January 28, 2010
Posted: 10:19 PM ET
Wichita, KS - After a hard fought legal battle on both sides, the jury will not receive an instruction on the lesser included offense of voluntary manslaughter in the first degree murder trial of Scott Roeder.
Public defenders in the case had wanted the jury to be able to consider Scott Roeder's unreasonable but honest belief that he was justified in killing abortion provider, Dr. George Tiller, to save the lives of unborn babies. That would have put Roeder behind bars for about five years.
The jury will now only consider if Roeder is guilty of first-degree murder along with aggravated assault against two other church ushers. Maximum punished for these charges is life in prison.
Roeder killed Tiller on Sunday morning May 31, 2009, as Tiller was serving as an usher in the Reformation Lutheran Church in Wichita.
Closing arguments are set for Friday morning.
– Jean Casarez, In Session Correspondent
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