Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

KOPP IN COURT (waives his right to a jury trial)
WKBW-TV, Buffalo NY ^ | March 11, 2003

Posted on 03/11/2003 3:17:13 PM PST by Marianne

A jury trial that could have lasted as long as a month now could be over in less than a day. James Kopp is waiving his right to have a 12-member jury decide his fate. Instead, Erie County Court Judge Michael D'Amico will decide whether Kopp is guilty in the murder of Amherst abortion provider Dr. Barnett Slepian. Kopp was indicted on two charges: intentional murder and murder by impraved indifference. there would be no witnesses taking the stand, all of the evidence presented by the prosecution would be agreed to by the defense. Attorneys on both sides see a benefit in proceeding this way.

Judge D'Amico is expected to question Kopp about the decision when the parties return to court late this afternoon.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: New York
KEYWORDS: abortion; kopp; slepian
Baffling!
1 posted on 03/11/2003 3:17:13 PM PST by Marianne
[ Post Reply | Private Reply | View Replies]

To: Marianne
murder by impraved indifference

yup. the imfense impartment gets accused of this by imfense lawyers sometimes, too.

dep

2 posted on 03/11/2003 3:20:28 PM PST by dep
[ Post Reply | Private Reply | To 1 | View Replies]

To: dep
What the heck is "impraved indifference?"
3 posted on 03/11/2003 4:07:47 PM PST by Illbay (Don't believe every tagline you read - including this one)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Illbay; dep
From a previously posted newspaper article:
"Deputy District Attorney Joseph J. Marusak, who already had charged Kopp with intentional murder, then went back to a grand jury and got an additional charge of causing his death by depraved indifference." (I don't think "impraved" is a word)
I searched several online law dictionaries without much success. However, I did find one reference:
"In Tison v. Arizona, however, the Court eased the 'intent to kill' requirement, holding that, in keeping with an 'apparent consensus' among the states, 'major participation in the felony committed, combined with reckless indifference to human life, is sufficient to satisfy the Enmund culpability requirement.' " LINK
The cases referenced on this site all deal with the "death penalty." However, as part of the agreement to extradite James Kopp, the U.S. had to stipulate that they would not seek the death penalty.
This doesn't really answer your question. Hopefully a Freeper, who is a lawyer, will add more detail.
4 posted on 03/11/2003 5:57:07 PM PST by Marianne
[ Post Reply | Private Reply | To 3 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson