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KOPP TELLS JUDGE ISSUE IS 'MURDER OF CHILDREN'
The Buffalo News ^ | December 18, 2002 | Matt Gryta, News Staff Reporter

Posted on 12/23/2002 6:33:58 PM PST by Marianne

James C. Kopp Tuesday told a judge the charges lodged against him for his admitted murder of Amherst physician Barnett A. Slepian are really about what he called "the murder of children" by abortion providers.

Kopp, speaking almost inaudibly as Slepian's widow and several FBI agents sat in court, also said he feels "the children should be represented in the court," making clear his hopes to make his trials the centerpiece of a renewed debate about abortion.

Erie County Judge Michael L. D'Amico told Kopp, 48, to put his contentions in writing.

The judge told him he assumed his quiet response to the new two-count second-degree murder indictment handed up against him was a "not guilty" plea. He ordered Kopp to remain jailed without bail and said he is still hoping to begin a jury trial in the case in February.

Outside the courtroom, Bruce A. Barket, Kopp's chief attorney, said the impending murder trials of Kopp in both D'Amico's courtroom and in federal court will be about "the morality of abortion."

Citing D'Amico's gag order barring discussion of any issues concerning the trial, Barket said the trials should boil down to having everyone "look into their own heart" on the issue of the morality of abortion.

"Factually there's no dispute," Barket said of the murder. "We know what happened, but what is in dispute in the morality of abortion."

"We need to take a more pro-active stance to stop abortion," Barket, an active anti-abortion activist for the past decade, told the news media outside the courtroom.

John V. Elmore, a veteran Buffalo lawyer who also represents Kopp, said, "We hope that it would be a fair and impartial jury" that will decide Kopp's fate.

Deputy District Attorney Joseph J. Marusak said the new, two-count second-degree murder indictment voted last week by an Erie County grand jury includes a new count of reckless or depraved murder because that panel concluded Kopp was "consciously aware" he could kill Slepian.

Also citing the D'Amico gag order, Marusak said the second grand jury to consider the case, stemming from Kopp's Nov. 20 confession published by The Buffalo News, provides the trial juries with "alternative" murder theories.

Kopp now stands accused of both the intentional murder of Slepian and depraved murder. A trial jury must choose one of those theories, the prosecutor said. Marusak acknowledged that Kopp cannot be convicted of both intentional and depraved murder.

The second grand jury made the decision that both murder theories should be considered by the trial juries, Marusak said.

Slepian was fatally shot as he stood in his Amherst kitchen late on Oct. 23, 1998.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: New York
KEYWORDS: abortion; anothernutcase; kopp; malvasi; marra; slepian
FYI
1 posted on 12/23/2002 6:33:58 PM PST by Marianne
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To: Marianne
Why aren't people killing lawyers who save murderers?
2 posted on 12/23/2002 6:54:16 PM PST by Sungirl
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To: Sungirl
I think you're missing or obfuscating the point. The point is that killing, absent self defense or due process is not the way to go.
3 posted on 12/23/2002 6:59:06 PM PST by jwalsh07
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To: jwalsh07
No, the point is that killing to save the life of another innocent human being should be justifiable homicide.
4 posted on 12/23/2002 7:07:00 PM PST by AmericaUnited
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To: AmericaUnited
No, the point is that killing to save the life of another innocent human being should be justifiable homicide.

Abortion is legal, unfortunately.

Until it is not, people like Kopp are vile.

Are you like Kopp?

5 posted on 12/23/2002 7:09:41 PM PST by sinkspur
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To: AmericaUnited
killing to save the life of another innocent human being should be justifiable homicide.

No, there are peaceful and legal ways. No way is this 'justifiable homicide'. No way.

6 posted on 12/23/2002 7:10:08 PM PST by RJCogburn
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To: AmericaUnited
So you would have no problem with a war protester killing an Army general on the eve of our war with Iraq, as long as the shooter believed he would be saving children's lives?

7 posted on 12/23/2002 7:24:05 PM PST by 11th Earl of Mar
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To: Marianne
This guy needs a lawyer, not whatever he now has.

He *was* saying that he only meant to wound the Dr., but the bullet took a strange bounce.

Well, if he now starts saying he did it for the children it either means:
He did it to punish the Dr. ( that doesn't sound too good)
or,
He did it to prevent the Dr. from performing any more abortions....Er, that sounds like he with malice aforethought sought to kill the doctor. If this nut keeps on this way he'll end up with the state indictment being amended to first degree murder and he'll risk getting the needle.
8 posted on 12/23/2002 8:01:19 PM PST by APBaer
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To: Sungirl
You mean open season on everyone that someone feels is harming society or abetting wrong-doers? That might get out of hand.
9 posted on 12/23/2002 8:32:39 PM PST by BenLurkin
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To: Marianne
Where are all those who were claiming Kopp was framed?
10 posted on 12/23/2002 8:38:09 PM PST by TheOtherOne
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To: AmericaUnited
"The point is that killing to save the life of another innocent human being should be justifiable homicide."

Your equation presents a quandary for those who believe abortion is indeed murder.

11 posted on 12/23/2002 8:54:41 PM PST by F16Fighter
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To: APBaer
This guy needs a lawyer, not whatever he now has.

He had a lawyer, and a damn good one, too, in Paul Cambria. But this is what Kopp wanted, and so Cambria is out, and a new crew is in...

12 posted on 12/23/2002 9:03:51 PM PST by general_re
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To: Marianne
read later
13 posted on 12/23/2002 11:16:49 PM PST by LiteKeeper
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To: F16Fighter; 11th Earl of Mar; RJCogburn
Hello All!

I was just trying to clearify what I believe KOPP's point was to jwalsh.

Here's what I believe: Abortion is murder. Killing abortion docters is murder.

Someone said "Well, abortion is legal." What if "general purpose" murder was "legalized"? Would you stand by and do nothing just because it was "legal"? This is not as open and closed as it seems.

14 posted on 12/24/2002 1:45:04 AM PST by AmericaUnited
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To: sinkspur
"Abortion is legal"

Shame on you. If something is outrageously immoral, you shrug your shoulders and do nothing because "well, it is legal." It was "legal" to kill Jews in Germany during the reign of Adolph Hitler.

15 posted on 12/24/2002 1:48:40 AM PST by AmericaUnited
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To: AmericaUnited
This is not as open and closed as it seems.

Regardless of your justifications, the murder of an abortionist is still wrong.

But apparently you would prefer to live in a society where abortion opponents could freely kill abortionists. I suppose you would give them the same liberty to kill the mother too.

And wouldn't we also have to give street thugs the right to kill abusive police officers?

And give war protesters the right to murder members of the US Armed Forces?

And environmentalists the right to bomb the homes of the CEO's of America's polluters?

And God help the employees of tobacco companies! There would be no better signal that to "off" one of the company big shots on Christmas morning when they are opening presents with their grandchildren. Right?

16 posted on 12/24/2002 4:50:37 AM PST by 11th Earl of Mar
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To: 11th Earl of Mar
Regardless of your justifications, the murder of an abortionist is still wrong.

Right. That's why I said "Here's what I believe: Abortion is murder. Killing abortion docters is murder."

Post back if you didn't understand that.

17 posted on 12/24/2002 1:22:10 PM PST by AmericaUnited
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To: AmericaUnited
Here is what you said:

killing to save the life of another innocent human being should be justifiable homicide.

Your backtracking makes you sound like Trent Lott on BET. Answer back if you don't know the meaning of "justifiable homicide."

18 posted on 12/24/2002 9:57:33 PM PST by 11th Earl of Mar
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