James Charles Kopp: Difference between revisions
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{{Infobox FBI Ten Most Wanted 1990s |
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{{short description|American convicted murderer}} |
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| name = James Charles Kopp, 1997 |
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{{More footnotes needed|date=July 2011}} |
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| image = JamesKopp1997.jpg |
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{{Infobox FBI Ten Most Wanted |
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| crime = murder |
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| name = James Charles Kopp |
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| birth_date = {{birth date and age|1954|2|8}} |
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| image = James Charles Kopp.jpg |
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| birth_place = [[Pasadena, California]] |
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| caption = James Charles Kopp |
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| charge = Murder, Violation of the Freedom of Access to Clinic Entrances (FACE) act |
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| death_date = |
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| birth_date = {{birth date and age|1954|08|02}} |
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| death_place = |
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| birth_place = [[Pasadena, California]], U.S. |
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| death_date = |
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| caught_date = [[March 30]], [[2001]] |
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| death_place = |
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| added_date = June 7, 1999 |
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| caught_date = March 30, 2001 |
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| remove_date = |
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| number = 455 |
| number = 455 |
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| status = |
| status = Captured |
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|conviction='''Federal'''<br>[[Freedom of Access to Clinic Entrances Act|Violating the FACE Act resulting in death (18 U.S.C. § 248)]]<br>[[Criminal possession of a weapon|Discharging a firearm during a crime of violence (18 U.S.C. § 924)]]<br>'''New York'''<br>[[Second degree murder]]|conviction_penalty='''Federal'''<br>[[Life without parole]]<br>'''New York'''<br>25 years to life|conviction_status=[[Incarcerated]]}} |
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|Status choices: Caught Dead Removed |
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'''James Charles Kopp''' (born August 2, 1954) is an [[Americans|American]] who was convicted in 2003 for the 1998 [[sniper]]-style [[murder]] of [[Barnett Slepian]], an American [[OB-GYN]] [[physician]] from [[Amherst, New York]] who performed [[abortion]]s. Prior to his capture, Kopp was on |
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|No status or other status defaults to currently on list |
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the [[FBI]]'s list of [[FBI Ten Most Wanted Fugitives|Ten Most Wanted Fugitives]]. On June 7, 1999, he had become [[FBI Ten Most Wanted Fugitives|the 455th fugitive placed on the list]] by the FBI. He was affiliated with the militant [[Roman Catholic]] [[anti-abortion]] group known as [[The Lambs of Christ]]. |
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}} |
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'''James Charles Kopp''' (born in [[Pasadena, California]] on [[August 2]], [[1954]]) is an [[United States|American]] who was convicted in [[2003]] for the [[1998]] [[Murder#The United States|murder]] of [[Barnett Slepian|Dr. Barnett Slepian]], an [[Amherst, New York]] [[physician]] who legally performed [[abortion]]s. Prior to his capture, Kopp was on the [[FBI]]'s list of [[FBI Ten Most Wanted Fugitives|Ten Most Wanted Fugitives]]. On [[June 7]], [[1999]] he had become [[FBI Ten Most Wanted Fugitives, 1990s|the 455th fugitive placed on the list]] by the FBI. He was affiliated with anti-abortion group "[[The Lambs of Christ]]." He is number 25 in [[Bernard Goldberg|Bernard Goldberg's]] book, ''[[100 People Who Are Screwing Up America]]''. |
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He has been referred to as a [[terrorist]] by the National Memorial Institute for the Prevention of Terrorism,<ref>[http://www.tkb.org/KeyLeader.jsp?memID=31 The Memorial Institute for the Prevention of Terrorism] {{Webarchive|url=https://web.archive.org/web/20070930041810/http://www.tkb.org/KeyLeader.jsp?memID=31 |date=September 30, 2007 }} bio sketch of Kopp</ref> and was "well-known in militant anti-abortion circles, where he was nicknamed Atomic Dog".<ref name="Guardian">Vulliamy, McDonald & Jeffries (2001) [https://www.theguardian.com/world/2001/apr/01/edvulliamy.henrymcdonald Abortion death hunt muzzles 'Atomic Dog': FBI Kept At Bay by Suspect Using A Secret Email System] {{Webarchive|url=https://web.archive.org/web/20161202010908/https://www.theguardian.com/world/2001/apr/01/edvulliamy.henrymcdonald |date=December 2, 2016 }}, ''The Guardian'', April 1, 2001</ref> |
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==Barnett Slepian== |
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==Early life== |
