Scott Roeder

Background

Scott Roeder was an anti-abortion activist.

The offence

George Tiller, a physician from Wichita, Kansas who was nationally known for being one of the few doctors in the United States to perform late-term abortions, was shot and killed by Scott Roeder.

Tiller was killed during a Sunday morning service at his church, Reformation Lutheran Church, where he was serving as an usher.

Tiller was shot in the head at point blank range; he was wearing body armor, as he had been since 1998, when the FBI told him he was being targeted by anti-abortion militants.

After threatening two others who tried to prevent his departure, the gunman fled in a car. Witnesses described the vehicle as a powder-blue 1993 Ford Taurus.

Investigation

Multiple action groups and media figures labeled Tiller's killing an act of domestic terrorism and an assassination.

Calling the murder “an abhorrent act of violence”, U.S. Attorney General Eric Holder announced: “Federal law enforcement is coordinating with local law enforcement officials in Kansas on the investigation of this crime, and I have directed the United States Marshals Service to offer protection to other appropriate people and facilities around the nation.”

After Tiller's death, officials from Operation Rescue said Roeder was not a contributor or member of the group.

The cell phone number for Operation Rescue's senior policy advisor, convicted clinic bomb plotter Cheryl Sullenger, was found on the dashboard of Scott Roeder's car. First, Cheryl Sullenger denied any contact with Roeder, saying that her phone number is freely available online. Then, she revised her statements, indicating that Roeder’s interest was in court hearings involving Tiller: “He would call and say, 'When does court start? When’s the next hearing?' I was polite enough to give him the information. I had no reason not to. Who knew? Who knew, you know what I mean? ”

Roeder reportedly attended the 2009 trial in which Tiller was acquitted of violating state abortion laws; Roeder called the trial “a sham” and felt the justice system failed in letting Tiller go free.

On May 30, one day before Tiller was killed, a worker at a Kansas City clinic told the Federal Bureau of Investigation that Roeder had tried gluing the locks of the clinic shut, something Roeder was suspected of doing there before years earlier. The Kansas City Star reported that a man of Roeder's description had glued the locks shut at the Central Family Medicine clinic in Kansas City on May 23 and May 30.

In November 2009, Roeder publicly confessed to the killing, telling the Associated Press that he had shot Tiller because “preborn children's lives were in imminent danger.”

In a telephone call from prison, Roeder confessed to the press that he had shot and killed Tiller, and declared that he felt no remorse.

On June 9, U.S. Representative Louise Slaughter sponsored a House resolution condemning the murder of Tiller, which was unanimously passed.

Several pro-life groups claimed to have received death threats in the aftermath of the shooting, some threatening “vengeance” against the pro-life movement.

Although most anti-abortion activists avoided Tiller's funeral, 17 members from the Westboro Baptist Church picketed the funeral. The church members held signs that read “God sent the shooter”, “Abortion is bloody murder”, and “Baby Killer in Hell”.

Arrest

Roeder was arrested within three hours of the shooting and charged with first-degree murder and related crimes two days later.

Scott Philip Roeder (born February 25, 1958) was arrested in Gardner, Kansas, some 170 miles away in suburban Kansas City three hours after the shooting.

In a telephone call to the press from prison, Roeder confessed to the killing.

Trial

Charges and proceedings

In June 2, 2009, the District Attorney of the 18th Judicial District of the State of Kansas filed charges on behalf of the State of Kansas against Scott Roeder consisting of one count first-degree murder and two counts of aggravated assault.

A preliminary hearing was held in Wichita on July 28, 2009.

On January 8, 2010, Judge Warren Wilbert ruled that he would allow Roeder's defense team to argue for a voluntary manslaughter conviction, which in Kansas is defined as killing with “an unreasonable but honest belief that circumstances existed that justified deadly force.”

Jury selection was scheduled to begin Monday, January 11, 2010, but was delayed after prosecutors challenged the judge's decision to allow the defense to build a case for a lesser charge.

Selection proceedings began in closed session on January 12, 2010.

Judge Wilbert ordered jury selection closed to the public and press citing fears jurors would be less than truthful if questioned in public. The Kansas State Supreme Court overturned his order, although parts of the questions to individual jurors remained private.

The court heard opening statements on January 22, 2010.

The defense asked the court to hear the testimony of the former Kansas Attorney General Phill Kline and Barry Disney, a current member of that office. The judge disallowed Kline’s testimony after previewing it, citing that such abortions are legal in Kansas and the possibility of prejudicing the jury.

Roeder took the stand in his own defense on January 28, 2010. At the outset, he admitted to killing Tiller, defended his act as an attempt to save unborn children, and gave his views on abortion.

