Court Recommends Extradition of Kopp
R E N N E S, France, June 28, 2001 -- A French court today recommended the extradition to the United States of James Charles Kopp — one of the FBI's most wanted fugitives, charged in the 1998 sniper-style killing of a New York doctor who performed abortions.
The three-judge panel in this northern city said it wasrecommending extradition only on the condition that "the deathpenalty will not be requested, pronounced or applied." U.S.Attorney General John Ashcroft has already said the United Stateswill not seek the death penalty.
The question of whether Kopp could face execution hadcomplicated the extradition process. France, which abolishedcapital punishment in 1981, does not extradite suspects who facethe death penalty at home.
Kopp, who sat expressionless as the court announced itsdecision, has until next Wednesday to decide whether to appeal. Hisattorneys said he hasn't yet made a decision.
‘No Death Penalty Whatsoever’
His lawyer, Herve Rouzaud-LeBoeuf, said, "This is the decisionI was hoping for."
"There was no doubt that the court would say yes [toextradition]. What is important for us is that on the death penaltyissue, the court has only said yes ... under the condition thatthere will be no death penalty whatsoever."
Announcing the decision, Judge Dominique Bailhache, head of thepanel, noted the court had received a letter from the U.S. Embassy"that constitutes an unequivocal commitment to exclude the deathpenalty." However, he said he still hoped the U.S. governmentwould make a firmer declaration.
The panel said it believed Kopp could get a fair trial in hisown country.
Kopp On FBI’s 10 Most Wanted List
Kopp, 46, is one of the FBI's 10 most wanted fugitives. He ended2½ years on the run on March 29, when he was captured by Frenchpolice in the western town of Dinan.
The California native has denied shooting Dr. Barnett Slepian ofAmherst, N.Y., as the doctor was making soup in his kitchen. Entering the court before Thursday's hearing, Kopp said toreporters, "Who killed Dr. Slepian? That's the only question youshould ask."
He faces a state murder charge and the additional charge ofviolating the federal Freedom of Access to Clinic Entrances Act byusing deadly force against a doctor who performs abortions. Thestate charge carries up to life in prison and the federal chargecan bring the death penalty.
Ashcroft said earlier this month that the United States wouldn'tseek the death penalty "in order to ensure that Kopp is notreleased from custody and is brought to justice in America."
"The priority must be Kopp's return," he said.
Kopp, known as "Atomic Dog" in anti-abortion circles, is alsowanted by Canadian authorities for allegedly wounding three doctorsthere.
Kopp, Lawyers Mulling Appeal
Kopp and his lawyers are debating whether to appeal to the Courtof Cassation, France's highest court. A final step would be theapproval of French Prime Minister Lionel Jospin, necessary for allextraditions. Kopp's lawyers at that point could ask for a reviewby the State Council, a top administrative body whose members arenot judges.
Prosecutor Robert Baffert said the very earliest an extraditioncould be expected would be a month from now.
Slepian, 52, an obstetrician-gynecologist who also performedabortions, had just returned from synagogue on Oct. 23, 1998, whenhe was killed by a single rifle shot that came through a window.
Kopp disappeared 11 days later, just a day before U.S.authorities issued a warrant in hopes of questioning him. U.S.investigators believe Kopp fled first to New York City, then NewJersey, then Ireland, and finally France.