Roeder will be tried in Sedgwick Co.

Last Update: 12/22/2009 5:28 pm

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Roeder will be tried in Sedgwick Co.

WICHITA, Kansas – The man accused of killing Dr. George Tiller will go to trial in Sedgwick County next month. It comes after a judge ruled in favor of the prosecution on several key motions Tuesday.

A shackled and stoic Scott Roeder entered the courtroom before his attorneys argued there would be no way their client could receive a fair trial in Sedgwick County.

"We've had the local paper, the only paper in town, headlines screaming that Mr. Roeder has confessed to this crime,” said Mark Rudy, defense attorney.

But District Attorney Nola Foulston said Roeder has invited the publicity into the case by repeatedly talking to reporters. She also told Judge Warren Wilbert the prosecution has history on its side.

"From my longevity in prosecuting cases in this jurisdiction, we've not had a change of venue, particularly in large and potent cases, for example State vs. Carr,” Foulston argued.

The judge agreed, saying the case will be tried in Sedgwick County. He also ruled that potential jurors’ abortion views could prevent them from serving if such views would keep them from being fair and impartial.

"People's beliefs have always been a basis to excuse them,” said Assistant District Attorney Ann Swegle. “In death penalty cases, those jurors who say they can't impose the death penalty, if that's what the law requires, can be excused."

Judge Wilbert also favored the prosecution’s request that Roeder not be allowed to use the so-called ‘necessity defense’. Roeder has claimed killing Dr. Tiller was necessary to save the lives of unborn babies. It’s a defense that has never been allowed in a U.S. court.

"The defendant in this case has filed a 100-page brief, which even in that brief he acknowledges that across the United States, that this necessity defense has been denied 100,000 plus times,” said Assistant District Attorney Kim Parker.

Jury selection in Roeder’s trial is scheduled to begin January 11^th.

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