Posted on Thu, Jun. 04, 2009

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Why doesn't the death penalty apply to Tiller suspect Scott Roeder?

Eagle staff

WICHITA - Scott Roeder doesn't face capital murder charges that might bring the death penalty in the shooting death of George Tiller.

District Attorney Nola Foulston has explained that Kansas law limits which kinds of killings can face the death penalty. Tiller's killing, she said, didn't meet any of the criteria required by law.

"Under the facts and circumstances that are known at this time, the election has been to go with a first-degree murder" charge, Foulston said.

First-degree murder can bring a sentence of life imprisonment.

Kansas law allows for seven circumstances in which prosecutors may seek the death penalty. Each requires that the killing be carried out intentionally and with premeditation.

The seven circumstances are:

1. Killing in the commission of a kidnapping

2. Killing as part of a contract or an agreement

3. Killing by a prison inmate

4. Killing a victim of rape or sodomy

5. Killing a law enforcement officer

6. Killing more than one person

7. Killing a child younger than age 14 as part of a kidnapping during the commission of a sexual offense

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