By Eileen Buckley
Buffalo, NY – Anti-abortion extremist James Kopp was found guilty Tuesday of intentional murder in the 1998 shooting death of Dr. Barnett Slepian. Erie County Court Judge Michael D'Amico delivered the verdict.
Defense attorney Bruce Barket says they are disappointed, but not surprised by the decision. Barket also says Kopp is "devastated" and terribly sorry that Slepian died.
It was Kopp's defense that he only intended to wound the doctor. Slepian's widow, Lynne, and one of her four sons sat in the court as the guilty verdict was read. Prosecutor Joseph Marusak says Mrs. Slepian is asking that her privacy remain protected as she relives the nightmare of her husband's murder.
Barket says he will appeal the decision and expects Kopp to speak at his sentencing May 9th.
Kopp's non-jury murder trial lasted just one day Monday.
At the start of his trial Kopp looked out across the courtroom and smiled at Rev. Michael Bray -- a leader of the anti-abortion extremist group known as the Army of God.
Barket argued that Kopp's intention was to wound -- not kill Slepian. Barket says his client used force to save the unborn. That he fought for the unborn, consistent with the teachings of Kopp's Roman Catholic faith.
But Marusak says the shooting was an "act of religious terrorism." Marusak also argued that Kopp purchased an assault rifle and used military style bullets.
"Anyone who purchases and practices with a high powered, highly automatic semi-automatic assault rifle with military bullets and lines somebody up with the cross-hairs in the back and rips a bullet through him is intending to kill him," Marusak said.
But Barket says Kopp was certain his rifle was an accurate shot for only wounding Slepian.
"He (Kopp) ought to be acquitted of the intentional murder because he did not intend to kill him (Slepian)," Barket said. "He ought to be acquitted of the depraved count because the conduct he engaged in does not fit the legal definition of depraved murder as that term is defined under New York law."
The one-day trial consisted of a stipulation of facts agreed to by both sides. It included Kopp's published confession admitting that he shot Slepian in October 1998, but only intended to wound him.
The evidence also included information that Kopp buried the rifle in the wooded area behind Slepian's home, as well witness statements from at least five residents who claimed they saw Kopp in the neighborhood.
A teenaged girl said as police converged on Slepian's home the night of the murder that she witnessed a man jumping into the passenger side of a car parked nearby. She says the car sped away. What remains unknown is who drove the get-a-away vehicle.
Bray, from the Army of God, said he came to support Kopp and believes he's innocent of the charges.
"We don't call it murder when a police officer shoots someone in defense of an innocent person," Bray said. "We don't call it murder when a soldier kills."
National Abortion Federation president Vicki Saporta also traveled to Buffalo to listen to the one-day trial. Saporta says her organization is concerned that if Kopp is convicted, someone else in the militant anti-abortion group could continue the violence against abortion doctors.
"It's important that we figure out who aided and abetted him, so that those people are put behind bars as well," Saporta said. "We need to stop that network from continuing to recruit the next person."
Saporta says she believes Loretta Marra is a "key suspect" in helping Kopp with the Slepian shooting. Marra faces federal charges for helping Kopp elude police.