Posted on 08/03/2004 7:58:17 AM PDT by TomDoniphon68
An attorney for James Kopp says the federal government should drop its prosecution of him for killing an abortion provider because he's already likely to spend the rest of his life in prison. Public defender John Humann is also challenging the constitutionality of the federal law under which Kopp is charged.
The arguments were made in papers filed last week in U-S District Court, where Kopp is awaiting trial in the 1998 shotgun slaying of Doctor Barnett Slepian in his suburban Amherst home.
Kopp is serving 25 years to life in prison after being convicted of state-filed murder charges last year. The anti-abortion activist admits firing a single shot through a window into Slepian's home, but says he was only trying to wound him to prevent him from performing abortions.
Humann says a federal trial would violate the U-S Constitution's double jeopardy clause, which protects people from being tried twice for the same crime.
"Likely" isn't good enough.
If he does not like the charges, then challenge then in court. He has to nullify the jury, but I think he should spend the rest of his life in jail or get the death penalty. It is the mark of a coward to shoot a Dr.[of any sort] through a window. Yes, I agree the abortion is wrong. But we have to change the law & hearts & minds of the public, not kill those who are doing it [abortion]. It may be harder but more worthy of our efforts in the long run!
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