by Jon Wells
There was something else that worried him. There was a signature missing on the letter from the U.S. embassy—Ashcroft’s. It should be there, he thought. This was an important case, shouldn’t the attorney general himself make the decision? Now, on the other hand, it was unthinkable that top American officials would renege on such a promise. It would be a gross violation of international law. But there was still that risk, however small. On June 7, Rouzaud–Le Boeuf got what he was looking for—a public statement from Ashcroft on the extradition agreement:
James Charles Kopp committed a heinous crime that deserves severe punishment. We need to send a strong message that, no matter what our differences are, violence is not the solution. The FACE laws were created to ensure that violence against individuals providing legally available health services is not tolerated and will carry a stiff penalty, and I intend to enforce those laws. Shortly after the arrest, the French government, pursuant to its law and practice, asked the United States to assure it that the death penalty will not be imposed or carried out. Nevertheless, I have been working to ensure the United States’ ability to pursue strong punishment for this terrible crime. I wanted to make sure that our nation would not be constrained by limits placed on Kopp’s extradition by France, preventing us from seeking punishment outlined by our laws and our Constitution, such as the death penalty. Unfortunately, in order to ensure that Kopp is not released from custody and is brought to justice in America, we have had to agree not to seek the death penalty. I share the sentiments of Dr. Slepian’s widow, Lynne Slepian, that if the choice is between extraditing Kopp to face these serious charges in a United States court or risking his release by France, the priority must be Kopp’s return.
On June 28, the Court of Appeals in Rennes ruled that Kopp should be extradited to the United States for trial. But to Jim the game was just beginning. He was a lawyer’s son, after all. He decided to challenge the court’s decision. If he could delay his return, all the better. And if the ruling was by some chance overturned, he could remain in Europe indefinitely. As for the death penalty, he didn’t trust any of them back home, not even the pro-life conservative Ashcroft, whose hands were surely tied on the matter. The abortion industry was bigger than any one man. They all wanted him to suffer. The Edgars were no doubt putting the full-court press on anyone he had ever known or loved back home, he thought. No, once the Americans got him back home, all bets were off. He was certain “The Government” would never cease trying to make an example of him. And that meant that a lethal injection might still await James C. Kopp.
* * *
Rennes, France
Spring 2001
As Jim Kopp waited for the appeal court to rule, he wrote letters to family and friends. Now was his chance to explain the last two and a half years. Jim was certain the FBI had given his brother, Walter, who still lived in California, a rough ride. In his mind’s eye he could see the men in dark suits and sunglasses hounding his twin brother. “Yeah, uh, gee, Walt, we think you oughta cooperate—seems we found this stuff called DNA at the murder scene. James Kopp’s DNA. Couldn’t be anyone else’s DNA. Well, unless of course the killer had a twin. You reading us here, partner? Jail is not a pleasant place to be, Walt…”
He wrote Walter, protesting his innocence, defending his convictions:
I have been framed. I guess I just wanted to make certain you knew there was no deal on the table and likely not to be with the way I have been drawn and quartered before I even got to court. They knew they didn’t have to deal, not after the job they have done on me… I don’t blame you one bit if you are upset and frustrated. Me too, you know. I didn’t do this. But one thing I am guilty as hell about is my religion and beliefs, especially pro-life. In that regard I’m no different from all the people being put in new graves in Israel and Beijing… I know this is hard. You are suffering, through no fault of your own, for your brother’s religion. Many people in Russia and China are dead over this. You are so kind to keep asking to help when all I gave you, via the movement, not via killing anybody, is grief. I guess what I’m trying to say is that it is my religion and belief that bother the powers that be. If I were not pro-life, they would have not gotten this far. Actually, they would never have thought of it. I would be no greater a suspect than you are… My current lawyer, who I hope to keep, hates pre-trial publicity. But there is another set of lawyers out there who I have no control over who want to show the world about how I have been framed.
In another letter to Walt, he further developed his self-portrait as innocent fall guy:
If I could name who shot Slepian, I would. But I do not know for certain. I suspect I’m in trouble because I can make a good guess. But it’s nothing they don’t already know. Even if the FBI knew I did not do it, it’s too late for them to change horses and stick the blame on someone else. Do not to be ashamed is my word. I would think that’s good enough. But most people only believe what they read in the newspaper.
