By Eileen Buckley
Buffalo, NY – Prosecutors will be allowed to obtain handwriting samples from James Kopp. The anti-abortion activist is facing state murder charges for the 1998 slaying of Dr. Barnett Slepian. Both sides argued in Erie County Court yesterday on the issue of how the samples would be obtained.
Kopp was escorted once again in handcuffs into Judge Michael D'Amico's courtroom Monday for a pre-trial motion on handwriting samples.
The judge will allow prosecutors to use a form that has random boxes on a piece of paper. But Kopp's attorney Paul Cambria argued in court that the form could create "false comparisons" of his client's handwriting.
"I think that is nonsense myself," said Cambria.
Cambria believes prosecutors are seeking the writing samples to "try and match" them to paper work filled out for the purchase of a weapon at gun shop in Tennessee.
But prosecutor Joseph Marusak said he can not comment on what evidence they will use to compare Kopp's handwriting. Prosecutors say they will instruct Kopp to write a specific word on the form.
"What we are in the stage of now is collecting Kopp's handwriting sample so that an expert trained in that field can examine and compare the note with handwriting samples with the samples we have collected during our investigation," said Marusak.
Writing samples could be collected as early as this week if the defense complies with the court order.
Last month the judge ordered that Kopp submit DNA. Prosecutors say so fair the defendant has given blood, hair and saliva samples.
Both sides will be back in court September sixth to continue pre-trial motion arguments.