We Will Win

May 30 and 31 are important dates for progressives in Canada and the US.

We remember two heroes: Dr George Tiller, who was vilified, persecuted, and assassinated, and Dr Henry Morgentaler, who had his share of troubles, but who was celebrated and died in his home at the age of 90.

By the way, abortion services have have returned to the very same building Dr Tiller had to turn into a fortress.

We lose some battles, but the war will be won by the sane, compassionate people.

Fetus Fetishists' Tricksiness

Here at DJ! we have (intermittently) followed the career of Arch Fetish Fetishist and Chief Persecutor of Dr George Tiller, Phill Kline.

It is with great satisfaction that we report today that Phill has had his legal nads nipped.

The Kansas Supreme Court on Friday suspended the law license of former state Attorney General Phill Kline for misconduct in connection with his prosecution of abortion providers, including the late George Tiller.

The court unanimously found that Kline’s “overzealous advocacy” and “improper motives” led to “significant and numerous” violations of professional conduct, which the court deemed “particularly troubling in light of his service as the chief prosecuting attorney for this state and its most populous county.”

Kline, whom Operation Rescue named “Man of the Year” in 2006, prosecuted cases involving Planned Parenthood and Tiller, who was one of the country’s few remaining late-term abortion providers before he was murdered by an antiabortion activist in 2009.

Shortly after being elected in 2002, Kline began an investigation into Tiller’s clinic, eventually obtaining patients’ personal medical records. Many of these documents were later leaked to Fox News’ Bill O’Reilly, though Kline denied he was the source of the leak.

The case against Tiller was eventually thrown out by the Kansas Supreme Court.

Regular readers may remember that we ascribe a great deal of the blame for Dr Tiller's assassination to Bill O'Reilly, armed by Phill Kline.

Disbarred!

In other news of fetus fetishist tricksiness, the loophole the Fetal Gore Porn Gang, who have been plaguing the good citizens of Hamilton, Ontario, for the past month, is revealed.

Officials can't nab them for interfering with city property when they hang their gory banners because:

But protesters aren’t attaching the banner to any city property — instead, they’re tying the banner to their bodies and standing next to the edge of the overpass. That technicality ties the city’s hands, says Ward 7 Coun. Scott Duvall.

“We were hoping to get them on the sign by-law, but they are not hanging these signs on public property, they are attaching the signs to their bodies,” Duvall told CBC Hamilton.

“I have received many phone calls and emails on this. I have contacted our bylaw staff and they have stated to me there is nothing they can do.”

Anti-choicers must lie and cheat because there is no logic or sanity to their 'arguments'.

And today we have two splendid examples of it.

(As if any more were needed.)

Juxtapose: Morgentaler and Tiller

Nothing could be starker in a comparison between the US and Canada.

Yesterday, Dr Henry Morgentaler died at home at the age of 90. (The best profile I've read is by Sandra Martin.)

Four years ago tomorrow, Dr George Tiller was gunned down in the vestibule of his church.

In coverage of Dr Morgentaler, Canadian media seem to want to stir things up, giving equal time to fetus fetishists to sanctimoniously offer condolences while lying their asses off about the growing strength of their movement.

Here's CBC's Power and Politics interviewing Carolyn Egan and Alyssa Golob.

Really? @pnpcbc had a fetus fetishist on? OK then, when Nelson Mandela dies, they'll have have a KKKer, right? #WhatFuckingYearIsIt #cdnpoli

— Fern Hill (@fernhilldammit) May 29, 2013

But here is the thing. Despite anti-choice lies and sneaky back-door attempts to reopen the debate, abortion is a totally dead issue in Canada.

In fact, support for unrestricted abortion is actually 'skyrocketing'. From October 2012:

A Forum Research poll for the National Post recently asked 1,735 randomly selected Canadians 18 years of age or older when abortion should be legal.

A full 60% of Canadians said always.

That’s surprisingly high. Even more surprising: That number’s skyrocketed in recent months. In a similar Forum poll conducted last February, only 51% of Canadians took that position.

Yes, we have more work to do on access. And yes, we will remain eternally vigilant because the fetus fetishists will NEVER give up.

But Canada is undoubtedly pro-choice. And we have Dr Morgentaler and countless others to thank for that.

