Convicted Killer Wins Stay in California

[Judi Lynn]

Convicted Killer Wins Stay in California
Convicted Killer Wins Stay Hours Before Scheduled Execution for Four California Murders

The Associated Press



SAN FRANCISCO Feb. 9 — A condemned murderer whose bid for clemency was denied by Gov. Arnold Schwarzenegger won a stay of execution on Monday, hours before he was to be executed.
The 9th U.S. Circuit Court of Appeals granted a request for an 11-judge panel to rehear the case of Kevin Cooper, convicted in 1983 of hacking four people to death.

It was not clear when the panel would hear the latest challenge, which Cooper's attorneys filed Sunday. Cooper was scheduled to be executed at 12:01 a.m. Tuesday at San Quentin Prison after 19 years on death row.

Cooper won support from actors who oppose the death penalty including Denzel Washington, Sean Penn and Mike Farrell, and from the Rev. Jesse Jackson and Rubin "Hurricane" Carter. In addition, three of the jurors who convicted Cooper called for a stay of execution so hair and blood evidence can be tested.
(snip/...)

http://abcnews.go.com/wire/US/ap20040209_920.html

[Superiority33]

1. Weird

Makes you wonder why they hadn't tested the hair and blood evidence before this. It would seem like a pretty logical thing to do.

[DrWeird]

5. It would be bad news if he was innocent.

Well, at least it would be bad news for certain people. Those who reap political benefit by sending scary black men to their executions.

[glitch]

2. This is terrific!

There are way too many discrepancies in the evidence that convicted him, and the evidence the prosecuters and police actually threw away.
Ian Masters interviewed James Cromwell and Mike Farrell yesterday, very interesting show. He should have his mp3 archive of it up this week at http://www.ianmasters.org/

[berry]

3. Good news--sort of

At least, some time has been gained. I wonder what the chances are for a new trial.

I am struck (again) at how the media (AP, here) is selective with the facts. After reading about this case at the AI (Amnesty Int'l) site, one gets a very different picture. It seems to me that AP could at least have suggested that the people calling for a stay had some good reasons (beyond "just" being anti-death penalty).

[Catherine Vincent]

4. I was hoping this would happen.

Re-hearing the case was all everyone was asking for.

[Punkingal]

6. Oh, thank God!

I haven't been able to get this off my mind since I saw a thread about it in GD! I even dreamed about it. This is just the best news!

[genius]

7. Great day for Justice and for the Democratic Party. Cooper IS innocent.

Jesse Jackson and a great many others from the Democratic Party, as well as Hurricane Reuben Carter, have been leading a lot of protests. Natasha, the young girl from the Kucinich campaign, even sent out a strong email to the Democratic groups on the subject.

[genius]

8. This is a MUST READ. It's a message from Natasha about the case

This is an email she sent out

Subj: The most important email you will read today.
Date: 2/9/2004 11:06:13 Pacific Standard Time
From: T...(address removed as she's a child)

An Innocent Man Could Die at Midnight - Can He Be Saved? You Can Help.
By Natasha (age 12)

Kevin Cooper is innocent. Will he be allowed to prove it before
he dies? The jurors are on his side but will he die anyway?
Sunday, February 8, 2004, Reverend Jesse Jackson, Mike Farrell,
James Cromwell, John Heard and David Alexander led a rally near
the Terminator's Brentwood Estate in the hopes of stopping the
Terminator from terminating this clearly innocent victim of
racist police procedures at their very worst. The rally was not
about opposition to the death penalty. It was about asking that
the governor to allow Kevin Cooper to prove his innocence. The
only witness to the murders of which Cooper was accused said that
the perpetrators were white. Blonde hair was found clutched in
the hands of one of the victims and the defense wants a delay
until it can be tested. Cooper is black with black hair. There
is evidence of a frame-up by the police. Six of the jurors have
come forward and said that they would never have voted to convict
if they knew what they know now. Nazi descendent Arnold is
unilaterally refusing the customary clemency hearing and wants to
go forward with killing this innocent black man tonight at
midnight (12:01 A.M. February 10). You can help. Contact Arnold
Schwarzenegger, 916-445-2841, and California Attorney General,
Bill Lockyer and tell them you want this innocent man saved.
Call your favorite candidate, your representative, the Kennedys
(Arnold's in-laws) and ask for their help in persuading Arnold to
let this man prove his innocence. You have only today to save an
innocent life. Let's do whatever it takes. I am 12 years old.
My generation wants a country that respects life - not one that
premeditatedly kills innocent people in cold blood.

