"A shocking disgrace that DNA tests haven't been allowed in this capital case."
Very many and detailed DNA tests have occurred in this case (though one wouldn't know that from this article).
1
" ... the Walter McMillian case ... There, too, a man was framed and on death row."
I take the "beyond a reasonable doubt" standard very seriously, especially in capital cases. But if Kevin Cooper avoids the death penalty, it won't be because he's a nice guy. When he escaped from prison (where he'd claimed to be "Daniel Trautman," by the way), that was the 12th time he'd escaped from custody. He was arrested in this case because a woman in Santa Barbara had complained to the police that he'd raped her. He'd raped another girl, and stolen her car, in Pittsburgh, PA (before he moved to CA), and been in prison several times for burglary.
None of this is disputed. It doesn't mean Kevin Cooper should be executed for these gruesome murders if he didn't commit them (though I think the evidence is very strong that he did; Kristoff leaves out a great deal here). But I won't be crying for Kevin Cooper any time soon -- nor, I suspect, will his rape victims.
1
Well, Gov. Brown's first 8-year term was 1975 to 1983, he surely knew all the powerful law enforcement guys at the time, and if he's stonewalling the effort to test the DNA of Mr. Cooper, and such obstruction appears illogical and arbitrary, then Gov. Brown can reasonably be believed to be complicit with an unjust coverup that is not only unconstitutional but depraved to such a degree that anyone with the least conscience, Brown notwithstanding, would be outraged and despairing for the future of humanity.
1
There is no excuse for not doing the proposed test. The prospect of gross injustice makes it worth doing. Governor Brown, do the right thing.
3
Many commenters say "Gov. Brown and Sen. Kamala Harris" are bad people because they don't support Kevin Cooper's pleas for justice in this case.
Maybe they're bad, or maybe they're stupid, or both. But maybe they're neither. Maybe they've paid closer attention to this case than most readers of this article have, and so they know that Kristoff has left out a very great deal of the facts. He has a point of view -- I understand that -- and that point of view calls for leaving out many facts. But that doesn't change the fact that he has.
Before you castigate "Gov. Brown and Sen. Kamala Harris," or anyone else, read up on this case apart from this article. There's quite a bit written about this case -- numerous and detailed legal opinions, articles filling thousands of pages -- in the 35 years since these murders occurred.
Nick:
I am glad someone else almost feels the way I do about state-sponsored murder - especially of those found guilty by police and prosecutorial misconduct.
I wish you had taken it further, and come out against all state murder in a supposedly civilized country.(for those who might try to misuse anything I write,this is about murder, not removal of an unwanted embryo or fetus).
Especially if this story's successful, this will mean one less layer of blood caked on our hands.
Any time we, as a nation, allow a human, innocent or not of any crime, to be murdered, we are proving we can sink below the worst killer's level, taking years to go through the legal dance necessary, to commit a murder, horrendous more than any other crime because of the years of planning..
Each government murderit is more blood on each of our hands, unless we do all we can to stop it, as you have.
What is worse, I think, state murder fosters increases the number of murders of fellow employees or students, disloyal spouses, even purely delusional "crimes". "If even the STATE can kill to somehow right a wrong, I should be able to." is the thought of someone who is bullied in school, cut from their owed 15 minutes of fame, or because he (in most cases) can't find women willing to have sex with him. "They think I haven't suffered, I'll let the whole world know my story, make me famous, make up for what someone or everyone has done to me"
1
Thank you Nicholas...
I read it and instantly fired off a letter to Governor Brown begging for him to do the right thing. As I stated to him... the tests may end up confirming his guilt... but without them we will never know if he is innocent.
It seems pretty obvious that if he were white and wealthy enough to have hired a good attorney, the case might never have made it to court.
I pray he is indeed innocent and will live a long life of bearing witness to the inequity of the justice system.
And if he is indeed proved innocent, I pray the DNA will reveal the truth and allow the victims' loved ones to find a proper peace and understanding.
I am so grateful for your work and diligence.
3
Great and compelling reporting. Jerry Brown is a man of integrity and hopefully he will respond to you and set this to rights.
2
I take exception to the denigration of Cooper's defense lawyer. David Negus was, at the time, the Chief Deputy Public Defender for the Ranch Division, and probably one of the top two or three lawyers in a very competitive, talent rich office.
He worked on this case with a zeal and dedication that exceeded all professional standards. His preparations for trial were beyond any that I have seen in my 35 years of Public Defending. I watched from afar as he built up a trial notebook library that covered every conceivable twist and turn that one could imagine.
Yes, he was overwhelmed, as all public Defenders every where are. He didn't have the vast resources of the DA' office + the Sheriffs office, nor any public support. Everything he did, like hiring experts to help in the defense, were countered by bad press, a corrupt and racist criminal system and the vast power vested in so-called Law Enforcement.
Mr. Negus is owed an apology.
4
As a long-time public defender, you may have heard about the 4 San Francisco public defenders that are running for judge up here because they say that judges don't pay attention to the things that matter most to public defenders. Any thoughts on those 4 candidates, or their reasons?
4
I have written to Governor Brown, and Senator Feinstein. I hope others will do the same.
5
This is shocking on many levels but not shocking in many others.
It's a great piece of wok by Mr. Kristoff, Ms. Ma and Mr. Thompson.
2
The beauty of living in 2018 is that we have easy access to technologies like DNA testing that didn't exist at the time of this crime. How can anyone, knowing that a man may be wrongly executed, justify not taking advantage of the revelations DNA analysis offers?
The parties who resist gathering definitive evidence -- regardless of what such testing might reveal -- commit a crime of a different nature.
5
" ... the fact that DNA testing has progressed so far should factor in and cause changes to our laws. ... "
I agree completely. While I appreciate the need for finality, society should make every effort to avoid punishing innocent people.
What's surprisingly missing from this article, though, is that there was very extensive DNA testing done. Many other things were missing, but that's the most important missing item here. I think most readers didn't understand that, and I don't think that's the reader's fault.
3
Kristof is an opinion writer. He has no obligation to provide all the facts. He doesn't want a debate. His is a cause or crusade. Still, readers should get a complete picture if they want to maintain their self-image as "well informed."
"As state attorney general, Kamala Harris refused to allow this advanced DNA testing and showed no interest in the case"
She feels awful but it was she who stopped it. If one wants to know why the DNA has not been allowed to be tested, ask her what her thinking was at the time.
2
The problem is that if Cooper is innocent it raises the question that it isn't just a minor problem but more deeply rooted.
Cooper's first investigator Paul Ingels got conned by the faulty DNA testing. I mentioned to Bruce Lisker (another one of Ingels clients) that I felt Paul had blind spots. He agreed with that, saying that Paul was fundementally a believer in the system.
It's pretty much that attitude, aside from racism.
To believe Cooper was guilty you'd have to think a single black man was able to overpower two fit adults WHILE DRAGGING A CHILD BACK INTO THE HOUSE (Jessica made it out of the house for a little while before being killed). To believe THAT you have to think blacks are inherently super violent predators.
2
Unjust brutal madness by those who should know better. ... "and justice for all" an illusion.
Right or wrong? Public opinion seems to conclude that the man should be allowed "life, liberty and the pursuit of happiness", unless of course, those words mean nothing.
I say, Free the man, Correct a wrong...and make it right.
There's a lot more to this case than is written here. If you're interested, there have been numerous legal opinions and articles written about it in the 35 years since the murders occurred -- nearly all of them easy to find on the Internet.
1
I agree that this piece is lacking counterarguments, but it sounds suspiciously like the Walter McMillian case, which Bryan Stephenson wrote about in his excellent book, "Just Mercy". There, too, a man was framed and on death row. It was a lengthy effort for Mr. Stephenson that involved years of persistence.
There are rules about introducing evidence at a later date, and the government doesn't necessarily have the obligation to protect *from* all abuses, but the fact that DNA testing has progressed so far should factor in and cause changes to our laws.
3
Kamala Harris and Jerry Brown aren't the only ones who believe Kevin Cooper has been treated fairly. I do, and most people who look into this case do too. This article leaves out a great deal (for just one of many examples: there's been quite a bit of DNA testing in this case, though one would never know that from what Mr. Kristoff writes), and the article misstates much of what it does include.
I strongly urge you read up on this case before you pass judgment. Many legal opinions and articles have been written about it in the 35 years that have passed since the murders.
You might start with the 160-page opinion by US District Court judge Marilyn Huff, denying one of Mr. Cooper's dozen or so habeas corpus petitions. It lays out the procedural history pretty well (post-trial, mostly; link: https://www.casd.uscourts.gov/Attorneys/FileReview/Lists/NoteworthyFilin....
You'll probably be left with some healthy skepticism about what Mr. Kristoff writes (and leaves out). It's an interesting case. Reasonable minds certainly can differ, but Mr. Kristoff has not made a serious effort to present both sides.