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On [[October 23]], 1998, at approximately 10:00 p.m., Kopp murdered Dr. Barnett Slepian, who was standing in the kitchen of his home in [[Amherst, New York]]. Kopp fired a single gunshot, which entered the Slepian home through a rear window, from a wooded area behind the residence. Dr. Slepian was a well-known [[obgyn|obstetrician-gynecologist]] who performed legal abortions at a women's clinic in [[Buffalo, New York]]. He also maintained a private medical practice in an office in Amherst, New York. |
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James Charles Kopp was born in [[Pasadena, California]] and raised [[Lutheranism|Lutheran]], but later converted to [[Roman Catholicism]]. Kopp graduated from the [[University of California, Santa Cruz]] 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.<ref name="Guardian"/> |
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== |
==Murder== |
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On October 23, 1998, at approximately 10 p.m., Barnett Slepian was standing in the kitchen of his home in [[Amherst, New York]]. Kopp fired a single shot from a [[rifle]] from a nearby wooded area, which entered the Slepian home through a rear window. Slepian was a well-known [[Obstetrics and gynaecology|obstetrician/gynecologist]] who performed abortions at a women's clinic in [[Buffalo, New York]]. He also maintained a private medical practice in an office in [[Amherst, New York]]. 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".<ref name="Guardian" /> |
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==Fugitive== |
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Kopp fled to [[Mexico]], then to [[Ireland]]. He eventually went to live in [[France]] under a false identity. |
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The FBI believed that Kopp received assistance in fleeing the US, although [[Ireland|Irish]] [[anti-abortion]] groups denied they assisted him.<ref name="Guardian" /><ref>{{cite news|newspaper=The Irish Times|url=https://www.irishtimes.com/news/anti-abortion-groups-say-they-did-not-meet-kopp-1.296587|title=Anti-abortion groups say they did not meet Kopp|date=March 31, 2001|first1=Jim|last1=Cusack|first2=Joe|last2=Humphreys|page=7|quote=Irish anti-abortion groups have said they were unaware Mr James Kopp was hiding in Ireland. He spent 12 months in this State using false identities. ... A Pro-Life Campaign spokesman, Mr John Smyth, said "there was not a murmur going around in any circle that he was here," adding that Mr Kopp would have been "very foolish" to try to contact groups here. .. A Youth Defence spokesman, Mr Justin Barrett, was surprised to hear that Mr Kopp spent a year in Ireland.|access-date=February 8, 2018|archive-url=https://web.archive.org/web/20180209063001/https://www.irishtimes.com/news/anti-abortion-groups-say-they-did-not-meet-kopp-1.296587|archive-date=February 9, 2018|url-status=live}}</ref> |
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Kopp fled to [[Mexico]] under an assumed name and later to [[Ireland]]. He then fled Ireland one step ahead of police on a ferry to [[Brittany]], [[France]] on March 12, 2001, with two Irish passports besides his original U.S. document.<ref name="Guardian" /> |
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On [[March 29]], [[2001]], Kopp was arrested by French law enforcement in the French town of [[Dinan]] ([[Brittany]]), and jailed. The United States requested his [[extradition]] and Attorney General [[John Ashcroft]] promised that the [[death penalty]] would not be sought, handed down or applied, a prerequisite according to the extradition treaty between France and the US, despite the fact that the murder charge Kopp faced was a state charge over which Ashcroft had no jurisdiction and that he did so over the objections of New York State attorney general [[Eliot Spitzer]] and Erie County district attorney Frank Clark, both of whom sought the death penalty. The instruction chamber of the [[Rennes]] [[court of appeals]] ruled in favor of extradition; however, Kopp [[appeal]]ed the ruling. |
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===Arrest and Extradition=== |
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On March 29, 2001, Kopp was arrested without [[Searches incident to a lawful arrest|incident]]<ref name="fbi.gov">{{cite web |title=Public profile on the public FBI's knowledgebase of the FBI |url=https://www.fbi.gov/wanted/topten/topten-history/hires_images/FBI-455-JamesCharlesKopp.jpg/view |url-status=live |archive-url=https://web.archive.org/web/20170104010442/https://www.fbi.gov/wanted/topten/topten-history/hires_images/FBI-455-JamesCharlesKopp.jpg/view |archive-date=January 4, 2017 |access-date=January 17, 2019 |website=fbi.gov}}</ref> by French law enforcement in the town of [[Dinan]], [[Brittany]], just after picking up a package containing $300<ref name="Guardian" /> outside of a post office.<ref name="fbi.gov" /><ref>{{Cite news|url=https://www.washingtonpost.com/archive/politics/2001/03/30/murder-suspect-arrested-in-france/ba76d782-a7ba-456b-83be-ceb889af4f5e/|title=Murder Suspect Arrested In France|newspaper=[[The Washington Post]] }}</ref> The United States requested his [[extradition]]. [[United States Attorney General|Attorney General]] [[John Ashcroft]] promised that the [[Capital punishment in the United States|death penalty]] would not be sought, handed down or applied, a prerequisite according to the [[extradition treaty]] between France and the United States.