Under questioning by his attorney, he attempted to describe abortion practices in detail but was repeatedly halted by objections based on his lack of medical expertise.

Following Roeder's testimony, Judge Wilbert ruled that the jury would not have the voluntary manslaughter option.

Verdict

On January 29, 2010, the jury returned a verdict of guilty on all three charges after less than 40 minutes of deliberation.

The jury convicted Roeder of first-degree murder and two counts of aggravated assault.

During his trial testimony, Roeder said that the easiest way was to walk into Tiller's church, put a gun to the man's forehead and pull the trigger. Roeder stated: “Those children were in immediate danger if someone did not stop George Tiller.” “They were going to continue to die.”

Roeder testified he wrapped the .22-caliber handgun in a piece of cloth and buried it in a rural area. The weapon has not been recovered.

Roeder's attorneys were hoping to get a lesser charge of voluntary manslaughter for Roeder, which required showing that Roeder had an unreasonable but honest belief that deadly force was justified; the district judge ruled that his lawyers failed to show that Tiller posed an imminent threat and the jury could not consider such a verdict.

Sentencing

On April 1, 2010, in Wichita, Kansas, Sedgwick County District Judge Warren Wilbert sentenced Roeder to a “Hard 50”, meaning no possibility of parole for 50 years, for the murder of Tiller, the maximum sentence available in Kansas.

In addition, Wilbert sentenced Roeder to a year on each count of aggravated assault. These sentences were for pointing his gun at Gary Hoepner and Keith Martin as they chased him from the church after Tiller’s killing.

Wilbert ordered those sentences to run consecutively to the Hard 50.

Wilbert said that if Roeder lives past 102 then gets parole, he also faces lifetime supervision after his release.

Appeals

Outcome

Roeder was sentenced to life imprisonment without any chance for parole for 50 years.

Aftermath

Reactions to the killing

President Barack Obama said: “I am shocked and outraged by the murder of Dr. George Tiller as he attended church services this morning. However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence.”

Cardinal Justin Rigali stated: “ Our bishops' conference and all its members have repeatedly and publicly denounced all forms of violence in our society, including abortion as well as the misguided resort to violence by anyone opposed to abortion. Such killing is the opposite of everything we stand for, and everything we want our culture to stand for: respect for the life of each and every human being from its beginning to its natural end. We pray for Dr. Tiller and his family. ”

Tony Perkins stated: “ We are stunned at today's news. As Christians we pray and look toward the end of all violence and for the saving of souls, not the taking of human life. George Tiller was a man who we publicly sought to stop through legal and peaceful means. We strongly condemn the actions taken today by this vigilante killer and we pray for the Tiller family and for the nation that we might once again be a nation that values all human life, both born and unborn. ”

The American Jewish Congress stated in a press release that Tiller's murder “exemplifies criminal anarchy, not legitimate protest. Dr. Tiller’s murder was not just a terrible crime against an individual. It was also a crime against our democracy... Murder is not a debating technique. It is never, and must never be, an accepted way of advancing a point of view.”

The National Council of Jewish Women condemned the murder, with President Nancy Ratzan stating: “Dr. Tiller devoted his life to ensuring that women did indeed have choices when confronted with an unintended or untenable pregnancy. His murder – his assassination – is intended to terrorize not only all involved with providing abortions but anyone even remotely associated with abortion rights.”

The Religious Action Center of Reform Judaism also condemned Tiller's murder.

David N. O’Steen, director of the National Right to Life Committee, released this statement on May 31, 2009: “ National Right to Life extends its sympathies to Dr. Tiller’s family over this loss of life. Further, the National Right to Life Committee unequivocally condemns any such acts of violence regardless of motivation. The pro-life movement works to protect the right to life and increase respect for human life. The unlawful use of violence is directly contrary to that goal. ”

Operation Rescue released this statement on May 31, 2009: “ We are shocked at this morning’s disturbing news that Mr. Tiller was gunned down. Operation Rescue has worked for years through peaceful, legal means, and through the proper channels to see him brought to justice. We denounce vigilantism and the cowardly act that took place this morning. We pray for Mr. Tiller’s family that they will find comfort and healing that can only be found in Jesus Christ. ”

Mary Kay Culp, director of Kansans for Life, said that the organization “deplores the murder of Dr. George Tiller, and we wish to express our deep and sincere sympathy to his family and friends. We value life, completely deplore violence, and are shocked and very upset by what happened in Wichita today.”