6
Why wasn't his actual arrest mentioned. The article has a bias https://www.nytimes.com/1983/08/01/us/suspect-in-california-slayings-cap...
Mr. Kristoff - Thank you so much for sharing this outrageous story. Unfortunately, it's likely more common than not. But given the evidence, and hard proof of obstruction of justice, it's particularly sickening to learn that our democratic leadership in CA - particularly Governor Brown and Senator Harris, have done nothing to right this wrong, when they're clearly in a position to do so! I thought civil rights are one of the essential planks of the democratic party? Hopefully your elevating the story provides the political will to revisit Mr. Copper's death sentence. I agree with one of the prior contributors that Harris must provide us with a reason for not allowing DNA evidence in this case. otherwise it will certainly affect her potential candidacy for national office down the road.
The right man is on death row. Kevin Cooper is guilty. This article is lacking, to say the least.
7
Appears to have been very poor police work and DNA testing is in order. However, shed no tears for Cooper. He had a string of sexual assaults to his name, before and after this crime. His incarceration probably saved numerous women from attacks.
2
I can't fathom how the San Bernadino Sheriff deputies are not on death row right now or at least are prosecuted for (as of now) attempted murder?
Until we start making the hordes of clowns tasked with our protection accountable for their actions, this society will continue it's downward spiral.
2
The United States of America is absolutely sickening. How many other black men are in prison because they were framed to cover the crimes of white men? This man has already spent 35 years in prison. The white men who likely committed these murders may be free and flourishing. Turns the stomach.
One thing I am relieved about with Trump: No more moralizing blubber to other countries about human rights from the aptly named "bully pulpit." We've always been bullies. Trump is as cruel, trite, vain, idiotic, narcissistic, and nihilistically tribal as we are.
Whites are the problem here. Just too proud and vindictive to admit it.
2
This should nuke Kamala's presidential ambitions. I'm from California and have previously voted for Brown and Harris. I'm ashamed of my vote.
3
Yes, she is strangely given a pass. It would have been a huge outrage about the AG's behavior if it had not been she, a democratic darling.
Firstly, I would like to say the authors of this article composed what I find to be some of the best investigative reporting in the 21st century. I read this at home last night, out loud to my friends, before we knew it we were drinking wine, sitting on the floor with our legs crossed, barely able to contain ourselves with what was coming next, as if I was reading some mystery novel. Sadly, this is no mystery novel, but a real life. As a California transplant, now living in NYC, I have to say I am disgusted and embarrassed. This is a great example of fake liberalism. Brown and Feinstein say they're Democrats, really? Let's lose the labels and start making our criminal justice system one with integrity and honesty. This can only start if the politicians knock off the favors and authorities start holding people accountable. I'm clearly being hopeful here...
2
A very interesting article but not so much investigative reporting as a summary of what others have discovered.
This is horrifying! I have no words. It keeps popping up again and again, the same finger pointing at how incredibly biased and cruel this so-called "justice" system is. https://www.theroot.com/kansas-finally-bans-cops-from-forcing-suspects-t...
https://getpocket.com/a/read/2190947398
https://www.theguardian.com/us-news/2018/may/17/walmart-shoplifting-help... etc etc etc
What will it take to get a country where citizens have equal rights, have healthcare and education as well as a real justice system?!
1
This is beyond disturbing! I find it so had to comprehend how and why Gov Brown and Kamala Harris refuse to do the DNA test. It is illogical to me. The system as a whole is corrupt and I just can't accept that an innocent man can actually be executed when the evidence of his innocence is right there, plain as day. Racism is showing it's ugly head but there has to be more going on here. Politics and greed must play a role behing closed doors.
I worked in a maximum security jail as a social worker and it was true that poor black inmates always had to plead guilty regardless of culpability and were sentenced to longer prison terms than white inmates.
Thank you Nicholas for your investigative work on this case and for shining another light on humanity's failures. As always your columns are inspiring me to do more.
3
A long and involved column that leads to only one conclusion: Gov Brown, run the DNA.
3
Harris n Brown, we’re waiting, wondering what y’all got to say !!!
1
Kevin Cooper is guilty. Dear NYT readers, do some research from other sources before jumping on this ridiculous "he is innocent" bandwagon.
6
Please forward this article (and the Amnesty International petition attached) to everyone you can possible reach. Mr. Cooper has been denied the one right to which every citizen of the USA is entitled...DUE process of the law.
1
So, the possibility, if not probability, that an innocent man may be killed, seems in play here, do we realize the gravity of injustice if true? Is it preferable to keep a criminal alive that destroy an innocent human being? You bet. Time is ticking. The need to reconsider the flawed evidence now is of the essence.
No, Kevin Cooper is not innocent. He was not framed. Justice has been denied this family and their children's friend for too long by not proceeding with the execution. This article is biased and lacking. I implore the NYT readers to do some independent research before jumping on this bandwagon of "innocent and framed."
6
He is innocent of this crime. I remember it at the time, and it was very clear that three white men were the perpetrators, and then all of a sudden it flipped and they talked about one Black man because they happened to find the Black escaped convict.
It is astounding that in the face of the overwhelming factual evidence that you can't see that.
5
If he's guilty, new DNA testing won't exonerate him. What is your objection?
2
This case reminds me a lot of the De Luna case in Texas that was a big deal a few years ago.
This guy was a rapist who escaped prison, hid out in an abandoned house near the crime scene, and then got caught during subsequent rape after breaking out of jail. So when we say "innocent," that carries a number of false connotations. It may merely be that he's a violent serial rapist who deserves death for being a rapist, which doesn't legally carry that penalty.
It's also interesting that the editorial decides to change the survivor's claim of "three Mexicans" to "three Whites."
He may well be innocent of the murder, and there may be murders running free because of that. That's an issue worthy of review. But this is some sorry tabloid journalism that makes me regret giving the NYT any money.
4
The original sin of law enforcement officers is the infected spot of America: not just racism, but the utter hatred of the other, be it black, yellow, native American, gay: it's the hatred of differences and the indifference --spiritual sloth-- that dispenses them from the guilt of the outrages committed against the innocent.
W.L. Newell
Kamala Harris is acting like another Janet Reno kind of attorney general.
Pamela Harris, never ask me for my money again!
1
The death penalty should be abolished and made illegal at the federal level.
Our country is too bigoted and unfair in our criminal justice system to allow the death penalty.
Much better to sentence convicted murderers to life in prison without parole.
And where is justice if the DNA testing will not be completed?
23
With a simple google search you will find out that there is a lot more to the story and that this violent felon is guilty as charged. Search "CALIFORNIA HAS WASTED ENOUGH TIME ON KEVIN COOPER" as one example. There are many others.
6
The Criminal Justice Legal Foundation is responsible for the essay you cite. They are not an objective source. They are a victims' rights organization who exist "to assure that people guilty of committing crimes receive swift and certain punishment in an orderly and constitutional manner." They are vehemently pro-death penalty. This does not mean that they have no right to present facts, but one should balance their "evidence" with readings from other more objective sources. https://www.cjlf.org/
2
I recommend Life in prison for governor Jerry Brown, and for senator Kamala Harris for their incredible obstruction of justice, and their implicit hate crime against Kevin Cooper.
2
Amazing article. Thank you. There is an honesty to this article that's hard to match. There is no angle. No bias. Simply disturbing fact. Journalism at its best.
Given that cops and prosecutors can completely concoct a case (which they appear to do with high frequency),
and they seem especially eager to do so against African American men,
why does anyone disgrace the word "finest" by using it to refer to our cops?
2
Beyond Cooper's innocence or guilt, the death penalty is an act of state terror meant to affirm their power and dominance of society, effectively, as those who render it proclaim that it is a deterrent because the leaders are too cowardly to claim the responsibility for killing the convicted man or woman. All the parties involved in trying to kill Cooper wear the black hoods of cowardice they hide in while terrorizing the land to hold power. Those without the means to pay for effective defense make ideal hunks of meat to throw at the hungry public. That lack of means assures a successful prosecution and outcome favorable to those in power at all levels. That's why Blacks and poor people predominate in the system of injustice and social terrorizing. Don't ever believe that the American system of justice is justice. It's a means of social dominance and control. Shame on Californians for voting to kill. They wear the black hoods of cowardice hiding behind the ballot to inflict their sadistic hatred on others. We are still humans. That's our biggest problem.
1
Reading this article made me sick to my stomach. If ever there was any doubt that our country is fatally corrupted by its endemically brutal racism, Nicholas Kristof's account should erase any shadow of it.
If Democratic Party figures like Governor Jerry Brown and Senator Kamala Harris cannot be trusted at least to explore the possibility of a wrongful conviction, then whom can we trust to stand for justice?
Harris should never be allowed to get near nomination for the presidency of the United States. She is as corrupted and bigoted as, apparently, is Governor Jerry Brown.
Whom does one vote for in such an ethical cauldron?