Just say 'no', Canada

So, last night on Twitter, SUZYALLCAPSLOCK, as @roseblue, was squatting on the #M312 (Woodworth's Wank) hashtag in a prolonged fit of echolalia, obsessively repeating her mantra: 'It is *so* human. It's a fact.' Over and over and over again.

I got a little annoyed and decided to post links to Canadian Cynic's scathing take-down of her endorsement this past January of a USian hit list for abortion providers. SHE thinks we should have one here too. I thought that maybe people on the fence on M312 ('what's the harm in discussing when life begins?') might be interested in the sort of person who is fanatically in favour of it. And, in particular, what a lying, eliminationist nutbar SHE is.

By the way, I think desperation is setting in to the pro-M312 camp as they realize the truth of what Chantal Hébert said on May 11. They are going to lose. Big. Time.

A defeat this time — at the hands of the most socially-conservative friendly majority government in decades — would be a crushing blow to the anti-abortion cause.

It could be construed as its biggest setback since the Supreme Court ruling.

Given the active opposition of the prime minister to the motion, it would likely put the issue to rest at least in Parliament and, if not for all time, at least for the rest of his term in office.

This morning it dawned on me that today is the *third* anniversary of the assassination of Dr George Tiller. A man who had been targetted and hit-listed by the very group behind the new hit list SHE endorses. His murderer was, in fact, aided by a member of Operation ReScum.

What do we call that again? Oh yeah. Terrorism enabling.

While we in Canada have our insane fetus fetishists, overall we are not nearly as nutz as the US.

And we are not nutz because, well, we're Canadian, but also because abortion is a settled matter here.

Settled. As in, been there, done that.

No abortion doctors or clinics have been attacked here for years and years.

Let's keep it that way. Don't let the terrorism enablers have a platform for their hate and insanity.

Fuck the debate.

Assassination-Enabling Legislation

Now, if Scott Roeder had only waited a bit and lured Dr. George Tiller to South Dakota, that 'justfiable homicide' defense would have worked jim-dandy-great.

A law under consideration in South Dakota would expand the definition of "justifiable homicide" to include killings that are intended to prevent harm to a fetus—a move that could make it legal to kill doctors who perform abortions. The Republican-backed legislation, House Bill 1171, has passed out of committee on a nine-to-three party-line vote, and is expected to face a floor vote in the state's GOP-dominated House of Representatives soon.

The bill, sponsored by state Rep. Phil Jensen, a committed foe of abortion rights, alters the state's legal definition of justifiable homicide by adding language stating that a homicide is permissible if committed by a person "while resisting an attempt to harm" that person's unborn child or the unborn child of that person's spouse, partner, parent, or child. If the bill passes, it could in theory allow a woman's father, mother, son, daughter, or husband to kill anyone who tried to provide that woman an abortion—even if she wanted one.

Jensen did not return calls to his home or his office requesting comment on the bill, which is cosponsored by 22 other state representatives and four state senators.

"The bill in South Dakota is an invitation to murder abortion providers," says Vicki Saporta, the president of the National Abortion Federation, the professional association of abortion providers. Since 1993, eight doctors have been assassinated at the hands of anti-abortion extremists, and another 17 have been the victims of murder attempts. Some of the perpetrators of those crimes have tried to use the justifiable homicide defense at their trials. "This is not an abstract bill," Saporta says. The measure could have major implications if a "misguided extremist invokes this 'self-defense' statute to justify the murder of a doctor, nurse or volunteer," the South Dakota Campaign for Healthy Families warned in a message to supporters last week.

The Excited States is becoming unrecognizably insane.

ADDED: PZ Myers's take.

Reminder: The Assassination of Dr Tiller

Tonight, 9 p.m. EDT.

Yahoo! Ham Sandwiches All Round!

Short squib from AP:

A federal grand jury is investigating whether last year's murder of a Kansas abortion doctor was connected to a broader case involving radical anti-abortion activists, a federal law enforcement official familiar with the case said Friday.

The official, who spoke on condition of anonymity, said several federal civil rights prosecutors were holding grand jury proceedings in Kansas City, looking into whether a broader case surrounded the May 2009 death of Dr. George Tiller. Tiller was among the few late-term abortion providers in the U.S. before he was fatally shot in his Wichita, Kan., church by anti-abortion activist Scott Roeder.

Back in February, we noted that a federal prosecutor was sitting in on Roeder's trial.

