Supreme Court denies California's petition to execute (Kevin Cooper)

AP via Press Enterprise ^ | February 9, 2004 | Associated Press

[Condor51]

Here's what I predict;

This hump will have his trial which will last about a year and be found guilty AGAIN. But then mandatory appeals start all over, and then after about seven MORE years when all the 'normal appeals' are exhausted he'll take it to SCOTUS again. His appeal will be under the guise that executing him after 27 years is Cruel and Unusual Punishment and as such, the sentence should be vacated and he be released for 'time served'!

And the SCOTUS will buy it!
I say that, as I believe it was 'Justice' Stevens who has already stated that executing someone after so many years pass IS bordering on cruel & unusual punishment - all that mental stress on the convicted killer don't ya know.

[Cubs Fan]

--"No person should be executed if there is doubt about his or her guilt and an easily available test will determine guilt or innocence,"--

Fine, do the test and if his guilt is no longer in doubt fry the POS.

[Cubs Fan]

Cooper, a burglar and rapist who had escaped from prison at the time of the murders,

Wow its so hard to believe such an upstanding citizen could have done such a thing. /sarcasm

[Teacher317]

"Cooper is either guilty as sin or he was framed by the police. There is no middle ground," Silverman and Rawlinson 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."

If the only possibiolities are "planted or he did it", then how can any DNA testing be conclusive, if the DNA is his either way?!?

"What this means is that for the very first time, one court and one neutral fact-finder can hear all of the evidence that the jury was not allowed to hear," said Cooper's attorney, Lanny Davis.

So any lower court's decisions to allow and bar certain evidence is meaningless? Every trial is to be appealed and every bit of prejudicial, non-probative, and/or irrelevant evidence is to be admitted?

[truthkeeper]

According to Judge Andrew Napolitano on Fox News, your scenario is not so far-fetched. He predicts months if not years of new delays because of this decision. I feel so sorry for these families. This really makes my stomach turn.

[ALOHA RONNIE]

.

...Tears for Fears...

...for Chino Hills...

...and Chino Valley.



'The CLINTONS' Att. LANNY DAVIS defends multi-Killer KEVIN COOPER vs. Gov. ARNOLD'


http://www.Freerepublic.com/focus/news/1069255/posts

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[Family Friend]

I live in the city of Chino Hills California just down the street where this family was murdered. Many of the people saying he was framed don't know the whole story. First, if you see this home, it sits at the top of a hill and can be seen from a distance. possibly from the prison where Kevin Cooper escaped. At night this home disappears into the night and cannot be seen from main road. To get to this house one has to drive up a dirt road or walk through the nearby horse ranches. The murder took place in June 1983. At that time Chino Hills has no businesses and was mainly a horse town. This particular area had no street lights so Kevin Cooper was not seen. He admitted hiding out in the neighboring house which sits 100 yards from the Ryen home. The women that lived there at the time had moved out the day before the murders. She had cleaned up the house before she left. The hatchet that sat by the fireplace of that house was the same hatchet that was use to chop and hack away at this family. Christopher Hughes the neighbor child spending the night was hit across his face with that hatchet leaving a gapping wound from his eyebrow all the way down his nose. Doug Ryen was missing fingers, apparently from trying to stop the hatchet from hitting his head. The family was murdered with continued blows to differnet parts of their bodies. As many as 60 blows to one person. Jessica, a child had at least 30. WHY ??? Did she not die fast enough for him. The Ryens blood was found in the shower stall along with a bloody footprint belonging to COOPER ( NOT A SHOE PRINT )of the neighbor house where again Kevin Cooper admitts he was.The last time I checked Kevin Cooper still has his feet. The police didn't plant that one now did they ? Kevin Cooper has been in trouble all of his life. He has been in jail several times using assumed names. He escaped from all of them. He knew he didn't want to go back and would do what he had to to get away. If the blond hair in Jessica's hand proves to be that of another person then it only proves that there was indeed more that one KILLER in that house that night. BUT KEVIN COOPER IS GUILTY OF THESE CRIMES AND SHOULD PAY FOR IT.

[merry10]

There were three hispanics that came looking for work earlier in the day. that is what he saw. He was 8 at the time. His memory did need some time to recover and when it did (similar to Elizabeth's Smart's sister) he remembered a bushy haired person. Looking at Cooper's picture from that time...definitely bushy haired.

