A Colorado judge ruled Thursday that Robert Lewis Dear Jr., the man who has admitted to killing three people during a siege of a Colorado Springs Planned Parenthood, is still not legally competent to stand trial. Dear faces 179 criminal counts, including murder and attempted murder, for the November 27, 2015 attack.
This was the second time Judge Gilbert Martinez has made such a determination. In May, Martinez made the ruling following two days of hearings where forensic pathologists told the court that Dear’s extreme political beliefs amounted to a delusional disorder sufficient to render Dear incompetent for trial.
Dear had previously told law enforcement officers and state mental health evaluators that he believed the federal government was persecuting Christians.
During Dear’s May competency hearing, Dear argued his attorneys were seeking a ruling of legal incompetence over his objections. Dear said during that hearing that he instead wanted to put forward a defense during trial that his actions were legally justified to prevent the greater evil of Planned Parenthood “selling baby parts,” a claim based off a series of discredited videos that claimed the reproductive health-care provider was illegally profiting from fetal tissue donations.
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Multiple state and federal investigations have not found any wrongdoing with regard to Planned Parenthood’s fetal tissue donation program.
Dear’s proposed “justified homicide” defense is the same on that Scott Roeder, the man who murdered Kansas abortion provider Dr. George Tiller in 2009, tried to raise during his trial. Operation Rescue President Troy Newman had also advocated for the murder of abortion providers under the theory that killing abortion providers prevents the so-called greater harm of those providers performing legal abortions. He has since walked back those statements. Newman is an advisor to David Daleiden, the anti-choice activist behind the videos Dear referenced to law enforcement.
Dear’s Colorado siege was not his first alleged anti-choice action. Court records show Dear had superglued locks at an abortion clinic in South Carolina and deeply admired Paul Hill, a former minister who was executed in 2003 for the 1994 murders of Florida abortion provider Dr. John Britton and Britton’s bodyguard.
As a result of Thursday’s ruling Dear will remain in a Colorado state mental health facility until his next evaluation by the court, which will take place in November.