The emotionally and politically charged trial of Scott Roeder, accused of killing abortion provider Dr. George Tiller, became even more tense last week when Judge Warren Wilbert indicated that he might be receptive to evidence supporting a theory of voluntary manslaughter instead of first degree murder. The trial was delayed yesterday in order to hold a hearing on the question. Under Kansas law, voluntary manslaughter is defined as "an unreasonable but honest belief that circumstances existed that justified deadly force.” Defense attorneys are arguing that Mr. Roeder honestly believed that in killing Dr. Tiller he was preventing the deaths of unborn children.
The fact that the judge would even consider such a defense has set off howls of protest in the pro-choice camp and left pro-lifers pleasantly surprised at the unexpected victory. Pro-choicers argue that permitting such a defense will embolden others who wish to do violence to abortion providers and legitimize the use of violence. See the New York Times article here.
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