James Charles Kopp
Encyclopedia
James Charles Kopp is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 citizen who was convicted in 2003 for the 1998 sniper
Sniper
A sniper is a marksman who shoots targets from concealed positions or distances exceeding the capabilities of regular personnel. Snipers typically have specialized training and distinct high-precision rifles....

-style murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 of Dr. Barnett Slepian
Barnett Slepian
Barnett Slepian was an American physician and OB/GYN who was murdered in his home by anti-abortion militant James Charles Kopp....

, an American physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...

 from Amherst, New York
Amherst, New York
Amherst is a town in Erie County, New York, United States. As of the 2010 census, the town had a total population of 122,366. This represents an increase of 5.0% from the 2000 census. The town is named for Jeffrey Amherst, a British Army officer of the colonial period...

 who performed abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

s. Prior to his capture, Kopp was on the FBI's list of Ten Most Wanted Fugitives
FBI Ten Most Wanted Fugitives
The FBI Ten Most Wanted Fugitives list arose from a conversation held in late 1949 between J. Edgar Hoover, Director of the United States Federal Bureau of Investigation, and William Kinsey Hutchinson, International News Service Editor-in-Chief, who were discussing ways to promote capture of the...

. On June 7, 1999 he had become the 455th fugitive placed on the list
FBI Ten Most Wanted Fugitives, 1990s
The FBI's Ten Most Wanted Fugitives during the 1990s is a list, maintained for a fifth decade, of the Ten Most Wanted Fugitives of the United States Federal Bureau of Investigation.-FBI 10 Most Wanted Fugitives to begin the 1990s:...

 by the FBI. He was affiliated with militant Roman Catholic anti-abortion group known as "The Lambs of Christ
The Lambs of Christ
The Lambs of Christ, also known as Victim Souls of the Unborn Christ-Child, is a Christian integrist pro-life organization in the United States. It was founded in 1988 by the Rev. Norman Weslin, a Roman Catholic priest and retired U.S. Army lieutenant colonel...

".

He has been referred to as a terrorist by the National Memorial Institute for the Prevention of Terrorism, and was "well-known in militant anti-abortion circles, where he was nicknamed Atomic Dog"

Early life

James Charles Kopp was born in Pasadena, California
Pasadena, California
Pasadena is a city in Los Angeles County, California, United States. Although famous for hosting the annual Rose Bowl football game and Tournament of Roses Parade, Pasadena is the home to many scientific and cultural institutions, including the California Institute of Technology , the Jet...

 and raised Lutheran
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...

, but later converted to Roman Catholicism. He graduated from the University of California, Santa Cruz
University of California, Santa Cruz
The University of California, Santa Cruz, also known as UC Santa Cruz or UCSC, is a public, collegiate university; one of ten campuses in the University of California...

 in 1976, with a bachelor’s degree in Biology, going on to take a master's degree in Embryology from California State University Fullerton. Kopp started providing support to anti-abortion groups after his girlfriend underwent an abortion, and used his technical abilities to create special locks that protesters then used on the doors of abortion clinics.

Murder

On October 23, 1998, at approximately 10 p.m., Dr. Barnett Slepian was standing in the kitchen of his home in Amherst, New York
Amherst, New York
Amherst is a town in Erie County, New York, United States. As of the 2010 census, the town had a total population of 122,366. This represents an increase of 5.0% from the 2000 census. The town is named for Jeffrey Amherst, a British Army officer of the colonial period...

. Kopp fired a single shot from a rifle
Rifle
A rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile , imparting spin around an axis corresponding to the...

 from nearby wooded area, which entered the Slepian home through a rear window. Slepian was a well-known obstetrician/gynecologist
Obstetrics and gynaecology
Obstetrics and gynaecology are the two surgical–medical specialties dealing with the female reproductive organs in their pregnant and non-pregnant state, respectively, and as such are often combined to form a single medical specialty and postgraduate training programme...

 who performed abortions at a women's clinic in Buffalo, New York
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...

. He also maintained a private medical practice in an office in Amherst, New York
Amherst, New York
Amherst is a town in Erie County, New York, United States. As of the 2010 census, the town had a total population of 122,366. This represents an increase of 5.0% from the 2000 census. The town is named for Jeffrey Amherst, a British Army officer of the colonial period...

