PUBLISHER'S NOTE: Kudos to New York Times columnist Nicholas Kristof for the powerful column in which he makes a compelling case for re-examining Kevin Cooper's death row case. Judging from the analysis below, this column - and the steadfast attention he has paid to the troubling case over the years - has prompted more public exposure. But keep in mind that Governor that Gov. Jerry Brown still firmly resists new DNA tests, and earlier this week the San Bernardo District Attorney filed opposition to Cooper's clemency petition, as per the story in the San Bernardino Sun which can be read at the link below: "The San Bernardino County District Attorney’s office filed its opposition Wednesday to Kevin Cooper’s petition for clemency and additional testing that’s aimed at overturning his conviction for the 1983 hatchet slayings in a Chino Hills home that took four lives. The Cooper petition was filed with Gov. Jerry Brown in February 2016. Brown has has not taken any action on it, and his final term as governor ends this year. Cooper, sentenced to death, has exhausted all appeals. California’s death penalty remains on hold while its procedures are reviewed in court cases. The 94-page document filed Wednesday states there is no new, unexamined evidence to merit the Touch DNA testing that Cooper’s legal team seeks in their continued fight to overturn his 1985 conviction and death penalty sentence. The opposition filing was preceded by District Attorney Mike Ramos’ statement earlier this week that his office would fight the petition." I cannot understand how Brown can take the risk of killing an innocent man when there are scientific tests available to help determine if he in fact committed the crimes.
https://www.sbsun.com/2018/05/23/san-bernardino-district-attorney-files-opposition-to-kevin-cooper-clemency-petition/...
Harold Levy: Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: "Even federal judges have said that Mr. Cooper was framed. (That’s what drew my attention to him: a cri de coeur from the Ninth Circuit appeals judge William Fletcher.) And the “ask” isn’t a pardon or commutation. It’s simply to allow advanced DNA testing of evidence, which the defense is willing to pay for. Yet Mr. Brown has so far resolutely refused to allow that testing. I had criticized Ms. Harris for failing to allow testing when she was attorney general. But she called me after the article appeared online to say that she felt terrible about the case, and then she issued a statement calling on California and the governor to allow the testing. The issue is getting more attention in the California press, and I hope Mr. Brown will similarly reconsider. Likewise, I’m hoping that Lt. Gov. Gavin Newsom, Attorney General Xavier Becerra, Senator Dianne Feinstein and others will call for testing in the case."
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COMMENTARY: "California Today: Should the Case of the Death-Row Inmate Kevin Cooper Be Re-examined?, by Nicholas Kristof and Charles McDermid, published by The New York Times on May 21, 2018.
GIST: "Last week, Nicholas Kristof, an Op-Ed columnist at The Times, published a piece on what he believes to be an injustice in California — a case in which a life hangs in the balance. The New York times asked Nicholas Kristof to discuss reaction to his column. "Pressure seems to be growing on Gov. Jerry Brown to allow advanced DNA testing in the case of Kevin Cooper, a black man on San Quentin’s death row for the brutal 1983 murder of a white family. After my in-depth column in the opinion section on the case, Senator Kamala Harris has called on the governor to allow testing and so has John Chiang, the state treasurer and a candidate for governor. As my column notes, I believe Mr. Cooper is innocent and was framed for murder by the San Bernardino County Sheriff’s office. What’s striking about the case is not only that the evidence against Mr. Cooper has mostly been discredited, but also that there’s growing evidence against a particular white man who also happens to be a convicted murderer (he wasn’t happy to hear from me). Even federal judges have said that Mr. Cooper was framed. (That’s what drew my attention to him: a cri de coeur from the Ninth Circuit appeals judge William Fletcher.) And the “ask” isn’t a pardon or commutation. It’s simply to allow advanced DNA testing of evidence, which the defense is willing to pay for. Yet Mr. Brown has so far resolutely refused to allow that testing. I had criticized Ms. Harris for failing to allow testing when she was attorney general. But she called me after the article appeared online to say that she felt terrible about the case, and then she issued a statement calling on California and the governor to allow the testing. The issue is getting more attention in the California press, and I hope Mr. Brown will similarly reconsider. Likewise, I’m hoping that Lt. Gov. Gavin Newsom, Attorney General Xavier Becerra, Senator Dianne Feinstein and others will call for testing in the case."
Here’s more coverage of the column:
• Is California death row inmate Kevin Cooper innocent? What he’s hoping Gov. Brown will do [San Diego Union-Tribune]
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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 found at: http://www.thestar.com/topic/c
