After vociferously denying a “necessity defense” could be mounted in the case of Scott Roeder, the man accused of shooting Kansas doctor George
Tiller in May, the public defender representing Roeder is fighting prosecutors’ efforts to ban the so-called necessity
defense from his trial, reports the Wichita Eagle.

The Eagle reports:

Defense attorneys for Scott Roeder
filed a motion arguing he has a right to present his defense. Roeder
has publicly said his shooting of Tiller was justified to save “unborn
children.”

The defense motion made public Monday seemingly
contradicts public statements by public defender Steve Osburn that such
a necessity defense did not exist in Kansas law. Osburn declined to
clarify the discrepancy, but suggested he may have used the media to
confuse prosecutors as to his defense strategy.

Court documents argue the state request to ban a necessity defense is intrusive into the defendant’s trial strategy.