Home
Archive
Newsletters
Video
Blogs
Discuss
About
Search
Donate
Advertise

Reproductive Justice and Gender

How the FBI Could Have Prevented Dr. Tiller's Death

By Amy Goodman, King Features Syndicate. Posted June 4, 2009.


His alleged killer was seen vandalizing the clinic both the week before and the day before the murder but officials failed to enforce existing laws.
Advertisement
Upcoming AlterNet stories on Digg

George Tiller did not have to die. He was assassinated while in church in Wichita, Kan., on Sunday, targeted for legally performing abortions. His death might have been prevented simply through enforcement of existing laws. His alleged killer was seen vandalizing a Kansas City clinic, Aid for Women, both the week before and the day before the murder, putting glue into its door locks. The manager of that clinic, who calls himself "Jeff Pederson" to protect his identity, told me he called the FBI and local police both times, but the vandal, the alleged killer Scott Roeder, was not arrested. Pederson had Roeder's first name and his license-plate number. He had images of him on the security video. He recognized him from previous protests.

Pederson said: "The clinic was closed on Memorial Day weekend. A worker tried to get in on Memorial Day but couldn't. The locks were Super-Glued. I went to the videotape and I saw the same guy on the videotape who had done it in 2000." Pederson called his contact at the FBI, agent Mark Colburn. "He [Colburn] said the videotape wouldn't be clear enough, and since I had touched the locks, I had ruined it with my DNA. So I bought new color video cameras."

On Saturday, May 30, the clinic manager said "Scott" struck again: "My head nurse calls me, 5:40 Saturday morning. She had come to prep for the patients. When she was coming back from the store she noticed the Taurus [Roeder's car]. She made her way to the back door. She saw him. He saw her and bolted. She followed him to his car and started talking to him.

"He tried to stand in front of the license plate, but she got it, 225 BAB. As she ran back to the clinic, he shouted 'Baby killer!' at her."

Pederson called Colburn, reporting the second vandalism and letting him know he had better video. Pederson said Colburn told him, "The Johnson County prosecutor won't do anything until the grand jury convenes." The next day, Tiller was murdered, allegedly by Roeder.

I called the Kansas City FBI and reached Colburn. He immediately referred me to FBI spokesperson Bridget Patton. I asked her about the incidents at the clinic and why the suspect hadn't been arrested either time. She said: "I am not sure of the timeline, but whenever an act of vandalism occurs at an abortion clinic, we are notified of that vandalism and respond appropriately."

Tiller's medical practice, which included performing late-term abortions, drew rage, protests and attacks during the decades of his career. His clinic was bombed in the mid-1980s. He survived an assassination attempt in 1993, when he suffered gunshot wounds to each of his arms. Bill O'Reilly on Fox News Channel demonized him as "Tiller the Baby Killer." He was the target of a political prosecution by a former Kansas attorney general, Phill Kline, and was acquitted just months ago on misdemeanor charges that he violated state rules on providing abortions.

Roeder was picked up shortly after the shooting Sunday in his Ford Taurus. On Tuesday, he was charged with first-degree murder.

I asked Pederson if he thought Tiller's murder could have been prevented if the authorities had simply arrested Roeder after he vandalized the Kansas City clinic. Pederson paused. "I don't know," he said.

But Dr. Susan Robinson was adamant. She flies to Wichita every month to perform abortions in Tiller's clinic. She said, "It is generally regarded amongst those who do clinic security, if local authorities are not responsive, if they don't show up or they don't vigilantly enforce the law, that it encourages the anti-abortion people to push it further and further."

She said: "In Wichita, Dr. Tiller was constantly dealing with the same lack of enforcement. Wichita prohibits placing signs on city property. But they allow the anti-abortion protesters to set up dozens of crosses and leave them all day. Dr. Tiller went to the city attorney over the crosses, and complained that people block the clinic driveway. He told me that the city attorney said, 'I would rather be sued by George Tiller than the anti-abortion folks.' "

The 1994 federal Freedom of Access to Clinic Entrances Act (FACE) makes it a crime to block or damage a reproductive health service facility.

Enforcing FACE saves lives. George Tiller will be buried on Saturday.

Denis Moynihan contributed research to this column.