One of the offences he -- and hopefully the whole gang of confederates and enablers -- could be charged with is violation of the federal Freedom of Access to Clinic Entrances Act. These scumbags need to be taught that there are serious repercussions to cheerleading violence against medical practitioners. It's probably too much to hope for, but we've got our fingers crossed that the feds go after the biggest loudmouth of them all.

And we're hoping that the feds have a good prosecutor on the case.

An aphorism in criminal law states that "A good prosecutor could get a grand jury to indict a ham sandwich."

MORE. Yup, it seems they're looking for a conspiracy. Two of Roeder's former roommates say they've testified. One named Tim Parks said:

“Based on the questions they asked, they are looking into whether others were involved,” Parks said. “It appeared to me that they are trying to find or fabricate a conspiracy.”

The Justice Department and FBI declined to comment.

Also called to appear were members of Roeder's bible study group.

The grand jury hearing apparently focused not on Roeder’s friends in the anti-abortion movement, but on the Bible study group.
. . .

Parks said the federal investigators asked him numerous questions about Roeder’s associates.

“They said something like, ‘Scott doesn’t seem like a lone gunman. He’s not a doer, he’s a follower.’ ”

And inquiring minds would like to know -- a follower of whom?

Is God being cruel to Scott Roeder?

After all, the murderous fetus fetishist claimed to have acted in His Name.

Alas, His servant is now serving time in jail and Roeder does not like it one bit; he has filed a complaint about his treatment there.  The news report is followed by comments such as:

On a certain level, I have compassion for any human being in prison. I would never wish prison rape or any of the other horrors of our American prisons visited on anyone, not even Roeder.

But I sure do not feel sorry for him now that the reality of life in prison has so thoroughly cleared his mind of the religious delusions.

I just want to say: Scott Roeder, you should have left "God's work" to him. God can manage his own universe without your help, thank you very much. If you had minded your own business, Dr. Tiller would still be alive - women would still be able to recieve the medical help they need - and you would still be free to roam happily about the country as a crazy person.

Too late now for regrets. Enjoy your new accomodations provided by the good citizens of the State of Kansas. And by the way, there are innocent people in prison who are doing their time like men, so sit down and shut up. You deserve to be there.

&

I wonder if he has ever stomped his way back to his cell, whining "I wish I'd never been born!"

How long will it take before Roeder starts trading information about the nature of the support his accomplices provided in the killing of Dr Tiller, in exchange for "better" treatment?

We do hope that the caged bird will sing - loudly.

Un grand merci to our regular reader Croghan for the tip.

Hard 50!

Scott Roeder, confessed assassin of Dr George Tiller, will be 102 years old before he is eligible for parole.

Good.

Kansas is not a death penalty state (surprised? I was), but it does have a mandatory life sentence for first-degree murder, the crime Roeder was convicted of last January (plus two counts of attempted murder of the witnesses, additional year each for those).

The only discretion the judge, Warren Wilbert, had in sentencing was whether to grant eligibility for parole after 25 years or after 50 years, the so-called 'Hard Fifty'.

The judge figured that stalking the doctor for months and choosing to kill him at his church because his clinic was 'like a fortress' -- gee, who's to blame for that? -- merited the extra 25.

At the sentencing hearing, the judge allowed a couple of fellow and sister fetus fetishists to testify -- as long as they stuck to Roeder's character and stayed off the subject of abortion, which they seemed to have done.

Then he let Roeder himself speak.

In his statement before the court Thursday, Roeder said he didn't think he deserved the Hard 50. He claimed his views had been silenced by the court. He described late-term abortion procedures. He claimed he killed Tiller "so he couldn't kill again." The decision was to do so was most agonizing. He called Tiller a "hit man" for the state of Kansas and spoke of judgment day coming and God avenging the deaths of aborted babies. Then he started reading from 'Why shoot an abortionist?' by Paul Hill, who was executed for murdering an abortion provider.

And it went on and on and on. It was as if Roeder were trying to filibuster his way out.

Judge Warren Wilbert grew tired of it all.

It ended thus:

The judge and defendant engaged in a dialogue when Wilbert stopped Roeder from criticizing a sitting district attorney.

"If you were to obey the higher power of God, you would acquit me," Roeder said.

"If you think you were going to convince me with some oratory plea, it's not going to happen," Wilbert said.

There are other accounts of his biblical ravings, complaints about not being allowed to show aborted fetus pr0n to the court, and his likening of himself to jeezuz, which I'll spare you.

