Scott Roeder (mugshot)

Leach, who publishes a newsletter that advocates the doctrine of justifiable homicide in the case of abortion doctors, drafted a legal brief for Roeder arguing that the murder was permissible because it stopped the greater harm of Tiller performing abortions. In order to use the defense, last month Roeder confessed to the Associated Press that he gunned down Tiller.

Leach hoped that by Roeder stipulating the facts of the case and ultimately admitting he committed the crime that the judge would have no choice but to allow the defense, setting a legal precedent that could be used in future trials of abortion activists. He also saw this trial as a “opportunity, through education of both the public and the courts, to end abortion.”

Judges across the country have uniformly rejected that argument. Des Moines attorney Mike Falkstrom called the idea of Roeder using the defense “absurd.”

“Given the facts of Dr. Tiller’s murder, this defense is laughable, and Roeder’s attorneys almost certainly know it,” he said in an e-mail to The Iowa Independent.

The necessity defense is only available when the law recognizes the harm the defendant tried to prevent, Falkstrom said. In fact, he points out that the Kansas Supreme Court has already ruled that the harm or evil which a defendant who asserts the necessity defense seeks to prevent must be a legal harm or evil as opposed to a moral or ethical belief of the individual defendant.

“Abortion is legal in the United States, and is a constitutionally protected activity,” Falkstrom said. “There is no legal harm that Roeder’s killing of Dr. Tiller can possibly be seen as preventing, though Roeder and many others have moral or ethical systems that are opposed to abortion.”

To allow people to assert the necessity defense based solely on their moral or ethical beliefs “invites anarchy into our system,” he said.

“Any would-be murderer of an abortion doctor would know he or she would have a chance at acquittal,” he said. “Many who would otherwise be deterred may be willing to take the risk knowing they could plead necessity.”

Roeder was asking the judge to throw out the rule of law, Falkstrom said, and to give him special treatment because he disagrees with the law making abortion legal. The legal maneuver was simply an attempt to “politicize Dr. Tiller’s tragic murder” and turn “a murderer into a martyr.”

Leach told The Iowa Independent Tuesday night that he hasn’t spoken to Roeder in several days, and thus, doesn’t know how he feels about the judge’s decision. He said several months ago Roeder told him that the public defenders were discussing a plan that would result in a shortened jail term. Leach said he believes that defense will be “voluntary manslaughter.”

Leach characterized the defense as “I honestly thought I did right at the time, but I was stupid,” as compared to the necessity defense, which he characterized as “I did right, and reasonable people will agree, who see the evidence I saw.”

The goal of the first is a reduced sentence, he said, since the crime was committed in the heat of passion. The goal of the second is acquittal, because the crime was justified.

Roeder’s trial is scheduled to start next month.

This Edwards staffer dutifully wore a hot costume all afternoon.

Iowa Attorney General Tom Miller and Iowa House Majority Leader Kevin McCarthy enjoy the day at the steak fry. Miller has endorsed Obama, and McCarthy has endorsed Biden.

Hillary Clinton gives her stump speech at the steak fry.

Chris Dodd discussed the finer foods available on a stick at the Iowa State Fair during his speech at the steak fry.

Head getting sunburned? A fashionable hat can be crafted out of an Obama sign and a few stickers.

John Edwards discusses his health care plan during his speech at the steak fry.

Joe Biden's "Ears of Experience" display.

Biden gives a sobering address on the realities of the situation in Iraq to close out the presidential candidate speeches.

An Uncle Sam costumed steak fry attendee supporting Edwards.

Former Iowa Governor Tom Vilsack and his wife, Christie.

Harkin and guests give a final bow for the crowd to close out the 2007 Harkin Steak Fry.

(Commentary) There’s a logical conclusion to the reckless game of one-upmanship the networks are playing with so-called reality television.