He wrote a long letter to Susan Brindle, intended as a message for all his friends to see—and he knew the Edgars would be reading it at their leisure, too:
The Peace of the Lord be always with you, but especially today!
I don’t like writing generic letters, i.e. letters intended for more than one person, but I am out of paper and stamps, and so many people have written. Also, it is tedious to repeat things, to the point where I don’t repeat them, and even good friends, as a result, are clueless.
As I told the extradition judge here, I am innocent of this terrible thing, and I desire to enter an American court as soon as possible to clear my name. Any delays toward that goal are procedural in terms of the slow grinding of the wheels of justice. Some advantage accrues to my defense lawyers in that they can prepare a defense.
Preparing a defense in this sense does not mean merely establish my alibi and things like that, things I could have attempted two and a half years ago. “Preparing a defense” means becoming familiar with the bizarre twists against me. For example, you would think that hair or carpet fiber appearing in a forest is laughable enough, and not hardly worth refuting, especially as both appear in connection with the stealing of my car from an airport parking lot. But suppose other defects appear in the hair itself; and you can get the hair omitted by pointing this out? Do you see what I mean? These are the sorts of decisions Mr. Cambria (my lawyer) must face. All of this stuff has to be evaluated on its merits, even if its appearance is ludicrous.
Why did I run away if I’m innocent? This is what everyone wants to know. The answer is a person, not a thing or an idea. The person is Maurice Lewis, R.I.P., who was poisoned in Canada in 1996, roughly.
Maurice’s body was found in a truck parked on the side of the road. His body had lain there two days. The official cause of death is “no apparent cause” or trauma—nothing except that he was dead. The RCMP report indicated the presence of someone who cleaned up the death scene before the RCMP got there (Royal Canadian Mounted Police—like CHPs, or State Troopers in the United States). Why do we know this? The RCMP makes no reference to any wrappers, papers, soda cans or bottles or bags that one would associate with eating a snack. The only people I know with no food wrappers in their cars are people who only eat in restaurants on long drives. Maurice Lewis was not such a person. All prolifers eat cheap so they can save money to pay for the expenses of pregnant women, which Maurice Lewis did do.
I spent six weeks alone with Maurice in a strip cell in Rome, when we were beaten. I know about him. So, the death of Maurice weighed on my mind in Fall 1998, when the first news of the FBI seeking me as a witness came on the news (i.e. if that’s how they treated Maurice, what about me?). Then there was the matter of the 1985 San Francisco trial against me for charges of assault with a deadly weapon. I was acquitted, but what a pain! I was not interested in repeating that experience.
Then there were outstanding warrants in a jurisdiction where I had just finished suing (unsuccessfully) the warden, who, (before I sued him) had mur
dered two inmates, crushing them to death in a trash compactor during an escape attempt. (Don’t worry, he won’t sue me for libel, this is an open fact demonstrated in court—the prosecution merely needed an eyewitness.)
So let’s review the bidding, as Nancy Kopp would say:
a) Maurice Lewis;
b) San Francisco, AWDW (i.e. I have already been charged with things I didn’t do);
c) Pittsburgh warrants (exposure: 4 years.)
Even so, when I heard I was wanted for questioning, I tried to turn myself in through a Vermont lawyer, Dan Lynch… and lo and behold when I called an intermediary, Dan had become a judge. This gave me pause. (Can you turn yourself in to a judge?) Sounded awfully ex parte to me.
So, the run theory prevailed. If I had it all to do over again, I probably would not have run away. But that’s hindsight.
If the above does not make sense, please ask any veteran rescuer, any veteran object of U.S. lawsuits, or for that matter (esp. about Maurice…) anyone familiar with Mena witness murders (New American Spectator), (No I am not a conspiracy theorist… yet).
My spirits are good. I look forward to a vigorous defense. My eyes are on God, I am looking to Him to free me. I am tired of running. The evangelical chaplain here gave me a tape of hymns by 2nd Chapter of Acts. Here is my favorite:
I’ll be free at last, to lay it all down/Free at last to wear my crown
And the sun will never rise again/For he will be my light
My heart will never never never/Break His heart again.