Randall Terry said: “ George Tiller was a mass-murderer. We grieve for him that he did not have time to properly prepare his soul to face God. I am more concerned that the Obama Administration will use Tiller's killing to intimidate pro-lifers into surrendering our most effective rhetoric and actions. Abortion is still murder. And we still must call abortion by its proper name; murder. Those men and women who slaughter the unborn are murderers according to the Law of God. We must continue to expose them in our communities and peacefully protest them at their offices and homes, and yes, even their churches. ”

Wiley Drake asked on his radio show: “Would you have rejoiced when Adolf Hitler died during the war? ... I would have said, 'Amen! Praise the Lord! Hallelujah! I'm glad he's dead.' This man, George Tiller, was far greater in his atrocities than Adolf Hitler, so I am happy; I am glad that he is dead.”

Anti-abortion militancy and commentary

The Army of God issued a statement calling Tiller's presumed killer an “American hero.”

Reason columnist Jacob Sullum wrote: “if you honestly believe abortion is the murder of helpless children, it's hard to see why using deadly force against those who carry it out is immoral, especially since the government refuses to act.”

In 2007, someone who identified himself as Scott Roeder posted on the website of the anti-abortion group Operation Rescue that, “Tiller is the concentration camp 'Mengele' of our day and needs to be stopped before he and those who protect him bring judgment upon our nation.”

After being charged with murder, Roeder frequently called an Associated Press reporter from the county jail. He complained about being treated like a criminal and about his having been characterized in other media as having been anti-government. Roeder told the reporter: “I want people to stop and think: It is not anti-government, it is anti-corrupt-government.”

Roeder also made threats while in jail. In a call to the Associated Press, Roeder said: “I know there are many other similar events planned around the country as long as abortion remains legal,”

He refused to elaborate further when asked.

Other reported events and background

Lindsey and Scott Roeder were married in 1986, and were together for 10 years.

Lindsey Roeder claimed that Roeder had been suffering from mental illness and that about the age of 20 he was diagnosed with possible schizophrenia, but she offered her own diagnosis of bipolar disorder.

The 2005 Pennsylvania family court which ruled on Roeder's custody petition regarding a daughter born in 2002 took formal notice that Roeder had been diagnosed with possible schizophrenia and was not on medication.

The Associated Press quoted Roeder's brother, David, who said: “However, none of us ever saw Scott as a person capable of or willing to take another person’s life. Our deepest regrets, prayers and sympathy go out to the Tiller family during this terrible time.”

After Roeder's arrest, Lindsey Roeder stated that the explosives which led to his 1996 arrest had been intended for detonation at an abortion clinic.

Lindsey Roeder gave an interview to Anderson Cooper of CNN on June 2, 2009 about when and why her husband became radicalized: “ It was about 1991–92 when he basically couldn't cope with everyday life. He couldn't make ends meet, he couldn't pay the bills and didn't know why he couldn't do that. And someone told him that if he didn't pay his federal taxes, if those taxes were left in his check, he could make ends meet. And then he started investigating that and someone told him that it wasn't ratified properly in the Constitution, that it was illegal. And he went from there and got into the anti-government, got into the militia, got into the Freeman, and along those lines anti-abortion issues came up and he started becoming very religious in the sense that he finally – he was reading the Bible. But then, after we were divorced, his religion took on a whole new right wing of itself. ”

Scott Roeder had worked for an airport shuttle service, a party-rental shop, a convenience store and a property management enterprise in the six months before his arrest.

Roeder claimed to be the father of a young child and asked for time for visitation, but the mother of that child did not wish such visitation.

Scott Roeder had been a member of the anti-government Montana Freemen group.

He was stopped in Topeka, Kansas, in April 1996 while displaying a placard reading “Sovereign Citizen” in lieu of a license plate. He had no driver's license, vehicle registration or proof of insurance. Police officers searching his car discovered explosives charges, a fuse cord, a pound of gunpowder and nine-volt batteries in the trunk.

Roeder was charged, represented by a public defender, convicted in June of all four counts, and sentenced to 24 months probation.

In July 1997, his probation was revoked for failure to pay taxes and provide his social security number to his employer as well as other probation violations.

He was sentenced to 16 months in prison to be followed by 24 months parole supervision.

Roeder filed notice of appeal and was represented by a state-funded appellate attorney who challenged the basis of the original search that found the bomb components.

The Kansas Court of Appeals overturned this conviction in March 1998, ruling that the search of Roeder's car had been illegal and remanded the case to the trial court.

Roeder was released after serving eight months.

According to the Anti-Defamation League (ADL), Roeder belonged to a group called the Sovereign Citizen Movement, which believes that virtually all existing government in the United States is illegitimate.

The ADL's National Director Abraham Foxman stated that “Roeder's attachment to extreme causes extended beyond anti-abortion extremism. His extremism cross-pollinated between anti-government extremism and anti-abortion activism and led to violence and murder.”

