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Posted on 06/07/2002 3:32:59 PM PDT by Marianne
Lynne Slepian got her first look at her husband's accused killer Thursday, as she sat in the front row of a crowded courtroom - no more than 20 feet away from James C. Kopp during his arraignment on a murder charge.
She sat with a victim/witness coordinator from the Erie County district attorney's office as Kopp - heavily guarded by court deputies and wearing handcuffs and a bulletproof vest - was arraigned before State Supreme Court Justice Eugene M. Fahey.
Lynne Slepian, who was in the home with the couple's four sons when her husband was slain, stared intently at Kopp, but showed little reaction during the brief court proceeding. She made no comment afterward.
"She showed no emotion as she intently scrutinized the man accused of shooting into the kitchen of her home and murdering her husband," said Glenn E. Murray, a family friend and attorney who also represents the local Pro-Choice Network.
"I know it had to be difficult for her to see this man in person for the first time," said District Attorney Frank J. Clark. "None of us can imagine the agony she's been through."
Murray said Mrs. Slepian, who feels her family is under siege by the media, does not wish to be contacted by reporters regarding developments in the Kopp case.
"Her paramount concern is her children, and the delay in prosecuting Kopp has added to her agony," Murray said. "It's tough dealing with four boys when you're a single parent. It's tougher when your husband was murdered. It's even tougher when the prosecution of the man indicted in his murder drags on for years and years.
"Her family will never be the same, but she's dedicated to maintaining as much normalcy as possible for their children."
For the second day in a row, Kopp pleaded not guilty to charges that he hid in a wooded area behind the Slepians' Amherst home and gunned down Dr. Barnett A. Slepian on the night of Oct. 23, 1998. Kopp also pleaded not guilty to federal charges in the case Wednesday.
Kopp's denial of the state murder charge was issued through his attorneys, Paul J. Cambria Jr. and Barry N. Covert. Security at Thursday's State Supreme Court appearance was much more visible than on Wednesday in federal court, where Kopp appeared in casual clothes, with no shackles or bulletproof vest.
The defendant, a thin, pale man who wears thick glasses, looked nervous and said little during the six-minute appearance before Fahey.
Kopp is not expected to go on trial for at least nine months, and it has not yet been decided whether the first trial would be held in state or federal court. It's also unclear whether the trial could be moved elsewhere.
Whenever and wherever the trial is held, it will be a dogfight, promised Cambria, a veteran defense lawyer who is known for his confrontational courtroom style. Cambria said he and Covert will attack the evidence obtained by the FBI and local law enforcement agencies.
Kopp's supporters in the pro-life community - who operate a Web site for Kopp and are raising money for his defense - claim he is being framed, either by unscrupulous police officials or by people in the pro-choice community.
"There are people all over this country who believe he is being framed," Cambria said. "I've had letters from priests, business people, professional people from all walks of life, who support him and believe he's innocent.
"The prosecution will have a fight on its hands. We can handle whatever is tossed our way."
Police did an extraordinary job of investigating the Slepian murder, and Kopp is not being framed, said Clark and U.S. Attorney Michael A. Battle.
Clark said he believes there is a strong case against Kopp, and he has assigned three prosecutors - Joseph J. Marusak, Jeffrey Hagen and Steven Meyer - to try the case. Marusak, who heads the prosecution team, is a veteran of more than 50 homicide jury trials.
"Yes, it is a dogfight, but I like the dogs I have in this fight," Clark said.
Michael S. Taheri, an Amherst trial attorney who teaches criminal defense at the University at Buffalo Law School, said the Kopp case is "tailor-made" for Cambria. But he also described Marusak as one of the toughest and most experienced prosecutors in Western New York.
"Cambria and Barry Covert will attack every single scrap of the prosecution case, and Marusak will be battling back at every turn," said Taheri. "If it is tried in state court, it would be the kind of trial that I would send my law students out to watch. It will be a classic confrontation."
Taheri predicted that the Russian-made rifle that prosecutors claim was used by Kopp to kill Slepian will become one of the key issues in the case, regardless of where the trial takes place.
Federal agents and Amherst police, using metal detectors at times, scoured the wooded area behind the Slepian home for days after the murder. They found no murder weapon until returning to the woods for another search on April 8, 1999 - more than five months after the crime.
"Paul Cambria will have a field day with the gun," Taheri said on Thursday. "He will raise all kinds of questions about why it wasn't found in the earlier searches, questions about the chain of custody, questions about why it was suddenly found all those months later. He will really go after law enforcement on that issue."
The woman who headed the federal investigation of Kopp - former U.S. Attorney Denise E. O'Donnell, now in private practice - said police deserve credit for going back and redoubling their efforts to find the gun.
"I think that people who speculate on the evidence in this case may be surprised down the road, when all the evidence comes out," O'Donnell said. "It is a circumstantial case, but there is some very strong evidence."
When asked about the gun evidence, Cambria said: "I'm not getting into that kind of speculation now, but there are a lot of questions we're going to be raising about that, and other things."
Cambria, whose past clients have included Hustler magazine publisher Larry Flynt, rock musician Marilyn Manson, Laborers Local 91 and dozens of high-profile criminal suspects, declined to comment when asked who is paying Kopp's legal bills, which are expected to be expensive.
"There is no one person paying the legal bill. It's a grass-roots effort. People who support Jim and believe he is innocent are raising the money," Cambria said. "From what I understand, they have received donations from all over the country - anywhere from $5 to $5,000."
Cambria said there is no truth to a rumor circulated in the Buffalo legal community that he was paid $1 million upfront to represent Kopp.