I pray for you all. Please write, don’t be afraid. Send it unsigned through a lawyer if you wish. I’ll figure out who you are. God bless you.
Please remember my chains,
Jim
Remember my chains. It was a quote from St. Paul’s letter to the Colossians, 4:18.
Chapter 21 ~ “A Pro-life Scalp”
Buffalo, N.Y.
Summer 2001
Buffalo lawyer Paul Cambria Jr. had a national reputation. He had defended the right to free speech for clients such as porn king Larry Flynt and shock rocker Marilyn Manson. At 54, he had practiced law for nearly 30 years. He contributed regularly to a website devoted to legal questions regarding pornography and free speech. He rode a Harley, was once featured on the cover of Rolling Stone. The press loved him. He once admitted that he wanted to be on O. J. Simpson’s legal Dream Team “in the worst way,” and quipped he was relieved he wasn’t hired to defend Timothy McVeigh because his skills might have got the Oklahoma City bomber acquitted.
Once Cambria took the case of James C. Kopp, the buzz began. He was very good, but some of Jim’s friends felt he needed a committed pro-life attorney, someone to make the philosophical points. Others, like Susan Brindle, thought Cambria, who was not known as a pro-lifer, was perfect. Morality, abortion, religion—that was not Cambria’s game, and that was not at issue in Jim Kopp’s case, or at least shouldn’t be. Cambria would have credibility with a jury. He could stand up there and say: “I am pro-choice, I lament the death of Dr. Slepian. But Mr. Kopp did not pull the trigger.” In addition, Cambria would be expensive, very expensive. But donations from pro-life supporters were coming in. Susan told Jim, whatever it costs, they would raise the money, because that’s how much they believed in his innocence.
Meanwhile, controversy over Jim’s case raged online. His supporters charged that the FBI had fabricated evidence to deliver a pro-life scapegoat for pro-choice forces in Washington.
“Regardless of whether Jim Kopp actually committed this crime or not,” wrote one commentator, “the Clinton-Reno Department of Justice was going to have a pro-life scalp and
Jim Kopp’s lawyer, Paul Cambria Jr.
his was as good as any. In a nation governed by amoral people who see the judicial system as an instrument of politics rather than justice, that’s just the way the game is played.”
It didn’t add up, did it? Jim had friends all over the country, and no one had ever seen any sign he was capable of shooting anyone. He never talked about it. If anything he seemed destined to be a priest. That FBI mug shot, it didn’t even look like Jim. Physical evidence? The police can’t find the rifle used to shoot Slepian, yet finger Kopp for the murder anyway. Then, more than five months later—presto—they find not only the rifle but hair fibers supposedly linked to Kopp all over the place. It was all there: planted evidence; unlikely killer; biased law enforcement. It all had echoes of the O. J. Simpson case. A lawyer of Cambria’s caliber would make hay with the inconsistencies.
* * *
The charge against Loretta Marra and Dennis Malvasi was upgraded from conspiracy to harbor a known fugitive to a more serious charge of obstruction of justice. In the summer of 2001 they applied to be released on bail. Their trial had been moved from Brooklyn, in the Eastern District of the State of New York, to Buffalo, in the Western District. Malvasi had a Buffalo courtappointed lawyer named Thomas Eoannou representing him. Marra retained a Long Island lawyer named Bruce Barket, who had defended pro-life clients in the past.
Barket was a stocky 42-year-old devout Catholic with dark hair and an olive complexion that reflected his LebaneseItalian heritage. He had once stopped practicing law to study for the priesthood, but returned to his job and made a considerable reputation defending the underdog. He won the New York State Association of Criminal Defense Lawyers Gideon Award, for representing people who could not afford to pay. Barket disdained the description “pro-life lawyer,” but he made no secret of his beliefs, or of the fact that he wanted to add the notion of protection of the fetus to the quilt of American civil rights.
