In a motion filed Wednesday in Sedgwick County District Court, public defender Steve Osburn cited Kansas law saying bond should be granted for defendants charged with non-capital crimes.
Kansas law requires that special circumstances exist for a defendant to be eligible for the death penalty. Such circumstances include the killing of a law officer, more than one person or a victim kidnapped for ransom or rape, or killed in murder for hire. Prosecutors said the Tiller murder case doesn't qualify.
Sedgwick County District Judge Ben Burgess told The Wichita Eagle he had ordered Roeder held without bail "as a discretionary decision taking public safety into account."
A hearing on the defense motion is scheduled Friday.
Roeder, who was living most recently in Kansas City, Mo., has only scant resources, according to a financial affidavit he signed in requesting a court-appointed lawyer.
He listed $10 in a bank account and his 1993 Ford Taurus as his only property.
The affidavit listed total monthly bills of nearly $470, mostly for rent, and monthly pay of $1,100 working at Quicksilver Airport Delivery
-- his fourth job in six months. Other recent jobs were at convenience stores in Kansas City and nearby Shawnee, Kan.
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