"I have heard that one, and it isn't true," Cambria said. "But the costs of defending a case like this are going to be substantial. You've got cases going in two different courts. You need to hire DNA experts, investigators, support people, expert witnesses. It's a huge undertaking."
Cambria declined to discuss his own fees in the case, saying he never discusses such issues publicly.
Taheri said that, in his opinion, the overall expenses for defending a case like Kopp's could "easily go over $1 million."
"You need two lawyers in the courtroom. You need other lawyers and legal assistants doing support work. You need investigators, and they may have to travel all over the country," Taheri said. "I've had expert witnesses charge me $250 an hour."
In the meantime, authorities are taking every safeguard in protecting Kopp, including the use of handcuffs and the bulletproof vest on Thursday.
"I don't think we could ever explain not taking every precaution possible, if something happened," Erie County Sheriff Patrick Gallivan said. "We made the decision . . . because of the volatility of the (abortion) issue and because of the bombings and other shootings we have seen around the country."
The sheriff said Kopp has his own cell in the county Holding Center, but Kopp is not in isolation. He is housed in an area with other homicide defendants.
Gallivan said he considers Kopp an unusually high-profile prisoner, but added that, so far, no threats have been made to Kopp's safety.
"He'll probably have very little contact with other inmates, but that has more to do with his notoriety," the sheriff said. "We want to make sure he's safe. We can best ensure his safety by keeping him away from other inmates."
A link for donations is on the left. Unfortunately, the page has not been updated recently, but I am sure it will be soon.
Does anyone have Jim's mailing address?
June 7, 2002
Man Denies Murdering a Doctor Who Performed Abortions
By RANDAL C. ARCHIBOLD
BUFFALO, June 6 — A man accused of killing a doctor who performed abortions here pleaded not guilty to murder today as the physician's widow looked on in a packed courtroom.
The murder suspect, James C. Kopp, 47, was escorted by Erie County sheriff's deputies into State Supreme Court wearing a bulletproof vest over a purple shirt and olive slacks. He walked past the front-row seat of Lynne Slepian, the wife of Dr. Barnett A. Slepian, whom he is accused of shooting to death at the doctor's suburban home in Amherst on Oct. 23, 1998.
Their eyes did not meet, and Mrs. Slepian later left the courtroom through a back door without speaking to reporters.
Mr. Kopp's only words were a soft "yes" or "yes, sir" when the judge, Eugene Fahey, asked routine questions about his name and whether he had a lawyer. Mr. Kopp did not ask for bail and remains in jail.
On Wednesday, the day after being extradited from France, he pleaded not guilty to federal charges of using a firearm to commit a violent crime and violating a federal law against interfering with the operations of abortion clinics.
Michael A. Battle, the United States attorney for the Western District of New York, said Wednesday that state and federal authorities would prepare their cases simultaneously but that the state trial would be held first.
Mr. Kopp faces a maximum sentence of life without parole on the federal charges and 25 years to life on the state charge; under an agreement with France clearing his extradition, American officials said, Mr. Kopp will not face the death penalty.
Mr. Kopp's arraignment today took about five minutes and went routinely. But there were hints that it will be anything but a routine trial — starting with Mr. Kopp's vest, which Sheriff's Department officials said was a precaution against attacks.
A dozen television and newspaper photographers waited in a courthouse hallway for a glimpse of Mr. Kopp and other key players in the case.
Earlier in the morning, Judge Fahey denied requests from The Buffalo News and local television stations to photograph Mr. Kopp's arraignment, saying it might be disruptive and jeopardize his right to a fair trial. Judge Fahey left open the option for the news media to submit requests to the trial judge.
Mr. Kopp is being represented by Paul J. Cambria Jr., one of the most prominent criminal defense lawyers in Buffalo and a past president of the New York State Association of Criminal Defense Lawyers. His clients have included the Hustler magazine publisher Larry Flynt and the rock performer Marilyn Manson.
Mr. Cambria said Mr. Kopp would mount a vigorous, expensive drive to prove his innocence — challenging, for example, scientific evidence that prosecutors say links Mr. Kopp to the scene of the crime.
He said thousands of people had already contributed to a criminal defense fund on Mr. Kopp's behalf; a Web site with anti-abortion messages is devoted to Mr. Kopp and his case and asks people to donate money for his legal costs.
Is it possible that James Kopp and his friends realized that it would be impossible for him to receive a fair trial from the Reno Justice Department?
Hope today is better.
I refuse to use the label "pro-choice," which the abortion lobby foisted on the media.
"Pro-abortion" is a more accurate term. Many will protest that they are personally against abortion, but think that each person should have the legal right to "choose," (to kill their children).
Well, I am personally against incest.....
There is a good reason that abortion and incest have been outlawed from time immemorial. It has something to do with the good of the society as a whole.
Back to Jim Jopp - I will put Mrs. don-o on the task of getting his address. Does anyone have the name and location where he is?
Freepers need the facts on this.
Evidence of a frame up is here,
Anyone got a pro life ping list?
Fascinating case and a major frame up going on.
The .00001% who know the name "James Kopp" would say, " He's the dude who offed the abortion doc.
I believe that Freepers will take the time to read the evidince posted above, and get busy with support
Kopp was and is a convenient suspect.
He did not shoot Slepian.
"There is a pattern found when the FBI chooses to reveal details about an investigation prior to the actual trial. Each time it is a case that combines two factors; 1.) it is highly political and 2.) the hard evidence is questionable.
"There have been times throughout history when arresting and convicting someone serves a purpose so high in the minds of those in authority that they feel fully justified in subverting justice.
"Can you honestly tell me that the Clinton Administration did not subvert justice to serve what they felt was a higher good? I believe the Reno ruled Department of Justice saw this as an opportunity to politically protect abortion on demand.
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