August 29, 2009

Unjustifiable Defense In Unjustifiable Homicide Case

Abortion is morally wrong. I believe that with my whole heart and soul -- and with my intellect, based upon the clear facts of human development. Indeed, I believe it to be, morally, murder -- especially late term abortions.

That said, i was repulsed by the murder of abortionist George Tiller earlier this year. Not only do I believe the killing of abortionists to be counterproductive for the pro-life cause, but I also find such actions to be every bit as indefensible, morally, as the abortions themselves.

Which is why I'm particularly offended by the planned defense of Tiller's killer.

The suspect in the killing of abortion provider George Tiller is in talks with a prominent attorney who represents anti-abortion protesters and has long advocated justifiable homicide as a legal defense in such cases.

Scott Roeder, 51, has pleaded not guilty to first-degree murder and aggravated assault charges in the May 31 shooting death of Tiller in the foyer of his Wichita church. The Kansas City, Mo., man has refused to discuss his case, but he has told The Associated Press that Tiller's killing was justified to save "the lives of unborn children."

Roeder has court-appointed defense attorneys, but he apparently has now turned to Michael Hirsh, the lawyer who represented Paul Hill on appeal for killing a Florida abortion provider and his bodyguard in 1994. Hill was executed in 2003 after the Florida Supreme Court rejected Hirsh's argument that the judge should have allowed Hill to present to jurors his claim that the killings were justified to prevent abortions.

This move is shameful -- as is the defense.

While I suppose one could, in theory, make the case for justifiable homicide in the event that Tiller had been about to take the life of some poor child at his abortion mill (justifiable homicide requires imminent danger to oneself or another), that was not the case here, with Tiller having been killed away from his place of business on a day it was closed. And there is the little detail that the action of the victim in this case was legal, which would also mitigate against a not guilty verdict.

I therefore condemn any effort to make a case for justifiable homicide at Roeder's trial. I urge the judge to ban any effort to make such a defense. After all, what Scott Roeder did was commit cold-blooded murder. he should pay the appropriate price.

Posted by: Greg at 01:43 PM | No Comments | Add Comment
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