1
Probably not the wisest move by the NYT to run this as an opinion piece only. Mr. Kristof is a columnist, not a reporter, and although we'd like to grant that Kristof still employs his journalist's chops and the Times wouldn't run this without some measure of journalistic vetting, it's still an opinion piece. Why not run this with an accompanying piece by a team of crime/legal reporters? An opinion piece is bound to tilt the issue in such a way as to inspire emotional responses... as it did in me. But after allowing the emotions to subside, I'm of the belief that there is far more to this story than what's presented here by Mr. Kristof. I think we'd all like to believe Mr. Cooper is innocent, but whether or not he is can't be ascertained by this column. Do the testing, yes, but how much was done already? What were the results? What statements by law enforcement officials and California state officials are on record? (...since no one went on record here, with Mr. Kristof...) Lets not all grab pitchforks and storm Sacramento. More information is required.
6
Just another example of Institutional Racism in the US Justice system.
1
Wait! So what's the next steps? Instead of writing to the NYTs comments page, shouldn't we all be writing Governor Brown and our own Attorneys General to say that when justice doesn't work in one state, we all worry that it doesn't work anywhere??? My attorney general has stepped up to Trump - he certainly could opine to California's Atty General.
It's tragic NOT to do SOMETHING! Do SOMETHING!
The next innocent victim on death row could be any one of us - at much better odds than winning the Power Ball.
Isn't using the power of the government to deny a possibly innocent person a chance to prove their innocence murder if they are executed as a result? What does Gov. Brown have to lose?
Exoneration numbers are unbelievable! All attempted state murders on our behalf!!!
Those in power to do the right thing yet intentionally do wrong - justice is being vandalized, sabotaged - it's not broken. Where's accountability?
If the deputies framed Mr. Cooper to the death penalty, then that should be their punishment too - or attempted murder if not executed. Framing an innocent civilian to death to get elected - how truly depraved and grotesque. Compounding the tragedy are the three culprits 'set free.'
Ms. Roper risked her life handing over the bloody coveralls to law enforcement, no?
We have lynch mob political rallies to this day - "Lock her up!" Mexicans are rapists come to mind from the last POTUS race. Now the winner is running circles around our justice system, framing his opponents with false accusations, praising the broken justice system that serves him and the likes of Judge Roy Cooper and Sheriff Arpaio while filling courts with right wing extremist justices.
Thank you Mr. Kristof, Judge Fletcher, Mr. Hile and all those decent individuals working extremely hard to return decency and humanity to our justice system. Ms. Harris and Mr. Brown can learn from them.
3
Who does the death penalty benefit? The executioner? The victim's family? The death row workers? The death row doctor? The governor? News consumers? Who benefits exactly?
It has been shown that the death penalty is NOT a deterrent. It has been shown that it is racially biased towards minorities. Also that it is not necessarily painless. If you want a painless death, really and truly, you need to use the guillotine. But that is so messy, and we wouldn't want to upset any of the people in the viewing booth!
The death penalty is disgusting.
1
I have been admirer of Gov. Brown until now. If he let's this man die without a chance at exoneration he's lost me.
1
Kamala Harris, our former Attorney General (now Senator) whose office would have prosecuted recent appeals in this case, has presidential aspirations. A DNA test now would possibly be an admission of prosecutorial misconduct in the past. Hmmmm..... strikes me that California could be protecting it’s own here.
2
To frame an innocent man for this crime is as heinous as the crime itself. How did these police officers live all these years with the knowledge that their actions were keeping an innocent human caged like an animal for decades, and ultimately on his way to being executed. If they did this, they are as evil as those who committed these murders.
2
Is there any recourse currently available to Mr Cooper?
What is actually being done?
Or what can be done?
Soc media campaign on Gov. Brown?
1
@Kamala Harris: this is the second time I have read of your indifference to Mr. Cooper, and I wrote you both times. Do not even consider running for president in 2020! And now you won't even talk to Nicholas Kristoff? BIG MISTAKE! He has more followers than you do.
As to the death penalty, I am proud to live in Illinois, where an otherwise not-so-great Republican governor (Ryan) suspended the death penalty, because too many people on death row were being exonerated, in 2000. It was later ended. This issue is more important by far than marijuana, and even more important than pollution. If Kevin Cooper is executed without examination of the defense submitted DNA, you and Gov. Brown will be murderers, along with all Californians.
Cory Booker gave up any chance I would vote for him when he voted against importing drugs. You're gone, who's left but Bernie?
2
This is the criminal justice system I knew as a youth. Not that I am complaining. I thought I had it bad until I saw the cases of poor black youth.
Aside from the really egregious cases like that of Mr. Cooper, very few people want to know what happens to people behind bars. Above all, people may cry over the cases of abused children who are then removed from the care of their parents, but how many ask what happened to those children separated from their horrible parents? I can tell you, it ain't pretty!!
1
I strongly encourage everyone who is as outraged as I am to write to Gov Brown, sign the petition, share the story on social media and keep Kevin Cooper's name and plight on your lips until justice is served.
1
If Jerry Brown was a Republican instead of a Democrat, we’d hear no end of this apparent miscarriage of justice.
1
And if most voters in California were Republicans, too, we'd hear nothing about this case.
Why Kamala Harris won’t even allow testing to be done is not only troubling, it’s immoral. But then again, this’s is the same woman, who as attorney general refused to prosecute Steve Mnuchin for illegal foreclosures at One West Bank. I guess justice for Harrris depends on who the person is or perhaps how much money he has. The Democrats could do better than to nominate her for president.
4
And yet, Brown just approved a $1.95 million dollar payment to Craig Coley, another wrongfully convicted man (freed using advanced DNA testing). Hmmmm... What's different about THIS case, I wonder?
2
I volunteered for a time at the California state pubic defender office. That office only represents people on death row.
I asked a long time associate state defender why they wouldn’t do a dna test in one case. The response was that they feared the test would be tainted by corrupt people and give a false positive.
NYT, would you please release normal article versions of these kinds of pieces (and transcripts of audio/video pieces for that matter)? People with visual and/or hearing impairments (or just older electronic devices) have trouble with these formats, and this kind of formatting has a tendency to cause trouble for people who rely on text to speech as well. I'm on the website of a newspaper because I want to READ the news, not because I want to get walloped with multimedia.
Having seen her careful corporatism up close, this is yet another reason why I will not support Kamala Harris in her quest for President. Shame on you, Senator, and shame on you, Jerry Brown. You are both disgraceful in this.
3
Having read through this stunning account I find that what I'm most flabbergasted by is the way the author dipped the tail end of his story in a tinge of doubt and skepticism.
I mean, really?
I can't read the whole thing. I know it's true that this man was framed. But what happens to deputies who commit purjury on the stand and are exposed? They would lose their jobs and to to prison, so why not just keep trying to put this poor black man in prison instead of a cadre of white, dispicable people?
I just spoke to a man from Detroit, and somebody correct me if I'm wrong, but in Detroit they're making it a felony to avoid paying child support. We all know that taking responsibility for children is important, but a felony that prevents further employment? You might as well kill this man for simply being poor in a bankrupt city that went bankrupt because of deliberate globalized killing of the unions.
This has to change. I can't give a guy $60 a day forever if the system isn't going to give him a way out. Black racism has to end, and maybe we're almost there. Maybe Trump is the straw that breaks the camel's back!
1
The reason that Brown and Harris did not or do not intervene in this case is that they know that executions will not be carried out in California.
Call it benign neglect at worse and politically expedient at best.
If law enforcement was under pressure to make an arrest, as Kristof reports, and if at least one of the three men, Lee, was as arrestable as Cooper was frameable, why not go after Lee, who would have undoubtedly named his accomplices? It seems that in cases where law enforcement IDs an easy target (like Cooper), it's usually after time has passed and leads run dry. That's when the pressure mounts to make an arrest. But that was not the case here, apparently. I'll say one more thing. Kristof treats the rape of a 17-year-old girl by Cooper as a footnote. As racist and broken as the system is, (Cooper is likely innocent of the Chino Hills murders; anyone can see that), Cooper may be guilty of rape, in which case he's right where he should be. Don't forget that in your zeal to free him.
This article really leaves only one alternative version, which Mr. Kristof seemingly did not dare to elaborate: Why should the Sheriff´s Dept. throw away a lead and evidence pointing to a known (white) criminal and murderer (the bloody cover-all), when they were under such pressure to find a culprit? It would mean that they intentionally neglected and destroyed evidence pointing to the perp and made up a fake suspect. Which means that the Sheriff was cooperating with the criminal (gang) which committed or had ordered the murder and actively protected them. Not a nice thought to live under their "protection".
1
Prosecutors are fragile egotists who can never admit to a mistake. They seem to think that their mysterious and mighty power & status will be stripped from them. Maybe it should be if they are so determined to mistreat citizens so brazenly.
2
I am stealing the words below, from from "DMS" of San Diego. They are so perfect why write my own?
