Abortion Doctor's Murderer Claims Shooting He Planned For A Year "Not Premeditated".

[Richard Steele]

http://www.cnn.com/2007/LAW/01/10/abortion.doctor.ap/index.html


SNIP>
Kopp, who is serving 25 years to life on a state conviction
of second-degree murder, is charged with violating the
Freedom of Access to Clinic Entrances act by killing Slepian,
who provided abortions.

SNIP>
Kopp used his opening statement to tell jurors that Slepian's death was
"a full-bore, 100 percent tragedy" but was not murder because it was not
malicious or premeditated.

He has acknowledged planning the shooting for a year
and then firing a high-powered military rifle with telescopic
sights from the woods behind the Slepian home, but he has said
he meant only to wound the doctor to prevent him from performing
abortions.

"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"
with premeditation, Kopp said.

[WindRavenX]

1. Eh, but these people aren't terrorists

They're freedom fighters for white fetuses!

:sarcasm:

[baldguy]

16. Right.

James Kopp is NEVER identified as a terrorist in the corporate media, because he's a white Republican.

[VelmaD]

2. this guy is a good candidate...

for a retroactive abortion via shovel to the head. What a tool.

[Solly Mack]

3. Does Kopp also work as a Bush speech writer when not planning murders?

[Richard Steele]

7. EXACTLY why this story caught my eye tonight.

The same sociopathic denial of obvious, overwhelming truth.
Even previously admitted truth.

[Solly Mack]

8. First thing I thought of....Bush

[Tandalayo_Scheisskopf]

4. Let's take it from the top:

Planning for a year, waiting outside the home, using a high-powered and scoped rifle and shooting him through the wall is not premeditated murder.

Oh yeah. That's a great defense.

Why is this chucklehead not up on Murder One charges? Why has the judge not upgraded the charges on the basis of this defense alone?

[porphyrian]

5. That would clearly be first degree murder to a jury.

That stuff is spelled out with little wiggle room, and prosecutors almost always push for the harshest sentence possible. Did he get second degree in a deal or was it a separate crime? Maybe I'm just tired, but I don't get it.

[Manifestor_of_Light]

9. yeah, why didn't the grand jury DA push for first degree

indictment, or capital murder as it's called in Texas? Premeditated murder is the highest degree of culpability in homicide cases.

Those people are domestic terrorists and they are scary!! I've had to be in the same courtroom with them and it produces PTSD, IMNSHO.

[porphyrian]

10. I was on a Grand Jury way back, and our DA always pushed for the highest possible sentence.

Maybe they didn't have enough of a case for it before they presented to the Grand Jury, and second degree was the harshest they could go for. :shrug:

[Richard Steele]

11. Here's some info on that first (state ) conviction:

http://www.cnn.com/2003/LAW/03/18/kopp.murder.trial/index.html

Although the story doesn't clear up the question completely,
I get the impression that the "2nd Degree" conviction was due
to his consistent claims that he only intended to WOUND his
victim.

[Mabus]

12. New York Penal Code's definition of first degree murder is:

There are very specific circumstances under which a person can be charged with Murder in the first degree in New York. Here is the relevant statute.

Section 125.27 Murder in the first degree

A person is guilty of murder in the first degree when:

1. With intent to cause the death of another person, he causes the death of such person or of a third person; and

(a) Either:

(i) the intended victim was a police officer as defined in subdivision 34 of section 1.20 of the criminal procedure law who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer; or

(ii) the intended victim was a peace officer as defined in paragraph a of subdivision twenty-one, subdivision twenty-three, twenty-four or sixty-two (employees of the division for youth) of section 2.10 of the criminal procedure law who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was such a uniformed court officer, parole officer, probation officer, or employee of the division for youth; or

(iii) the intended victim was an employee of a state correctional institution or was an employee of a local correctional facility as defined in subdivision two of section forty of the correction law, who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was an employee of a state correctional institution or a local correctional facility; or

(iv) at the time of the commission of the killing, the defendant was confined in a state correctional institution or was otherwise in custody upon a sentence for the term of his natural life, or upon a sentence commuted to one of natural life, or upon a sentence for an indeterminate term the minimum of which was at least fifteen years and the maximum of which was natural life, or at the time of the commission of the killing, the defendant had escaped from such confinement or custody while serving such a sentence and had not yet been returned to such confinement or custody; or

(v) the intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced, or the intended victim had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution for such prior testimony, or the intended victim was an immediate family member of a witness to a crime committed on a prior occasion and the killing was committed for the purpose of preventing or influencing the testimony of such witness, or the intended victim was an immediate family member of a witness who had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution upon such witness for such prior testimony. As used in this subparagraph "immediate family member" means a husband, wife, father, mother, daughter, son, brother, sister, stepparent, grandparent, stepchild or grandchild; or

(vi) the defendant committed the killing or procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement; or

(vii) the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, burglary in the first degree or second degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the first degree or escape in the first degree, or in the course of and furtherance of immediate flight after committing or attempting to commit any such crime or in the course of and furtherance of immediate flight after attempting to commit the crime of murder in the second degree; provided however, the victim is not a participant in one of the aforementioned crimes and, provided further that, unless the defendant's criminal liability under this subparagraph is based upon the defendant having commanded another person to cause the death of the victim or intended victim pursuant to section 20.00 of this chapter, this subparagraph shall not apply where the defendant's criminal liability is based upon the conduct of another pursuant to section 20.00 of this chapter; or

(viii) as part of the same criminal transaction, the defendant, with intent to cause serious physical injury to or the death of an additional person or persons, causes the death of an additional person or persons; provided, however, the victim is not a participant in the criminal transaction; or

(ix) prior to committing the killing, the defendant had been convicted of murder as defined in this section or section 125.25 of this article, or had been convicted in another jurisdiction of an offense which, if committed in this state, would constitute a violation of either of such sections; or