[ronnykmarshall]

9. I am so glad.

Hopefully he will now get a FAIR trial.

[TexasMexican]

10. I hope he is guilty.

I hope the DNA proves that he is guilty so we can hurry up and get on with it.

Twenty years on death row is way too long.

I find the whole "it wasnt me it was 3 other guys" defense suspect, is there any evidence 3 other guys did it?

Reminds me of Scott Peterson's "it wasnt me it was satanists" defense.

I hope Peterson is also found guilty and sentanced to death, white people should get to avoid it either.

[DrWeird]

11. WWJD?

nt

[TexasMexican]

12. What does that have to do with anything?

nt

[CatWoman]

13. It has everything to do with it

Paging Dr. Mengele :eyes:

[Mikimouse]

14. ????? On what do you base your conclusions???

The 'three latino or white men' defense in Cooper's case did not come from him, it came from the surviving child, so frankly I don't understand your approach. Secondly, please show me all of the evidence relating to Scott Peterson, so that I may be enlightened, as, clearly, I have missed something important. As far as I know, his attorney was the one who floated the 'satanists'defense, but I could be badly mistaken. If the evidence is so overwhelming in the Peterson case, then why has it not gone to trial and been completed. Sounds like an open and shut case to me!? Hoping that someone is found guilty and subsequently sentenced to death, especially with a dearth of hard evidence, is questionable at best.

[genius]

15. The only witness said the killer was white. He had blonde hair.

How could a black guy with black hair possible be innocent? One of the cops confessed to a witness about the frame-up but there is some problem getting that witness to testify.

[not systems]

16. You want to kill a possibly innocent man because his defence...

sounds like someone else's?

:wtf:

Why do you have a opinion?

I have one because I have heard him speak convincingly
about his innocence.

Also the DNA test were done but the blood tested is
believed by many to have been planted.

Why so blood thirsty?

I'm am curious what is in your mind about this case.

[genius]

17. I hope all those with your point of view get an opportunity to see life

through Kevin Cooper's eyes. Unfortunately, you're probably white.

[Say_What]

18. Axis of Executioners: China, Iran and the UNITED STATES

and the United States lead the world in Juvenile Offender Executions and ranks third worldwide in total number of executions.

Bush, the Toxic Texan, would be proud of your remark--152 executions while he was governor!! Seems there are more toxic people down there than just the Texecutioner.

http://www.amnestyusa.org/news/2003/usa04112003.html

[peacetalksforall]

26. Since they are reverting and crossing borders and cultures...

the death lovers might as well bring on limb chopping.

[tinanator]

20. *censored*

*censored big time*

[Terwilliger]

22. Is ignorance your forte?

No I'm serious. I mean, you dont seem to have any problem with somebody being killed off even if they're innocent. Have you had a bad experience?

[Djinn]

30. why doesn't it "remind" you

of the more than two-thirds of convictions that are so flawed that they are overturned on appeal.

or the 23 people (atleast) found innocent after the state electrocuted or poisoned them to death in the USA this century prior to 1984.

[nolabels]

19. I am opposed to state sanctioned murder

Even if one is for the state being on High, they should at least make sure the person they want killed to be at worthy in their mind for such a judgment. Being a petty thief and a walk off from a minimum security lock up facility seems a pretty low threshold to me.

http://www.nodeathpenalty.org/factsheets/kevinCooper.html

CEDP FACT SHEETS:
KEVIN COOPER

A CASE FULL OF HOLES

The California Campaign to End the Death Penalty and other organizations are fighting to stop the execution of Kevin Cooper, scheduled for February 10. Visit SaveKevinCooper.org for more information.

On the night of June 4, 1983, three members of the Ryen family and a houseguest were murdered in San Bernadino County. Eight year-old Josh Ryen survived to tell police that three white or Hispanic men had killed his family and attacked him. Kevin Cooper, an African-American man, now sits on death row for this crime. Kevin could face execution despite the fact that the case against him is full of holes.

The authorities claim that recent DNA tests link four pieces of evidence to Kevin and the crime. But this evidence has been mishandled and very likely tampered with. Destruction of evidence and police misconduct have played a part in the case from the beginning, but neither Kevin nor his attorneys knew the extent of the mishandling of evidence prior to signing the DNA testing agreement. Kevin's defense attorneys are attempting to bring this information before the court through an Integrity of Evidence hearing. They are also attempting to do further testing on blond hair that was found in one of the victims' hands.

