
shooting, he refused to elaborate further.
It wasn't clear whether Roeder knew of any
impending violence or whether he was simply seeking publicity for his
cause. Law enforcement authorities including the Justice Department
said they didn't know whether the threat was credible.
Tiller's clinic in Wichita was among only a few in
the U.S. that perform third-trimester abortions. He was shot while
serving as an usher at the Lutheran church he attended.
Asked if he shot Tiller, Roeder replied that he
could not comment about that and said he needed to clear everything
with his lawyer.
Justice Department spokesman Matthew Miller said in
a written statement Sunday that "we take this matter seriously, which
is why the Attorney General ordered increased protection of
appropriate people and facilities last week."
Tiller's clinic had been a target of regular
demonstrations by abortion opponents. Most were peaceful, but his
clinic was bombed in 1986 and he was shot in both arms in 1993. In
1991, a 45-day "Summer of Mercy" campaign organized by Operation
Rescue drew thousands of abortion opponents to Wichita, and there were
more than 2,700 arrests.
The Justice Department opened an investigation
Friday to see if the gunman who killed Tiller had accomplices. The DOJ
said its Civil Rights Division and the U.S. attorney's office in
Kansas will investigate whether the killing violated a 1994 law
creating criminal penalties for violent or damaging conduct toward
abortion providers and their patients.
An attorney for the Tiller family, Dan Monnat, said
he wasn't sure they should be dignifying Roeder's actions and threats
with a response "every time he makes a hare-brained phone call."
"I am hopeful that state and federal authorities,
including Homeland Security, will give Mr. Roeder and his information
a deserving response," Monnat said, declining to elaborate.
Nancy Keenan president of NARAL-Pro-Choice America,
said Roeder's comments "continue to escalate that kind of activity,
that kind of violence. Quite honestly, I think it's imperative for
anti-choice groups to tone down that rhetoric and keep the more
extreme elements in their movement form copying Scott Roeder."
A funeral was held Saturday for Tiller. Most
anti-abortion groups avoided the service, having denounced Tiller's
shooting.
Troy Newman, president of the anti-abortion group
Operation Rescue, read about Roeder's statement and e-mailed The
Associated Press, saying: "This guy is a fruit and a lunatic."
Roeder, a 51-year-old abortion opponent, was
arrested a few hours after the shooting just outside Kansas City.
He told the AP he refused to talk to investigators
when he was arrested, and has made no statements to police since then.
"I just told them I needed to talk to my lawyer,"
Roeder said.
In two separate calls to AP on Sunday morning,
Roeder was far more talkative about his treatment at the Sedgwick
County jail, complaining about "deplorable conditions in solitary"
where he was kept during his first three days there.
Sedgwick County Sheriff Robert Hinshaw said that
Roeder is receiving appropriate medical treatment.
"It is after all a jail, but a modern
state-of-the-art facility with professional staff," Hinshaw said.
"While Mr. Roeder may not care for being in the Sedgwick County jail,
all of our conditions and policies are designed to provide safety and
security for all inmates, staff and public at large."
Roeder said it was freezing in his cell. "I started
having a bad cough. I thought I was going to have pneumonia," he said.
He said he called AP because he wanted to emphasize
the conditions in the jail so that in the future suspects would not
have to endure the same conditions.
Roeder also said he wanted the public to know he
has been denied phone privileges for the past two days, and needed his
sleep apnea machine.
Hinshaw disputed that phone privileges had been
denied.
Abortion Doctor Shot to Death in Kansas Church
By Joe Stumpe and Monica Davey - The New York Times
May 31, 2009
WICHITA, Kan. — George Tiller, one of only a few
doctors in the nation who performed abortions late in pregnancy, was
shot to death here Sunday in the foyer of his longtime church as he
handed out the church bulletin.
The authorities said they took a man into custody
later in the day after pulling him over about 170 miles away on
Interstate 35 near Kansas City. They said they expected to charge him
with murder on Monday.