David Leach, publisher of Prayer & Action News, told reporters that he and Roeder met once in the late 1990s and that Roeder at that time had authored contributions to Leach's publication.

Leach published the Army of God manual, which advocates the killing of the providers of abortion and contains bomb-making instructions, in the January 1996 issue of his magazine.

A Kansas acquaintance of Roeder's, Regina Dinwiddie, told a reporter after Tiller's murder (speaking of Roeder): “I know that he believed in justifiable homicide.”

Dinwiddie added that she observed Roeder in 1996 enter Kansas City Planned Parenthood's abortion clinic and ask to talk to the physician there; after staring at him for nearly a minute, Roeder said, “I’ve seen you now,” before turning and walking away.

Roeder's former roommate of two years, Eddie Ebecher, who had met Roeder through the Freemen movement in the 1990s, told a reporter after Tiller's murder that he and Roeder had considered themselves members of the Army of God.

Ebecher said Roeder was obsessed with Tiller and discussed killing him, but that Ebecher warned him not to do so. Ebecher, who went by the nom de guerre “Wolfgang Anacon”, added that he believed Roeder held “high moral convictions in order to carry out this act. I feel that Scott had a burden for all the children being murdered.”

Roeder reportedly called for “the closing of his death camp.”

Operation Rescue officials said Roeder was not a contributor or member of the group.

Cultural references

Tiller's assassination inspired an episode of the television legal drama Law & Order entitled “Dignity”.

In that episode, an anti-abortion activist murdered a doctor who performed late-term abortions in New York.

The defense said it was a justifiable homicide, since the murderer did it in order to prevent the doctor from performing a late-term abortion in a specific woman, hence, he did it in defense of another human being.

In the end, the jury decided that the defendant was guilty of murder in the first degree.

The episode's reception was polarized: the pro-life blogosphere appreciated the episode's handling of the abortion issue as a whole, while many pro-choice sources condemned the episode.

The aftermath of Tiller's death was the subject of the 2013 documentary After Tiller, which followed the lives of four other late-term abortion providers after Tiller's assassination.

Other details

In prior reporting, Roeder was described as 51 years old in connection with the trial coverage.

During sentencing coverage, Roeder was described as 52.

During the sentencing hearing, District Attorney Nola Foulston said: “I have to say, Scott Roeder has no regrets and neither do I,”

and: “As I listened to Mr. Roeder, it confirmed my belief he is a person who should not be in our community.”

Roeder interrupted lawyers and the judge and spoke for 45 minutes in an attempt to mitigate his sentence. He read for 30 minutes from a book written by a man executed for killing an abortion doctor in Florida and compared his plight to that of Jesus Christ.

Roeder yelled at prosecutors as sheriff’s deputies pushed him out of the courtroom after he was sentenced: “The blood of babies is on your hands, Nola Foulston . . . and Ann Swegle,”

Tiller’s family said after the hearing ended through attorney Lee Thompson: “This crime was cruel and heinous, not only because it took our husband, father and grandfather, but because it was a hate crime committed against George — against all women and their constitutional rights,”

Thompson quoted: “Dr. Tiller’s story is being told every day in the lives of the women he helped. His legacy cannot be diminished by the act of a single terrorist,”

and: “George Tiller was known as an abortion doctor . . . but he was so much more than that,”

and: “This man did nothing halfway. He was never a halfway father,”

and: “This murder has extinguished this family devotion.”

Judge Wilbert admonished character witnesses that he would not allow them to make political statements about abortion.

Eugene Frye said: “Everyone I’ve talked to about Scott said he was never threatening or mean-spirited to them,” “Not one time did I ever hear him speak of violence to anyone,”

During his statement at sentencing, Roeder yelled that he killed Tiller “to protect unborn babies.”

Judge Wilbert stopped Roeder from disparaging prosecutors. Wilbert said: “You killed Dr. Tiller. You’re not going to politically assassinate Nola Foulston,”

“I’m going to draw the line there.”

Public defenders Steve Osburn and Mark Rudy objected to Wilbert limiting Roeder’s chance to address the court. Osburn said: “This is what he believes,” “This is what he thinks you need to decide on a sentence.”

Wilbert said: “I will accept them and seal them, and they will be part of the record,”

“If you would follow a higher power, you would acquit me,” Roeder told Wilbert.

Wilbert responded: “If you think you’re going to convince me with some last-minute plea, you’re wasting your time,”

When Roeder said he wanted to address expectant mothers, Wilbert stopped him and said: “I’m not going to provide you with an all-night political forum,”

Prosecutor Ann Swegle argued that Roeder does not follow the law of the God he claims to worship and said: “That says ‘Do not kill,’ ”