All of which prompted a a columnist in the Kansas City Tribune to claim that the sentence was wrong. Roeder is nuts, he says, and should have presented an insanity defense.

If Roeder is mad, it's a virulent and common strain of insanity, particularly in the Excited States. Viz., the Tea-Baggers.

Let's have a look at LifeShite's spin:

Scott Roeder, the former militia activist not affiliated with any pro-life organization, was sentenced to life in prison today for the 2009 murder of late-term abortion practitioner George Tiller.

The rest of the piece makes absolutely no mention of his ranting, his claims to Christianism, or reading of Paul Hill's book. Just a simple murder, justice done, nothing to see here, move along, folks.

What we at DJ! want to know is: are there conspiracy charges in the works for his f.f.friends? And how about federal charges under the FACE Act? Yes, FACE is meant to protect clinics and Dr Tiller was murdered at his church, but couldn't there be a cogent argument made that FACE applies precisely because Dr Tiller and other abortion doctors are forced to turn their clinics into fortresses, a fact FACE's existence recognizes? And therefore determined assassins must stalk their victims to other killing zones?

I'm wondering, though, if the additional 25 years will act as a deterrent to other would-be martyrs. Would someone stop and think: 'OK, I'm prepared to risk throwing away 25 years of my life, but 50? Hell, no!'

I don't think so, either.

Guilty, but no pro-choice terrorist

Harlan Drake, confessed killer of two men, Mike Fuoss and anti-abortion harasser Jim Pouillon has been found guilty of first-degree murder.

Drake's lawyers offered an insanity defense and the man sure had some awful events in his life. The prosecution presented evidence of premeditation -- Drake talked about 'doing something' about Pouillon the day before -- that seems to have convinced the jury.

Jim Pouillon is the guy the fetus fetishists -- SUZY ALLCAPSLOCK was one -- wanted to put up for sainthood. And in general the FF media tried to equate the murder of Dr George Tiller to Pouillon's murder.

And they're still doing it. Under a headline Pouillon Murderer: I Don’t Feel Bad:

Drake also revealed that he first targeted Pouillon because of his pro-life activism, and that he decided to kill Fuoss, against whom he had a grudge, only after he shot Pouillon and realized that he had nothing to lose.

Let's have a look at what Drake said according to a local paper:

He told jurors he had, on multiple occasions, asked Pouillon to “pick a better sign” for his protests. When he was shot and killed, Pouillon was carrying a sign that had an aborted fetus on one side, and the picture of a healthy baby on the other.

“I didn't feel that's right to show children, especially younger children,” Drake said.

However, Drake said he had no opinion on the issue actually addressed by the sign.

“As a man, I don't feel I have a right to have an opinion on that,” Drake said.

Hm. No opinion on abortion. Just really hated those gory signs. Remember that Pouillon regularly protested at a local school and, in fact, that's where he was killed.

But, still, Drake must have been a monster, right?

Harlan Drake said he feels he deserves the death penalty for gunning down two men on Sept. 11, 2009, and said he is not a "safe person" to be on the streets.

(There is no death penalty in Michigan.)

Oh, and that 'I don't care' headlline? Here's how that was reported:

Drake told the court he is not sad his victims, anti-abortion activist James Pouillon and gravel pit owner Michael Fuoss, are dead, and said he shot the men in a way to ensure they would die quickly and not suffer.

A fucked up guy, obviously. But not a pro-abortion terrorist, no matter how many lies the fetus fetishists fling around.

If you want to read detailed coverage of the trial, there's a round-up of links here.

Michigan 'Pro-Abort' Trial Begins

The trial of Harlan Drake, the man who confessed to the murder of two men in Michigan, one of them a proposed anti-abortion martyr/saint, has begun.

The deatils in the testimony so far are pretty sad. Drake apparently considered suicide by cop but decided against it. Police have testified that Drake was totally cooperative during the arrest and questioning.

Remember that these events happened fairly soon after the assassination of Dr George Tiller and the fetus fetishists were thrilled to declare this a totally equivalent instance of 'pro-abort' violence.

So, was Harlan Drake a pro-abort? (What is it with rightwingnutz and multisyllabic words?)

Drake told police he's "not against anti-abortion" but didn't like that Pouillon showed graphic signs to children in front of Owosso High School. The evening of Sept. 10, 2009, Drake said he intended to kill Pouillon if he saw him at the school the next day.