The Wichita police said there were several
witnesses to the killing, but law enforcement officials would not say
what had been said, if anything, inside the foyer. Officials offered
little insight into the motive, saying that they believed it was “the
act of an isolated individual” but that they were also looking into
“his history, his family, his associates.”
A provider of abortions for more than three
decades, Dr. Tiller, 67, had become a focal point for those around the
country who opposed it. In addition to protests outside his clinic,
his house and his church, Dr. Tiller had once seen his clinic bombed;
in 1993, an abortion opponent shot him in both arms. He was also the
defendant in a series of legal challenges intended to shut down his
operations, including two grand juries that were convened after
citizen-led petition drives.
On Sunday morning, moments after services had begun
at Reformation Lutheran Church, Dr. Tiller, who was acting as an
usher, was shot once with a handgun, the authorities said. The gunman
pointed the weapon at two people who tried to stop him, the police
said, then drove off in a powder-blue Taurus. Dr. Tiller’s wife,
Jeanne, a member of the church choir, was inside the sanctuary at the
time of the shooting.
The police in Wichita described the man who was
detained as a 51-year-old from Merriam, a Kansas City suburb, but
declined to give his name until he was charged. The Associated Press
reported that a sheriff’s official from Johnson County, Kan., where
the man was taken into custody, identified him as Scott Roeder.
The killing of Dr. Tiller is likely to return the
issue of abortion to center stage in the nation’s political debate.
Until recently, President Obama, who supports abortion rights, had
largely sought to avoid the debate. Last month, he confronted the
issue in a commencement speech at the University of Notre Dame, an
appearance that drew protests because of his views. During the speech,
he appealed to each side to respect one another’s basic decency and to
work together to reduce the number of unwanted pregnancies.
Mr. Obama issued a statement after Dr. Tiller’s
killing, saying, “However profound our differences as Americans over
difficult issues such as abortion, they cannot be resolved by heinous
acts of violence.”
Advocates of abortion rights denounced the killing,
saying it would send a renewed, frightening signal to others who
provide abortions or work in clinics and to women who may consider
abortions. Some described Dr. Tiller as one of about only three
doctors in the country who had, under certain circumstances, provided
abortions to women in their third trimester of pregnancy, and said his
death would mean that women, particularly in the central United
States, would have few if any options in such cases.
“This is a tremendous loss on so many levels,” said
Peter B. Brownlie, president of Planned Parenthood of Kansas and
Mid-Missouri, who had known Dr. Tiller for years.
Opponents of abortion, including those here who
have been most vociferous in their protests of Dr. Tiller and his
work, also expressed outrage at the shooting and said they feared that
their groups might be wrongly judged by the act.
Troy Newman, the president of Operation Rescue, an
anti-abortion group based in Wichita, said he had always sought out
“nonviolent” measures to challenge Dr. Tiller, including efforts in
recent years to have him prosecuted for crimes or investigated by
state health authorities.
“Operation Rescue has worked tirelessly on
peaceful, nonviolent measures to bring him to justice through the
legal system, the legislative system,” Mr. Newman said, adding, “We
are pro-life, and this act was antithetical to what we believe.”
By late Sunday, Mr. Newman said, some were already
suggesting that there were links between the suspect and Operation
Rescue. Someone named Scott Roeder had made posts to the group’s blog
in the past, Mr. Newman said, but “he is not a friend, not a
contributor, not a volunteer.”
Dr. Tiller’s death is the first such killing of an
abortion provider in this country since 1998, when Dr. Barnett Slepian
was shot by a sniper in his home in the Buffalo area. Dr. Tiller was
the fourth doctor in the United States who performed abortions to be
killed in such circumstances since 1993, statistics from abortion
rights’ groups show.
Although most of the deadly violence occurred in
the 1990s, advocates said, abortion clinics and doctors have continued
to be the targets of intense, sometimes threatening protests. Some
said they feared that Dr. Tiller’s death might signal a return to the
earlier level of violence. At some clinics on Sunday, administrators
were reviewing their security precautions.
Adam Watkins, 20, one of the church members, told
The A.P. he was seated in the middle of the congregation when he heard
a small pop at the start of the service. An usher came in and told the
congregation to remain seated, and then escorted Mrs. Tiller out.
