Prosecutors seek to limit testimony at resentencing of George Tiller’s killer

Prosecutors are asking a Sedgwick County judge to limit the types of evidence the killer of Wichita doctor George Tiller can use to ask jurors for leniency when his Hard 50 resentencing takes place.

Specifically, the Sedgwick County District Attorney’s Office wants jurors to hear no testimony from abortion opponents, prison staff or anyone testifying about Wichita abortion practices whom Scott Roeder might call to the witness stand, according to an Aug. 8 court filing. The DA’s office contends they’re among groups that “would not appear to have relevant evidence,” according to the document.

Prosecutors also don’t want jurors to hear evidence suggesting Roeder was legally justified in murdering Tiller or descriptions of abortion procedures, according to court records.

Other witnesses Roeder has told prosecutors he wants to testify on his behalf are acquaintances, family members and abortion opponents who can speak to his character, and those who can speak about his employment, education and psychological history, according to the Aug. 8 filing.

Roeder is scheduled to appear in court Friday for discussion over jury questionnaires, according to notations in his court file.

The request to limit witness testimony may be addressed at another hearing scheduled later this month.

His resentencing date has not yet been set.

Roeder, 58, fatally shot Tiller during a Sunday morning worship service at Reformation Lutheran Church in Wichita on May 31, 2009. He maintains he killed the doctor in defense of unborn children after other attempts to stop abortions failed.

Tiller was one of only a few doctors in the United States who performed late-term abortions at the time of his death. His east Wichita clinic, 5107 E. Kellogg, is now home to Trust Women South Wind Women’s Center.

Prosecutors’ request to limit witness testimony is among legal matters that attorneys will hash out before a jury is empaneled to decide whether Roeder should receive a second Hard 50 — life without parole eligibility for 50 years — or the standard sentence of 25 years to life.

District Judge Warren Wilbert imposed Roeder’s initial Hard 50 sentence after a jurors found him guilty of first-degree premeditated murder and other crimes in 2010. But it was thrown out by the Kansas Supreme Court four years later in response to a U.S. Supreme Court ruling that said juries, not judges, must weight facts used to increase a mandatory minimum sentence.

Roeder is serving his prison sentence at Ellsworth Correctional Facility.

This story was originally published September 1, 2016 at 7:12 PM with the headline "Prosecutors seek to limit testimony at resentencing of George Tiller’s killer."