WICHITA, Kan. – A judge says a "necessity defense" in the trial of a man accused of killing Kansas abortion provider Dr. George Tiller is "not viable" under state law.
Tuesday's ruling was another blow to lawyers for 51-year-old Scott Roeder, who has confessed to fatally shooting Tiller on May 31 but says it was necessary to save unborn children.
Judge Warren Wilbert cited state Supreme Court opinions that the "necessity defense" in the case is not viable under Kansas law. But he left open the door to consider whether he will allow evidence on the use of force for the defense of another person.
Earlier, Wilbert denied defense motions to move the trial from Wichita and to ban prosecutors from using pre-emptory jury strikes based on religious or anti-abortion beliefs.