James C. Kopp has lost another legal battle in his bid to have a Long Island defense attorney who strongly opposes legalized abortion represent him in his federal court case.
In a terse two-page ruling, U.S. District Judge Richard J. Arcara affirmed a magistrate judge's earlier decision barring attorney Bruce A. Barket from representing Kopp in federal court.
Kopp, 48, who has admitted he killed Dr. Barnett A. Slepian of Amherst, faces a murder trial in Erie County Court. He also faces a later federal court trial on charges that he killed Slepian and violated a federal law guaranteeing access to abortion clinics.
Arcara said he found no reason to overturn Magistrate Judge Hugh B. Scott's Nov. 27 decision, stating that a "serious conflict of interest" could result if Barket represented both Kopp and Loretta C. Marra, who is accused of helping Kopp to elude authorities.
Kopp could appeal Arcara's ruling to the Second Circuit Court of Appeals in New York City. One of Kopp's attorneys, John V. Elmore, said Friday that he does not know if there will be any more appeals.
Elmore said he, Barket and Kopp are focusing efforts on preparing for jury selection in Kopp's murder trial, which is to begin in late February.
"Judge Arcara's ruling is not going to deter us from pursuing our goal of an acquittal for Jim on the state charges," Elmore said. "We've got over 38,000 pages of documents to read and many witnesses to interview to get ready for that."
Scott last month appointed William G. Clauss, a federal public defender, to represent Kopp at taxpayer expense in his federal case.
AUTHORITIES WARY OF PLANS FOR RALLY BY ARMY OF GOD
LINK The Buffalo News
Jerry Zremski, News Washington Bureau
January 11, 2003
WASHINGTON - From the U.S. Department of Justice to the Buffalo Police Department, authorities are vowing to prevent violence when radical anti-abortion protesters travel to the city later this month in support of confessed killer James C. Kopp.
"The U.S. attorney from the Western District of New York is fully aware of the situation and is working with federal and local law enforcement to make sure that day passes peacefully," said Mark Corallo, a spokesman for U.S. Attorney General John D. Ashcroft.
Law enforcement's concerns escalated Friday after receipt of a message that purports to be from the Army of God, a shadowy, leaderless group that has been connected with abortion clinic bombings in the past.
"Forces are being deployed with the power to stop any child of God from being legally slaughtered in Buffalo, N.Y., on Jan. 22, 2003," said the missive, which was signed by the "Commander in Chief, Army of God, USA."
The Internet message featured an Army of God logo that showed a cross with a military helmet perched on top of it, along with a bomb.
The message is unrelated to a Jan. 22 rally in support of Kopp, said Jonathan O'Toole, the rally's organizer.
But O'Toole, who was profiled in an HBO documentary on the Army of God, defined the army as "an amorphous, autonomous eruption of rage on the part of individuals pushed to the point by legalized abortion that they're not willing to take it anymore, and will use what's at their disposal to stop it, which tends to be bombs and rifles."
The message originally appeared on a Web site operated by Neal Horsley, who advocates putting abortion doctors on trial for murder. Horsley said he didn't know the meaning of the message, and refused to say who sent it to him.
The message was widely circulated to the media and abortion rights advocates late Thursday. But even before that, Assemblyman Sam Hoyt, D-Buffalo, sent a letter to Ashcroft asking for federal law enforcement to investigate the Jan. 22 rally.
Hoyt was just one of several political figures to express outrage at the rally and the message about the Jan. 22 activities.
"I don't like this one bit," said Mayor Anthony M. Masiello. "The last thing we need is this kind of negative, destructive activity in Buffalo."
Buffalo Police Commissioner Rocco J. Diina said investigators are already looking into plans for the rally. Local, state and federal law enforcement will all work to prevent violence at Buffalo's Womenservices clinic, he said. Law enforcement will remain on alert once Kopp - who killed Amherst abortion provider Dr. Barnett A. Slepian in October 1998 goes on trial in February.
Abortion rights advocates interpreted the Army of God message as a form of intimidation rather than as a promise of violence.
"This declaration is a clear-cut terroristic threat intended to intimidate abortion providers," said Glenn E. Murray, a pro-choice attorney. "This is home-grown terrorism of the worst kind."