"I figured if he was there, I'd make sure he wasn't there (again)," he said in the taped recording.

It was after the shooting of Pouillon that Drake decided to kill Fuoss, who formerly employed Drake, his mother and brother, he told police. He said since he was "in for one" by killing Pouillon, he might as well be in for three.

Drake's lawyers are planning a temporary insanity defence.

Yeah.

With Friends Like These. . .

Catching up on Roeder now.

First, it is still possible that federal charges will be laid against him.

For a week, a federal investigator sat in a Wichita courtroom and listened to testimony that Scott Roeder murdered abortion provider George Tiller.

Even after the conviction came a week ago, federal investigators are still at work.

They are looking into whether the 51-year-old Kansas City man truly acted alone; at least one Roeder supporter made a striking comment about the crime last week. They might consider federal charges against Roeder as well.

It's happened before: Two other anti-abortion activists who killed abortion providers in the 1990s were charged with violating the federal Freedom of Access to Clinic Entrances Act, signed into law in 1994 to prevent clinic violence. Like Roeder, the activists also were convicted of state murder charges.

Why push for federal charges when prosecutors already are assured of a long sentence?

"Additional penalties that can be assessed," said Richard Levy, a University of Kansas law professor who followed Roeder's trial. "That way, they could avoid any chance of him ever being paroled.

"Another reason for a federal prosecution is that if there might be others involved, a federal case might provide a vehicle for getting that information, whereas the state may not have an interest or the wherewithal to investigate a conspiracy that involves people in several states."

Well, we know good and well others were involved.

Federal authorities last week heard Roeder tell jurors that he began thinking about killing Tiller as far back as 1993, when Rachelle "Shelley" Shannon shot Tiller in both arms as he was leaving his clinic. During cross-examination by Sedgwick County District Attorney Nola Foulston, Roeder said he sought out people who shared his belief that killing abortion providers was an act of justifiable homicide.

Roeder testified that he visited Shannon in prison in Topeka and that he admired her for shooting Tiller. He also said he and Shannon applauded others who had been involved in abortion-related violence.

"And these individuals were people you might have counted among your friends?" Foulston asked.

"Yes," Roeder replied.

On February 2, Shannon issued a statement from prison.

In her e-mail, Shannon said the judge had been influenced by media and abortion rights activists who said that if Roeder had been allowed to use that defense more abortion doctors would be killed.

"Abortionists are killed because they are serial murderers of innocent children who must be stopped, and they will continue to be stopped, even though Scott didn't get a fair trial," she wrote. "May God bless Scott for his faithfulness and brave actions and stand."
. . .
FBI spokeswoman Bridget Patton said Shannon's e-mail was not specific enough to require investigation.

We remember nutbar Shelley Shannon, don't we? She was going to contribute her prison cookbook for the aborted (snerk) fundraiser for Roeder's legal costs.

And speaking of legal matters, Roeder's lawyers yesterday signalled their intent to ask for a new trial or order of acquital.

Among other reasons, they cite a decision by the judge at Roeder's trial last month to not allow jurors to consider a lesser charge of voluntary manslaughter.

Apparently, such moves are routine, but the lawyers might wish they'd checked on what one of their client's good friends was up to yesterday.

Army of God associate and good buddy of Roeder's, Dave Leach, posted a YouTubed interview with Roeder.

As he awaits sentencing for first-degree murder, Scott Roeder said in an interview released Monday that he has little sympathy for Wichita abortion doctor George Tiller’s family.

“The fact that George Tiller was involved in the practice that he was, similar to that of a hit man, if you could have sympathy for a hit man’s family, that is the sympathy I would have,” Roeder told anti-abortion activist Dave Leach in interviews recorded last week from jail. “If they would have talked the man into stopping his practice many years ago, this would not have had to happen.”

Leach intends to post a series of such interviews.

But this may not be such a shit-hot good idea.

Carl Tobias, a law professor at the University of Richmond School of Law, said Roeder’s statements could be used against him at his sentencing.

“Typically, in this kind of case, the defendant would want to do everything he or she could do to avoid a stiff sentence,” Tobias said. “So what lawyers tend to advise their clients — and clients usually follow their advice — is to say nothing, just because of the concern about prejudicing the sentencing.”

However, he added: “There hasn’t been very much that’s been normal about this case.”

