The 74-year-old anti-Jewish zealot accused of killing three people last year in Overland Park cannot use a “compelling necessity” defense, a judge ruled Friday.
In numerous oral and written statements, F. Glenn Miller Jr. has asserted that the shooting spree outside of Jewish facilities was prompted by what he perceived as a Jewish conspiracy to destroy the “white race.”
On Friday, Miller spent about an hour outlining some of the information he wanted to present. He cited quotes from a variety of newspaper articles, the Declaration of Independence and a 1972 conversation between Richard Nixon and Billy Graham.
His presentation included topics ranging from the cost of the U.S war in Iraq, AIDS, black-on-white crime rates and Caitlyn Jenner.
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“I felt I had no choice but to break the law,” Miller said in a motion filed Thursday.
Johnson County District Judge Kelly Ryan, however, found that Miller’s beliefs were not sufficient to support their use as a legal defense.
Ryan said his ruling only pertained to the guilt or innocence phase of the trial. Because it’s a capital case, if Miller is found guilty, there will be a second penalty phase to determine if he should be sentenced to death.
The judge said Miller may be able to present his information at that phase.
Miller called the judge an “egg-sucking mule” for disallowing his defense.
In arguing against Miller’s proposed defense, Johnson County prosecutors cited the case of Scott Roeder, who attempted to use a similar defense after he killed Wichita abortion provider George Tiller. Kansas appeals courts rejected Roeder’s use of the defense.
In Miller’s case, prosecutors laid out factors needed to justify a necessity defense and argued that Miller’s case met none of those criteria.
Generally, people must show that they are acting to prevent “imminent harm” and that they have no other legal recourse.
The people Miller is charged with killing were no threat to anyone and had no connection to the “worldwide conspiracy” alleged by Miller, prosecutors said in a written motion.
Prior appeals court rulings on the issue do “not allow a defendant to murder innocent people in order to send a message, which is exactly what the defendant was attempting to do in this case,” prosecutors argued.
Miller, also known as Frazier Glenn Cross Jr., is accused of capital murder in the April 13, 2014, shooting deaths of William Corporon, Reat Underwood and Terri LaManno. Although Miller has stated that he was intending to kill Jews, none of his victims was Jewish.
Corporon, a 69-year-old doctor, and Reat, his 14-year-old grandson, were shot to death outside the Jewish Community Center where the boy was competing in a singing competition. LaManno, 53, was killed outside the Village Shalom care center where she had gone to visit her mother.
Miller is also charged with attempting to kill three other people who had shots fired at them that day.
On Friday, Miller accused the judge of obstructing justice by not ruling sooner on his compelling necessity defense motion and for not allowing him Internet access to prepare his case.
Ryan said he perceived that as a request to have him removed as judge in the case. He denied the request and told Miller he could appeal the judge’s decision to the county’s administrative judge.
Other motions addressed Friday concerned the mechanics of how jurors will be summoned and questioned.
The plan is to begin calling potential jurors in groups of 100 starting the morning of Aug. 17.
Miller told the judge his primary concern was to have no Jews on his jury. Beyond that, he said he would not be difficult in selecting jurors.
“One lemming is just as good as the next one,” he said.
The next pretrial hearing in the case is set for Aug. 5. Prosecutors have said they will seek a death sentence.