Remember back in November, when I mentioned that the murderer of Dr. Tiller had essentially confessed to doing it- and that he was going to use the "he needed killin'" defense on the grounds that Tiller was going to kill uncounted unborn children?
Several of you, including
filkertom and
flemco, noticed this when it reappeared in the news a few days ago. And a lot of you, including
dvandom, said that case law prohibited the defense.
Well,
you were wrong.Now, according to court procedure, technically this is not a not-guilty defense as such- it's an attempt to plead that the wrong charge has been brought, and that it should be brought down from Murder 1 (life imprisonment) to Voluntary Manslaughter (5-10 yrs.).
BUT...
... now, barring a ruling from an appellate court to block it, the jury is going to get to hear the "he needed killin'" defense.
And no matter what the procedure is,
if the jury votes Not Guilty then the man walks out free and clear, and there will be nothing the law can do about it.
So yes, the threat of open season on MDs in Kansas (and elsewhere) is still very real indeed.