<ref>{{Cite web |title=#253: 06-07-01 STATEMENT BY THE ATTORNEY GENERAL ON JAMES CHARLES KOPP EXTRADITION |url=https://www.justice.gov/archive/opa/pr/2001/June/253ag.htm |access-date=June 26, 2022 |website=www.justice.gov}}</ref> Ashcroft's promise was made over the objections of [[New York State Attorney General]] [[Eliot Spitzer]] and [[Erie County, New York|Erie County]] [[District Attorney]] Frank Clark, both of whom wanted the [[death penalty]], though such a sentence is not available in the New York State criminal justice system. Spitzer and Clark argued that the charge of murder was a [[State law|state charge]], not a [[Federal crime|federal charge]], and Ashcroft had no [[jurisdiction]] in the matter. The instruction chamber of the Rennes Court of Appeals ruled in favor of extradition. Kopp and his attorney, Herve Rouzaud-Le Bouef, appealed this ruling, stating that the "unsigned embassy letter was 'insufficient' as a guarantee, prompting Ashcroft's unusual direct intervention.<ref>{{Cite news |last=Richburg |first=Keith B. |date=June 29, 2001 |title=Court in France Approves Extradition of U.S. Fugitive |language=en-US |newspaper=Washington Post |url=https://www.washingtonpost.com/archive/politics/2001/06/29/court-in-france-approves-extradition-of-us-fugitive/4ff5a201-e3fe-4592-acb5-5e52e45d111a/ |access-date=June 26, 2022 |issn=0190-8286}}</ref> |
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In May 2002, Kopp waived all possible |
In May 2002, Kopp waived all possible [[appeal]]s in France and returned to the U.S. in June 2002.<ref>{{Cite web|url=https://www.latimes.com/archives/la-xpm-2002-may-28-fg-kopp28-story.html|title=Murder Suspect Agrees to Extradition|website=[[Los Angeles Times]] |date=May 28, 2002 }}</ref> |
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==Trial and conviction== |
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==Conviction== |
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On March 11, 2003, Kopp waived his right to a [[jury trial]]. Based upon an agreement between the defense and prosecution — Erie County Assistant District Attorney Joseph Maruszak and [[defense attorney]] Bruce Barkett — [[Erie County, New York|Erie County]] Judge Michael D'Amico would be required to find Kopp guilty or not guilty 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]], on May 9, 2003.<ref>{{Cite web|url=https://www.upi.com/Top_News/2003/05/09/Kopp-sentenced-to-25-years-to-life/37771052509699/|title=Kopp sentenced to 25 years to life}}</ref> 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."<ref>[http://www.courttv.com/trials/kopp/050903_sentence_ap.html Killer of New York abortion doctor gets maximum 25 years to life sentence] {{webarchive|url=https://web.archive.org/web/20051205085806/http://www.courttv.com/trials/kopp/050903_sentence_ap.html |date=December 5, 2005 }} from [[CourtTV]] News</ref> The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006 (Shawn P. Hennessy, attorney for respondent and Timothy Murphy, attorney for appellant). He is currently serving his sentence at [[Federal Correctional Institution, Mendota]], his BOP ID being 11761-055.<ref>{{Cite web|url=https://www.bop.gov/mobile/find_inmate/byname.jsp#inmate_results|title = BOP: Federal Inmates by Name}}</ref> |
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==Appeals== |
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On [[March 11]], [[2003]], Kopp surprised observers by waiving his right to a jury trial. Based upon an agreement between the defense and prosecution, [[Erie County, New York|Erie County]] 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 would have to find Kopp guilty or not guilty of second-degree murder. Since Kopp had confessed his role in the shooting to police (claiming that he only meant to wound Slepian) Judge D'Amico found him guilty and sentenced him to the maximum, 25 years to life, on [[May 9]], [[2003]], telling 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" (see [http://www.courttv.com/trials/kopp/050903_sentence_ap.html]). The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006. |
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Kopp filed an appeal with the [[United States District Court for the Western District of New York]]. Judge [[Richard Arcara]] was selected to preside. Arcara limited what Kopp could say on the stand and prohibited the defense from showing pictures of aborted [[fetus]]es. There are also limitations to witness' accounts. If found guilty in federal court, Kopp faced a mandatory life sentence. Kopp was charged with violating the Clinic Entrances Act and using a weapon in the murder of Slepian. Kopp [[pro se|chose to act as his own attorney]].<ref>{{Cite web|url=https://buffalonews.com/news/judge-warns-kopp-that-representing-himself-is-a-mistake/article_5fb813a6-ee98-5b82-b39d-ec0d7e890f7c.html|title=Judge warns Kopp that representing himself is a mistake|date=April 27, 2006 }}</ref> 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 forbade this, holding that under the federal rules of evidence, Kopp was barred from stating anti-abortion, religious or moral reasoning for his actions, which effectively prevented Kopp from giving any rationale for his actions.{{Citation needed|date=July 2011}} |
