An anti-abortion activist charged with gunning down a Wichita, Kansas, doctor cannot use the "necessity defense" at trial, a judge ruled Tuesday.
Scott Roeder, 51, is set to stand trial January 11 on one count of first-degree murder in the death of Dr. George Tiller, who was shot to death at his church May 31.
Tiller ran a women's clinic in which he performed abortions.
Tiller, 67, was one of the few U.S. doctors who performed late-term abortions. He had already survived one attempt on his life before he was slain.
Under a necessity defense, a defendant argues an action was justified because breaking the law was more advantageous to society than following it. Several anti-abortion activists facing criminal charges have attempted to use the defense but none has been successful.
In an Associated Press interview last month, Roeder admitted killing Tiller and said he plans to argue at this trial that the shooting was justified.
"Because of the fact preborn children's lives were in imminent danger, this was the action I chose," he said. "... I want to make sure that the focus is, of course, obviously on the preborn children and the necessity to defend them." -For Complete Story See CNN
Scott Roeder, 51, is set to stand trial January 11 on one count of first-degree murder in the death of Dr. George Tiller, who was shot to death at his church May 31.
Tiller ran a women's clinic in which he performed abortions.
Tiller, 67, was one of the few U.S. doctors who performed late-term abortions. He had already survived one attempt on his life before he was slain.
Under a necessity defense, a defendant argues an action was justified because breaking the law was more advantageous to society than following it. Several anti-abortion activists facing criminal charges have attempted to use the defense but none has been successful.
In an Associated Press interview last month, Roeder admitted killing Tiller and said he plans to argue at this trial that the shooting was justified.
"Because of the fact preborn children's lives were in imminent danger, this was the action I chose," he said. "... I want to make sure that the focus is, of course, obviously on the preborn children and the necessity to defend them." -For Complete Story See CNN
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