"Seeing Kamala Harris in a whole different light now. She's crossed off my list of hopeful candidates for any public office. What a hypocrite!"
1
Most disturbing to me is that a survivor's account was so thoroughly disregarded not just once but many times. The willful tossing of what appears to be a relatively easy "solve" can only be explained by prejudice, not only against a black man but against someone who, while black, had flouted the criminal justice system.
Obviously, this man was no angel, but cops seemed here to grind an ax in ways that subverted basic discovery of facts, let alone justice.
That Davis and Brown are still riding this wagon makes me a bit nauseous. Just because you represent the "state" in some abstract way does not mean you must defend it against truth.
2
Horrifying. I will write to Governor Brown and Senator Harris.
Other than the suspect blood sample, what was the rest of the evidence against Cooper?
1
The ultimate ending to this is this: Kevin Cooper will be executed, but in a call for "strengthening our faith in the justice system" the DNA test will be allowed. And Voila - if it comes back that he wasn't guilty , why no harm no foul because Kevin won't be here to make them answer for their decisions. After all dead men tell no tales and they certainly don't hire lawyers to sue for wrongful prosecution and imprisonment.
Simply sickening.
The handling of the investigation alone would keep any rich person out of prison.
"...innumerable people die tragically every day. Yet we aspire to be a nation where we are all equal before the law, and if we execute a man in so flawed a case without even bothering to test the evidence rigorously, then a piece of our justice system dies along with Kevin Cooper."
Too late, our justice system, among other things, has been and is so much lynching of innocent poor black men. To pretend otherwise by repeating the incantations of our Constitutional Sacrament is just marketing.
Also, dying tragically every day makes it sound like Cooper lived his own life until one day his life tragically and prematurely came to an end. His death has been going on for three decades and counting in a 4.5' x 11' coffin.
Key figures refused to be interviewed by Mr. Kristof about this case. Why, exactly? He's certainly a left-leaning journalist, but he's no left-wing Sean Hannity. I'm willing to give a benefit of the doubt to sincerely mistaken people, but not to ones who simply snub questions.
1
I have sent a message to the governor asking for the advanced DNA testing. Requesting a parole or clemency is not sufficient. That is for guilty people whom are being shown mercy or rehabilitation years afterward. Parole or clemency will not highlight police misconduct, or open the investigation and search for the killers. Only advanced DNA will exonerate and point to the guilty parties.
I am absolutely amazed that Brown, Harris or Feinstein have not spoken up or interceded earlier. Shame on them all.
2
All of these issues were brought to the attention of the jury and the appellate courts time and again for the past 30 years--and they were rejected. Kristoff makes no mention of numerous highly incriminating factors, and he ignores the fact that Cooper had been previously convicted of a vicious rape. What about some concern for the victims for once??
4
I am so sad that our government continues to harm all of us with this disgraceful conduct. And for this innocent man, I hope your courage in exposing the story helps him. In a very small way I can relate, having been harassed and falsely arrested by the Vancouver WA police. I have always wondered if it would have been much worse if I had been black. I worried constantly that they would plant drugs in my car, or even a gun, so that they could shoot me. The police did try terrorizing my 15 year old daughter with arrest if she didn’t confess to a crime I didn’t commit. It was horrible, but nothing like the terrorizing of this man.
2
I don't agree with Mr. Kristof's reportage of this crime.
Leave Joshua Ryen and any eyewitnesses alone. Even had it not be 35 years since, they are not credible.
Do not refer to dishonest cops or a corrupt police chief, etc. Law enforcement officials protect their own. Leave race out of your arguments. Although I also believe Mr. Cooper was targeted/framed/convicted because he is black, this won’t help Mr. Cooper. This is still a racist and corrupt society of white privilege; few people will want to stick their necks out (and heaven forbid damage their reputations) for a 68 year old black man.
Physical evidence only. Concentrate on advanced DNA testing on the evidence that remains (and be aware that there is, at least in CA, a tremendous backlog of untested DNA). Hopefully it hasn't degraded to the point of being unusable.
Let us not blame Gov. Brown, or Sen. Harris when they were never involved in this case. Let the judges, lawyers, FBI and police involved in this case clean up their own mess. Let the higher courts handle this. If you start blaming politicians we will never get out justice system fixed.
Nicholas Kristof needs to also be made aware of the case of Jarvis Jay Masters who has been on death row since 1990, convicted of conspiracy and having made the weapon when a guard was murdered in San Quentin. Jarvis has written two books, Finding Freedom, about becoming a Buddhist in SQ and That Bird Has My Wings, about his very painful childhood. I highly recommend reading both. He has always claimed innocence of these crimes - and has been waiting for many years to have his Writ of Habeus Corpus heard in the state supreme court. He deserves to be heard - and to know life as a free man after waiting all of these years!
I lived in Chino at the time of the murders, and it was indeed an unbelievably shocking crime.
Though Mr. Kristof has pointed out serious flaws in the case against Kevin Cooper, I do have two questions: 1) what kind of testimony did the lone survivor provide, either as a child or as an adult? Only his hospital testimony was mentioned. Did later testimony support or refute his early statements? As an adult he has had time to defend the innocence of Kevin Cooper. Has he? 2) How did Kevin Cooper get to Mexico? Did he use a different stolen car? Did he hitchhike? Walk?
At the time of the murders Chino Hills was still part of Chino proper. The Chino of the 1980's was by no means affluent. I would characterize it as "affordable middle-class". It was no more than a small city in San Bernardino County, still with lots of open space and the smell of chicken and dairy farms.
I also recall that Kevin Cooper escaped with another prisoner, a minor.
1
There is no excuse for denying DNA testing. DNA tests are accurate and objective. The death penalty should at best be applied in cases where all doubt has been eliminated. How can governor Brown live with the fact that his refusal to allow DNA testing may have put an innocent man to death?
The view of all people in authority is that if any miscarriage of justice by them is demonstrated, then anarchy will prevail. Can't risk it. Better for innocent lives to be destroyed than authority shown as fallible.
Thank you, also, for providing a link to Judge Fletcher's speech, which was rewritten as a law review article. Judge Fletcher provides detailed evidence for his contention that Cooper was systematically framed.
This isn't only a matter of a grave injustice in a death penalty case that proper DNA testing could rectify. This is also a matter of a deliberate crime against an innocent person. Who is being protected, and why?
3
This happens much too often.
Not only is it an injustice to the falsely accused, but it is a gross injustice to the victims, if the actual perpetrator(s) do not face the justice system.
But I am confused why authorities in a SJW state such as CA are not intervening, is there something that they know that NK does not? Brown may think that the DNA testing would reveal his error when he was AG, but Harris has no such excuse. They owe it to the citizens to be transparent as to not allowing the DNA testing.
And why not get a warrant to collect DNA from Lee, even now?
This is a tragedy all around.
1
"...in 34 years at The New York Times, I’ve never come across a case in America as outrageous as Kevin Cooper’s."
No doubt there are other cases, in states and local districts even more persistently dysfunctional than what is described here. Many of the men were perhaps locked up for life, not having been given the death penalty, flying below the radar of national press coverage.
On another level, it is yet another black man railroaded by the system. An obvious question: would this have happened were Cooper white?
What (devious?) reason is behind the testing denial? The desire to defend local prosecutors? Fear of political embarrassment? Is there some legal quirk? Are personal friendships involved? Concerns that a deeper investigation into the process will further indict a state-wide (or national) justice system already known for generations of abuse?
1
Count me as someone who is requesting the testing you suggest. This is shameful as it stands.
1
I teach both U.S. History and a course on race in the criminal justice system at a high school in Los Angeles, and I have been using this case in my classroom now for several years in order to illustrate just how broken our system is. It is appalling. Thank you for this, Mr. Kristof (and for your earlier piece some years ago on Mr. Cooper). I just hope someone takes notice of this mockery.
1
The execution of an innocent person by the state is intolerable, but even worse is a system that puts him/her in that position to begin with. San Bernardino County apparently has such a system.
I suspect that Ms. Harris and Mr. Brown don't want to test the DNA because if Mr. Cooper is found innocent, every conviction earned by the San Bernardino DA's office will be brought into question. The case propounded by Mr. Kristoff, if true, would implicate both the DA and sheriff's office in corruption. Retrying all of those cases would be costly.
So it's that very corruption that shields this conviction. Inexcusable. Maybe if the county had to bear the cost of retrying all of those cases, it would be more careful in the future to hire honest public servants.
California voted to speed up executions, but while things ARE moving glacially, this IS why they move slowly, so we can doube-check out work. ALLOW THE TEST. This should be a no-brainer. Will call my governor right now and let him know. He's so smart and good on so many things that when he drops the ball, it is especially disappointing.
1
Kristoff makes a case that I think is to good.
If everything he wrote is true then there would be no question that Cooper is innocent.
Governor Brown is a very dedicated servant of the law and I thought someone you can trust.
If Kristoff has told us all the facts of the case it is hard to understand how Governor Brown would not stop this execution.