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Kopp was also charged in the [[United States District Court for the Western District of New York]] on a count of violating the [[Freedom of Access to Clinic Entrances Act]]. Kopp dismissed his court-assigned attorney, an assistant federal [[public defender]], and chose to represent himself. On June 20, 2007, he was sentenced to [[life imprisonment]] plus 10 years for illegal use of a firearm.<ref name="BuffaloNews_102613">{{ cite news | title = Kopp gets life without parole in Slepian killing | url = http://www.buffalonews.com/home/story/102613.html | work = [[The Buffalo News]]| author = Michael Beebe | date = June 20, 2007 | archiveurl = https://web.archive.org/web/20070627045400/http://www.buffalonews.com/home/story/102613.html | archivedate = June 27, 2007 }}</ref> Additionally, the court ordered his belongings auctioned off in order to pay $2.6 million to Slepian's family. Arcara told Kopp at the end of the trial: |
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As of December, 2006, Kopp is also charged in U.S. District Court in Buffalo on a count of violating the [[Freedom of Access to Clinic Entrances Act]]. The trial is currently scheduled to begin on January 8, 2007, and could bring an additional life term in prison. Kopp has dismissed his court-assigned attorney, an assistant federal public defender, and is representing himself. |
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{{blockquote|You served as prosecutor, judge, jury and executioner. You decided that you know better than any law.<ref name="BuffaloNews_102613" />}} |
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In opening statement to the jury, Kopp said that although Slepian's death was "a full-bore, 100 percent tragedy" it wasn't murder because it was not malicious or premeditated. He did acknowledge he planned the shooting for a year and fired a high-powered rifle with telescopic sights, but he only meant to wound the doctor (to keep him from performing abortions). Pre-meditation, according to Kopp means that you: |
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In his opening statement to the jury, Kopp said that although Slepian's death was "a full-bore, 100 percent [[tragedy]]" 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 murder 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."{{Citation needed|date=July 2011}} |
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On April 6, 2009, The 2nd U.S. Circuit Court of Appeals upheld the life sentence holding that all issues raised were without merit.<ref>{{Cite web|url=https://www.nbcnews.com/id/wbna30073594|title=Sentence upheld in abortion doctor slaying|website=[[NBC News]] |date=April 6, 2009 }}</ref> |
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It is possible that the killing of Slepian was not Kopp's only crime. The FBI notes "(t)he shooting was similar to shootings in Rochester, New York, and three Canadian cities during the fall of 1997, in which abortion doctors were shot in their homes."[http://www.fbi.gov/libref/factsfigure/civilrights.htm] Kopp has been charged by [[canada|Canadian]] authorities in the 1995 shooting of [[Ontario]] doctor [[Hugh Short]], one of a string of [[Remembrance Day]] shootings (see [http://www.prochoice.org/about_abortion/violence/remembrance_day.asp]). |
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==Other possible crimes== |
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Kopp is currently serving in [[Niagara County Jail]] in [[Lockport, New York]].[http://armyofgod.com/POClist.html][http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=NameSearch&needingMoreList=false&LastName=Kopp&Middle=Charles&FirstName=James&Race=U&Sex=U&Age=&x=41&y=12] Kopp will spend the rest of his life in solitary confinement, locked up 23 hours a day in the nation's most secure prison if he insists on a trial and is convicted. |
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It has been speculated that Kopp has committed other crimes besides killing Slepian. The FBI notes that "the shooting was similar to shootings in the [[Rochester, New York]] area, and three [[Canada|Canadian]] cities during the fall of 1997, in which abortion doctors were shot in their homes".<ref>[https://www.fbi.gov/libref/factsfigure/civilrights.htm Facts and Figures 2003] {{webarchive|url=https://web.archive.org/web/20161227084159/https://www2.fbi.gov/libref/factsfigure/civilrights.htm |date=December 27, 2016 }} from the [[FBI]]</ref> Kopp has been charged by Canadian authorities in the 1995 shooting of an [[Ontario, Canada]] doctor, Hugh Short, one of a string of [[Remembrance Day Shootings]].<ref>[http://www.prochoice.org/about_abortion/violence/james_kopp.html Anti-Abortion Extremists -James Kopp] {{webarchive|url=https://web.archive.org/web/20060116214857/http://www.prochoice.org/about_abortion/violence/james_kopp.html |date=January 16, 2006 }}</ref><ref>Doug Saunders, "Hidden Face of Murder Frustrates Pursuers". Globe and Mail, October 22, 2002, pp.A9.</ref><ref>Robert Maas, "Abortion Doctor Stabbed in B.C.". ''[[The Globe and Mail]]'', July 12, 2000, page A3</ref><ref>Estanislao Oziewicz, "Potential Jurors Must Reveal Abortion Views". ''The Globe and Mail'', March 4, 2003, page A3</ref><ref>Michael Beebe, "Round Two for James Kopp: Anti-Abortion Activist Goes on Trial Again This Week for the Sniper Death of and Amherst Abortion Provider", ''[[The Buffalo News]]'', pg. 1, January 7, 2007</ref> |
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If he pleads guilty, he will be sentenced to a medium-security federal prison.[http://buffalonews.com/editorial/20061207/1030779.asp?PFVer=Story#topofpage] |
