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SolidSnakex

Member
Oct 25, 2017
23,405
California Gov. Gavin Newsom issued an executive order Friday calling for new DNA testing in the case of Kevin Cooper, a death row inmate whose conviction could be a key debate point in the 2020 presidential election.

Newsom's actions come in response to a clemency application from Cooper, whose defense says the long-requested tests could prove his innocence in the 1983 killing of four people in Chino Hills, California.

For years, Cooper's defense team has raised credible evidence that sheriff's deputies framed him for the crime. New York Times columnist Nicholas Kristof, who has reported extensively on Cooper's case, has also concluded that that is the most likely explanation. He praised Newsom's announcement as an "excellent" development.

This development may prove to be a big problem for 2020 candidate Sen. Kamala Harris (D-Calif.), who's faced sharp criticism for refusing to allow advanced DNA testing of the evidence in Cooper's case during her tenure as the state's attorney general ― something she later told the Times she now feels "awful" about.

https://www.huffpost.com/entry/gavin-newsom-kevin-cooper-dna-test_n_5c7038ace4b03cfdaa54d8d6
 

woman

Banned
Oct 25, 2017
3,532
Atlanta
I can't think of any possible reason to refuse advanced DNA testing other than a need to cover something up.
 

NinjaScooter

Member
Oct 25, 2017
54,166
Being pro-death penalty is shitty enough, now imagine being against finding out of someone is actually guilty before you kill them
 

Soul Skater

Member
Oct 25, 2017
10,201
This development may prove to be a big problem for 2020 candidate Sen. Kamala Harris (D-Calif.), who's faced sharp criticism for refusing to allow advanced DNA testing of the evidence in Cooper's case during her tenure as the state's attorney general ― something she later told the Times she now feels "awful" about

What. The. Fuck.
 

rude

Member
Oct 25, 2017
12,812
God Kamala is absolute trash. That Breakfast Club Interview shows me she can't even handle simple conversation without saying something extremely stupid (reinforcing Jamaican weed stereotype). Her actions as a prosecutor are so fucked up.
 

Deleted member 4346

User requested account closure
Banned
Oct 25, 2017
8,976
I was high on her as a candidate until I started hearing more stories like this. Verges on disqualifying as a Democratic candidate for president in 2020 to be honest. This in particular is disgusting, I don't support the death penalty in any situation (it's barbarism!) but in death penalty cases every possible appeal and piece of evidence for the defendant should be admitted. Harris refusing advanced DNA testing here is despicable.
 

Deleted member 22490

User requested account closure
Banned
Oct 28, 2017
9,237
As state attorney general, Kamala Harris refused to allow this advanced DNA testing and showed no interest in the case (on Friday, after the online publication of this column, Senator Harris called me to say "I feel awful about this" and put out a statementsaying: "As a firm believer in DNA testing, I hope the governor and the state will allow for such testing in the case of Kevin Cooper.").

https://www.nytimes.com/interactive...ONmzrXS2a4L48545M2I6OoerTVXCSRk-SQFymU7sQPr4A

I can't find why it was refused
 

Volimar

volunteer forum janitor
Member
Oct 25, 2017
38,526
If it exonerates the guy, the fallout will be interesting to say the least.

Wait....didn't Brown already order the testing in December?
 

Deleted member 8860

User requested account closure
Banned
Oct 26, 2017
6,525
Ugh-what was the reasoning? Likely terrible if she feels awful.

The reasoning is that every inmate would submit appeal after appeal after appeal on frivolous grounds, so there's a process to properly file appeals. Cooper failed to do so (in a 30+ year old case) and AG Harris's office didn't consider it. After journalists took up the story and dug into it, bringing the weakness of the 30+ year old case to light, Harris reconsidered and urged Govs. Brown/Newsom to sign off on the DNA testing.
 

Squarehard

Member
Oct 27, 2017
25,896
If it exonerates the guy, the fallout will be interesting to say the least.

Wait....didn't Brown already order the testing in December?
I believe Newsom is just following through on the order, since Brown left office, so technically, this was under Jerry Brown's watch, and Newsom is just agreeing with it, and pushing it through.

Brown also had a good relationship with Newsom, so he may have purposely left it to him to finish the job, so he'd get the headline since he was on his way out anyways.
 

Frozenprince

Banned
Oct 25, 2017
9,158
It's almost like her actions and past say that she's a bad person who put her personal career ahead of doing the right thing and supporting forward thinking policy and criminal justice reform and he attitude now is all just empty words without any reason to trust them in any way.
 

Baji Boxer

Chicken Chaser
Member
Oct 27, 2017
11,380
I can't think of any possible reason to refuse advanced DNA testing other than a need to cover something up.
I don't know, but it's way too common for prosecutors out there to fight against this stuff. Just google something like "prosecuter refuses DNA test" and you'll get a LOT of similiar stories. I think a lot of it is a law enforcement us vs. them "team" thing, not wanting to muck about with established convictions.
 