. Within hours of the murder, anti-abortion militants posted Slepian's name crossed out on their internet website, which also served as "a virtual hit list of doctors who carry out abortions".

Fugitive

The FBI believed that Kopp received assistance in fleeing the US, although Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 pro-life groups denied they assisted him.

Kopp fled to Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

 under an assumed name and later to Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

. He then fled Ireland one step ahead of police on a ferry to Brittany
Brittany
Brittany is a cultural and administrative region in the north-west of France. Previously a kingdom and then a duchy, Brittany was united to the Kingdom of France in 1532 as a province. Brittany has also been referred to as Less, Lesser or Little Britain...

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 on 12 March 2001, with two Irish passports besides his original U.S. document.

On March 29, 2001, Kopp was arrested by French law enforcement in the town of Dinan
Dinan
Dinan is a walled Breton town and a commune in the Côtes-d'Armor department in northwestern France.-Geography:Its geographical setting is exceptional. Instead of nestling on the valley floor like Morlaix, most urban development has been on the hillside, overlooking the river Rance...

, Brittany
Brittany
Brittany is a cultural and administrative region in the north-west of France. Previously a kingdom and then a duchy, Brittany was united to the Kingdom of France in 1532 as a province. Brittany has also been referred to as Less, Lesser or Little Britain...

, just after picking up a package containing $300. The United States requested his extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...

. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

 John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...

 promised that the death penalty
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...

 would not be sought, handed down or applied, a prerequisite according to the extradition treaty between France and the United States. Ashcroft's promise was made over the objections of New York State Attorney General
New York State Attorney General
The New York State Attorney General is the chief legal officer of the State of New York. The office has been in existence in some form since 1626, under the Dutch colonial government of New York.The current Attorney General is Eric Schneiderman...

 Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...

 and Erie County
Erie County, New York
Erie County is a county located in the U.S. state of New York. As of the 2010 census, the population was 919,040. The county seat is Buffalo. The county's name comes from Lake Erie, which in turn comes from the Erie tribe of American Indians who lived south and east of the lake before 1654.Erie...

 District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...

 Frank Clark, both of whom sought the death penalty. Spitzer and Clark argued that the charge of murder was a state charge
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...

, not a federal charge
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...

, and Ashcroft had no jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 in the matter. The instruction chamber of the Rennes Court of Appeals ruled in favor of extradition. Kopp appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

ed the ruling.

Extradition

In May 2002, Kopp waived all possible appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

s in France and returned to the U.S. in June 2002.

Trial and conviction

On March 11, 2003, Kopp waived his right to a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...

. Based upon an agreement between the defense and prosecution — Erie County Assistant District Attorney Joseph Maruszak and defense attorney Bruce Barkett — Erie County
Erie County, New York
Erie County is a county located in the U.S. state of New York. As of the 2010 census, the population was 919,040. The county seat is Buffalo. The county's name comes from Lake Erie, which in turn comes from the Erie tribe of American Indians who lived south and east of the lake before 1654.Erie...

 Judge Michael D'Amico would be required to find Kopp guilty or innocent based on a single document of facts. In addition, the judge could not consider lesser charges; he had to find Kopp guilty or not guilty of second-degree murder. Kopp had confessed his role in the shooting to police, claiming he only meant to wound Slepian. D'Amico found him guilty and sentenced him to the maximum penalty, 25 years to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

, on May 9, 2003. D'Amico told Kopp "It's clear the act is premeditated; there is no doubt about it. You made an attempt to avoid responsibility for the act. What may appear righteous to you is immoral to someone else." The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006 (Shawn P. Hennessy, attorney for respondent and Timothy Murphy, attorney for appellant).

Appeals

Kopp filed an appeal with Federal court. Judge Richard Joseph Arcara
Richard Joseph Arcara
Richard Joseph Arcara is a United States federal judge.Born in Buffalo, New York, Arcara received a B.A. from St. Bonaventure University in 1962 and a J.D. from Villanova University School of Law in 1965. He was a Captain in the United States Army, Military Police Corps from 1966 to 1967. He was...

 was selected to preside. Arcara limited what Kopp could say on the stand and prohibited the defense from showing pictures of aborted fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...

es. There are also limitations to witness' accounts. If found guilty in Federal court, Kopp faces a mandatory life sentence. Kopp was charged with violating the Clinic Entrances Act and using a weapon in the murder of Slepian. Kopp chose to act as his own attorney. On the second day of the federal trial, and during cross examination, Kopp moved to have the court reporter from his previous state trial read back statements pertaining to abortion. Judge Arcara precluded this, holding that under the Federal Rules of Evidence, Kopp was barred from stating anti-abortion, religious or moral reasoning for his actions, which ultimately precluded Kopp from revealing any rationale for his actions.

