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Roeder Is Going Down

by Steven C. Day

I know there's a lot of concern out there that Judge Wilbert, a judge who sits right here in my home town of Wichita, Kansas, will send the case against George Tiller's killer to the jury with manslaughter as a possible verdict. Speaking as a lawyer in Kansas (though not a criminal lawyer), let me give you my take.

People in Kansas don't like it when lunatics kill people: go figure.

My guess is that the judge won't ultimately instruct on manslaughter. Even if he does, however, Roeder will be convicted of first degree murder by the jury. There's always the small possibility of a holdout juror (a stealth fanatic who manages to sneak onto the jury), which might necessitate a second trial. The chances of even that happening, however, are extremely low. And that's about as bad as things could realistically go for the prosecution. Manslaughter isn't even a remotely likely verdict.

I've seen this sort of thing play out before. I was once tangentially involved in a tax protest prosecution. The defendant was allowed to put into evidence the movement's literature (the income tax is unconstitutional and all that). He was convinced he'd be acquitted. After all, who likes paying taxes? The jury, of course, convicted him in about ten seconds flat. They pay their taxes and they figured he should do the same.

Well, the folks on the Roeder jury will be people who -- by some massive exercise of self-restraint -- manage to not kill the people they disagree with. They will expect the same of others.

Roeder has confessed to the murder. He's going down.




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Democrats are too timid to

Democrats are too timid to to understand we are at war, and call Conservative Terrorism what it is - Conservative Terrorism.  It's one thing to give this Conservative Terrorist a trial with full legal rights - it's another to allow Conservative Terrorists to feel entitled to one.