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[[Garson Romalis]] and Jack Fainman were also shot and wounded by unknown assailants.<ref>{{cite news|url=https://www.theglobeandmail.com/news/british-columbia/garson-romalis-risked-his-life-to-perform-abortions/article17052093/?page=all|title=Garson Romalis risked his life to perform abortions - the Globe and Mail|access-date=September 1, 2017|archive-url=https://web.archive.org/web/20170428234102/http://www.theglobeandmail.com/news/british-columbia/garson-romalis-risked-his-life-to-perform-abortions/article17052093/?page=all|archive-date=April 28, 2017|url-status=live}}</ref><ref>{{cite news|url=http://www.winnipegfreepress.com/arts-and-life/entertainment/books/A-shot-in-the-dark-133741193.html|title=A shot in the dark - Winnipeg Free Press|access-date=June 9, 2015|archive-url=https://web.archive.org/web/20151208063339/http://www.winnipegfreepress.com/arts-and-life/entertainment/books/A-shot-in-the-dark-133741193.html|archive-date=December 8, 2015|url-status=live}}</ref> An unnamed [[Perinton]] doctor was shot on October 28, 1997, the bullet narrowly missing their head. The doctor's name has been withheld by Monroe County police.<ref>{{cite news|url=https://www.nytimes.com/1999/05/15/nyregion/metro-news-briefs-new-york-possible-link-reported-in-shootings-of-doctors.html|title=METRO NEWS BRIEFS: NEW YORK; Possible Link Reported in Shootings of Doctors - the New York Times|newspaper=The New York Times |date=May 15, 1999 |access-date=February 16, 2017|archive-url=https://web.archive.org/web/20170917083348/http://www.nytimes.com/1999/05/15/nyregion/metro-news-briefs-new-york-possible-link-reported-in-shootings-of-doctors.html|archive-date=September 17, 2017|url-status=live}}</ref> |
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==Co-conspirators== |
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===Appeal to Federal Court=== |
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Kopp received help from a sympathetic [[anti-abortion]] activist couple, a Vietnam veteran and former stage and film actor Dennis Malvasi and his wife Loretta Marra of [[Brooklyn]], who pleaded guilty to one count each of [[conspiracy (crime)|conspiracy]] 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.<ref name="Guardian" /> On August 21, 2003, they were sentenced to time served, and released in October that same year. The two fugitive assisters later relocated to Newark, New Jersey and briefly changed their names to Joyce Maier and Ted Barnes.<ref name="Guardian" /> |
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Kopp has appealed to federal court. Kopp's trial is now underway and Judge Richard Arcara has been selected to preside. Arcara has limited what Kopp can say on the stand and also has prohibited Kopp from showing pictures of aborted fetuses. Furthermore, there is also a limitation to witness' accounts. If found guilty in federal court, Kopp faces a mandatory life sentence. [http://www.wkbw.com/Story.aspx?preview=&type=ln&NStoryID=17280] Kopp is accused of violating the Clinic Entrances Act and using a weapon in the murder of Dr. Barnett Slepian. Kopp has chosen to act as his own attorney. On day two of Kopp's federal trial during cross examination, Kopp attempted to have the court reporter of his previous state trial read back statements pertaining to abortion. Judge Arcara and prosecuters protested as he is barred from stating anti-abortion, religious or moral reasoning for his actions. Kopp is attempting to tell the jury why he did what he did because it pertains to the issue of intent. An angered Judge Acara instructed the jury to leave the courtroom and Kopp proceeded to highlight several statements from previous testimony which he wished to enter into evidence to which the judge called irrelevant. A supporter of Kopp's, John Tomasello shouted out "Irrelevant to what, judge?" Tomasello was then thrown out of the courthouse. The trial is expected to last less than three weeks. [http://wkbw.com/Story.aspx?type=ln&NStoryID=17373] |
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==Fictional portrayals and media== |
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===Abettors=== |
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The murder of [[Barnett Slepian]] inspired an episode of ''[[Law and Order: Criminal Intent]]'', "The Third Horseman", in season 1, episode 11.{{citation needed|date=October 2020}} |
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Kopp had not been evading justice on his own. He received help from sympathetic [[anti-abortion]] activists Loretta Marra and Dennis Malvasi, who accepted a plea bargain on [[April 15]], [[2003]], and pled guilty to one count of conspiracy in helping Kopp avoid capture. On [[August 21]], 2003, they were sentenced to time, served, and released. |
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Singer/songwriter [[Ani DiFranco]] wrote and performed the song, "Hello, Birmingham" about Kopp's shooting of Dr. Slepian. It is the sixth track on her tenth studio album, ''[[To The Teeth]]''.<ref>©️ Righteous Babe Records, Buffalo, NY 1999</ref> |
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==See also== |
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==See also== |
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*[[Army of God]] |
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*[[Anti-abortion violence in the United States]] |
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*[[Army of God (USA)]] |
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*[[Christian terrorism]] |
*[[Christian terrorism]] |
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*[[Domestic terrorism in the United States]] |