This makes me wonder.
Either Kristoff has left things out of this article or Brown is not the guy who I thought he is.
1
If you did some very basic research, as I am imploring the NYT readers to do, you would reach the conclusion that Kevin Cooper is indeed guilty.
2
People who want to keep the death penalty on the books for the clear-cut and worst-of-the-worst cases should be the first to demand at least a commutation for Cooper. It is cases like his that erode support for keeping the death penalty at all, and the continued push to execute even in dodgy cases is a compelling reason to ban the death penalty entirely, as we did in MA.
Another shocking example of a justice system that has lost all credibility not because of this tragic further example , but of the constant , continuing and far too many instances, examples, findings and ongoing displays of tampering, racism, bias , prejudice and unmitigated disdain for doing things professionally, correctly , right and with dispassionate justice backed by incontrovertible evidence and truth in a way that provides confidence in a system and the law that each conviction should comfort and every not guilty finding provide confidence of a system that works well and professionally without fear or favor.
But as time goes by and more and more is revealed, discovered, reinvestigated or found tainted, planted , suspicious or plain unbelievable we are forced to conclude that a way of determining and system designed to be impartial , fair and proud of, is nothing but a sham of what it is supposed to be, determined by the money available , race of the accused, the resources available to them, and the plainly the illegal and racist attitudes and behaviours of those who are supposed to protect the innocent and serve the law without cause or agenda but as upholders of the highest values,not the worst examples of human failings that has to many times been shown to have influenced the life of people innocent but unfortunate in the laws that can be broken and a system so able to be abused as the value of a life is demeaned and sacrificed so easily as so often are
Disgusting.
So where is Jerry Brown in all this? The Jesuit educated liberal Governor is divesting himself of every vestige of decency he has accumulated throughout his life. The same order of priests at the very same time educated me to live a just life and it is unimaginable that a man who felt a calling for the priesthood can betray those values in any manner let alone with this disregard.
Beyond marriage I cannot easily identify with any woman let alone Ms Harris, but the mother of our children would never countenance such injustice. If allowed to stand without question this will leave an ineraseable on both of them.
At this point I am ashamed to have supported either.
1
It is fine to share your thoughts and feelings here but action to discover the truth will only come from writing Gov. Brown and Sen Harris. Express your feeling and in my case, diminished support for them unless they are in the news pushing for truth and justice regarding Kevin Cooper. I reminded Sen. Harris and Gov. Brown that Donald Trump advocated for the death of the Central Park Five (he still claims their guilt). They too were framed by police and sentenced in the face of racism, politics and shame. Thankfully, courageous people got involved to overturn this societal shame.
1
Thanks to Mr. Kristof and contributors for exposing this travesty of justice. I have emailed Sen. Harris and Gov. Brown. Please fellow readers make sure you do the same!
1
Mr. Kristof, Thank you for this article. I doubt if I will ever forget this article all my life. Given the public sentiment towards non-whites, the only protection that I believe my two (adult) colored kids have is the objectivity of the justice system. However, when my kids were very little, I told them that whatever happens, they have to steer clear of law enforcement and stay “model” citizens who can be neither seen nor heard at a wrong place or wrong time. When my kids were little, at a time when other parents were reading (white) princess stories to kids, I read articles such as this to my children. I wondered all the time whether I was too cynical. Articles like this support the reason for the advice that we non-whites give to our sons and daughter. But each time I read an article like this, a little piece of my heart dies. I’m sure you know that where I live in Michigan, a 17 year old can be tried as an adult and sentenced to life in prison in an adult facility? Even if he or she is innocent.
1
On the basis of the facts given in the article there are only two logical conclusions: Kevin Cooper did it, maybe with the help of an accomplice he chose not to give away, or Copper was framed. Then again, why did the Sheriff´s Dept., under pressure to solve the case quickly, ignore a lead pointing to a good suspect, a convicted murderer, and actually destroyed the possible evidence involving the man? I could not come up with anything but that the S.D. was not willing to implicate this man or those who maybe stood behind him, for whatever reasons.
A shocking thought which was no allowed to enter the board 9 hours ago although it would be a perfectly reasonable deduction to be drawn from the facts presented, especially the police´s seeming indifference to the leads pointing to Mr. Lee.
1
I wish when one of these old investigators say "There's no doubt in my mind that he did it", the questioner would ask "Why not, given all of this other evidence?"
One of the problems with the criminal justice system, and possibly with Cooper's trial, is that often the defense is not permitted to offer alternative evidence that others have committed the crime, or do not have the resources to find such evidence.
Judges also do not willingly entertain charges of police and prosecutorial corruption. Thus, when a person is charged, alternative theories of who might else be responsible can withheld from the defense and the court, and the cops and the prosecutors are not held liable.
2
"Maybe in the grand scheme of things, the fate of one man on death row doesn’t seem so important; innumerable people die tragically every day. Yet we aspire to be a nation where we are all equal before the law, and if we execute a man in so flawed a case without even bothering to test the evidence rigorously, then a piece of our justice system dies along with Kevin Cooper."
Mr. Kristoff, thank you. This is so important. We must set a long-overdue precedent--inmates should not be executed if there is any evidence to suggest they are not guilty.
2
This certainly seems like a miscarriage of justice. But Harris and Brown are not the kind of people who make up excuses for law enforcement regardless of the circumstances, so there does seem to be a lot more to this than what is discussed in this article. It would be informative to understand why Harris and Brown are unwilling to have the DNA tests made. I suspect that it's not just political interests denying this man justice.
Since they both refuse to address their reasons, without further information one can only condemn them for obstructing justice.
8
Gov Brown's position is especially surprising in light of his own personal and political history. He was always a staunch opponent of the death penalty and more than once took serious political heat for it, notably with regard to his appointment of Rose Bird as Chief Justice of the California Supreme Court in the 1970s. Dating back even further, however, was the profound disagreement he ad with his father, then-Gov Pat Brown, over the 1960 execution of Caryl Chessman, a turning point in the history of the worldwide opposition to the death penalty. Pat Brown, despite his own opposition to the death penalty, allowed Chessman's execution to go forward, despite flaws in the prosecution's case and the dubious legal theory that allowed Chessman to be charged with a capital crime. (No one died during the crimes with which Chessman was charged.) The elder Brown's decision caused a rift between father and son and fueled Jerry Brown's early rejection of politics.
1
Yes, I well remember Pat Brown and Caryl Chessman, and the great outcry over that death sentence.
Pat Brown disgraced himself forever over that one.
But the recalcitrance of his son is inexplicable. If Cooper is executed without being tested, he will share the same shame as his father.
The Supreme Court literally says that newly discovered evidence of innocence is not reason to reconsider a capitol case.
I don't see how any American can accept that.
17
Where there is DNA evidence and a person is on death row, testing should be mandatory and the state should pay for it. No one is safe when criminals are enforcing the law.
11
There should be some process to mitigate seriously questionable death row cases. That this man may have been incarcerated for 35 years for no reason is unconscionable; that he may be put to death when there is the possibility of finding evidence that other(s) committed the crime is evil.
There must be a better way. Doing away with the death penalty would go a long way to salving the consciences of Americans. There will still be mistakes and incompetence in our judicial system, but it will not be as deadly.
7
In my haste to voice the outrage I feel with regard to both Senator Harris and Governor Brown I overlooked Mr Kristoff's contribution.
Mr Kristoff, you have invariably supported justice, fair play and humanity, and on behalf of our family I thank you.
8
If , as has been mentioned and shown, that a large number of professional and expert lawyers , Judges, including a panel of them and in an unprecedented ruling /determination a majority of them made...that Mr Cooper is innocent of what he was charged having done AND that there is a readily available DNA forensic test that could provide even further reason and proof of his innocence beyond all doubt (and will be paid for by the defendant even!)...HOW could a Governor or Attorney General not only refuse to allow the testing or any moves to reinvestigate or prove the conviction was wrong BUT ALSO not even give a reason why not or discuss the request at all?
What Country accepts or gives such power to elected officials to override evidence, opportunity to prove innocence and go against experts and professionals who are clear and have said that this man is innocent , can prove it but these officials can refuse them the opportunity and unbelievably, are not even required to give reason or provide a response at all.
A man could die for something he didnt do and these politicians can deny finding out or proving his innocence against the expertise of those who know far more and better than them, they can also refuse to say why they won't allow it or even respond at all!
Who gives the power of life or death on ANYONE who can refuse even the action required that could prove innocence and not even tell experts, the convicted or anyone why not.
In what Universe can this be allowed?
4
Dear Mr. Kristof,
Whether you're motivated by guilt, as you imply, or the imperative of justice, Godspeed and good job.
I wrote the Governor and signed the petition.
7
I cannot fathom how a correctional system can be considered just that
knowingly refuses to allow the pursuit of exculpatory evidence in a death penalty case. Innocence matters.
