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Judge Mulls 'Necessity Defense' in Doc Killing

Roeder claims he had to kill abortion physician to save fetuses

By Mary Papenfuss,  Newser Staff

Posted Dec 22, 2009 4:52 AM CST

(Newser) – A Kansas judge will begin hearing motions today about whether or not to allow the killer of an abortion doctor to present a "neccesity defense," claiming that it was necessary to kill the physician to save fetuses. Scott Roeder, 51, has admitting gunning down Dr. George Tiller last spring at the doctor's Wichita church. The prosecution has filed a motion to block Roeder's planned defense. He's scheduled to go on trial next month.

Scott Roeder attends his preliminary hearing in a Wichita, Kan., court in July.
Scott Roeder attends his preliminary hearing in a Wichita, Kan., court in July.   (AP Photo/Jaime Oppenheimer, Pool)
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COMMENTS
Showing 3 of 7 comments
divetrader
Dec 22, 2009 12:52 PM CST
I have heard that necessity defense can only be used if ones own life is in danger. Although Roeders brain might be the size of a pea, he still doesn't qualify as a fetus.
vissequ
Dec 22, 2009 12:49 PM CST
w00t
foodchain11
Dec 22, 2009 12:36 PM CST
He killed someone who did not break the law! Where's the necessity? LIke it or not,it is still the law.
 

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