Associated Press
WICHITA, Kansas -- The judge overseeing the trial of the man accused of gunning down a Kansas abortion doctor is a practicing Roman Catholic who once courted the endorsement of an anti-abortion group -- but who has insisted the case won't be about abortion.
State District Judge Warren Wilbert galvanized both sides in the U.S. abortion debate this week when he refused on the eve of Scott Roeder's murder trial to block the defense from trying to build a voluntary-manslaughter case by arguing that Roeder believed the killing of Dr. George Tiller was necessary to save unborn children.
Legal experts said the judge's decision was a proper attempt to protect the defendant's rights. But the move has put Wilbert and his background under the microscope heading into one of the most sensational abortion-related cases in the U.S.
"All high-profile trials put a lot of pressure on judges because even though our courtrooms are open, generally speaking, the public doesn't have an eye on judges unless election time comes around," said Michael Kaye, director of Washburn University's Center for Excellence in Advocacy in Topeka. "So a judge in this position, any judge knowing this, is going to try to do his best to appear judicious and to rule in a way that will not get him reversed."
Wilbert, 57, is considered by many in the local legal community to be a fair judge. No one can seem to point to an instance in which he injected his religious beliefs into a case.
He is a rather low-key figure on the bench. He runs a tight courtroom, isn't given to colorful exchanges and has little tolerance for distraction. The Roeder trial -- which began with jury selection Wednesday -- is easily the biggest case to come before him.
Tiller, one of the few late-term abortion providers in the U.S., was shot to death inside his Lutheran church in Wichita last May.
In televised hearings, Wilbert has been scrupulous about keeping private his own beliefs on abortion, exhaustively citing case law when making any rulings. He angered news outlets when he closed jury selection to the media, saying the presence of reporters could inhibit prospective jurors from speaking frankly about abortion.
He has insisted the trial will not turn into a debate over abortion, warning Roeder's lawyers that he intends to keep the case as a "criminal, first-degree murder trial."
Kansans for Life's political action committee endorsed Wilbert in the 2008 race, though it did not contribute to his campaign directly. The mainstream anti-abortion group does not espouse violence, and its political arm focuses on lobbying the state Legislature.
Finance records show that Wilbert paid the group $75 in September 2008 to have his name listed in an ad in its quarterly newsletter, a 24-page booklet that included articles such as "Update on Tiller charges" and "Planned Parenthood -- a Snake in the Grass!" Planned Parenthood is a leading abortion provider. The judge also spent more than $16,000 on radio spots on seven stations.