17
After the execution in Texas of a man convicted of killing his children through arson, I began to suspect that police and officers of courts manipulate evidence and other information in cases for political reasons and also deny or prohibit testing and the introduction of exculpatory evidence in order to preserve their versions of what happened. The Cooper case adds to my skepticism that we have in our country a fair and impartial judicial system at local, state, and national levels that ignores one's race, gender, age, or other personal characteristics and pursues strictly the physical and circumstantial clues in a case in order to reach conclusions supported by the facts in evidence.
We might as well revert back to the Salem witch trials of the 17th century of women and girls (and a few men) who were deemed to be possessed by the devil, though they more likely were suffering from ergot poisoning, having eaten tainted bread, flour, or dough. Are we still so benighted that we ignore the use of DNA testing to rule out or substantiate evidence that could exonerate Mr. Cooper?
It seems that top California politicians have their reputations to protect, and who is Mr. Cooper but a sorry example of a human being who was fated to become the target of a corrupt police theory of events, despite statements by several people that "three white men" had been at the murder scene and had driven the station wagon and had left bloody clothes and traces of blood in the car?
5
Excellent article! Please have a part 2 so we know what happened to Kevin.
Enjoyed the animations and the pictures which made the story very easy to understand and even more compelling.
1
Thank you Mr. Kristoff. I hope Brown and Harris will reconsider. This nightmare seems to happen too often in this country.
4
Thank you, Mr. Kristof, for your courageous work to expose this injustice, and thanks for our free press, which printed and published it for us. No one can deny that this case needs forensic testing which is available.
7
I hope everyone posting her and supporting the author's conclusions took 60 seconds to contact Gov Brown.
https://govapps.gov.ca.gov/gov39mail/
6
Senator Harris - get involved. Governor Brown, get involved.
If Sheriff Arpaio, Governor Greitens, and others too numerous and boring to mention can have their careers salvaged through whatever machinations,
this is a no-brainer.
Just do the right thing. Begin somewhere to restore any semblance of just functioning of the Criminal Justice System.
8
My letter to Gov. Brown:
Dear Governor Brown,
Because you are a hero to me for your refusal to bow to Pres Trump's immigration demands, I have trouble understanding why you refuse to allow advanced testing of the evidence in the 1983 Ryen murders. Actually there is nothing you can say that can justify your refusal.
Kevin Cooper should neither be executed nor kept in prison any longer without failproof DNA testing of the evidence that proves him guilty. Yes it will be a blot on the California justice system and cost the state a huge compensation if he is deemed wrongly convicted. But this is nothing compared to the blot that will forever stain your reputation if you do not do the right thing.
19
A very fine piece of journalism. To the authors -- thank you.
12
Seeing Kamala Harris in a whole different light now. She's crossed off my list of hopeful candidates for any public office. What a hypocrite!
12
This begs the question, is this the routine way "justice" works in America. Solve the crime by convicting a black guy and secure re-election. Do they even care who commits the crimes they hang people for?
11
If guilty of rape, he's done his time.
6
Well, that's not how it works. I assuredly don't want him to be executed, and I wrote to the governor and signed the petition. But I'd also like to know what that girl has to say now. He would need to be tried for the crime if she maintains it is true. That simply has nothing to do with the murders, where it seems pretty clear he was framed.
Do some simple research. He was not framed. He is guilty.
4
I often disagree with Kristof on issues of race and immigration (I lean conservative), but he and the data visualization team who put this together should get a Pulitzer for this. This is amazing coverage, and it makes my blood boil as I would think it should for any other American.
Hopefully Californians of conscience will see this, and burn the lines up at Brown's office, Harris' office, and the Trump DOJ to get them involved in stopping this derailment of justice. And don't laugh off that last part; it may seem Machiavellian, but Trump's DOJ would love to tarnish Harris ahead of 2020, and stick it to CA, and no matter one's political persuasion, Mr. Cooper seems worth a ruined politician or two.
And finally, this is why some of us are conservative. The government is very, very scary at times. They have guns, they have the "law," at the bottom of the stack their foot soldiers have job security and zero competition for the "services" they provide, and at the top they're led by people too ugly for Hollywood, too egotistical for business, too stupid for science and tech, too incurious for academia and journalism, and too indecent for regular crime. It's pretty much craven buffoons all around - from Trump and Roy Moore (and I support Trump, a necessary evil!), to people like Gov. Brown and Sen. Harris.
Don't doubt for a second that if one of our lives stood between them and a political win, that they wouldn't sacrifice us like it appears they're doing with Kevin Cooper.
8
A deeply disturbing story, and Mr. Kristoff, I think you should camp outside Jerry Brown's office until he sees you, and the NYT should pay for it. I'll never think of him in the same way. It's a shame on something like this that politicians have to be concerned about the police union support. To me, the most powerful piece of evidence was the account of the young boy. Why would he lie or be mistaken? Whatever happened to Josh Ryen?
11
I'm reminded of Steven Avery, profiled in Making a Murder, very likely framed for murder by WI police who feared his lawsuit for damages from a previous wrongful conviction would bankrupt them personally.
8
This is such an easy solution. Perform the testing. What harm will that do? A man's life is at stake.
15
Cooper was accused of violent rape on more than one occasion. Mr. Kristof excluded some pertinent information. He mentioned the alleged rape of a teenage girl. He does not mention that after the murders, Cooper fled to Mexico, befriended a couple and worked as a handyman on their boat. Authorities found him when he was accused of rape at knife-point by a friend of the couple. A quick google search leads to an archived 1983 NY Times article: "Suspect in California Slaying Capture After Rape on Boat."
Furthermore, there WAS DNA testing on much of the evidence in 2001, it did not exonerate Cooper. These are facts worth noting.
7
The one witness left alive testified that he saw more than one white men, and that he did not see a black man.
An eyewitness account is worth more than circumstantial evidence.
1
It is hard to believe that one man could overpower four people in a room
where two of them are parents who would fight to their deaths to protect
the children and encourage the children to run for their lives.
If Cooper were seeking to escape to Mexico, why not drive the Car down
to the border or across the border and abandon it ?
[ How does Cooper explain how he got to Mexico ? ]
It was never explained why California will not run the new DNA tests.
What are the circumstances of Josh Ryen saying it was 3 or more men
who attacked the family ? How many people heard him indicate how
many attackers there were ?
What are the cicumstances of Mr. Lee's - previous murder conviction ?
Why was he ever let out of prison ?
What is wrong with Governor Brown and Senator Harris ?
Who is harmed if there is a new DNA Test ?
When is there going to be a major overhaul of the
American "Lack" - of Justice system ?
14
Cooper was accused of violent rape on more than one occasion. Mr. Kristof excluded some pertinent information. He mentioned the alleged rape of a teenage girl. He does not mention that after the murders, Cooper fled to Mexico, befriended a couple and worked as a handyman on their boat. Authorities found him when he was accused of rape at knife-point by a friend of the couple. A quick google search leads to an archived 1983 NY Times article: "SUSPECT IN CALIFORNIA SLAYINGS CAPTURED AFTER RAPE ON BOAT."
Furthermore, there WAS DNA testing on much of the evidence in 2001, it did not exonerate Cooper. We can all google the specifics ourselves, since Mr. Kristof chose not to do so.
13
The specifics are all laid out in Judge Fletcher's law review article. Approximately five of the twenty-five pages Judge Fletcher wrote are devoted solely to Cooper's case. In particular, it appears that the DNA testing that was done in Cooper's case was deliberately doctored. Mr. Kristof provides a link to the article.
No one is suggesting that Cooper has not committed serious crimes. The issue is who committed this mass murder.
3
Thank you, Halboro of Cleveland. I wish more people would stop and think before mindlessly jumping on the "he is innocent" bandwagon.
4
Then why not allow testing again?
1
The most serious responsibility the state undertakes is the taking of a life. That we would not insist that every single solitary measure is taken to assure that we are correct in a person's guilty is a tragedy and a shame. Better yet, since humans make mistakes and death is forever, we should abandon the death penalty altogether.
60
This case highlights an insurmountable practical problem with the death penalty, even putting aside its sadistically anachronistic nature in the 21st century world. The price paid for having a death penalty as a matter of criminal justice policy is that because it is always imposed by fallible human beings, mistakes will inevitably be made and innocent people put to death by the state. This is an unspeakably heinous social policy (methodically executing innocent people). The ultimate question is whether the societal and political lust for blood vengeance outweighs killing one innocent person for every 100, or 200, or whatever statistic one comes up with, that are put to death. This case also illustrates the hypocrisy of the nominally progressive left wing of our political spectrum when it comes to criminal justice issues. The Bluest of Blue states are CA, OR and WA. They also all still have the death penalty, and CA voters just passed a more effective death penalty act (Prop 66). When this point is raised with some avowedly lefty residents, the response is often a variation of "Well, we have it but use it sparingly/The Governor says he won't use it for now," etc. It is not "Yes, that's terrible, it should be repealed." It is no small irony the best hope of finally abolishing this obscene practice of state sanctioned murder that is such an anomaly among modern civilized nations lies with a rightward leaning Supreme Court.
