DA speaking after Scott Roeder arraignment

[malaise]

Charged with murder in the 1st degree
two additional counts of aggravated assault
No bond - live on GEM$NBC
Not a death penalty case

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[Bluzmann57]

1. What?!

No charges of domestic terrorism?
And while I don't believe in capital punishment, how can there be no death penalty for a crime like this?

[wndycty]

3. Would domestic terrorism be a state or federal charge?

:kick:

[malaise]

4. I want him in a federal prison cell

all on his own - throw away the key.
He should have been charged with terrorism.

[rvablue]

11. Domestic terrorism would be a federal charge and not filed by a DA and

many states only have the death penalty for murder when it is committed in conjunction with another felony.

Awkward explanation, as I don't know the all the legalese, but this might be the case in Kansas.

[MADem]

2. NOT a death penalty case? I do not understand that.

She left it open to suggest that might change, but I'm still amazed.

Perhaps if we find that he travelled across state lines, plotted with others....there can be a civil rights element applied at the federal level.

That guy looks like a real mouth breather.

[Mr. Ected]

6. My Favorite Mouth Breather:

[malaise]

7. Mug shot?

http://www.ksn.com/Photo.aspx?content_id=873a6403-23a4-44bc-ab6c-e1effa75a1f0

[MADem]

12. He looks less neanderthal in that pic than he did in the arraignment video! nt

[Shrek]

15. Under Kansas law, "capital murder" applies only in specific circumstances

• During a kidnapping for ransom



• During a killing committed under a contract or agreement



• The killing of any person by someone confined in a state correctional institution, community correction institution or jail or while in official custody



• A killing during the commission of, or attempt to commit, a rape or aggravated sodomy of any person



• The killing of a law enforcement officer



• The killing of more than one person as part of the same act or in two or more acts connected together



• The killing of a child under age 14 during a kidnapping or aggravated kidnapping with the intent to commit a sex offense upon the child

Does not appear that the murder of Dr. Tiller applies to any of these.

[MADem]

17. Maybe it does.

During a killing committed under a contract or agreement

There was that phone number in the car. There could have been some sort of agreement or coordination between the Operation Asshole nuts, and if that can be proved, it might be time for the state of Kansas to get out the Big Needle.

[magellan]

5. No domestic terrorism charges like they laid on the guy who shot the 2 recruiters?

:wtf:

edited to replace 'killed' with 'shot' in subject line. I think one of his victims is still alive though critical.

[Shrek]

16. Kansas terrorism statute is specific

21-3449. Terrorism. (a) Terrorism is the commission of, the attempt to commit or the conspiracy to commit any felony with the intent to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of any unit of government.

The may not yet have evidence to show intent to intimidate or coerce. The DA could always amend the charges later if such evidence is forthcoming.

[WeDidIt]

8. Betcha they can't seat a jury who will convict

Worst case scenario, those voting for acquittal outnumber those who vote to convict and convince those who want to convict the only way out of the jury room is to acquit.

[MADem]

13. Good point. You might very well be right--if they went for the death penalty nt

[Junkdrawer]

9. Phone number of abortion clinic bomber on his dash board. Conclusion:

He acted alone.

[devilgrrl]

10. Good to see which side the DA is on!

:puke:

Too bad Mr. Roeder wasn't caught dealing narcotics.

[MADem]

14. To be fair to her, she did say something like "at this time."

It could be they had to lay down charges NOW or let the guy go, so they went for the simplest charge that they could use to justify holding him without bail.

We'll see, though. The DA wasn't forcefully declarative, as if to suggest "These are the charges, and that's that!!!"

[RagAss]

18. Kansas?.....I'm betting he walks.

[Ilsa]

19. Maybe the feds could have a separate trial under something having to do with terrorism? nt