Part 2>
Scott Roeders trial & testimony today at the court hearing in Wichita, KS. the end of the day...the beginning is on part 1.
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Read more: http://www.kansas.com/934/story/1156...#ixzz0dxidf9zm
5:30 p.m.
The jury will decide whether or not Scott Roeder is guilty of first-degree premeditated murder and two counts of aggravated assault in the death of George Tiller.
Judge Warren Wilbert will instruct the jury, followed by closing arguments, when the trial resumes at 9 a.m. Friday, weather permitting.
Wilbert ruled that the defendant must have faced an imminent threat of an illegal act. Neither was present here, he said.
He said there was no imminent threat and abortions are legal in Kansas.
5 p.m.
The jury will not be able to consider voluntary manslaughter or second-degree murder in the trial of Scott Roeder, Judge Warren Wilbert has ruled.
When Wilbert called court back to order for jury instructions, public defender Mark Rudy argued that second-degree murder should be included because premeditation is a fact for the jury to decide.
Roeder testified that he "honestly believed" he had to use force, and it was imminent, because he felt it was his only opportunity, Rudy said.
"I don't agree with that, but go ahead," Wilbert said.
Prosecutor Kim Parker argued that second-degree murder shouldn't be included because premeditation is not an issue.
Rudy said that before Roeder took the stand, they informed police where the gun was. Authorities are in Burlington hunting for it now.
4:15 p.m.
On May 30, 2009, the night before George Tiller was fatally shot, Scott Roeder had a restful evening at his hotel watching TV.
"Were you preparing yourself for the next morning?" District Attorney Nola Foulston asked him during cross-examination this afternoon.
"Yes," Roeder replied.
On the morning of May 31, 2009, Roeder said he expected Tiller to be at church. Roeder arrived just before 10 a.m. but didn't remember which door he used to enter the church. He said he went to the restroom, then walked into the sanctuary.
Roeder said he had the gun in his pocket and wasn't wearing a jacket. He didn't immediately see Tiller that morning, he said, but saw then saw him when Tiller stepped into the sanctuary.
"When I saw him, I took action," Roeder said, testifying that he went out the door and looked for Tiller in the foyer.
Roeder said he pulled the gun out of his pocket as he exited the east sanctuary door. He moved quickly.
When he walked out, he saw Tiller in front of him.
"I don't think he was aware" Roeder was there, he said.
Roeder said put the gun to Tiller's forehead and pulled the trigger. Roeder said Tiller stood still what seemed to be three to four seconds.
Then Tiller fell, Roeder said.
Roeder, who appeared more relaxed on cross-examination than on his direct testimony, said he had no fear that morning.
He left in his car and stopped in Valley View, Kan., and bought a pizza.
"Did killing Dr. Tiller make you hungry?" Foulston asked.
"I was hungry," Roeder said.
He added that he "wasn't overly excited" after the shooting.
Roeder said he had planned to come back and get the weapon after he buried it.
Foulston asked if he wanted to keep it as a souvenir. Roeder said no.
"What were you going to do with (the gun)?" Foulston asked.
"Just have it in my possession," Roeder said.
Foulston had Ken Landwehr of the Wichita Police Department step forward and display the knife found under the seat of Roeder's car.
"And you were more comfortable with the gun than you were with this fancy dagger?" Foulston asked.
Roeder replied, "Yes."
The defense shortly thereafter rested its case. Foulston announced that the state has no rebuttal evidence.
Judge Warren Wilbert told the jury he hoped to give them legal instructions and for the lawyers to give closing arguments at 9 a.m. Friday.
Wilbert excused the jury for the evening. He will now discuss legal instructions with the lawyers.
This is where Wilbert will decide whether or not to give the jury the instruction on voluntary manslaughter.
3:30 p.m.
During District Attorney Nola Foulston's cross examination, she asked Scott Roeder if he became familiar with the church and its services on his visits. Roeder said he did.
Roeder said he planned on where to park and backed in to the space for an easy exit.
He also said he went to his brother's home to take target practice to make sure the gun was in proper working order.
Roeder said that the gun jammed, because it wasn't oiled. He and his brother went to Topeka to get the gun fixed and buy bullets.
Roeder said he had the gun in his pocket with his Bible when he visited George Tiller's church on May 24, the day Tiller did not attend church. Answering Foulston's questions, Roeder indicated that he was somewhat frustrated but that he would have come back as many times as needed to get the job done.
Roeder also said that he'd gone to the church armed in August of 2008, carrying a gun in a holster inside his jacket.
During testimony, Jeanne Tiller, George Tiller's widow, looked at the floor and listened.
2:30 p.m.
After Scott Roeder fatally shot George Tiller, Roeder said he wrapped the gun in cloth and buried it in the dirt near Burlington, Kan. Roeder said he disposed of the gun so police wouldn't think he would use it.
"I would not have done anything to them, even if they had tackled me," Roeder said.
He said that in hindsight, he probably should have put his gun down and immediately surrendered.
Public defender Mark Rudy asked Scott Roeder, "Scott, do you regret what you did?"
Roeder responded, "No, I don't."
Roeder said he's since learned that Tiller's clinic has closed, giving him "a sense of relief."
District Attorney Nola Foulston has begun to cross-examine Roeder.