46
This is a very disturbing case and well presented. Missing is the conversation around the big old oak tables. If the system allows the testing then they will have to test everything on everyone, and not just murderers or death penalty cases. The "system" will not do that and can't really do it. The logic of testing extends to everyone, past and present, while we don't even process rape kits across the country. You say the defense will pay but actually that just emphasizes the jeopardy of other poor citizens who cannot afford that which dumps you right back where you started. People in charge of the systems will not open that can of worms after conviction, let alone before it.
21
Meta, that's a pretty lame argument you make. Just like this whole issue shouldn't be about about race, politics or not embarrassing law enforcement, it's also decidedly not about the incremental cost of running an additional test. After all, we're talking about a person's life here.
1
We incarcerate hundreds of thousands of people for non violent drug crimes, at enormous expense, but can't afford to process rape kits or DNA evidence.
Yeah, that's us.
I don't understand. One of the tremendous benefits of the advancing field of forensic science is that we now have the ability to help solve both cold and other very old cases; the FBI forensics team recently helped a museum determine the sex of a mummy's head by using DNA---4,000 year-old DNA recovered from the mummy's tooth, the very first time DNA that old and degraded had been used to date a mummy. One can only imagine that the reluctance to use that same technology to help exonerate someone who so glaringly may have been wrongly convicted is purely political. Would Governor Brown have to admit he could have been wrong? Would it mean a reexamination of other similar cases? He might have to apologize. If he feels the case was solid, you'd think he would welcome the ultimate validation--scientific. For the chance to possibly right so many wrongs with this case, we can thank the Court of Appeals for staying the execution with seconds to spare. Former Gov Schwarzenegger may be a lot of things but he should be commended for urging a thorough review of the case. I am beyond losing respect for Governor Brown. I am wondering just what kind of person can live with himself and sleep at night knowing what he has allowed to happen.
71
"I am beyond losing respect for Governor Brown. I am wondering just what kind of person can ... sleep at night knowing what he has allowed to happen."
There have been numerous opinions and articles written about this case in the 35 years since the murders happened. I strongly recommend that you read them before you cast stones at Governor Brown or anyone else. This article leaves out quite a bit.
The punishment of prison is one I will never forget. For those of us that have spent time behind bars for crimes we DID commit, it is an absolute travesty to hear about those that have had to wrongly endure incarceration. This is yet another heart wrenching story of a man in that situation. My heart goes out to him. Kudos to the Times for giving this article front and center placement on your homepage today. May he see his freedom before it's too late!
3
Setting aside everything else in this article, is there any reason why they shouldn't go ahead with the DNA testing, besides the political/electoral concerns of those who give the go-ahead? I'm asking this sincerely, because the political reason is the only one mentioned in the article. Also, it seems ridiculous that it's up to the Governor to decide.
For that matter, the way America elects sheriffs and judges is baffling to me. Judges and lawyers speak of their duties in tones of such purity and reverence, but electoral concerns are always on the line.
2
The hair being held by the daughter was cut on both ends (see the pictures included in the article). It was not pulled from the scalp, making it difficult to test.
Furthermore, DNA testing was conducted in 2001 when this case was appealed. It was inconclusive at best. The defense is arguing that there have been advancements in testing since then.
1
Baffling indeed. The atomisation of democracy beloved of America that sees police chiefs, coroners, prosecutors, court officials and judges all elected by "the people" leads too often to entrenched incompetence and worse.
No, Mr. Halboro. A federal judge familiar with this case suspects that key evidence, including the DNA test you mention, was deliberately doctored.
Ask any attorney who has ever practiced in federal court -- it is very unusual for a judge to state what Judge Fletcher has stated. I have never heard of anything quite like it happening before.
2
I don't believe that Governor Brown would deny a person justice just to protect his own ego. That is not how our governor works. I hope that his office will respond to this article with a clear explanation of their reasons to deny him this opportunity to prove his innocence using today's technology. I think Governor Brown is a good man, and I would like to hear what he has to say.
3
The Innocence Project is, by far, the most prominent organization fighting wrongful death sentences. It has freed a good number of its clients and has changed the way many think of the criminal justice system. The Innocence Project, at last check, has 356 clients. Kevin Cooper is not one of them. I would like to know why. No offense to Mr. Kristof, but I put a lot more faith in the judgment of the Innocence Project.
1
https://www.truthdig.com/articles/kevin-cooper-fights-for-his-innocence-...
If you review the documentation provided in this article, you will see that the Innocence Project has taken a stand in this case.
"Members of the Innocence Network—Including the Northern California Innocence Project, the California Innocence Project, the Loyola Project for the Innocent and the Innocence Project—have called on Governor Brown to issue Cooper a reprieve so that further investigation into Cooper’s case can be conducted."
2
It's not a competition.
Kristof has raised serious concerns.
That's irrelevant to what the Innocence Project thinks.
1
Great article! This was an amazing piece! I thoroughly enjoyed it from start to finish. Whether people believe it or not, we do have a failed justice system. This isn't the first time someone has been wrongly convicted and won't be the last, unfortunately. Solving the case has become more important than putting the guilty party behind bars.
3
A moving piece that I hope will make a real difference. Kudos to the design and interactive teams, whose beautiful work really adds to the piece in a thoughtful and illuminating way.
1
This last week I have been in the jury pool for a somewhat sensational murder ( rape, burglary, arson, cruelty to an animal) case.
The defendant has only a public defender. In a questionnaire we filled out before being called, we were asked if we thought the system was fair and if I trusted the police, law enforcement, etc.
I answered "possibly".
When I was called onto the jury, the judge asked me what I meant by that. I told him that while I felt that while there were certainly people in the courtroom who dedicated themselves to making the system fair,that not all defendants have the same resources and that the ideal, while worth working for, is often not achieved.
Shortly later the jury was empaneled (after 4 days and at least 40 rejects)
and I was in the first alternate seat. The prosecutor then asked me if, despite my reservations, I would be able to convict given evidence that proved guilt beyond a reasonable doubt.
I asked the prosecutor if the death penalty was on the table. He said
"The jurors in this case will not be involved in sentencing".
Minutes later I was excused by the prosecutor.
I felt a little bad about what I had said during the voir dire, not because I didn't believe it, but because I do feel we all have an obligation to participate and work to see to it that the system is fair to all.
However, having read this compelling piece by Nicholas Kristoff, I feel that it was right to express my misgivings .
2
Your being dismissed is clear evidence that the system is protecting its own faults.
Having doubts about the fairness of the system is a legitimate concern and ought not to disqualify a juror.
This is a perfect illustration of why we should not have the death penalty. Our justice system depends upon people and people are flawed; we commit errors, intentionally or not, cases such as this one are highly emotional, and the actors involved often have agendas. All of that is a recipe for wrongful convictions. The death penalty requires a degree of certainty in each conviction that is just not possible to attain. It must be abandoned.
Unfortunately many people also have the belief that the purpose of the CJ system is personal retribution, but really, the purpose is to protect the public from bad individuals. If we are convicting the wrong guy, we are not fulfilling the latter purpose.
6
Given the tremendous advance in DNA testing, it is beyond comprehension that CA would not use the latest DNA testing. I urge all to call Brown, Harris and all involved as i am going to do write now and urge that DNA testing be done.
Read "I'll be gone in the dark" to understand the advances in DNA evidence since this crime and what it can do. But, please call first.
3
Without having the opportunity to review the trial transcripts, and the written appellate opinions it is virtually impossible I think for anyone to reach a valid conclusion as to whether Mr. Cooper is being denied Justice and has been framed as you suggest in your article.
I, however, take issue with the underlying proposition that because the Governor Jerry Brown, and Senator Kamala Harris (former Attorney General of California) are considered "liberal," that this should have any bearing whatsoever on the outcome of Mr. Cooper's request for D.N.A. testing. Justice is neither "liberal" or "conservative" rather it is a quest for the truth. The t-shirt recovered, hatchet and hair found at the crime scene make D.N.A. relevant and material depending on the overall evidence submitted at trial. Of course, if these items were used to convict Cooper, then it would be a miscarriage of justice for a test not to be done. If they were not utilized to convict Mr. Cooper and/or would not lead to his exoneration, then doing the test would just be an exercise of futility. In any event whether or not those who are making the decision are "liberal" or "conservative," it is outside the realm of reason to even suggest it would have any effect when another human being's life is at stake, and there is no do-over after punishment has been imposed.