[Family Friend]

Thank You !!! Josh said the three were there earlier in the day looking for work on the ranch.
At least someone is paying attention here!!!

[merry10]

I listen to the John and Ken show. They attempted to have Lanny Davis present his evidence, but he got very angry with John and tried to get him kicked off the show. I can't even tell you how sick I feel today.

[Family Friend]

What this guy did to this family and to our community is WRONG. VERY WRONG. If they allow this man to live for doing this then what does this say to others criminals.

[calcowgirl]

What kind of test could they run that would prove that the evidence was PLANTED?

From another article:

The appeals court ordered additional testing of a bloody T-What kind of test could they run that would prove that the evidence was PLANTED?shirt that had been at the center of Cooper's claims that he was framed.

Recent DNA tests showed that the blood on the shirt, found near the murder scene, belonged to Cooper. But his attorneys asked that the blood be tested for the presence of the chemical EDTA, which is used by police labs to preserve blood evidence. If the preservative is present, it would show that the blood was not on the T-shirt at the time of the killings, but was placed there later, the court majority stated.

[evad]

Recent DNA tests showed that the blood on the shirt, found near the murder scene, belonged to Cooper. But his attorneys asked that the blood be tested for the presence of the chemical EDTA, which is used by police labs to preserve blood evidence. If the preservative is present, it would show that the blood was not on the T-shirt at the time of the killings, but was placed there later, the court majority stated

So...the perp would be claiming that the police had taken some of his blood, which I assume they got from him somehow, and then taken it to the lab where EDTA would have been added, and then taken it to the shirt, and then sprinkled it on the shirt..is that the proposed frame up?

Wow!!
I'm all for a good conspiracy theory but that one's a little bit thin.

Thanks for the info C-girl.

[Cubs Fan]

---Recent DNA tests showed that the blood on the shirt, found near the murder scene, belonged to Cooper. But his attorneys asked that the blood be tested for the presence of the chemical EDTA,---

Sounds like an OJ replay.

I wonder how they explained his being a convicted rapist, burglar, who escaped from prison and just happened to be in the neighborhood that night (but doing nothing wrong of course).

This clemency is Horse*%$t. IMO if somebody ever kills someone in my family I will finish them myself. Thanks to liberals the US justice system is a criminal enabling failure and can't be trusted for anything.

[Family Friend]

Sorry but your info is wrong. While True EDTA is a preservative that is found in test tubes. EDTA however is also found in laundry detergents, soaps and hand creams. If indeed there is the presence of EDTA it really doesn't solve anything. Coopers attorneys are aware of this but much of the public is not. Therefore may assume the evidence has been tampered with. This is why we must look at the obvious. He admittedd being in the house right next door to this house after escaping from a prison for the 12th time.. Blood of the victims was found in the shower of that house along with a footprint ( NOT A SHOE PRINT )belonging to Kevin Cooper

GUILTY AS CHARGED !

[calcowgirl]

Thanks for the clarification. The paragraphs were direct quotes from an LA Times Article today. Similar language is included in the 9th Circuit court order (requiring the test to be performed... along with DNA on the hair found in victims grip):

"Cooper requests that a further test be done on the bloody t-shirt to determine whether EDTA, a preservative agent, is in that blood. If EDTA is present, Cooper maintains, that will show that his blood was placed on the t-shirt after the fact by someone who had access to his drawn blood. The State has refused to perform a test for EDTA."

This now sounds like a major ploy just to delay his execution. If what you say is true, then the probability of them finding EDTA are high... which would then require the prosecution to demonstrate that the presence of EDTA could be from other sources... etc. New trials? How can the 9th Circuit fall for this crap? (I guess they've earned the '9th Circus' title). What a mockery these criminals (Cooper AND his attorneys) make of our system.

[Family Friend]

Spoken like a true Chicagoan

Cubs Fan ...
Are you a Chicagoan ?? or a native of Chicago. I am

[skeeter]

"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 appellate panel.

Is anyone surprised that there's more doubt about his guilt or innocence now than there was twenty years ago?

[Family Friend]

They cannot retry him under the US Constitutions Double Indemnity clause (A person cannot be tried twice for the same crime) Too bad DNA wasn't used 21 years ago. Hopefully for the families of these victims this will be over soon.

[Cubs Fan]

Spoken like a true Chicagoan Cubs Fan ... Are you a Chicagoan ?? or a native of Chicago. I am

Yep, I live in Oak Park, right next door to Chicago