Wednesday, January 13, 2010
The New York Times has the story on the Kansas prosecution, headlined Manslaughter Defense Remains Open Issue in Doctor’s Killing. In part:
In a hearing here, Judge Warren Wilbert of Sedgwick County District Court refused a prosecution request to bar the defendant, Scott Roeder, from presenting evidence that might support a voluntary manslaughter conviction. But the judge did not promise to allow such evidence, stating instead that he would make such decisions on a “witness by witness” basis as the trial, set to begin on Wednesday, goes along.
Under state law, “an unreasonable but honest belief that circumstances existed that justified deadly force” can constitute voluntary manslaughter.