Trial and Conviction
On March 11, 2003, Kopp waived his right to a jury trial. Based upon an agreement between the defense and prosecution — Erie County Assistant District Attorney Joseph Maruszak and defense attorney Bruce Barkett — Erie County Judge Michael D'Amico would be required to find Kopp guilty or innocent based on a single document of facts. In addition, the judge could not consider lesser charges; he had to find Kopp guilty or not guilty of second-degree murder. Kopp had confessed his role in the shooting to police, claiming he only meant to wound Slepian. D'Amico found him guilty and sentenced him to the maximum penalty, 25 years to life imprisonment, on May 9, 2003. D'Amico told Kopp "It's clear the act is premeditated; there is no doubt about it. You made an attempt to avoid responsibility for the act. What may appear righteous to you is immoral to someone else." The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006 (Shawn P. Hennessy, attorney for respondent and Timothy Murphy, attorney for appellant).
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“For he is not a mortal, as I am, that I might answer him, that we should come to trial together. There is no umpire between us, who might lay his hand on us both.”
—Bible: Hebrew, Job 9:32-33.
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