A federal judge in Buffalo has held that anti-abortion activist James C. Kopp was not entitled to representation by a Long Island attorney who was expected to argue that the murder of an abortion-providing gynecologist was justifiable.
Western District Judge Richard J. Arcara held in a decision posted Wednesday that attorney Bruce A. Barket of Quadrino Schwartz in Garden City had a conflict of interest precluding his representation of Mr. Kopp. However, Judge Arcara said that since the U.S. Court of Appeals for the Second Circuit held in United States v. Kopp, 562 F.3d 141, that Mr. Kopp was not entitled to present a justification defense (NYLJ, April 7, 2009), it is of no consequence that the trial court had disqualified the defendant’s preferred attorney on conflict of interest grounds.
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