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United States v. Kopp

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 22, 2006

UNITED STATES OF AMERICA,
v.
JAMES CHARLES KOPP, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

DECISION AND ORDER

The defendant, James Charles Kopp, has filed a new set of motions requesting: (1) an extension of time to file his pretrial submissions; (2) that the Court preclude the government from offering evidence of his anti-abortion beliefs; and (3) myriad other forms of relief which he states are necessary to eliminate inequities in the law. He also reasserts motions he has previously made and which have previously been denied by the Court.

The Court grants defendant's motion to extend the time to file his pretrial submissions. Defendant shall have until December 27, 2006, to file his pretrial submissions.

The Court denies the defendant's motion to preclude the government from offering evidence of his anti-abortion beliefs. In order to establish the defendant's guilt under 18 U.S.C. § 248, one of the elements of the offense that the government must prove is that the defendant shot Dr. Slepian because he was providing reproductive health services, i.e., abortions. Thus, evidence of defendant's anti-abortion beliefs are relevant.

The remainder of defendant's motions are denied in their entirety.

IT IS SO ORDERED.

20061222

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