Digg!    Share on facebook   submit to reddit    Bookmark on Delicious   Stumble This  

See more stories tagged with: abortion, murder, tiller

Amy Goodman is the host of the nationally syndicated radio news program, Democracy Now!

Liked this story? Get top stories in your inbox each week from Reproductive Justice and Gender! Sign up now »


Advertisement
Advertisement

 

Comments Turn comments off sitewide Give us feedback »
Comments closed.
The comments for this story have been closed. Thank you to everyone who participated.
View:
Needless death.
Posted by: Quannah on Jun 4, 2009 11:45 AM   
Current rating: 4    [1 = poor; 5 = excellent]
"The 1994 federal Freedom of Access to Clinic Entrances Act (FACE) makes it a crime to block or damage a reproductive health service facility."

Roeder super-gluing the locks on the door was CLEARLY a violation of FACE. Had they arrested Roeder anytime the week before he murdered Dr. Tiller in cold blood, Dr. Tiller would still be here.

Why is it nobody but Any Goodman and Rachel Maddow are speaking the TRUTH? That being, the FBI has blood on their hands?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Needless death. Posted by: Vik
Appropriate response?
Posted by: g on Jun 4, 2009 1:17 PM   
Current rating: 5    [1 = poor; 5 = excellent]
"whenever an act of vandalism occurs at an abortion clinic, we are notified of that vandalism and respond appropriately."
Obviously the FBI believed that doing nothing is the appropriate response to acts of vandalism at abortion clinics. Good to know (for the intolerant anti-choice crowd, I mean).

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

What does the FBI do these days?
Posted by: vioibi on Jun 5, 2009 1:11 AM   
Current rating: 5    [1 = poor; 5 = excellent]
If the FBI did nothing or very little to protect Dr Tiller they do have blood on their hands. I'm not even sure what they are supposed to be doing anymore. They appear rather inept anyway. This is a tragedy that could have been prevented.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: What does the FBI do these days? Posted by: photon's feather
"Duty of due care"
Posted by: rickiey on Jun 5, 2009 6:54 AM   
Current rating: 4    [1 = poor; 5 = excellent]
The FBI, having this information, created a duty of due care that they violated. The family has a legitimate lawsuit against the FBI for letting him die.

I hope they use it.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

20/20 hindsight
Posted by: EncinoM on Jun 5, 2009 7:43 AM   
Current rating: 2    [1 = poor; 5 = excellent]
From what is presented, there is nothing that demostrates that the vandalism would esclate the following day to murder.


It seems as if from the articel, the FBI was going to let the local law enforcement handle this and not devert their resources to acts of petty vandalism.

It would be different, if the FBI had information that Roeder was planning something more then glueing the locks.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: 20/20 hindsight Posted by: Dak
» RE: 20/20 hindsight Posted by: Quannah
» RE: 20/20 hindsight, or blind sight Posted by: godsbreath64
The FBI Is Supposed To Know...
Posted by: bryangalt on Jun 5, 2009 8:12 AM   
Current rating: 4    [1 = poor; 5 = excellent]
To try and justify the ignorant and lax behaviour of the FBI by making it appear that they were simply going to allow local yocal cops handle this situation is an odd way of looking at this.

After all, isn't the FBI charged with anticipating criminal actions from people that are clearly off their rockers? If someone comes to a business multiple times to create havoc, that should have been a clear, red-waving flag for even a first year FBI cadet.

After all the campus shootings, all the workplace shootings, and after holding several hundred men in Gitmo for their 'alleged' connections to crimes (crimes that we have used a ouiga board to tie to most of them by the way), you would think that the FBI would have some mastery over the behavioral indicators of someone who may be inclined to escalate his intentions.

I know for certain that the feds are on the ball if they catch you with a joint...

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Sundry observations
Posted by: brunowe on Jun 5, 2009 9:27 AM   
Current rating: 4    [1 = poor; 5 = excellent]
First, if this had been a Muslim vandalizing ANYTHING, I suspect the FBI would've been much more attentive. Although hindsight is 20/20, the attitude of the Kansas Attorney General may be sufficiently indicative of the attitude of local law enforcement that the FBI arguably should've had a lower threshhold of intervention than in other states.

Second, the claim that the FBI's inaction would create a tort is invalid. The Federal Tort Claims Act created a limited waiver of sovereign immunity. It does not permit suits 'based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.' 28 U.S.C. S 2680(a).