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*[[Donald Spitz]] |
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*[[Paul Schenck]] |
*[[Paul Schenck]] |
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==References== |
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{{Reflist}} |
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==External links== |
==External links== |
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* [https://web.archive.org/web/20060116214857/http://www.prochoice.org/about_abortion/violence/james_kopp.html Anti-abortion Extremist James Kopp] |
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* [http://www.courttv.com/trials/kopp/ Court TV complete coverage of James Kopp murder trial] |
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* [https://web.archive.org/web/20050907155108/http://www.courttv.com/trials/kopp/ Court TV complete coverage of James Kopp murder trial] |
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* [http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Render&c=Page&cid=1082111582925 Sniper: The True Story of James Kopp] 42-Chapter Online news series |
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* [https://web.archive.org/web/20060117184436/http://www.plannedparenthood.org/pp2/portal/files/portal/webzine/eyeonextremism/eoe-kopp-chronology.xml James Kopp: A Chronology of Violence] |
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* [http://www.prochoice.org/about_abortion/violence/james_kopp.html Anti-abortion Extremist James Kopp] |
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* [http://www. |
* [http://www.feminist.org/news/newsbyte/news_results.asp?Body=kopp Feminist Daily News stories about Kopp] |
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* [http://www.feminist.org/news/newsbyte/news_results.asp?Body=marra Feminist Daily News stories about Marra] |
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* [http://www.niagarafallsreporter.com/kopptrial5.html Kopp Flops in Bid for Martyrdom] |
* [http://www.niagarafallsreporter.com/kopptrial5.html Kopp Flops in Bid for Martyrdom] |
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* [http://hatemonitor.csusb.edu/most_wanted/Kopp2.html Archive of Kopp's FBI Most Wanted info] |
* [http://hatemonitor.csusb.edu/most_wanted/Kopp2.html Archive of Kopp's FBI Most Wanted info] |
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* [http://www.usdoj.gov/opa/pr/2001/June/253ag.htm DOJ statement on Kopp Extradition] |
* [http://www.usdoj.gov/opa/pr/2001/June/253ag.htm DOJ statement on Kopp Extradition] |
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* http://news.lp.findlaw.com/hdocs/docs/kopp/usmalvasimarra101702ord.pdf |
* [http://news.lp.findlaw.com/hdocs/docs/kopp/usmalvasimarra101702ord.pdf Findlaw profile of Kopp case] |
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* http://www.christiangallery.com/koppdidit.htm |
* [http://www.christiangallery.com/koppdidit.htm christiangallery.com] |
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* Public Press Releases |
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* http://www.interpol.int/Public/ICPO/PressReleases/PR2001/PR200105.asp |
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* http://www.usdoj.gov/opa/pr/2002/June/02_ag_335.htm |
* [http://www.usdoj.gov/opa/pr/2002/June/02_ag_335.htm Department of Justice] |
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* Kopp's Federal Court Case |
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* [http://www.feminist.org/news/newsbyte/news_results.asp?Body=kopp Feminist Daily News stories about Kopp] |
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* [http://www.feminist.org/news/newsbyte/news_results.asp?Body=marra Feminist Daily News stories about Marra] |
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* [http://www.msmagazine.com/news/news_results.asp?Title=&Body=kopp Search Ms. for Kopp] |
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* [http://www.wkbw.com/Story.aspx?preview=&type=ln&NStoryID=17280 Kopp's Federal Court Case] |
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{{DEFAULTSORT:Kopp, James Charles}} |
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{{DEFAULTSORT:Kopp, James Charles}} |
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[[cs:James Charles Kopp]] |
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[[simple:James Kopp]] |
Latest revision as of 03:28, 30 October 2024
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (July 2011) |
James Charles Kopp | |
---|---|
FBI Ten Most Wanted Fugitive | |
Charges | Murder, Violation of the Freedom of Access to Clinic Entrances (FACE) act |
Description | |
Born | Pasadena, California, U.S. | August 2, 1954
Status | |
Convictions | Federal Violating the FACE Act resulting in death (18 U.S.C. § 248) Discharging a firearm during a crime of violence (18 U.S.C. § 924) New York Second degree murder |
Penalty | Federal Life without parole New York 25 years to life |
Status | Incarcerated |
Added | June 7, 1999 |
Caught | March 30, 2001 |
Number | 455 |
Captured | |
James Charles Kopp (born August 2, 1954) is an American who was convicted in 2003 for the 1998 sniper-style murder of Barnett Slepian, an American OB-GYN physician from Amherst, New York who performed abortions. Prior to his capture, Kopp was on the FBI's list of Ten Most Wanted Fugitives. On June 7, 1999, he had become the 455th fugitive placed on the list by the FBI. He was affiliated with the militant Roman Catholic anti-abortion group known as The Lambs of Christ.