I ask you -- could Scott Roeder be a more perfect patsy for the fetus fetishists?

Roeder Verdict

I've already said that I've been a bad blogger lately. So, catching up.

The Roeder verdict.

To no one's surprise, he was found guilty. What has been commented on is the speed.

The jury took just 37 minutes to convict born-again Christian Scott Roeder for shooting George Tiller, 67, in the forehead as he attended church last May. Roeder, a 51-year-old airport shuttle driver, faces a mandatory life sentence with the possibility of parole after 25 years.

While there was some alarm when the -- as it turns out, very conscientious -- judge allowed the defendant to offer his 'justification' for the assassination, after Roeder's testimony the judge nixed that.

"It would be hard for a reasonable fact-finder to find anything other than the defendant formulating his belief and then planning on multiple occasions ... to carry out his intention to [kill] Dr Tiller," the judge said. Roeder did not deny it.

One wonders why Roeder didn't go for the mad as a hatter defence.

He told the court that he had made up his mind 17 years ago to kill Tiller, who was one of only three doctors in the US to carry out abortions late in a pregnancy.

Roeder said he considered hiding on a roof looking down on Tiller's clinic in Wichita to shoot him with a sniper rifle, or smashing his car into the abortion doctor's vehicle and chopping Tiller's hands off with a sword. But Roeder said he abandoned the latter idea because Tiller would still be able to teach others how to carry out abortions. In the end, Roeder walked up to Tiller at the doctor's Lutheran church and shot him in the head.

Now, about whether the anti-choice forces should wear this. Interestingly:

Roeder's lawyer told the jury how his client had grown increasingly frustrated over the years by the continued operation of Tiller abortion clinic despite a vigorous campaign against it by anti-abortionists. The clinic was bombed in 1986 and the focus of a mass blockade five years later.

So. The anti-choicers make big (fund-raising) claims about shutting Dr Tiller down. They don't. Some nutbar gets 'frustrated'. And assassination ensues.

This murder is definitely on them. And Bill Fucking O'Reilly too, of course.

And, today, a jury member speaks.

Abortion?

"It was never spoken of," said the 54-year-old, whose first service as a juror came in a trial that drew reporters and activists on both sides of the abortion issue from coast to coast.

He said the jury discussed only the question of whether Roeder was guilty of first-degree murder for shooting Tiller while Tiller served as an usher in his Wichita church, and whether Roeder was guilty of aggravated assault for pointing a handgun at two people who tried to block his escape.

Because of security concerns, the juror asked that his name not be used. He said he didn't want to take any chances that someone might lash out against him.

The guilty verdict was unanimous from the beginning of the deliberations, he said.

"There wasn't much to argue about."

They found the evidence against Roeder "overwhelming."

That's why it took only 37 minutes to decide, he said.

Then there's this rather chilling -- but really not surprising -- news.

For security during the trial, he said, jurors were picked up at an undisclosed location. Officers carefully checked vehicles used to transport them, passing mirrors underneath.

The measures reassured him.

"We never felt like we were in any danger."

He said he wanted to give "a big thank you" to Sedgwick County sheriff's officers and to District Judge Warren Wilbert, who presided over the trial.

"He was very passionate about our safety," the juror said of Wilbert. "He went to great lengths" to protect the jurors' identities.

So, it is mostly over. The anti-abortion terrorists and enablers did not get the circus they hoped for.

Justice was done and swiftly.

Next, the sentencing. In Kansas, first degree murder merits a life sentence, usually with no chance of parole for 25 years. But there is another option -- something called 'Hard 50'. No chance of parole for 50 years. There's much speculation on whether the prosecution is going for it.

I'm hoping so. Roeder is in his 50s. Hard 50 would about do it for me.

No 'Necessity Defence' for Tiller's Killer

Scott Roeder, confessed assassin of Dr George Tiller, will not be allowed to use the 'necessity defence', a judge has ruled today.

WICHITA — A Sedgwick County district judge ruled this morning that Scott Roeder's murder trial will begin next month in Wichita and limited the use of the so-called "necessity defense."

But Judge Warren Wilbert said he would "leave the door open" for Roeder's defense to present other evidence and arguments that he killed Wichita abortion provider George Tiller in belief that he was saving the lives of unborn fetuses.

