Roeder Conviction Affirmed, Hard 50 Sentence Vacated

The Kansas Supreme Court has affirmed the conviction of the killer of Dr. George Tiller.

The court found no basis for the defense of necessity or imperfect self-defense of others.

Among the other arguments rejected was prosecutorial misconduct in argument

…the prosecutor’s statements, although arguably misconduct, were very mild and were made in response to defense counsel’s argument. Further, the abundant evidence of premeditation made any error in failing to provide a second-degree murder instruction harmless beyond a reasonable doubt. Consequently, especially in light of the overwhelming evidence, we conclude that cumulative error did not affect the trial’s outcome and did not deny Roeder a fair trial.

The court vacated the Hard 50 aspect of the sentence imposed

Since Roeder’s sentencing, we have held that a hard 50 sentence based upon a judge’s own preponderance-of-the-evidence determination that an aggravating factor existed is unconstitutional and must be vacated.

(Mike Frisch)