He has been referred to as a terrorist by the National Memorial Institute for the Prevention of Terrorism,[1] and was "well-known in militant anti-abortion circles, where he was nicknamed Atomic Dog".[2]
Early life
[edit]James Charles Kopp was born in Pasadena, California and raised Lutheran, but later converted to Roman Catholicism. Kopp graduated from the University of California, Santa Cruz 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.[2]
Murder
[edit]On October 23, 1998, at approximately 10 p.m., Barnett Slepian was standing in the kitchen of his home in Amherst, New York. Kopp fired a single shot from a rifle from a nearby wooded area, which entered the Slepian home through a rear window. Slepian was a well-known obstetrician/gynecologist who performed abortions at a women's clinic in Buffalo, New York. He also maintained a private medical practice in an office in Amherst, New York. 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".[2]
Fugitive
[edit]The FBI believed that Kopp received assistance in fleeing the US, although Irish anti-abortion groups denied they assisted him.[2][3]
Kopp fled to Mexico under an assumed name and later to Ireland. He then fled Ireland one step ahead of police on a ferry to Brittany, France on March 12, 2001, with two Irish passports besides his original U.S. document.[2]
Arrest and Extradition
[edit]On March 29, 2001, Kopp was arrested without incident[4] by French law enforcement in the town of Dinan, Brittany, just after picking up a package containing $300[2] outside of a post office.[4][5] The United States requested his extradition. Attorney General John Ashcroft promised that the death penalty would not be sought, handed down or applied, a prerequisite according to the extradition treaty between France and the United States.[6] Ashcroft's promise was made over the objections of New York State Attorney General Eliot Spitzer and Erie County District Attorney Frank Clark, both of whom wanted the death penalty, though such a sentence is not available in the New York State criminal justice system. Spitzer and Clark argued that the charge of murder was a state charge, not a federal charge, and Ashcroft had no jurisdiction in the matter. The instruction chamber of the Rennes Court of Appeals ruled in favor of extradition. Kopp and his attorney, Herve Rouzaud-Le Bouef, appealed this ruling, stating that the "unsigned embassy letter was 'insufficient' as a guarantee, prompting Ashcroft's unusual direct intervention.[7]
In May 2002, Kopp waived all possible appeals in France and returned to the U.S. in June 2002.[8]
Trial and conviction
[edit]On March 11, 2003, Kopp waived his right to a jury trial. Based upon an agreement between the defense and prosecution — Erie County Assistant District Attorney Joseph Maruszak and defense attorney Bruce Barkett — Erie County Judge Michael D'Amico would be required to find Kopp guilty or not guilty 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, on May 9, 2003.[9] 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."[10] The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006 (Shawn P. Hennessy, attorney for respondent and Timothy Murphy, attorney for appellant). He is currently serving his sentence at Federal Correctional Institution, Mendota, his BOP ID being 11761-055.[11]
Appeals
[edit]Kopp filed an appeal with the United States District Court for the Western District of New York. Judge Richard Arcara was selected to preside. Arcara limited what Kopp could say on the stand and prohibited the defense from showing pictures of aborted fetuses. There are also limitations to witness' accounts. If found guilty in federal court, Kopp faced 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.[12] 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 forbade this, holding that under the federal rules of evidence, Kopp was barred from stating anti-abortion, religious or moral reasoning for his actions, which effectively prevented Kopp from giving any rationale for his actions.[citation needed]
Kopp was also charged in the United States District Court for the Western District of New York on a count of violating the Freedom of Access to Clinic Entrances Act. Kopp dismissed his court-assigned attorney, an assistant federal public defender, and chose to represent himself. On June 20, 2007, he was sentenced to life imprisonment plus 10 years for illegal use of a firearm.[13] Additionally, the court ordered his belongings auctioned off in order to pay $2.6 million to Slepian's family. Arcara told Kopp at the end of the trial:
You served as prosecutor, judge, jury and executioner. You decided that you know better than any law.[13]
In his opening statement to the jury, Kopp said that although Slepian's death was "a full-bore, 100 percent tragedy" 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 murder 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."[citation needed]
On April 6, 2009, The 2nd U.S. Circuit Court of Appeals upheld the life sentence holding that all issues raised were without merit.[14]
Other possible crimes
[edit]It has been speculated that Kopp has committed other crimes besides killing Slepian. The FBI notes that "the shooting was similar to shootings in the Rochester, New York area, and three Canadian cities during the fall of 1997, in which abortion doctors were shot in their homes".[15] Kopp has been charged by Canadian authorities in the 1995 shooting of an Ontario, Canada doctor, Hugh Short, one of a string of Remembrance Day Shootings.[16][17][18][19][20] Garson Romalis and Jack Fainman were also shot and wounded by unknown assailants.[21][22] An unnamed Perinton doctor was shot on October 28, 1997, the bullet narrowly missing their head. The doctor's name has been withheld by Monroe County police.[23]
Co-conspirators
[edit]Kopp received help from a sympathetic anti-abortion activist couple, a Vietnam veteran and former stage and film actor Dennis Malvasi and his wife Loretta Marra of Brooklyn, who pleaded guilty to one count each of conspiracy 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.[2] On August 21, 2003, they were sentenced to time served, and released in October that same year. The two fugitive assisters later relocated to Newark, New Jersey and briefly changed their names to Joyce Maier and Ted Barnes.[2]
Fictional portrayals and media
[edit]The murder of Barnett Slepian inspired an episode of Law and Order: Criminal Intent, "The Third Horseman", in season 1, episode 11.[citation needed]
Singer/songwriter Ani DiFranco wrote and performed the song, "Hello, Birmingham" about Kopp's shooting of Dr. Slepian. It is the sixth track on her tenth studio album, To The Teeth.[24]
See also
[edit]- Anti-abortion violence in the United States
- Army of God (USA)
- Christian terrorism
- Domestic terrorism in the United States
- Donald Spitz
- Paul Schenck
References
[edit]- ^ The Memorial Institute for the Prevention of Terrorism Archived September 30, 2007, at the Wayback Machine bio sketch of Kopp
- ^ a b c d e f g h Vulliamy, McDonald & Jeffries (2001) Abortion death hunt muzzles 'Atomic Dog': FBI Kept At Bay by Suspect Using A Secret Email System Archived December 2, 2016, at the Wayback Machine, The Guardian, April 1, 2001
- ^ Cusack, Jim; Humphreys, Joe (March 31, 2001). "Anti-abortion groups say they did not meet Kopp". The Irish Times. p. 7. Archived from the original on February 9, 2018. Retrieved February 8, 2018.