That leaves open the possibility that Roeder's public defenders could ask jurors to consider crimes less than first-degree premeditated murder. Kansas law, for example, defines voluntary manslaughter as the "unreasonable but honest belief that circumstances existed that justified deadly force."

. . .

Wilbert said that he will not, however, allow Roeder to use what has been called a "necessity defense," where the defendant claims that he or she broke the law to prevent a greater harm. Roeder has said he killed Tiller to save the lives of fetuses who were being aborted.

But Wilbert said the necessity defense is not recognized under Kansas law, and appeals court have ruled it unacceptable in cases of trespassing on abortion clinics. If courts have ruled it not a viable defense in misdemeanor cases, it wouldn't apply to murder, Wilbert ruled.

Earlier in the day, Wilbert ruled that the defense would not be allowed peremptory jury strikes based on a juror's beliefs about abortion.

More information on the 'necessity defence':

The necessity defense has been used with sporadic and very limited success in the area of civil disobedience since the 1970s. The most common circumstances involve public protests against Abortion, Nuclear Power, and Nuclear Weapons. Virtually all abortion protesters who have tried to avail themselves of the defense have lost. The courts have reasoned that because the right to an abortion is constitutionally protected, it cannot simultaneously be a legally recognized harm justifying illegal action.

Indeed, it was used unsuccessfully by Shelley Shannon who was convicted of attempted murder for the crime of shooting Dr Tiller in both arms in 1993.

We'll be following the circus trial in January.

Dr Tiller's Assassin Confesses

Looks like he's going with the 'imminent danger' defence.

The man accused of shooting a Kansas abortion provider has confessed to the killing to The Associated Press, saying he has no regrets.

In a telephone call from jail today, Scott Roeder told the Associated Press: "Because of the fact pre-born children's lives were in imminent danger, this was the action I chose."

I figured he'd take this route. I hope it works as well for him as it did for Paul Hill.

New York Gets Tough on Anti-Abortion Violence

Here's a direct result of the assassination of Dr George Tiller -- a tough new law in New York intended to protect abortion clinic workers, patients, and volunteers.

Lynne Slepian picks her public appearances carefully — and sparingly — since she was thrown into the public eye after the slaying of her husband, Dr. Barnett A. Slepian, by an anti-abortion activist with a rifle in October 1998.

But she did not hesitate to attend Thursday’s news conference trumpeting the enactment of a law toughening state penalties for violence committed against reproductive health care workers.

“It’s extremely important,” she said of the new law after the news conference. “This is the crux of the whole issue. It’s going to set a precedent for the whole country, we hope. The issue [of clinic violence] is not going to go away. The issue will never go away. Hopefully, strong penalties will decrease the violence.”

The law was championed by Buffalo Assemblyman Sam Hoyt and was passed quickly with support from both parties in the Assembly and the State Senate.

The main provisions of the new law include:

• Causing physical injury to someone at a reproductive health clinic rises from a misdemeanor to a new Class E felony that can lead to a sentence of up to seven years in prison.

• Causing serious physical injury becomes a Class C felony punishable by up to 15 years in prison.

• Repeat offenders can face more serious charges and longer sentences than they now do.

• Volunteers are explicitly covered under the new law, in addition to people providing or obtaining reproductive health care.

And police are taking it seriously.

More than 80 law enforcement officials, reproductive health care providers and advocates from across New York last Wednesday held a conference at state police headquarters to discuss how to better protect reproductive health care workers from anti-abortion terrorism.
. . .

Reproductive service providers such as Planned Parenthood find themselves targeted by anti-abortionists, even if they do not provide abortions, said [deputy secretary for public safety Denise E.] O'Donnell.

"The employees and volunteers who provide reproductive health services face violent rhetoric and threats far too often," Hoyt said. "[The bill's] purpose is to penalize criminal, violent conduct that causes injury to these health care providers and patients."

Some reproductive health care workers shared their stories with police at the conference.

"We had a long history of dealing with harassment," said Paul Drisgula, co-president and chief executive officer of Planned Parenthood Mohawk Hudson in Schenectady County. "We know what works and what doesn't work.

"Over the years, we have developed an incredible communications network," he added. "We wouldn't be able to have the communications that we have without the state police intervening for us."

Maybe the cops in Kansas will get the message.

A week before Dr Tiller's murder, accused assassin Scott Roeder was recognized as a 'regular' and chased away after trying to glue the locks shut at an abortion clinic in Kansas City. The clinic worker properly informed the FBI because damage or destruction at clinics is covered by the federal Freedom of Access to Clinic Entrances Act (FACE). But there was no follow-up.

