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Updated March 11, 2003, 7:07 p.m. ET

Abortion provider's killer waives jury
James Kopp, who was on the lam for three and a half years, has admitted to killing an obstetrician who provided abortions.

The confessed killer of a Buffalo, N.Y., area physician has decided that his chances of acquittal could be better with a judge rather than a jury.

The decision by James Kopp, an anti-abortion extremist, was accepted Tuesday by Erie County Judge Michael D'Amico after Kopp assured the judge he knew what he was doing. As a result, some 400 prospective jurors who filled out 16-page questionnaires will be thanked for their time and sent home.

Kopp's lawyer, Bruce Barket, told Courttv.com Tuesday that he is "comfortable" with Kopp's desire for a bench trial under the circumstances. Kopp confessed to shooting and killing obstetrician Dr. Barnett Slepian in a jailhouse interview with the Buffalo News in November but insists that he meant only to maim Slepian, thus keeping him from performing abortions.

Instead of a jury trial that could have lasted a month, Kopp's trial may only last a day. Beginning Monday, D'Amico will listen to a litany of stipulated facts in the case and then hear closing arguments.

The main issues D'Amico will have to decide are whether Kopp ended Slepian's life intentionally and whether his actions represented such a "depraved indifference" that the death was a likely result.

Kopp's intentions and motive when he fired a rifle's bullet through Slepian's kitchen window might not have been fully appreciated in the context of New York's second-degree murder statute, Barket explained Tuesday.

"He has admitted shooting the doctor and he died. [Jurors] don't understand the distinction of unintentional result of intentional conduct," Barket said. "The judge can look at New York's 'depraved indifference' [law] differently. It's going to be interesting."

By agreeing to stipulate to the facts of the case in order to get a bench jury, Kopp is giving up his right to testify. Barket said that his abortion views, however, will be made well-known during summations.

"He gets his views on abortion [on the record] in a way that is more effective and he is basically getting a tremendously better chance of getting acquitted completely," Barket said.

Erie County District Attorney Frank Clark did not return numerous calls. He has told local newspapers in Buffalo, however, that he would not consider a plea bargain for Kopp.

The Associated Press quoted Barket's co-counsel, John Elmore, as saying he would seek to be let off the case if Kopp got his way and was granted a bench trial.

"He's not in love with the idea, but he's still on the case," Barket said. "Reasonable people can differ. Jim gets to make the call. I'm along for the ride."

Kopp, 48, is also suspected in other shootings in the U.S. and Canada in which three abortion providers were wounded or killed. He faces 25 years if convicted of killing Slepian and is awaiting trial under federal statutes designed to protect people who seek or provide abortions legally.

Kopp angered some in the pro-life community when he admitted to the killing in November after spending months attacking the evidence against him. His decision to waive a jury trial is certain to disappoint some in the movement who had hoped a lengthy jury trial would educate people about abortion.

"I think people have been blinded to the reality of abortion and can be enlightened," said leading anti-abortion activist Michael Bray, who writes and speaks frequently in defense of people who assassinated abortion providers. "Human life is being destroyed in mass number and people are blind to it. They can be awakened."
 

 


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