Kopp Fights Extradition to U.S.

James Charles Kopp, who is wanted for the 1998 killing of a New York doctor, will appeal a French court's recommendation that he be extradited to the United States, his lawyer said on Monday.

Lawyer Herve Rouzaud-LeBoeuf said Kopp had signed his appeal plea on Monday and that it would be transmitted to France's highest court, the Court of Cassation.

Last Thursday, a French court recommended that Kopp be extradited to the United States. The court based its recommendation on assurances that the U.S. government won't seek the death penalty. France, which abolished capital punishment in 1981, does not extradite suspects who face the death penalty at home.

Kopp is wanted for the sniper-style shooting of Dr. Barnett Slepian, a 52-year-old obstetrician-gynecologist in Amherst, N.Y., who performed abortions.

On Thursday, the three-judge panel in this northern city said it was recommending extradition only on the condition that "the death penalty will not be requested, pronounced or applied." U.S. Attorney General John Ashcroft has already said the United States will not seek the death penalty.

The question of whether Kopp could face execution had complicated the extradition process. France, which abolished capital punishment in 1981, does not extradite suspects who face the death penalty at home.

Kopp, who sat expressionless as the court announced its decision, has until next Wednesday to decide whether to appeal. His attorneys said he hasn't yet made a decision.

His lawyer, Herve Rouzaud-LeBoeuf, said: "This is the decision I was hoping for."

"There was no doubt that the court would say yes (to extradition). What is important for us is that on the death penalty issue, the court has only said yes ... under the condition that there will be no death penalty whatsoever."

Announcing the decision, Judge Dominique Bailhache, head of the panel, noted the court had receieved a letter from the U.S. Embassy "that constitutes a unequivocal commitment to exclude the death penalty." However, he said he still hoped the U.S. government would make a firmer declaration.

The panel said it believed Kopp could get a fair trial in his own country.

Kopp, 46, is one of the FBI's 10 most wanted fugitives. He ended 2 1/2 years on the run on March 29, when he was captured by French police in the western town of Dinan.

The California native has denied shooting Dr. Barnett Slepian of Amherst, New York, as the doctor was making soup in his kitchen.

Entering the court before Thursday's hearing, Kopp said to reporters: `Who killed Dr. Slepian? That's the only question you should ask."

He faces a state murder charge and the additional charge of violating the federal Freedom of Access to Clinic Entrances Act by using deadly force against a doctor who performs abortions. The state charge carries up to life in prison and the federal charge can bring the death penalty.

Ashcroft said earlier this month that the United States wouldn'seek the death penalty "in order to ensure that Kopp is not released 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 also wanted by Canadian authorities for allegedly wounding three doctors there.

Kopp and his lawyers are debating whether to appeal to the Court of Cassation, France's highest court. A final step would be the approval of French Prime Minister Lionel Jospin, necessary for all extraditions. Kopp's lawyers at that point could ask for a review by the State Council, a top administrative body whose members are not judges.

Prosecutor Robert Baffert said the very earliest an extradition could be expected would be a month from now.

France has been vocal in criticizing the U.S. for capital punishment, especially recent executions in Texas where President Bush, during his time as governor, approved 152 executions.

It has not extradited another American, ex-hippie guru Ira Einhorn, who was tried in absentia and found guilty of killing his girlfriend in Philadelphia in 1977. Einhorn has so far avoided extradition by arguing he could be sentenced to death if sent home.

Slepian, 52, an obstetrician-gynecologist who also performed abortions, had just returned from synagogue on Oct. 23, 1998, when he 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 New Jersey, then Ireland, and finally France.

© MMI Viacom Internet Services Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press and Reuters Limited contributed to this report