Irish anti-abortion groups have said they were unaware Mr James Kopp was hiding in Ireland. He spent 12 months in this State using false identities. ... A Pro-Life Campaign spokesman, Mr John Smyth, said "there was not a murmur going around in any circle that he was here," adding that Mr Kopp would have been "very foolish" to try to contact groups here. .. A Youth Defence spokesman, Mr Justin Barrett, was surprised to hear that Mr Kopp spent a year in Ireland.
- ^ a b "Public profile on the public FBI's knowledgebase of the FBI". fbi.gov. Archived from the original on January 4, 2017. Retrieved January 17, 2019.
- ^ "Murder Suspect Arrested In France". The Washington Post.
- ^ "#253: 06-07-01 STATEMENT BY THE ATTORNEY GENERAL ON JAMES CHARLES KOPP EXTRADITION". www.justice.gov. Retrieved June 26, 2022.
- ^ Richburg, Keith B. (June 29, 2001). "Court in France Approves Extradition of U.S. Fugitive". Washington Post. ISSN 0190-8286. Retrieved June 26, 2022.
- ^ "Murder Suspect Agrees to Extradition". Los Angeles Times. May 28, 2002.
- ^ "Kopp sentenced to 25 years to life".
- ^ Killer of New York abortion doctor gets maximum 25 years to life sentence Archived December 5, 2005, at the Wayback Machine from CourtTV News
- ^ "BOP: Federal Inmates by Name".
- ^ "Judge warns Kopp that representing himself is a mistake". April 27, 2006.
- ^ a b Michael Beebe (June 20, 2007). "Kopp gets life without parole in Slepian killing". The Buffalo News. Archived from the original on June 27, 2007.
- ^ "Sentence upheld in abortion doctor slaying". NBC News. April 6, 2009.
- ^ Facts and Figures 2003 Archived December 27, 2016, at the Wayback Machine from the FBI
- ^ Anti-Abortion Extremists -James Kopp Archived January 16, 2006, at the Wayback Machine
- ^ Doug Saunders, "Hidden Face of Murder Frustrates Pursuers". Globe and Mail, October 22, 2002, pp.A9.
- ^ Robert Maas, "Abortion Doctor Stabbed in B.C.". The Globe and Mail, July 12, 2000, page A3
- ^ Estanislao Oziewicz, "Potential Jurors Must Reveal Abortion Views". The Globe and Mail, March 4, 2003, page A3
- ^ Michael Beebe, "Round Two for James Kopp: Anti-Abortion Activist Goes on Trial Again This Week for the Sniper Death of and Amherst Abortion Provider", The Buffalo News, pg. 1, January 7, 2007
- ^ "Garson Romalis risked his life to perform abortions - the Globe and Mail". Archived from the original on April 28, 2017. Retrieved September 1, 2017.
- ^ "A shot in the dark - Winnipeg Free Press". Archived from the original on December 8, 2015. Retrieved June 9, 2015.
- ^ "METRO NEWS BRIEFS: NEW YORK; Possible Link Reported in Shootings of Doctors - the New York Times". The New York Times. May 15, 1999. Archived from the original on September 17, 2017. Retrieved February 16, 2017.
- ^ ©️ Righteous Babe Records, Buffalo, NY 1999
External links
[edit]- Anti-abortion Extremist James Kopp
- Court TV complete coverage of James Kopp murder trial
- James Kopp: A Chronology of Violence
- Feminist Daily News stories about Kopp
- Feminist Daily News stories about Marra
- Kopp Flops in Bid for Martyrdom
- Archive of Kopp's FBI Most Wanted info
- DOJ statement on Kopp Extradition
- Findlaw profile of Kopp case
- christiangallery.com
- Public Press Releases
- Department of Justice
- Kopp's Federal Court Case
- FBI Ten Most Wanted Fugitives
- 1954 births
- 20th-century American criminals
- American assassins
- American criminal snipers
- American people convicted of murder
- American prisoners sentenced to life imprisonment
- Anti-abortion violence in the United States
- California State University, Fullerton alumni
- Catholics from California
- Converts to Roman Catholicism from Lutheranism
- Fugitives
- Living people
- People convicted of murder by New York (state)
- People convicted of murder by the United States federal government
- Prisoners sentenced to life imprisonment by New York (state)
- Prisoners sentenced to life imprisonment by the United States federal government
- People from Pasadena, California
- Perpetrators of religiously motivated violence in the United States
- University of California, Santa Cruz alumni