Barket had fought some controversial cases. He continued to represent Amy Fisher, who had made headlines in 1992 as a 17-year-old high school student who had an affair with a married man and wound up shooting his wife in the head, nearly killing her. Dubbed the Long Island Lolita by the tabloids, Fisher pleaded guilty and was sentenced to 5 to 15 years in prison. In 1998, she claimed she had had a steamy affair with her first lawyer—prior to Barket taking over her defense—and that he had forced her into copping the plea to avoid the tryst being revealed. “What took place,” Barket said after becoming her lawyer, “is sad and despicable.” In 1999, Fisher launched a $220-million lawsuit against five corrections officers who she alleged had raped her. She later dropped the suit. The judge said that her lawsuit “read more like a cheap dime-store novel or a script for a tabloid television show than a pleading in a federal lawsuit.” Barket had earlier requested a new criminal trial for Fisher, claiming that the district attorney handling the case had made plea-bargain promises that were not kept. It would not be the last time that Bruce Barket argued that he had been misled by a prosecutor in a plea bargain.
Loretta Marra wrote a letter to the presiding judge, Richard Arcara, arguing for her release on bail. She said she was no flight risk. All of her friends were known to the FBI in any case, she had nowhere to go even if she wanted to, and two little boys she needed to care for, one of which she was still nursing at the time of her arrest.
“I don’t mind being incarcerated,” she wrote. “It has a lot in common with the monastic lifestyle, a lifestyle which holds tremendous appeal for me… If you set bail, I will never give you cause to regret it, I will not flee. I swear this to you on my salvation. As a completely convinced Catholic there is no more binding oath I could possibly conceive. I have hesitated for days to write this, so much does the oath terrify me to take it. I will die rather than break it. Thank you and God Bless You.”
The judge denied her bail.
* * *
In Buffalo Paul Cambria spoke to the media about his client’s continued fight against extradition from France to the United States for trial. “Ultimately,” Cambria said, “I want him back here, and he wants to come back here to fight these charges. But his French attorney has been telling him to keep fighting extradition.” Early in October, the French court rejected Kopp’s appeal. There was still one other appeal he could make, this time to
the Superior Administrative Court in France. He filed that appeal, too. And then, several months later, he decided to abandon the fight.
In May 2002, Hervé Rouzaud–Le Boeuf spoke at a news conference in Rennes, saying that his client intended to prove his innocence upon his return to the United States, and viewed the trial as a chance to clear his name. Why did Jim Kopp give up the extradition fight? There may have been reasons only he understood, but he was perhaps motivated by what was happening to Loretta. Could he use his extradition as a bargaining chip to free her? It ate him up thinking of Loretta in jail, denied bail, two young boys at home who needed their mother. At one point in the extradition delay, he floated an idea to U.S. Justice Department officials. Kopp said he would agree to return to the United States while secretly giving his consent to leave the death penalty on the table—putting his own life at risk—if the Americans would in turn let Loretta walk free. Surely the feds would jump at the opportunity. Loretta was small potatoes, he thought, it’s Kopp they wanted on a gurney.
Was the suggestion genuine or was he playing another game?
Loretta, through Bruce Barket, urged Jim not to take such a drastic step. Was he that confident he would be acquitted of Bart Slepian’s murder? Or was he putting on an act to impress Loretta? Friends of Jim’s thought there was something else that may have prompted him to give up his extradition fight. An obituary had appeared in the St. Albans Messenger newspaper in February:
ST. ALBANS/FAIRFAX—Amy Lynn Boissonneault, 35, of St. Albans, formerly of Fairfax, died peacefully of breast cancer on Monday evening, Feb. 18, 2002, at her home in St. Albans in the presence of her family and friends. Amy was an avid traveler and made many trips and pilgrimages across North America and Europe to include Italy, France and Ireland. She also enjoyed art, poetry, writing letters, summer sunsets at the lake, snowstorms, gardening, Jane Austen movies and New York City. Amy will be remembered for the things she treasured most. Her strong faith in Jesus Christ, her love of the church and its saints and her family and friends. She enriched the lives of so many with her inner beauty and contagious smile. Her love of life and dedication to others were an inspiration to all who knew and loved her. Memorial contributions, in lieu of flowers, may be made in Amy’s memory to Good Counsel, Hoboken, N.J., or to the Franciscan Friars of the Renewal.