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Home Front: Culture Wars
Execution of California Man Put on Hold
2004-02-10
EFL - not WOT but followup on something posted earlier....
Only hours before the scheduled execution of an inmate whose plight has generated celebrity support, a federal appeals court stayed the death sentence until evidence in the case can be tested for DNA.
Don't they all generate celebrity support?
The decision Monday by an 11-judge panel of the 9th U.S. Circus Circuit Court of Appeals came less than eight hours before Kevin Cooper was to be executed. The U.S. Supreme Court later unanimously declined to overrule the court’s stay. "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 seven of the 11 judges on the San Francisco-based appellate panel.

Cooper, who has maintained his innocence through 18 years of appeals, was convicted in the hacking deaths of four people in 1983. He claims a trio of murderers committed the attacks and says DNA tests on hair and a bloody shirt found at the murder scene will exonerate him. Gov. Arnold Schwarzenegger had declined to grant clemency, saying evidence of Cooper’s guilt was overwhelming. It was the first such plea to cross the governor’s desk. Cooper won support from celebrities such as Denzel Washington, the Rev. Jesse Jackson
Guess which color Cooper is.....
and bad actor and anti-death penalty activist Mike Farrell, who announced the Supreme Court’s decision to nearly 300 protesters outside the gates of San Quentin State Prison. "Thank you for letting the governor know he was wrong," Farrell said to thunderous applause.

The government expressed optimism that Cooper will be executed soon. "We are confident the results of future tests will not cast doubt about Cooper’s guilt," said Hallye Jordan, a spokeswoman for Attorney General Bill Lockyer. The 11-judge panel overturned an earlier 2-1 decision by the same court declining to reopen Cooper’s case. Out of deference to the dissenting judge, the majority of the judges agreed to review the case. Judges Barry Silverman and Johnnie Rawlinson, of the larger panel, said the execution should be stayed, but only for as long as it takes to test the shirt for evidence of a preservative that would indicate that Cooper’s blood was planted by police, as the inmate claims.
Shades of O.J.
"The public cannot afford a mistake. Neither can Cooper," they wrote. "Since Cooper’s guilt can be quickly and definitively determined by means of a simple test, there is no reason not to have it performed prior to his execution." Cooper was convicted of stabbing and hacking to death Douglas and Peggy Ryen, both 41, their 10-year-old daughter, Jessica, and 11-year-old Christopher Hughes in 1983. The Ryens’ son, Joshua, then 8, survived a slit throat. Mary Ann and Bill Hughes, the parents of Christopher Hughes, were on the grounds of the prison late Monday preparing to view the execution and were angered by the court rulings. "We feel that justice is long overdue for our son and for the Ryen family, but we still feel that this is going to happen. This is just a delay," Mary Ann Hughes told KTVU-TV. "Personally, I have no doubt in my mind that Kevin Cooper is guilty, and I have no doubt in my mind that he will be executed," said Bill Hughes. "We lost this round, but we’re not through." Cooper’s death would have been the state’s first execution in two years. In its ruling Monday, the appeals court said Cooper must get a chance to refute evidence that only recently has come to light or was not disclosed at trial.
Will his dead victims be allowed to testify as well?
Jackson, a devout attention whore, who met with Cooper on death row earlier in the day, later thanked protesters for massing outside the prison. "This is part of a struggle across a nation to remove a system with flaws," he said.
So.... what are the odds of him apologising to the family of the victims when Cooper is found to have did the deed?
Posted by:CrazyFool

#11  In more news from the Ninth, they ruled a San Diego cop had the right to appeal his firing. Seems he was selling jerkoff videos of himself on Ebay and the SDPD didn't seem to think that was "appropriate". Little did they know that they were violating his first amendment rights. Thank God the Ninth was around to rectify this injustice.
Posted by: tu3031   2004-2-10 8:25:40 PM  

#10  I for one don't think our capital punishment system is hard enough. Lethal Injection is too easy a death. Bring back the chair, or borrow from the middle ages where neccesary. I have no pity for these slime of life. Roast them on a spit.
Posted by: dataman1   2004-2-10 2:34:18 PM  

#9  18 appeals is too many. 17 chances should be the max when you're looking for swift justice against a criminal. Just ask Saddam.
Posted by: Unmutual   2004-2-10 12:19:31 PM  

#8  "Any simpleton can easily figure out that the lengthy appeals process in CA is where a big part of the problem lies."

-B-A-R, quite right. I did a paper on exactly this subject in my undergrad. Basically, once a killer is convicted & given the death sentence an appeal is automatically filed on his behalf by the state. Anything else is not a divine right. You have no right to any other appeals, however, law-dogs make so much $$ from this shit, it goes on and on. Total abuse of the system imho. Plus, as the consumate sarcastic Devil's Advocate (no pun intended), I'd say if you're that far along in the system to get the frickin' chair, you pretty much earned it one way or another. Bwhahaha.....
Posted by: Jarhead   2004-2-10 11:40:48 AM  

#7  A few nights ago some prog was run on a local TV station detailing the seemingly high "cost" of capital punishment. Any simpleton can easily figure out that the lengthy appeals process in CA is where a big part of the problem lies.
Posted by: Bomb-a-rama   2004-2-10 11:31:19 AM  

#6  This is a big bunch of BULL$H!T and we should get rid of the 9 Circuit Court. They DA, Defense, Police, and FBI already ran these test and concluded that this guy is a COLD BLOODED KILLER! Jiving Jesse Jackson and Deznel Washington can cry, stomp, whine, or bitch all they want but this man is guilty as SIN. The defense just like jerking the courts around and hope may the bloody shirt and the other MOUNTAIN of evidence was tainted over the 20 years since the quadruple murder.
Posted by: Cyber Sarge (VRWC CA Chapter)   2004-2-10 11:03:16 AM  

#5  What, 18 appeals and nobody thought of doing a PCR on the guy. That's pretty unlikely. More likely nis current mouthpiece blew the final appeal, so the 9th stepped in to do it's Mighty Mouse schtick.
Posted by: mojo   2004-2-10 10:43:12 AM  

#4  I am also in favor of DNA testing, but it looks like he has failed a DNA test and wants some kind of test to show his blood was 'planted'.
Posted by: phil_b   2004-2-10 10:24:32 AM  

#3  ahhh the 9th circuit leaves its stain mark in the annals of justice again. Testing for EMTA, a preservative in blood DNA testing "planted by police" in a crime committed 10 yrs before DNA testing was invented...should be a short hearing, then kill his evil ass. Lanny Davis, Jesse, et al will think of some new "evidence" to keep justice from occurring
Posted by: Frank G   2004-2-10 10:20:26 AM  

#2  There are already groups that will spring for the DNA tests if the government won't. Since the groups are intensely interested in getting people off of death row, I suspect there's more to his calls for a test than we're being told.

Perhaps someone offered to conduct the tests and he refused their assisstance? If the state had refused to make samples available I have no doubt it would be prominent in the coverage, so that's the only possibility that's really open.
Posted by: Robert Crawford   2004-2-10 10:07:05 AM  

#1  Okay - FWIW, I am 110% in favor of DNA testing for EVERYONE on Death Row - better we spend the money than take the chance.
Secondly - it stops crap like this from happening.

Mike
Posted by: Mike Kozlowski   2004-2-10 9:55:24 AM  

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