California Death Row Inmate Granted International Hearing

Posted by Chelsea Bond on October 24th, 2013
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Kevin Cooper, a death row inmate in California, has been granted a hearing regarding human rights violations with the Inter-American Commission on Human Rights, which seeks to protect human rights and basic freedoms in the Americas. Cooper has been on death row in California for 29 years, and has always maintained his innocence.

Attorneys for Cooper stated that they are “hopeful that the Commission will issue a decision directing that the United States provide Mr. Cooper with a new trial in order to allow him to prove once and for all that he is innocent of these crimes.”

Death Penalty Focus has submitted a letter to the Commission in support of Kevin Cooper, which expresses our concern about the facts of this case, as well as our stance that the death penalty is never an appropriate sentence.

Send your own letter expressing support for a new trial for Kevin Cooper to the IACHR.

To: Honorable Commissioners of the Inter-American Court on Human Rights

 From: Mike Farrell, Chair of the Board of Directors of Death Penalty Focus Virginia Van Zandt, Interim Executive Director of Death Penalty Focus

Re: Kevin Cooper v. United States, Case No. 12.831

Dear Members of the Court,

We write representing the Board of Directors, staff and thousands of members/supporters of Death Penalty Focus, one of the premier abolition organizations in the United States, in support of your attention to the plight of Kevin Cooper.

While we do not pretend to be qualified to judge the legal questions surrounding Kevin Cooper’s case, our 25 years of work against the death penalty in California and across the nation have made us painfully aware of the glaring faults inherent in this inappropriate, ineffective system and the grievous errors committed in its implementation. California houses our nation’s, and possibly the world’s, largest death row, currently encaging 742 condemned men and women.

Because of a judicially imposed moratorium, there has not been an execution in California in 7 years. This moratorium, however, can end at any moment and, regardless of the state’s ability to carry out executions, the condemned struggle to subsist under conditions which a recent report by our Center for Constitutional Rights (CCR) and the International Federation for Human Rights (FIDH) says “clearly violate the United Nations Convention Against Torture.” This opinion, regarding both death row conditions and the death penalty itself, is shared by Juan Mendez, the United Nations Special Rapporteur on Torture.

As is the case with every killing state in the U.S., capital punishment’s use in California is primarily limited to racial minorities and those too poor to be able to afford an adequate defense. California has barely escaped killing six innocent men* who were tried, convicted, sentenced to death and spent years fearfully awaiting the executioner before finally being exonerated and freed.

But we did execute Thomas Thompson in 1998, a man Judge Stephen Reinhardt, a long-time veteran of the U.S. Court of Appeals for the Ninth Circuit, described (New York University Law Journal) as “the first person in the Nation ever to be executed on the basis of a trial that an un-refuted decision of a United States Court of Appeals had held to be unconstitutional.”

While unable to argue the legal aspects of Kevin Cooper’s defense, we are keenly aware of the compelling 100-page dissent in a 9th Circuit Court of Appeals ruling in his case in which Judge William A. Fletcher stated that Mr. Cooper was “probably” innocent. Four other judges joined his opinion, stating that “California may be about to execute an innocent man.”

We commend your careful attention to this troubling case.

Respectfully Yours,

Mike Farrell
Chair, Board of Directors

Virginia Van Zandt
Interim Executive Director

* California death row exonerees: Troy Lee Jones, Lee Perry Farmer, Jerry Bigelow, Patrick Croy, Shujaa Graham, Oscar Lee Morris

Click here for a PDF version.

For more information about the troubling aspects of the investigation, see the declaration by Tom Parker, former Special Agent with the Federal Bureau of Investigation.




Posted in Blog, International


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