Posted on 05/09/2003 5:47:03 PM PDT by Marianne
James C. Kopp likely will be sent to prison today for the maximum term of 25 years to life for the murder of Dr. Barnett A. Slepian. Even Kopp's attorney expects nothing less.
Kopp, who killed Slepian in his Amherst home with a single bullet from a high-powered military rifle, will speak in his own behalf for the first time in court.
Lynne Slepian, who has been in court for every proceeding since Kopp's arrest in March 2001, may also speak in court for the first time since her husband's death. She and three of the couple's four children are expected to attend.
Prosecutors have told Erie County Judge Michael L. D'Amico that she might make a statement, but say she will not make that decision until today's sentencing.
"She wrote a letter to the court," said Frank J. Clark, Erie County district attorney.
He declined to reveal its contents, describing the letter only as "tasteful and moving."
Clark said Kopp deserves the full 25 years to life in prison, the longest term allowed by law, and said he has instructed Deputy District Attorney Joseph J. Marusak to seek the maximum. The killing did not qualify as a death penalty case.
"I don't think 25 to life even marginally reflects the seriousness of the crime, both to the family and the community," Clark said. "If I could ask for 100 to life, I would."
Clark also predicted that Kopp, 48, who still faces charges that carry a potential life sentence in U.S. District Court, will never again be free.
Bruce A. Barket, the Long Island attorney who represented Kopp during his unusual one-day trial on March 17 - a rare nonjury proceeding using evidence agreed to by both sides - said he will not ask D'Amico to impose the lesser term of 15 years to life.
"Look," Barket said Thursday from Long Island, "as sure as I'm alive, he's going to get 25 to life. There's zero chance he will get anything less than 25 years. It's somewhat demeaning to carry on a charade that, if I say something, he'll get less than 25 years."
Barket said he has read the statement Kopp will make in court today, but declined to reveal its contents.
"I don't know how much of a surprise it will be," he said of what Kopp will say.
Full courtroom expected
Barket said Kopp's strong views against abortion and his contention that he meant only to wound Slepian to prevent him from performing abortions are already well known. Kopp aired his views before trial Nov. 20 in a jailhouse confession to The Buffalo News.
Kopp, known as "Atomic Dog" by fellow radical abortion protesters, has been arrested dozens of times over the last 20 years, and is also suspected of wounding three Canadian abortion providers and shooting at but missing another doctor near Rochester.
Court officials expect D'Amico's courtroom - the same court where the anarchist Leon Czolgosz was tried, convicted and sentenced to death for the 1901 assassination of President William McKinley - to again be filled with the national media, friends and relatives of the Slepians, law enforcement officials and representatives of pro-choice groups.
Barket said he was uncertain whether anyone would be in court for Kopp. A handful of friends attended some proceedings, as did a contingent from the Army of God, a loose-knit group that advocates violence to stop abortions.
"The twists and turns this all took kind of left him as no one's hero," Barket said of Kopp. "The pacifist wing, if you will, of the pro-life movement feels hurt and betrayed. The individuals who believe in force question why he didn't go through with the whole jury trial.
"The real test will come over time," he said of how Kopp will be viewed.
"Look, John Brown was hung as a murderer and a terrorist," Barket said of the abolitionist. "And now there's a shrine built to him. Time will tell how people will view Jim Kopp."
Vicki Saporta, president and chief executive officer of the National Abortion Federation who will be in court today, said she views Kopp as a coldblooded murderer. She said it is essential that he be given the maximum prison sentence.
"I think that, sitting through the bench trial, it was clear this was a well-planned, premeditated murder," she said Thursday from Washington, D.C. "I think it's important he gets the maximum sentence so if any other anti-choice extremist thinks of following in his footsteps, he would know it's not justifiable to murder an abortion provider."
Saporta said experience has shown that each time someone is convicted of an abortion shooting, someone else takes the person's place.
"It's four to seven months later," she said of the time span before what she calls the next person recruited. "We've been very concerned. We know in the past there have been individuals who say they are just waiting for a sign from God, and I think there are some extremists affiliated with the Army of God recruiting someone to take Kopp's place."
Marusak said that he will present a 26-page report to the court today, and while he said he was barred from releasing its specific contents, he said he will be submitting additional evidence about Kopp's background to the court.
"It's kind of an ad hominem attack on Jim," Barket said. "It's 26 pages of "he's a bad guy,' gratuitous name calling. It's really not terribly interesting reading."
"Additional facts'
"It speaks for itself," Marusak said. "It has additional facts about the crime, background on the defendant and our recommendation based on the facts. To call it gratuitous is a very biased, one-sided, disingenuous description. I'm doing my job as a prosecutor."
William Clauss, a federal public defender representing Kopp on charges he obstructed access to abortion by killing Slepian, said earlier he is awaiting today's sentencing before making any decisions on Kopp's federal case.
Kopp got his appropriate sentence. But abortion doctors certainly will not get theirs.
Are you suggesting that you mobilize your militia and make abortion doctors accountable?
This is bad: a single bullet from a high powered military rifle.
The anti's never miss a chance to make a gun control case. Would the doctor be less dead if the perp had finished him with a brick or claw hammer ?
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