“When she got to the back doors, we heard her scream,” Mr. Watkins
said.
Dr. Tiller had long been at the center of the
abortion debate here, one that rarely seemed to quiet much in this
southern Kansas city of about 358,000.
In 1993, Rachelle Shannon, from rural Oregon, shot
Dr. Tiller in both arms. Two years earlier, during Operation Rescue’s
“Summer of Mercy” protests, thousands of anti-abortion protesters
tried to block off the clinic, the site of a bombing in 1986.
Friends of Dr. Tiller also described regular
incidents of vandalism at the clinic, and a barrage of threats to him
and his family — threats they say had concerned him deeply for years.
Family members, including 4 children and 10
grandchildren, issued a statement through Dr. Tiller’s lawyer, which
read in part: “George dedicated his life to providing women with
high-quality health care despite frequent threats and violence. We ask
that he be remembered as a good husband, father and grandfather and a
dedicated servant on behalf of the rights of women everywhere.”
In recent years, Dr. Tiller had also been the focus
of efforts by anti-abortion groups and others — including a former
state attorney general, Phill Kline — who wished to see him prosecuted
for what they considered violations of state law in cases of late-term
abortions.
Two grand juries, summoned by citizen-led petition
drives, looked into Dr. Tiller’s practices, including questions of
whether he met a state law requirement that abortions at or after 22
weeks of pregnancy be limited to circumstances where a fetus would not
be viable or a woman would otherwise face “substantial and
irreversible impairment of a major bodily function” — words whose
interpretation were at the root of much debate.
This year, Dr. Tiller was acquitted in a case that
raised questions about whether he was too closely tied to a doctor
from whom he sought second opinions in abortion cases. As recently as
this spring, the State Board of Healing Arts was investigating a
similar complaint against him.
Joe Stumpe reported from Wichita, Kan., and Monica
Davey from Chicago.
Jurors Acquit Kansas Doctor in a Late-Term
Abortion Case
By Joe Stumpe - The New York Times
March 27, 2009
WICHITA, Kan. — After years of investigations and
four days of testimony, jurors here took just 45 minutes on Friday to
acquit a controversial abortion doctor of charges that he performed 19
illegal late-term abortions in 2003.
Kansas law permits late-term abortions when two
independent doctors agree that the pregnant woman would be irreparably
harmed by giving birth.
Prosecutors charged that the doctor, George Tiller,
had an improper financial relationship with a doctor from Lawrence,
Kristin Neuhaus, who provided a second opinion in the 19 cases cited.
Dr. Tiller’s clinic is one of three in the United
States that perform late-term abortions, and he has been reviled by
anti-abortion forces for decades.
In 1986, a bomb exploded on the roof of his clinic
here, Women’s Health Care Services. In 1991, some 2,000 protesters
were arrested outside during summer-long protests; in 1993, Dr. Tiller
was shot in both arms by an anti-abortion activist while driving away
from the clinic. Protests continue there almost daily.
“It’s been a long ordeal for his patients, Dr.
Tiller and his family,” the lead defense lawyer, Dan Monnat, said
Friday outside the courtroom. “They’re just happy it’s over.”
Dr. Tiller could have faced a year in jail and a
$2,500 fine on each of 19 counts.
Two dozen law officers stationed themselves in the
courtroom to maintain order as the verdict was read, and spectators,
most of whom identified themselves as abortion opponents, were
searched before entering. A few appeared to pray, but there were no
outbursts. Anti-abortion protesters demonstrated outside the
courthouse all week.
The Rev. Patrick J. Mahoney, director of the
Christian Defense Coalition in Washington, called the verdict “a
setback.” Mr. Mahoney said that had jurors voted for conviction, “they
would have put him out of business.” But Mr. Mahoney, who had
predicted that the trial would “energize” anti-abortion forces, said
it was a “very technical case” that was not relevant to other legal
and legislative challenges to abortion.