(snip)
(snip)

Unfortunately, the criminal justice system rarely corrects its own problems. We can. Putting a stop to this injustice, and all of the flaws in the death penalty that it represents, will take a movement of concerned community members, students, and activists.

How can you help? Call us to find out more facts about the case, host a video showing of CBS's 48 hours program about Kevin Cooper's case at your school or in your community, obtain sample letters about the case for use in print media, or help us with fund raising and to plan events and rallies to publicize the truth about Kevin Cooper's case. Please call 510-450-0595 or e-mail [e-mail]. You can also write to Kevin:

Kevin Cooper
C-65304 3-EB-82
San Quentin State Prison
San Quentin, CA 94974
(snip)

[genius]

21. Thank you. All Democrats should read this and take action

This is a matter of justice. It has nothing to do with whether people believe in the death penalty. I am personally opposed - especially because of cases like this one where innnocent people are on death row.

[Terwilliger]

23. Im so glad to hear this...did anybody see the Dickanator last night?

He said he wouldn't stay the execution because HE read the trial transcripts and determined Cooper to be guilty.

SCHWARZENEGGER COULDN'T READ THE BACK OF A CEREAL BOX!!

[genius]

24. The jerkanator was in hiding

I guess he's afraid to face the public. He's the one who should be in San Quintin

[not systems]

29. I saw Willy the Quisling yucking it up with him...

on the Willy and Phil show.

Willy was making me like Phil Matier for once.

I liked it when Phil said "Quit shilling for Schwarzenegger." to Willy.

I thought it was funny when the Gropenator feigned emotion over the case.

I can see why he never broke out of action pictures.

[acmavm]

25. This is wonderful news. I am so relieved. The evidence presented at

the trial was bogus, but what was even worse was what was NOT presented at the trial.

And by the way, even though it was the U.S. 9th Circuit Court of Appeals that allowed the stay of execution, there are DUers, as well as many ordinary Americans, that supported a stay of execution as well. Kudos.

[Constitution]

27. The ninth circuit is not that liberal. It just follows the Constitution.

The stay is great news for America.

[peacetalksforall]

28. If you combine motives, you have the rationale for AS and death lover

prosecutors and judges and their make money on it friends.

If you execute them, they're off the street and more space opens up for the next one who will be removed from society. So your friends make money on the prisons, others make money on legalities, and it is a constant recycling of mostly men, mostly black and latino. Keep up the cycling.

They say - Sublimate them. Eliminate them. And ignore two tenets of our upbringing (or the upbringing of some of us).

Lost tenets:
. Every person in the U.S. is entitled to a fair trial.
. For those with a Catholic upbrining - allow a person who is guilty of a crime the time to 'reconcile' and prepare before dying a natural death. I don't remember the exact wording.

[Judi Lynn]

31. Update: US Supreme Court lets stand stay of execution for convicted kille

Tue, February 10, 2004

U S Supreme Court lets stand stay of execution for convicted killer Cooper

By DAVID KRAVETS

SAN FRANCISCO (AP) - The Supreme Court late Monday let stand an appeals court's stay for a man who hacked four people to death in 1983, denying California's request to let the execution proceed as planned.

The demand by the 9th U.S. Circuit Court of Appeals that evidence in the case get a fresh look after 18 years of appeals came just hours before Kevin Cooper was to be executed by lethal injection. The Supreme Court later denied a request by the state of California to reverse the appeals court decision.

The appeals court had granted a stay to consider whether DNA evidence connecting Cooper to the crime should be retested amid repeated claims that he was framed by law enforcement.

"No person should be executed if there is doubt about his or her guilt and an easily available test will determine guilt or innocence," wrote the majority. They said a federal judge should reopen the case and order new tests on blond hair and a bloody shirt, tests which Cooper says will exonerate him.
(snip/...)

http://www.canoe.com/CNEWS/World/2004/02/09/341725-ap.html

[uhhuh]

33. Real Objective reporting

"The Supreme Court late Monday let stand an appeals court's stay for a man who hacked four people to death in 1983, denying California's request to let the execution proceed as planned."

They could have just said he was convicted, but no, they categorically state that he hacked four people to death.

Damn liberal media....

[The_Casual_Observer]

32. No one should be executed for anything

While bush is allowed to walk free.