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WICHITA, Kan. - A judge on Tuesday ruled that a "necessity defense" in the trial of a man accused of killing Kansas abortion provider Dr. George Tiller is "not viable" under state law.
The ruling was another blow to lawyers for 51-year-old Scott Roeder, who has confessed to fatally shooting Tiller on May 31 but says it was necessary to save unborn children.
Judge Warren Wilbert cited state Supreme Court opinions that the "necessity defense" in the case is not viable under Kansas law. But he left open the door to consider whether he will allow evidence on the use of force for the de
Prosecutors have overwhelming evidence against Roeder, chiefly the witnesses who identified him during a July preliminary hearing as the shooter. Legal experts have said prosecutors likely will want to keep the trial limited to a straightforward murder case and avoid a discussion of abortion.