Kirblar

Banned
Oct 25, 2017
30,744
The reasoning is that every inmate would submit appeal after appeal after appeal on frivolous grounds, so there's a process to properly file appeals. Cooper failed to do so (in a 30+ year old case) and AG Harris's office didn't consider it. After journalists took up the story and dug into it, bringing the weakness of the 30+ year old case to light, Harris reconsidered and urged Govs. Brown/Newsom to sign off on the DNA testing.
Was she publicly asking for it while still CA AG?
I don't know, but it's way too common for prosecutors out there to fight against this stuff. Just google something like "prosecuter refuses DNA test" and you'll get a LOT of similiar stories. I think a lot of it is a law enforcement us vs. them "team" thing, not wanting to muck about with established convictions.
"The Shield" probably had the best illumination of the forces tugging both directions in situations like this I've seen in media, as the manpower required to address those older cases will directly shift resources away from current police/prosecutorial work and make people involved hesitant to turn over stones.
 

EloquentM

Member
Oct 25, 2017
9,631
The reasoning is that every inmate would submit appeal after appeal after appeal on frivolous grounds, so there's a process to properly file appeals. Cooper failed to do so (in a 30+ year old case) and AG Harris's office didn't consider it. After journalists took up the story and dug into it, bringing the weakness of the 30+ year old case to light, Harris reconsidered and urged Govs. Brown/Newsom to sign off on the DNA testing.
thank you for this.
 

Kirblar

Banned
Oct 25, 2017
30,744
Here's an AP piece from last May- http://www.capradio.org/articles/20...lifornia-should-test-dna-of-condemned-inmate/
California's governor should allow more sensitive DNA testing that advocates say could exonerate a death row inmate, U.S. Senator Kamala Harris said Friday.

"As a firm believer in DNA testing, I hope the governor and the state will allow for such testing in the case of Kevin Cooper," Harris, a former state attorney general and San Francisco prosecutor who opposes the death penalty, said in a statement .

Cooper, 60, is awaiting execution for the 1983 Chino Hills hatchet and knife killings of four people. He escaped from a nearby minimum-security prison east of Los Angeles two days before the slayings of Doug and Peggy Ryen, their 10-year-old daughter Jessica and 11-year-old neighbor Christopher Hughes.

Two previous DNA tests concluded Cooper was the killer. A piece by New York Times' columnist Nicholas Kristof suggesting Cooper was framed sparked Harris's comments. Kristof's column labels Harris one of the "flawed political leaders" he blames for blocking the new DNA testing while she was attorney general.

A San Diego judge in 2011 blocked Cooper's request for a third round of DNA testing. Cooper says he was framed and that more sensitive DNA tests on items including a T-shirt and a speck of blood on a paint chip would prove his innocence. But the judge ruled he failed to show why more DNA tests are needed.

Cooper's request for clemency is under review by Gov. Jerry Brown's office, said spokesman Evan Westrup. Those requests "are thoroughly and diligently reviewed" and will determine the next step, he said.

California hasn't executed anyone since 2006.
It seems like this case wasn't considered anything special until the media attention came up, which makes sense if the denial of new testing was on procedural grounds and was going to require the Governor to intervene.
 

xbhaskarx

Banned
Oct 27, 2017
5,143
NorCal
I remember reading the NYTimes story on this case... crazy stuff

https://www.nytimes.com/interactive/2018/05/17/opinion/sunday/kevin-cooper-california-death-row.html


The reasoning is that every inmate would submit appeal after appeal after appeal on frivolous grounds, so there's a process to properly file appeals. Cooper failed to do so (in a 30+ year old case) and AG Harris's office didn't consider it. After journalists took up the story and dug into it, bringing the weakness of the 30+ year old case to light, Harris reconsidered and urged Govs. Brown/Newsom to sign off on the DNA testing.

That makes it sound less like some evil conspiracy involving the Dem presidential frontrunner....
 

Juan29.Zapata

Member
Oct 25, 2017
2,354
Colombia
Here's an AP piece from last May- http://www.capradio.org/articles/20...lifornia-should-test-dna-of-condemned-inmate/

It seems like this case wasn't considered anything special until the media attention came up, which makes sense if the denial of new testing was on procedural grounds and was going to require the Governor to intervene.
Not that I have anything against Harris, but she did this after being out of the DA office. Wonder if she did this as a political play, to prevent this from blowing up in the future.

Thankfully, this isn't getting a man killed.
 

Kirblar

Banned
Oct 25, 2017
30,744
Not that I have anything against Harris, but she did this after being out of the DA office. Wonder if she did this as a political play, to prevent this from blowing up in the future.

Thankfully, this isn't getting a man killed.
It looks like this is the sort of thing would be auto-denied without any real attention paid to it and which you'd want deliberately want handled extra-judicially in order to avoid precedent.
 

Pata Hikari

Banned
Jan 15, 2018
2,030
I don't know, but it's way too common for prosecutors out there to fight against this stuff. Just google something like "prosecuter refuses DNA test" and you'll get a LOT of similiar stories. I think a lot of it is a law enforcement us vs. them "team" thing, not wanting to muck about with established convictions.
If the conviction is overturned that means the prosecutor retroactively lost which means they lose face.