"Ninth U.S. Circuit Court of Appeals Judge William A. Fletcher wrote an unusually long and blunt dissent signed by four other judges in which he raised disturbing questions about misconduct by sheriff's deputies and questionable decisions by the trial judge.
"In my opinion," Fletcher wrote, "he is probably innocent of the crimes for which the State of California is about to execute him. If he is innocent, the real killers have escaped. They may kill again. They may already have done so. We owe it to the victims of this horrible crime, to Kevin Cooper, and to ourselves to get this one right."
We do not offer an opinion about Cooper's guilt or innocence. Circuit Judge Pamela Rymer, a veteran jurist, challenged Fletcher's conclusions and reasoning. Still, Fletcher is no newcomer. Nor are the judges who joined his dissent. Their opinions ought to carry weight."
EDITORIAL: THE SACRAMENTO BEE;
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BACKGROUND: As New York Times columnist Nicholas Kristof wrote in a column headed "Framed For Murder?": "California may be about to execute an innocent man. That’s the view of five federal judges in a case involving Kevin Cooper, a black man in California who faces lethal injection next year for supposedly murdering a white family. The judges argue compellingly that he was framed by police. Mr. Cooper’s impending execution is so outrageous that it has produced a mutiny among these federal circuit court judges, distinguished jurists just one notch below the United States Supreme Court. But the judicial process has run out for Mr. Cooper. Now it’s up to Gov. Arnold Schwarzenegger to decide whether to commute Mr. Cooper’s sentence before leaving office.
WIKIPEDIA presents a thorough account of the Cooper case at:
http://en.wikipedia.org/wiki/Kevin_Cooper_%28inmate%29
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The editorial can be found at:
http://www.sacbee.com/2010/12/24/3279053/governor-should-weigh-petitions.html
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"Gov. Arnold Schwarzenegger has some difficult duties left in his final days. Numerous convicted prisoners and their supporters have petitioned the governor seeking mercy," the Sacramento Bee editorial published on December 24, 2010 under the heading, "Governor should weigh petitions of two prisoners," begins.
"Two in particular deserve the governor's attention. We urge him to consider the merits of their petitions," the editorial continues.
"Sara Kruzan
There is no doubt Sara Kruzan committed the murder that has put her behind bars for the past 16 years. The question is whether, at age 32, she deserves to spend the rest of her life in prison. Clearly she does not.
Kruzan grew up in Riverside with a drug-addicted mother. She was sexually molested as a child and, from the age of 9, hospitalized several times for depression. She was 11 when she met a 31-year-old man named "G.G." She says he had sex with her the day they met and eventually became her pimp. By 13 she was a child prostitute.
Three years later, Kruzan was arrested for killing G.G. Even though California Youth Authority evaluators concluded she was amenable to treatment in the juvenile justice system, Kruzan was tried in adult court, convicted of murder with special circumstances and sentenced to life without chance of parole.
Kruzan has been in prison half her life. Riverside prosecutors who oppose clemency point to troubles behind bars, including fights and failure to show up for work assignments. But in the last few years, she has finished high school and earned a degree from a community college. She makes no excuses for her crime. "I seek to be forgiven," she writes in her petition. "I have forgiven all who have hurt me. I sincerely request to be forgiven for the harm and pain I have caused."
This editorial board has previously spoken out against imprisoning juveniles on life sentences without the possibility of parole. Kruzan's tragic history and the crimes committed against her make her life sentence doubly unjust.
Kevin Cooper
Kevin Cooper is sitting on death row, having been convicted of slaying three members of the same family and a houseguest in a 1983 rampage in San Bernardino County.
According to some of the most powerful judges in the land, he may not have committed the murders for which he was convicted.
Ninth U.S. Circuit Court of Appeals Judge William A. Fletcher wrote an unusually long and blunt dissent signed by four other judges in which he raised disturbing questions about misconduct by sheriff's deputies and questionable decisions by the trial judge.
"In my opinion," Fletcher wrote, "he is probably innocent of the crimes for which the State of California is about to execute him. If he is innocent, the real killers have escaped. They may kill again. They may already have done so. We owe it to the victims of this horrible crime, to Kevin Cooper, and to ourselves to get this one right."
We do not offer an opinion about Cooper's guilt or innocence. Circuit Judge Pamela Rymer, a veteran jurist, challenged Fletcher's conclusions and reasoning. Still, Fletcher is no newcomer. Nor are the judges who joined his dissent. Their opinions ought to carry weight.
Cooper's lawyers have not asked that Schwarzenegger overturn Cooper's conviction. Rather, they ask that Cooper's sentence be reduced to life in prison without parole. Cooper deserves an answer.
Schwarzenegger has made plenty of tough decisions during his seven years in office. He faces at least two more before turning out the lights."
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