Third, I question if FACE passes constitutional muster. I'm not raising this on First Amendment grounds as federal appellate courts have upheld FACE on that issue (with good reason) but based on the string of SCOTUS's "new federalism" opinions.

I'm thinking specifically of SCOTUS's ruling in United States v. Lopez, 514 U.S. 549 (1995) which struck down the Gun-Free School Zones Act of 1990, a federal statute barring possession of a firearm in a school zone on the grounds that such an act was neither tied to commerce nor part of a larger regulation of interstate activity (see also United States v. Morrison, 529 U.S. 598 (2000). I suppose much of that would depend on the interstate activity of family planning centers that perform abortions and its consequent labelling as an "instrumentality of interstate commerce" as the obvious purpose of the Tiller homicide and the other acts surrounding him was to shut down the clinic in Wichita.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Sundry observations Posted by: EncinoM
» RE: Sundry observations Posted by: brunowe
» Sundry observations Posted by: jooljetkmae
Plenty of blame to go around
Posted by: willymack on Jun 5, 2009 10:06 AM   
Current rating: 4    [1 = poor; 5 = excellent]
But none of it will bring Dr. Tiller back. We can only hope to prevent a recurrence of this tragedy.It's well known that those pro-lifers are willing to murder someone to show just how serious they are about being pro-life. It's happened before, after all. If this isn't a definition if INSANITY, I don't know what is. So, in this instance at least, we have a homicidal nut, egged on by the right-to-lifers, shill o'liely, and who knows who else, telegraphing his intentions at least TWICE,and caught on vodeotape yet, and the whole sorry spectacle ignored by law enforcement officials in a state known for religious nuts and goofy politics. I din't think the killer is the only one who belongs in jail.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Dr. Tiller's important job
Posted by: Defenestrator on Jun 5, 2009 12:08 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Dr. Tiller's Important Job

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Dr. Tiller's important job Posted by: crashgrab
» RE: Dr. Tiller's important job Posted by: Defenestrator
Alternet, jeebus, can your ad policy be more obscene?!
Posted by: DaBear on Jun 5, 2009 1:54 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I can't help but not notice the ad at the bottom of this piece for "prolifechecks"!

Altner Eds., I don't give a fuck if Google controls the ad content. Get a different "ad provider" that allows you some control. That ad is just fucking obscene.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

cocopuffed
Posted by: cocopuffed on Jun 5, 2009 2:07 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
i smell lawsuit...

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Every law enforcement person in this country has sworn
Posted by: abusedbypenguins on Jun 5, 2009 2:35 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
an oath to defend and protect the Constitution Of The United States Of America. Unless it is politically expediently not to do so. Which makes them traitors to their sworn oath. The Fucking Bunch of Idiots was warned well in advance of 9-11 that rag-heads were learning how to fly wide body jets but not how to land them. Gigantic red flag-ignored. The Fucking Bunch of Idiots were warned well in advance of the danger to Dr. Tiller and in their incompetency choose to ignore it. Wonder how many other warnings they have ignored? Respect for the FBI and authority? Not a chance, fear yes, lots of fear but not as much than if I lived in a rag-head country or China.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Different Target, Different Response
Posted by: DrBrian on Jun 5, 2009 5:21 PM   
Current rating: 5    [1 = poor; 5 = excellent]
You may depend upon it that if the killer had instead targeted the Grand Ayatollah and Chief Poohbah of the Mormon Tabernacle in Salt Lake City, there would have been dozens of FBI swat teams swarming like flies on road kill.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

