home

Gov. Arnold's First Death Penalty Test

By Jeralyn, Section Death Penalty
Posted on Wed Jan 28, 2004 at 08:44:20 PM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

It's coming down to the wire. What will Gov. Arnold do with his first life or death decision? He's being asked to delay the execution of Kevin Cooper so that additional DNA tests may be performed:

On CNN tonight, Rubin Hurricane Carter and (curiously) former White House Counsel Lanny Davis were championing Cooper's cause. A roster of actors, including Denzel Washington, Sean Penn and Anjelica Houston, are petitioning Gov. Arnold to delay the execution.

Lanny Davis said one of the victims had blond hairs clutched in her hand and the jury didn't get to hear about it. Cooper is a black man. Another witness said her boyfriend or husband came home bloodied that night, missing the hatchet that was used in the crime. One of the victims who survived reportedly told the police at the time he was attacked by three hispanic men. Now and adult, the victim denies that he ever said that. Some of the jurors have changed their minds about Cooper's guilt.

Rubin Carter said there are tell-tale signs this case was wrongly decided:lack of hard evidence; witnesses who have changed their statements after conferring with police; jailhouse snitches; unreliable eyewitness testimony; lab fraud.

The crime was horrendous, no question. But was the wrong man convicted?

Cooper, who says he is innocent, had escaped from a nearby prison where he was serving a 4-year sentence for robbery when the murders were committed. Authorities speculated his motive was to steal the family's station wagon.

Cooper is petitioning the Supreme Court to block his execution and has requested Gov. Arnold Schwarzenegger delay his execution and order the state to conduct new DNA tests. He claims previous tests were tainted by authorities, an assertion prosecutors deny.

The claim that troubles us the most is the lab fraud charge. New DNA testing could establish whether results of the DNA tests admitted at trial were falsified. Surely the irreversible act of execution should be delayed while California makes sure it is not executing an innocent man.

Gov. Arnold, we urge you to delay this execution so that new testing can be performed. 112 persons have been exonerated and released from death row since 1973 when the Supreme Court reinstated the death penalty. If Mr. Cooper is executed and his supporters succeed in having the DNA testing performed after his death, and it turns out Mr. Cooper is innocent, you will go down in history as the Governor who executed an innocent man.

On a related note, only John Kerry among the top five Democratic presidential nomination seekers, supports a federal moratorium on the death penalty.

< Art Garfunkel to Fight Pot Charge | Kerry's South Carolina Ad >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    Gov. Arnold's First Death Penalty Test | 0 comments ( topical)