(x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain; "depraved" means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain; or

(xi) the defendant intentionally caused the death of two or more additional persons within the state in separate criminal transactions within a period of twenty-four months when committed in a similar fashion or pursuant to a common scheme or plan; or

(xii) the intended victim was a judge as defined in subdivision twenty-three of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a judge; or

(xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; and

(b) The defendant was more than eighteen years old at the time of the commission of the crime.
http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(1)-.htm

According to the same website, second degree murder is a lot more simple:

Section 125.25 Murder in the second degree

A person is guilty of murder in the second degree when:

1. With intent to cause the death of another person, he causes the death of such person or of a third person; (then it talks about affirmative defenses)

edited to add link to definition of terrorism: http://wings.buffalo.edu/law/bclc/web/NewYork/ny4.htm#490.05 Doesn't seem to include our unique homegrown fundamentalist variety.

[Richard Steele]

13. Well, there's the explanation for that. Thanks Mabus! nm

[ET Awful]

14. Based on that, I'd like to see paragraph (b) of subdivision one of section 490.05

Just so I can verifiy that this crime doesn't meet the definition of "terrorism" outlined (per section xiii).

[Mabus]

18. I provided a link to the terrorism stuff at the bottom of my earlier post

But here it is again. http://wings.buffalo.edu/law/bclc/web/NewYork/ny4.htm#490.05

In fact, here is the section

As used in this article, the following terms shall mean and include:

1. "Act of terrorism":

(a) for purposes of this article means an act or acts constituting a specified offense as defined in subdivision three of this section for which a person may be convicted in the criminal courts of this state pursuant to article twenty of the criminal procedure law, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to:

(i) intimidate or coerce a civilian population;

(ii) influence the policy of a unit of government by intimidation or coercion; or

(iii) affect the conduct of a unit of government by murder, assassination or kidnapping; or

(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to:

(i) intimidate or coerce a civilian population;

(ii) influence the policy of a unit of government by intimidation or coercion; or

(iii) affect the conduct of a unit of government by murder, assassination or kidnapping.

2. "Material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

3. (a) "Specified offense" for purposes of this article means a class A felony offense other than an offense as defined in article two hundred twenty, a violent felony offense as defined in section 70.02, manslaughter in the second degree as defined in section 125.15, criminal tampering in the first degree as defined in section 145.20, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, money laundering in support of terrorism in the fourth degree as defined in section 470.21, money laundering in support of terrorism in the third degree as defined in section 470.22, money laundering in support of terrorism in the second degree as defined in section 470.23, money laundering in support of terrorism in the first degree as defined in section 470.24 of this chapter, and includes an attempt or conspiracy to commit any such offense.

4. "Renders criminal assistance" for purposes of sections 490.30 and 490.35 of this article shall have the same meaning as in section 205.50 of this chapter.


5. "Biological agent" means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such micro-organism, virus, infectious substance, or biological product, capable of causing:

(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

(b) deterioration of food, water, equipment, supplies, or material of any kind; or

(c) deleterious alteration of the environment.

6. "Toxin" means the toxic material of plants, animals, micro-organisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:

(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(b) any poisonous isomer or biological product, homolog, or derivative of such a substance.

7. "Delivery system" means:

(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

(b) any vector.

8. "Vector" means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

9. "Biological weapon" means any biological agent, toxin, vector, or delivery system or combination thereof.

10. "Chemical weapon" means the following, together or separately:

(a) a toxic chemical or its precursors;

(b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;

(c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or

(d) any device that is designed to release radiation or radioactivity at a level dangerous to human life.

11. "Precursor" means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system, and includes precursors which have been identified for application of verification measures under article VI of the convention in schedules contained in the annex on chemicals of the chemical weapons convention.

12. "Key component of a binary or multicomponent chemical system" means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

13. "Toxic chemical" means any chemical which through its chemical action on life processes can cause death, serious physical injury or permanent harm to humans or animals, including all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere, and includes toxic chemicals which have been identified by the commissioner of health and included on the list of toxic chemicals pursuant to subdivision twenty of section two hundred six of the public health law.

14. The terms "biological agent", "toxin", and "toxic chemical" do not include any biological agent, toxin or toxic chemical that is in its naturally occurring environment, if the biological agent, toxin or toxic chemical has not been cultivated, collected, or otherwise extracted from its natural source.

15. "Select chemical agent" shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of section two hundred six of the public health law.

16. "Select biological agent" shall mean a biological weapon which has been identified in regulations promulgated pursuant to subdivision twenty-one of section two hundred six of the public health law.

17. "Chemical weapons convention" and "convention" mean the convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, opened for signature on January thirteenth, nineteen hundred ninety-three.

[ET Awful]

19. Thanks.

I guess he could narrowly skirt the "terrorism" definition. . . he can skate by the "intimidate or coerce a civilian population" simply by virtue of the fact that he was attempting to intimidate an individual, not an entire population, depending on how a court chose to interpret the clause.

[Mabus]

20. You're most welcome

If there is a question as to how interpret the statute the court will look to the legislative record. That is, the types of crimes did the legislators intend to be covered by the statute. So, it isn't so much the court's interpretation of the statute or what the prosecutor decided to charge as much as it is what the legislature intended to accomplish when they debated and passed the bill.

[Drum]

6. Drum to Killer:

Consulting a thesaurus does not mean that you endorse evolution. But if ya did, you'd admit to premeditaion, ya jerk....

Sheesh!

[baldguy]

15. There's a reason Noah didn't bring the thesaurus on the ark.

[sendero]

17. Nice try douchebag..

... when you fire a high-powered rifle at someone, that's called deadly force.

Juries can be stupid on occassion, but good luck finding one THAT stupid.