Assistant Attorney General Barry Disney, who
prosecuted Dr. Tiller, said the quick verdict probably resulted from
the fact that the issue before jurors was clear and concise. “There
wasn’t a lot for them to go back there and argue,” Mr. Disney said.
During testimony, both Dr. Tiller and Dr. Neuhaus,
the only witness called by prosecutors, denied that there was anything
improper about their financial relationship. Dr. Neuhaus testified
that she misspoke during a 2006 deposition when she called herself a
“full-time consultant” for Dr. Tiller.
The trial is not the end of Dr. Tiller’s legal
problems. The state Board of Healing Arts is investigating a complaint
that mirrors the accusations made in the trial.
George Richard Tiller, MD (August 8, 1941 –
May 31, 2009) was an American physician from Wichita, Kansas. He
gained national attention as the medical director of Women's Health
Care Services, one of only three clinics nationwide to provide
late-term abortions at the time.
During his tenure with the center, which began in
1975 and continued the medical practice of his father, Tiller was
frequently targeted with protest and violence by anti-abortion groups
and individuals. After his clinic was firebombed in 1986, Tiller was
shot in both arms by anti-abortion activist Shelley Shannon in 1993.
On May 31, 2009, Tiller was shot through the eye
and killed by anti-abortion activist Scott Roeder, as Tiller served as
an usher during the Sunday morning service at his church in Wichita.
Roeder was convicted of murder on January 29, 2010, and sentenced to
life imprisonment.
Career
George Tiller studied at the University of Kansas
School of Medicine from 1963 to 1967. Shortly thereafter, he held a
medical internship with United States Navy, and served as flight
surgeon in Camp Pendleton, California, in 1969 and 1970.
In July 1970, he planned to start a dermatology
residency. However on August 21, 1970, his parents, sister and
brother-in-law were killed in an aircraft accident. In her will, his
sister requested that Tiller take care of her one-year-old son. Tiller
had intended to go back to Wichita, close up his father's family
practice and then go back to become a dermatologist. However, he
quickly felt pressure to take over his father's family practice.
Tiller's father had performed abortions at his practice. After hearing
about a woman who had died from an illegal abortion, Tiller stayed in
Wichita to continue his father's practice.
Tiller's practice performed late-term abortions,
which made Tiller a focal point for anti-abortion protest and
violence. Tiller treated patients who discovered late in pregnancy
that their fetuses had severe or fatal birth defects. He also aborted
healthy late-term fetuses in cases where two doctors certified that
carrying the fetus to term would cause the woman "substantial and
irreversible impairment of a major bodily function."
His practice frequently made him the focus of
anti-abortion groups. The Kansas Coalition for Life kept a daily vigil
outside Tiller's facility from May 9, 2004, until May 31, 2009. The
group known as Operation Rescue held an event called 'The Summer of
Mercy' in July and August 1991, focusing on Tiller's clinic but also
protesting other abortion providers in Wichita, Kansas. Years later, a
branch that split from the main Operation Rescue group moved from
California to Kansas specifically to focus on Tiller, initially named
Operation Rescue West.
Kansas law prohibits abortions after the beginning
of fetal viability unless two doctors certify that continuing the
pregnancy would cause the woman "substantial and irreversible
impairment of a major bodily function." The two consulting doctors
must not be "financially affiliated" with the doctor doing the
abortion. Tiller was charged with 19 misdemeanors for allegedly
consulting a second physician in late-term abortion cases who was not
truly "unaffiliated".
The case became a cause célèbre for both supporters
and opponents of abortion. WorldNet Daily Columnist Jack Cashill
compared the trial to the Nuremberg Trials of Nazi war criminals,
while New York University Professor Jacob Appel described Tiller as "a
genuine hero who ranks alongside Susan B. Anthony and Martin Luther
King Jr. in the pantheon of defenders of human liberty." The trial
took place in March 2009, with the jury finding Tiller not guilty on
all charges on March 27, approximately two months before his death.
Violence directed at Tiller
Throughout his career, Tiller was a frequent target
of anti-abortion violence. In June 1986, his clinic was firebombed.
