“Where else does Kopp send his mail?” an agent asked Kenny. “He called me about a month ago and gave a new forwarding address.”

“Which is?”

“Box 42, Whiting, New Jersey, 08759.”

Chapter 12 ~ Are you James Kopp?

Crestwood Village Retirement Community

Whiting, N.J.

He was a pretty high-strung guy, Alex. He shared an apartment with easygoing Jim Gannon. Alex, who was not a pro-life activist, worked as a security guard. Anyone stepped onto Gannon’s property, Alex heard alarms go off in his head. And so, that day when he was at the kitchen table and saw the red and blue lights flashing through the window, he leapt to his feet. What’s going on? A knock. Jim Gannon, sweet old man, cool as a cucumber, stayed at his seat. Alex, his heart pumping, was at the door. He opened it. And saw the barrel pointing at the middle of his chest. The Glock was out, the FBI agent on the porch staring into Alex’s eyes. Uniformed police backed up the FBI outside, guns drawn.

“Sit down.” The agent motioned to a chair. Alex obeyed. “Are you James C. Kopp?”

“No,” Alex said.

Five agents entered the house, Gannon stood to meet them. “Come on in!” he said, gentle blue eyes twinkling. Alex was in shock, but Gannon was not frightened. Not much rattled him. Heck, he came from a large family, six boys, six girls, he was used to commotion; Mom used to invite strangers in off the street for tea all the time. That’s how worried James Gannon was about the FBI showing up at his door.

He was told the FBI was investigating the shooting of a doctor in Amherst. Special Agent Daniel McKenna asked Gannon if he knew James Charles Kopp. Sure, sure, Gannon knew Jim. Stayed there sometimes. Gannon knew there was no way Jim could be involved, although it seemed a lot of folks were entertaining a different point of view. Lordy Pete, he thought. Lordy Pete! They were acting like Jim was a terrorist or something.

The FBI interview lasted more than two hours. Gannon told agents that he forwarded Kopp’s nonbanking mail to one of two addresses: Ark Sales, P.O. Box 61, Essex Junction, Vermont 05452, or Nazareth Farms, 1073 Buck Hollow Road, Fairfax, Vermont 05454, Attn: Jen—Jen, as in Jennifer Rock.

“Can I take Mr. Kopp’s items?” asked Agent McKenna.

“Go right ahead.” Agents gave him receipts for the items. They asked for permission to search the attic.

“Go right ahead,” Gannon said. He had nothing to hide, and neither, he was certain, did Jim Kopp.

Four agents went upstairs and returned with a blue knapsack containing a toothbrush, envelopes addressed to Kopp c/o a post office box under the name “Before Dawn.” The agents questioned Gannon again. What was “Before Dawn?” Jim produced the newsletter, Gannon explained, which was aimed at seeking donations for the Pro-life cause. The post office box was Gannon’s mailing address, he collected donations and deposited them in an account at Sovereign Bank, gave copies of bank statements to a woman named Elizabeth Lewis, who lived in the same retirement community.

Betty had a powder-white, crinkled face, silver hair and kind eyes. She had been arrested with Kopp at a protest in Atlanta back in 1988. She was shocked to see all the police. Oh dear. The agents came into her house and looked up in her attic. “Jim was very pleasant, he just came and went,” she said. “A drifter, really. Didn’t talk much. He spent a lot of time on the porch, mostly reading, working on the computer. And walking, a great walker. He would be up at six, before dawn, and go walking.”

When Betty heard that Jim Kopp was a suspect in the shooting of Dr. Barnett Slepian, she didn’t believe it. Jim had once told her that he was as concerned for the spiritual welfare of the abortionists as he was for the babies. She believed him. Such a soft-spoken, nice man. Jim slept in the corner room and spent most of his time on the couch, on the computer, job hunting.

The FBI did not make James Charles Kopp’s name public immediately. They intended to keep Kopp in the dark, wherever he was, while they gathered information, found more friends of his who wouldn’t see them coming. On Sunday, October 26, three days after Bart’s murder, the Bureau collected 13 videotapes of protests outside the downtown Buffalo clinic where Dr. Slepian worked.

On November 4, Amherst police continued their search in the woods behind the home. An officer found trace bits of hair and fibers on the bark of the tree the sniper had leaned against. The hair might produce a DNA profile —but that meant nothing without a match to compare it with. There was no DNA profile for James Kopp on file. But the prospect was there, at least, for Amherst police to compare their DNA sample with the one Hamilton police had retrieved three years earlier from the ski mask discovered in Dr. Hugh Short’s driveway. If the two samples matched, they could make the case that the sniper was the same person in both attacks—even though the owner of the DNA profiles would still be unknown.

That same day, the FBI went public. FBI special agent Bernie Tolbert stood at the lectern at the press conference and announced there was a federal material witness warrant for apprehending James Charles Kopp. Joel Mercer, a young red-haired FBI agent, was doing the legwork, co-ordinating searches and other aspects of the investigation. He had only been with the bureau for a year; this case was a big step up. His superiors felt he could handle it. The supervisor of the investigation, and the more visible presence, was Tolbert, 55 years old, charismatic.

Bernie Tolbert had been on the job the morning after the shooting, looking over the crime scene. He lived only minutes away from the Slepians. The shooting got to him. He stood in the Slepians’ den, saw the photos of Bart, Lynne and the boys. He had a couple of young boys himself. Bart’s sons had just lost their father. So tragic. He took Lynne aside. “We’ll find whoever did this, I promise you that, Lynne,” he vowed. “Hey, this is my neighborhood, my town. We will find him.”

“I’d just like 15 minutes alone with him,” Lynne said.

Tolbert had been a star athlete in high school and university. He held high jump and triple jump records but then knee injuries slowed him down. He became a social worker. Then one day he met an aggressive recruiter from the FBI. There weren’t a lot of black men in the bureau back in the mid-seventies. Most blacks only came in contact with the FBI when agents arrived to arrest someone in the neighborhood. Bernie was dubious, but he applied.

Bernie Tolbert, FBI

He was rejected. The examiner said the knee injuries disqualified the 30-year-old. He predicted Bernie would be in a wheelchair at 50.

That did it. Now Bernie wanted in. He wrote a letter to the top, to the director: “I will see any doctor, any time, at my own expense. I will pit myself against any agent.” The bureau gave him another chance. This time, he made it. In the 22 years since, Tolbert had worked out of offices in New York, Philadelphia and Washington. Now he was posted back in Buffalo and standing before the TV cameras, the national media, backed by a huge Justice Department logo. He was acutely aware that the case was attracting enormous attention. It was his biggest show ever. He held up a photo of Kopp.

“This is a picture of the individual we are looking for,” he said. “We have no idea where he is. We’re looking everywhere for him. “He appears to be committed to the anti-abortion movement. The problem is, I don’t think you can kill someone to show your commitment.”

The photo Tolbert held became the public, iconic, “most wanted” image of James Charles Kopp. The ill- trimmed goatee, the short unkempt hair, the glower he directed at the camera. He looked like a killer. Some of Jim Kopp’s supporters were so struck by how different he looked, they believed the photo was a fake. But it was a mug shot from his most recent arrest, in New Jersey, on January 23, 1997. The photo did, in fact, look far different from the way Kopp appeared in person. It was as though he had affected the look on purpose, scowling, changing his look, to distort his constantly shifting identity.

On one level, Bernie Tolbert could try to think of the Slepian murder as just another case. A federal law had been broken, so the FBI was automatically involved. But he also knew there was special interest in this show that went as high as the White House. Tolbert soon found himself in conference calls with Washington, talking directly to

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