Posted on 10/30/2002 7:43:30 PM PST by Marianne
James C. Kopp's new attorney has not ruled out the possibility of the accused killer of Dr. Barnett A. Slepian taking the witness stand when he goes to trial next year.
"I can't rule that out," said Bruce A. Barket, a Long Island attorney and abortion opponent who was approved Tuesday to head Kopp's defense team at Erie County Court. "That hasn't been decided yet."
If he does testify in his own defense, would Kopp reveal what he was doing - and what his motivations were - on the night Slepian was killed?
Barket declined to speculate on defense strategy, or to discuss what Kopp was doing on the night of Oct. 23, 1998.
But the defense lawyer said he firmly believes that the evidence that will come out at trial will show that Kopp is "not guilty" of second-degree murder.
Barket also estimated that by the time the case is over, he will have provided at least $100,000 worth of free legal help to Kopp.
"I think James Kopp should be exonerated, and I think he will be exonerated," Barket said after his first official court proceeding as Kopp's attorney. "He is not guilty of the crimes for which he is charged."
Barket, 43, was approved Tuesday by Judge Michael L. D'Amico as the lead defense attorney for Kopp, who is expected to go to trial in February. Kopp told the judge that he wants Barket to represent him, in place of Buffalo defense attorney Paul J. Cambria Jr.
Many court observers believe the change in attorneys will result in a sharp shift in defense strategy.
Cambria, who declined to reveal his own views on abortion, stated repeatedly since taking the case last year that he would not allow the murder trial to become a forum for debating the rights of the unborn.
In sharp contrast, Barket makes no secret of his pro-life views. Speaking after Tuesday's brief court proceedings, he revealed that he has taken part in legal anti-abortion protests. Barket said he considers abortion a key issue in the upcoming trial.
"Saying this case is not about abortion is like ignoring a large pink elephant in the room," Barket said. "(The case) involves an issue that has polarized the country for decades."
"Abortion is about the taking of innocent life," he added. "What happened to Dr. Slepian and his family was tragic, to say the least. A horrific event."
The chief prosecutor in the murder case, Deputy District Attorney Joseph Marusak, said Barket's entry into the case would not change the prosecution's strategy.
Even if Kopp took the witness stand and made a "self-incriminating statement," Marusak said, the prosecution's chief strategy would be to focus on the evidence.
We're going to treat this as an intentional murder case, regardless of the motivations involved. How noble a defendant may claim his intentions were would have no relevance to our trial preparations," Marusak said.
Marusak's boss, District Attorney Frank J. Clark, said he believes Slepian was "assassinated" by Kopp because he was an abortion provider. Police in Canada have charged Kopp with a shooting that wounded an abortion provider in Hamilton, Ont., and he is considered the prime suspect in three other unsolved shootings aimed at abortion doctors.
And how's this for objective reporting: "If he does testify in his own defense, would Kopp reveal what he was doing - and what his motivations were - on the night Slepian was killed?" Master Buffett is pleased.
And here's a recommendation for Kevin Sherlock's books "The Scarlet Survey" and "Victims of Choice."
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