Kopp was also charged in the United States District Court for the Western District of New York
United States District Court for the Western District of New York
The United States District Court for the Western District of New York is the Federal district court whose jurisdiction comprises only a part of New York....

 on a count of violating the Freedom of Access to Clinic Entrances Act
Freedom of Access to Clinic Entrances Act
The Freedom of Access to Clinic Entrances Act is a United States law that was signed by President Bill Clinton in May of 1994, which prohibits the following three things: the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere...

. Kopp dismissed his court-assigned attorney, an assistant federal public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...

, and chose to represent himself. On June 20, 2007, he was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

 plus 10 years for illegal use of a firearm. Additionally, the court ordered his belongings auctioned off in order to pay $2.6 million to Slepian's family. Arcara told Kopp as the end of the trial:

In opening statement to the jury, Kopp said that although Slepian's death was "a full-bore, 100 percent tragedy
Tragedy
Tragedy is a form of art based on human suffering that offers its audience pleasure. While most cultures have developed forms that provoke this paradoxical response, tragedy refers to a specific tradition of drama that has played a unique and important role historically in the self-definition of...

" it wasn't murder because it was not malicious or premeditated. He did acknowledge that he had planned the shooting for a year, and that he fired a high-powered rifle with telescopic sights, but that he had only meant to wound the doctor (to keep him from performing abortions). Kopp claimed that pre-meditation means "Shoot them in the head, blow up a car, riddle their body with bullets like they do in the movies. That's how you kill someone."

On April 6, 2009, The 2nd U.S. Circuit Court of Appeals upheld the life sentence holding that all issues raised were without merit.

Other possible crimes

It has been speculated that Kopp has committed other crimes besides killing Slepian. The FBI notes that "(t)he shooting was similar to shootings in the Rochester, New York
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...

 area, and three Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 cities during the fall of 1997, in which abortion doctors were shot in their homes". Kopp has been charged by Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 authorities in the 1995 shooting of an Ontario, Canada doctor, Hugh Short, one of a string of Remembrance Day
Remembrance Day
Remembrance Day is a memorial day observed in Commonwealth countries since the end of World War I to remember the members of their armed forces who have died in the line of duty. This day, or alternative dates, are also recognized as special days for war remembrances in many non-Commonwealth...

 shootings.

Dr. Garson "Gary" Romalis and Dr. Jack Fainman were also shot and wounded by unknown assailants. An unnamed Perinton doctor was shot on October 28, 1997; the bullet narrowly missing his or her head. His or her name has been withheld by Monroe County police.

Co-conspirators

Kopp received help from sympathetic pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...

 activist couple Loretta Marra and Dennis Malvasi of Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...

, who pled guilty to one count each of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 in helping Kopp avoid capture. Marra and Malvasi had communicated extensively with Kopp, telling him also via electronic communications that "the coast is clear", referring to his proposed secretive return to US via Canada, and also to his use of their home as a safe house. On August 21, 2003, they were sentenced to time served, and released. The fugitive assisters later changed their names to Joyce Maier and Ted Barnes.

Fictional portrayals

The murder of Barnett Slepian
Barnett Slepian
Barnett Slepian was an American physician and OB/GYN who was murdered in his home by anti-abortion militant James Charles Kopp....

 inspired an episode of Law and Order: Criminal Intent named The Third Horse Man in season 1 episode 11.

See also

  • Army of God (USA)
  • Paul Schenck
    Paul Schenck
    Paul Chaim Benedicta Schenck is an ordained Catholic priest who is a pro-life activist along with his twin brother, Robert Schenck...

  • Anti-abortion violence in the United States
  • Christian terrorism
  • Domestic terrorism in the United States
    Domestic terrorism in the United States
    Domestic terrorism in the United States between 1980 and 2000 consisted of 250 of the 335 incidents confirmed as or suspected to be terrorist acts by the FBI. These 250 attacks are considered domestic by the FBI because they were carried out by U.S...


External links

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