Today was the final series of pretrial motions and arguments by counsel for Scott Roeder's trial. We learned that Roeder filed a 100 page (maybe more) motion to reconsider the earlier denial of a "necessity defense." We've no doubt this is actually the motion prepared by Mr. Letch that has no real legal basis but is instead just a bunch of continued anti-choice preaching and screaming.
The Judge again denied the necessity defense for all the same reasons he did last month.
However, the court has left open the possibility of a statutory "defense of others" claim. Roeder will be able to put on some evidence of this defense but the court indicated that it was unlikely anything presented would rise to a level that would ultimately lead to the jury being instructed on the defense. The Court made it clear that this is not going to be a trial about abortion and if it should or should not be legal. It's about the actions of Scott Roeder.
Finally, the Court indicated that if supported by the evidence it would give the jury a lesser offense instruction of manslaughter. In short, if Roeder had an honest belief even though it was wrong that he had to act to protect others, that may rise to the level necessary for a lesser offense instruction. To get it however Roeder almost has to testify as to what he was thinking/feeling (like he would skip the chance to talk in this case).