FBI Color of Law
Posted by: Kimberly on Jun 6, 2009 7:31 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The FBI has been ALLOWING Federal Hospital Insurance Fraud and Abuse Against American Citizens 1998 still pending 2009. I contacted them during my -OPM FEHB- Mothers Hospitalization, because a Hospital Social Worker was conducting white collar crimes and abuse - anti-dumping and anti-kickback violations - against her, I was told over the phone that because this Hospital Social Worker has not taken my Mother out of State - it's not their jurisdiction. My mother was killed as threated - T42CFR417.1 grievance procedure | systematic denial of Post-Hospital Extended Care - by the Hospital Social Worker. The FBI has NO Intention of protecting the public from domestic terrorism.
.
Department of Homeland Security - DHS | Report Incidents - Report any suspected criminal or terrorist activity to the Federal Bureau of Investigation (FBI). -- State of Michigan allowing Federal HMO HAPCORP.ORG to harm 42CFR438.704 their Covered Individuals | Citizens of Michigan for Medicaid kickbacks - 1999 still pending 2009
.
Subj: FBI Response Date: 2/5/2003 3:19:49 AM Eastern Standard Time
From: sioc@fbi.gov (FBI Internet Tips) Reply-to: sioc@fbi.gov
To: Kstbylite1@aol.com Dear Ms Kimball, Thank you for taking the time to submit your information to the FBI via the FBI.Gov Web site. It is being evaluated at this time by one of my Agents, and will be forwarded to the appropriate FBI component, as appropriate. If THEY ARE NOT RESPONDING [ T18CFR242CRIME ] to your emails try calling Detroit FBI at 313-965-2323.
Sincerely, David N. Rushing/rwh Supervisory Special Agent FBI Headquarters Washington, D.C.
.
Health Care Fraud Victims: Department of Justice prosecutors ( U.S. Attorneys ) and investigators ( HCFA, Office of Inspector Generals ~ FBI ) shall ensure that 'Victims Rights' and Services under FEDERAL STATUTES and administrative guidelines WILL BE ENFORCED for the benefit of Victims of Health Care Fraud [ T18CFR24CRIMES Anti-Dumping and Anti-Kickback Violations ], including provisions concerning notice to victims about case and offender status, appropriate consultation with victims, advocacy of restitution for victims, and enforcement of restitution awards for Victims BY the Government.
.
Under current United States law, set forth in the USA PATRIOT Act, acts of domestic terrorism are those which: "(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the United States."
.
Subj: FBI Tip Date: 10/4/2007 1:31:25 P.M. Central Daylight Time
From: fbitips1@leo.gov To: JustmyOpnion@aol.com Sent from the Internet (Details)
Dear Ms. Kimball, THIS IS NOT AN AUTOMATED RESPONSE Thank you for your submission to the FBI Internet Tip Line. After evaluating your information it is determined that you should contact you’re a private attorney of your choice.
.
1998 U.S. Attorney General and HHS OIG Provider Self-Disclosure Protocol (SDP), see 63 Fed. Reg. 58,399 Program ~ 1996 HIPAA Violation | T18CFR286CRIME | T18CFR371CRIME ~ Color of Law T42CFR417.1 Willfully failed to keep individuals from harm T18CFR242CRIME
DATED: November 24, 1998 June Gibbs Brown [ HHS ] Inspector General
DATED: November 24, 1998 Nancy-Ann Min DeParle [ HCFA ] Administrator
DATED: January 16, 2008 Daniel R. Levinson [ HHS ] Inspector General

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

These domestic terrorists need to be rooted out lock stock and barrel
Posted by: RR#1 on Jun 7, 2009 10:31 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
but they are part of the reserve army that will be wearing the brown shirts and given offical state sanction in the future if needed. The FBI knows who these people are and have all the tools in the world to prosecute if they wanted, but by their very nature, police are sympathetic to these types of groups and their ideology. After all, we are the other that they must gaurd against are we not?
Cheers,
RR

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Roeder is despicable, but...
Posted by: charliehastings24 on Jun 19, 2009 11:26 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
So this is bad news if the FBI could've prevented Roeder and didn't. What Roeder did was obviously despicable.

However, throughout all of this discussion, it's important for us to remember why George Tiller was targeted. It was WRONG that he was targeted at all, but he was a pretty despicable charcter himself.

There's an article in this salon: http://www.mindreign.com/en/mindshare.mr that has an interesting perspective on the issue:

"Dr. George Tiller committed terrible crimes against the human race. He aborted 60,000 babies, many of whom could have lived outside the womb. Raking in millions of dollars—thousands of dollars for each late-term abortion—Tiller was widely known for his gruesome practices because almost no other doctors...."

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

  • AlterNetYour turn

Support AlterNet
Do you value the information you're getting from AlterNet? Please show your support with a tax-deductible donation.


Feedback
Tell us how we're doing.

Advertisement
Advertisement