Remember that Roeder was well-known to the Kansas City FBI. In 2000, he was strongly suspected of glueing locks at the same clinic several times. The vandalism stopped then after the FBI had a word with him.

Lynne Slepian is probably right -- anti-abortion violence will never go away. But cooperation and vigilance from police plus stronger penalties would go a long way to help reduce the potential for it.

Putrid People

JJ has a vid of Olbermann on the latest idiocy from the Tea-Baggers and the Values Voters.

At that Values Voters (ptui) summit, Billo, aka George-Tiller-Assassination-Enabler, was given what JJ calls 'some bullshit "Media Courage" award'. For the first time evah, apparently. Way to en'courage' future assassination-enablers, VV.

But in his acceptance speech, Billo wasn't done villifying the successfully assassinated Dr Tiller. Have a look.



So, what was the heckler saying? Have another look.



These people are simply putrid.

Break out the champers!

Operation Rescue "completely out of money".

The Wichita-based anti-abortion group Operation Rescue says the recession has dramatically hurt fundraising and as a result it's nearly out of money.

President Troy Newman sent out a plea for help to supporters last night, saying he had to borrow money to pay for the letter. "This is the worst financial crisis we've ever faced," he writes.

Of course, Newman also promises that should OP survive, it's about to launch "the most ambitious and most significant project" in its history.

Go to the link for the whole glurgey, whiney letter.

He says Operation Scumbag may have to close.

And he blames it on the recession?

I'd venture the truth is that many, many of his former supporters came to their senses suddenly and realized exactly what their hard-earned dough was paying for.

Domestic terrorism.

Maybe enabling the assassination of Dr George Tiller wasn't such a shit-hot idea, eh, Troy?

Cue the SHRIEEEEEEKING

Grab a pair of these because the SHRIEEEEKING is going to be deafening.

LifeShite: 'Pro-Life Advocate Murdered Outside Michigan School While Protesting Abortion!!!!!111!!!'

Local officials and state police are confirming that a pro-life advocate was shot and killed outside a high school in this Michigan town. The person, who is described as well-known but whose identity has not been released, was shot multiple times while protesting abortion outside Owosso High School.

There is apparently a second shooting that the police are investigating as possibly related. A suspect is in custody.

So, you know this is going to be spun as Just Exactly the Same as the decades-long harassment, stalking, vandalizing, wounding, and finally murder of Dr. George Tiller.

Oh, look.

Father Frank Pavone, the director of Priests for Life, has commented on the shooting in an email to LifeNews.com.

"We do not know the motive yet. But this is a time to console one
another, and to renew our determination to organize peaceful protests," he said. "It is no time for fear."

Pavone called on abortion advocates to comdemn the shooting.

This pro-choice advocate will condemn the shooting IF the accused is found to have acted on pro-choice beliefs.

Ah, looky here.

But [Business manager for Owosso Public Schools Julie] Omer stressed that police are not making any connection between his views and the shooting.

Given what we know about your average anti-abortion harasser/stalker/panty-sniffing busybody, it's not unreasonable to speculate that such a person could have pissed off any number of people around him for any number of reasons.

Or, it could just be ordinary, everyday violence in gun-crazy Excited States.

UPDATE: SUZY ALL-CAPS is 'suspicious'.

I ask myself: Why?

Why this person? Why at that time?

I hope this does not scare any pro-lifers from protesting.

Nah, if pro-liars stop protesting, it will not be on account of fear. According to HER, remember, the supply of abortion providers is NOT affected by fear of anti-abortion terrorism, but by the Stigma/Yuckiness of abortion. I should think pro-liars would quit protesting because of similar Stigma/Yuckiness/Braindeadedness of harassing vulnerable women seeking legal medical care.

UPDATE 2: Lots more info at the Detroit Free Press. The other man shot and killed was the owner of a gravel company. The 33-year-old suspect is the son of a former employee of the company. The pro-liar sounds like your typical clinic harasser.

(Edited to remove fetal porn redirect. Grow up, SUZY.)

'Justifiable Assassination'

Well, you knew this was coming.

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.

I just hope Mr Hirsh is as successful defending Roeder as he was with Hill.

Hirsh has a blog, by the way, for the masochistically inclined.