While it was being rebuilt, Tiller displayed a sign reading "Hell no,
we won't go". On August 19, 1993, Shelley Shannon shot Tiller five
times, while he was in his car. At the time she attacked Tiller,
Shannon had been an anti-abortion activist for five years and had
written letters of support to the convicted murderer Michael Griffin,
who had murdered David Gunn. She called him "a hero."
At her trial in state court, Shannon testified that
there was nothing wrong with trying to kill Tiller. The jury convicted
Shannon of attempted murder, and she was sentenced to 11 years in
prison. The following year, however, Shannon was sentenced to an
additional 20 years in prison on charges of arson, interference with
commerce by force and interstate travel in aid of racketeering in
connection to her participation in several fires and acid attacks on
abortion clinics.
Tiller was also discussed in 28 episodes of the Fox
News talk show The O'Reilly Factor before his death in May 2009,
focusing national attention on his practice. He was sometimes
described as "Tiller the Baby Killer"; show host Bill O'Reilly did not
invent the nickname; previously, Congressman Robert K. Dornan had used
it on the floor of Congress. O'Reilly said he would not want to be
Tiller, Kathleen Sebelius, and other pro-choice Kansas politicians "if
there is a judgment day."
On November 3, 2006, O'Reilly featured an exclusive
segment on The O'Reilly Factor, saying that he had an "inside source"
with official clinic documentation indicating that Tiller performed
late-term abortions to alleviate "temporary depression" in pregnant
woman. Although O'Reilly later denied it after Tiller was murdered, he
repeatedly referred to the doctor as "Dr. Killer" and "Tiller the baby
killer." He characterized the doctor as "a savage on the loose,
killing babies willy-nilly," and "operating a death mill." He accused
Tiller of protecting the rapists of children, and portrayed him as
being a killer beyond the reach of the law: "[O'Reilly] repeatedly
portrayed the doctor as a murderer on the loose, allowed to do
whatever he wanted by corrupt and decadent authorities." He suggested
that Tiller performed abortions for women who had "a bit of a headache
or anxiety" or "feeling a bit blue." Writers have pointed out that
O'Reilly put Tiller into the public eye of a movement known for
assaults and the killings of abortion doctors.
Assassination in May 2009
Tiller was fatally shot through the eye at close
range and killed on May 31, 2009, by anti-abortion activist Scott
Roeder during worship services at the Reformation Lutheran Church in
Wichita, where he was serving as an usher and handing out church
bulletins. After threatening to shoot two people who initially pursued
him, Roeder fled and escaped in a car. Three hours after the shooting,
Roeder was arrested about 170 miles (270 km) away in suburban Kansas
City.
On June 2, 2009, Roeder was charged with
first-degree murder and two counts of aggravated assault in connection
with the shooting, subsequently convicted in January 2010 on those
charges, and sentenced on April 1, 2010, to life imprisonment without
parole for 50 years, the maximum sentence available in Kansas.
Tiller's killing was largely condemned by groups
and individuals on both sides of the abortion issue. US President
Barack Obama said he was "shocked and outraged" by the murder. David
N. O'Steen, director of the National Right to Life Committee, said the
group "unequivocally condemns any such acts of violence regardless of
motivation."
Some others who spoke publicly were more
confrontational. Anti-abortion activist Randall Terry described Tiller
as a mass murderer and said of other abortion providers, "We must
continue to expose them in our communities and peacefully protest them
at their offices and homes, and yes, even their churches," and
Southern Baptist minister and radio host Wiley Drake said, "I am glad
that he is dead."
After the shooting, Tiller's colleague, Leroy
Carhart of Nebraska, stated that Tiller's clinic, Women's Health Care
Services, would reopen after being closed for one week to mourn his
death.[40] The following week, Tiller's family announced that the
clinic would be closed permanently.
In October 2010, it was reported that a federal
grand jury is investigating whether Tiller's murder was connected to a
broader case involving radical anti-abortion activists, according to a
federal law enforcement official familiar with the case.
The aftermath of Tiller's assassination was the subject of the 2013
documentary After Tiller, which followed the daily lives and work of
the four remaining late-term abortion providers in the United States.