Possible death penalty could complicate Kopp extradition

James Kopp was arrested in France on Thursday

WASHINGTON (CNN) -- French officials in Washington said James Kopp, the accused killer of a U.S. doctor who performed abortions, will likely make an initial appearance Friday before a prosecutor in the town of Dinan, France.

The French prosecutor, serving as magistrate, will decide on the continued detention of Kopp, who faces charges in the U.S. and Canada, but not in France.

Kopp was arrested by French authorities solely on information provided by U.S. officials.

"He's in the custody of the French National Police in Dinan, and under our laws he'll be presented to a prosecutor within 24 hours," said Eril Perez, a police attache at the French Embassy.

"We will work with the Justice Department and the State Department on the extradition process," Perez said.

Both U.S. and French officials tell CNN it is far too early to speculate on whether Kopp will be extradited. Both sides agree consideration of the extradition could be a lengthy process. The United States has 40 days to file the extradition request officials said.

Because one of the federal charges against Kopp carries a potential death penalty, the extradition could require negotiations if it is to occur at all, officials acknowledged.

"It's really a diplomatic issue more than a criminal justice issue," said FBI Director Louis Freeh at a Justice Department news conference.

"We have extradited many people back from France, including people who were originally charged in capital cases. But this will have to be determined through the courts and through the minister of foreign affairs," Freeh said.

French embassy officials declined to comment on the issue, but were unaware of any case in which a defendant in France who faced a possible death penalty in the United States had been extradited.

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