5
Great and troubling piece, the only sure thing is that there has been no justice in this case and that racial and class prejudices had prevail, lets hope that the Governor and California politicians come to terms to the facts and details described in this piece and allow forensic tests to be conducted in order to assure who was the culprit in this case and finally gave it a proper closure
1
Compare this story to that of the trial of OJ Simpson. His DNA from a bloody fingerprint was found near the victims but he was still acquitted by a jury. He was a football star so the police were in awe of him and did not bother to collect all evidence including his clothes. He was able to afford the best criminal defense lawyers money could buy. Justice in the United Sates is all about the money, nothing more. Cooper is right that justice is based on race but also classism.
11
With the information from this article, it is pretty easy to identify the Lee who may have been involved in the Ryens' murder.
An important story and what appears to be a gross miscarriage of justice for Mr. Cooper, but if you were trying to protect the anonymity of the other suspect (Lee), you could have left out key details about the murder that Lee was convicted of involvement in.
Also, the black slash across the eyes does NOT make him unrecognizable.
I have been an attorney licensed in California and New York for over 30 years. This is a grotesque and nightmarish miscarriage of justice. Governor Brown should be ashamed of himself and Senator Harris should be ashamed of herself.
18
Ms. Harris, your finest years may be still ahead of you. Mr. Brown, yours are almost certainly behind you. Please do not let your aversion to short-term unpredictability and upset drag you into doing something monstrous that will never leave you as long as you may live.
8
Shame on Jerry Brown and Kamala Harris for pretending to be progressive.
8
The overproduced nature of the way you display these stories makes it hard to read at work. Sorry if I've missed it, but you should offer an alternative reading format, where it's just an article. I don't need theatrics to understand the point.
11
Millennials don't read - they need simple animations.
1
Another reason why there should not be a death penalty. Why are we so pro-life before birth and then condone state-sanctioned murder? Let's get rid of that barbarian practice!
10
Capital punishment is barbaric, expensive, racist, and random. Ban it.
17
Sometimes what goes around comes around in strange ways. We are to believe that girl, aren't we, Nick? She never got justice. Perhaps Mr. Cooper is forced to trade her his...
3
I fail to see any meaningful difference between murdering an innocent person and allowing an innocent man to be executed when you've got the power to intervene. The results are the same. I simply expect way more from Governor Brown than I do a deranged killer.
8
Since I no longer live in California I'm not sure my voice would carry much weight with Governor Brown. Instead, I make a monthly contribution to the Innocence Project (www.innocenceproject.org). Their mission is to get DNA testing done that frequently exonerates the innocent on death row and then helps them receive appropriate compensation for time wrongly spent in prison. Please join me by contributing what you can- the imprisoned innocent need our help.
6
There is no mystery that America has 25% of the world's prisoners with 5 % of humans. There is no mystery that 40% of them are black while only 13% of Americans are black. Prison is the carefully carved colored exception to the 13th Amendments abolition of slavery and involuntary servitude.
Swe 'The New Jim Crow: Mass Incarceration in an Age of Colorblindness' by Michelle Alexander and 'Locking Up Our Own: Crime and Punishment in Black America' by James Foreman, Jr. and 'The Condemnation of Blackness; Race, Crime and the Making of Modern Urban America' by Khalil Gibran Muhammad.
2
By your own chart, less than half of incarcerated persons have committed an act of violence since 2000.
Untrue. The majority of those in prison are in for non-violent crimes.
Less than 50% of prisoners have been convicted of violent crimes.
https://felonvoting.procon.org/view.resource.php?resourceID=004339
1
Unless Jerry Brown is interviewed on this issue we only know half the facts which makes it a non-story.
5
---Uh...NO! We know that an apparently...probably innocent man is about to be put to death for a crime that he was likely framed for, by...POLICE! Brown's input, should it come, changes none of that. These things get politicized. Not a comfortable place for a no-longer-young man's life to be held in balance.
2
"As for Brown, he has not responded in the two years since the petition was filed, and he refused to be interviewed. His spokesman, Gareth Lacy, told me that the petition 'remains under review.' Brown leaves office in January, and I think he is running out the clock."
"half the facts"? "non-story"? Where do you get any of that? What on earth are you talking about?
3
So all Gov. Brown has to do is refuse to talk about it, and it's a non-story? Not for Mr. Cooper, who may soon again be a 'dead man walking'...
Being on death row in California is the safest place in the world a person can exist while living a long healthy life.
5
Two politicians, Kamala Harris and Gov. Brown, who are held in high esteem by a majority of voters in California, seem to be playing 'politician' to protect their own legacies. It's deplorable and just another sign that the political class, both left and right are, well, deplorable.
4
Justice is a never ending search. We hope that our system delivers justice but we know that because we are human there will be cases where justice will be denied and injustice reigns.
Nick's story shines a floodlight into the darkness.
Sheriffs are the weakest link in our system. Election by shear popularity and not by professionalism clearly happens. In my state there is clear evidence of Sheriffs inheriting their positions: The Sheriff resigns before the end of their term and their hand picked chief deputy assumes the position and runs as an incumbent. As we all know, incumbents rarely lose.
Law enforcement must be professional. The vast majority of law officers are dedicated professionals and we owe them our gratitude and respect.
Those that frame suspects and violate the law deserve the harshest punishment available.
3
As Bryan Stevenson, founder of the Equal Justice Initiative, has said, "...a system that treats you better if you’re rich and guilty than if you’re poor and innocent doesn’t meet up to what a society committed to equal justice requires."
It's all about justice, and whether Mr. Cooper is innocent or guilty, it certainly does not appear that justice is being served in this case.
122
As for Brown's claim that there are no innocent people on California's death row, one innocent man, Vicente Benavides, was released just last month, in another case that involved prosecutors presenting false evidence.
https://www.innocenceproject.org/vicente-benavides-to-be-freed-after-25-...
10
This beggars belief. The collusion of cops, prosecutors, and pols over decades, evidently subverting justice for no reason other than political expediency.
In all these cases of mis- and/or malfeasance, I just can't begin to understand those who aid and abet the perversion of justice. If there is even a chance that DNA testing could provide some answers, who on earth could be opposed to it?
Might the actual killers be walking free while one man with an Afro languishes on death row for 35 years?! Why not find out?
3
Cooper probably wouldn't be the first innocent man executed relatively recently in California.
In 1998, Thomas Martin Thompson was executed for the rape and murder of Ginger Fleishli. As Mr. Thompson's prison caseworker, I reviewed his case thoroughly several times and came away baffled as to how a jury found him guilty. I attended every execution in California since 1992, but Thompson's case is the one I wasn't able to shake. Following his execution, the presiding judge also stated he believed California may have executed an innocent man.
14
The NYT deserves applause for providing the space for this report.
Good work, Kristof, Ma and Thompson.
I hope they keep the pressure on Brown.
Crooked cops and prosecutors are poison whatever the jurisdiction.
6
I don’t blame Jerry for his decision. For years as a public servant of California his vow has been to uphold its Law. The last thing his conscience will allow him to do is undermine it by helping to reveal it for what it really is. That’s why Nicolas Kristof was put on this earth. Either a Governor or a Jesuit, you can’t be both at the same time. Two different realms, you know.
2
The news that the California Police Lie on the Stand, when under oath, is not something that is new. We have a few very public cases, such as the People of California v O.J. Simpson case whose court transcripts of LA County Lt. Van Hatter, and Detective Mark Thurman's testimonies which reveal that they lied, but in particular Mark Thurman. Both looked great on the stand. Their words were different.
I am ashamed of the Clique that is composed of our leading, well to do, photogenic, and oh so really cool, elected officials. I am ashamed and very disappointed that Kamala Harris did nothing with the case.
I live in California, now near the Capitol. The leading democrats shoo away people like me as if I am somehow substandard to them. They never thank me for turning out to events, which they are not responsible for, and IT IS NOT ALL ABOUT THEM. They never seem to thank anyone.
We the voters who gave our confidence to Jerry Brown, and we get this kind of injustice?
I will tell you what the deal is. Jerry does not want to be unpopular for even one second with California voters or the general public. He can boast that he was the Major of Oakland and dealt with crime, He can boast that he was the AG of California and boasted he prosecuted crime. But really, he is one of the Police Brethren, and is not looking out for the innocents in jail.
That generalization he made about all those on death row not being innocent of the crime to which he or she is accused, wow.
3
This is prima facie affirmation that racism is alive and well in these United States! I can't even find the words to express my disdain for our Kafkaesque criminal justice system and someone like Mr. Cooper manages to remain sane under these circumstances.
We have come far, and yet have far to go before our nation truly embodies the principles set forth in our constitution. How is it possible that so many supposedly decent politicians can turn their back on Mr. Cooper's predicament? Even "unconscionable" doesn't adequately capture this debacle.
These spurious convictions will continue until there are tangible repercussions for corrupt law enforcement officers and prosecutors who dissemble and fabricate evidence, or hide exculpatory evidence, in order to win convictions. At the moment there are virtually no repercussions, especially for prosecutors, which means they cannot be held accountable. How can we claim to have the greatest justice system on Earth when we can't even hold government officials accountable?
Aren't we Americans better than this?
2
No.
Justice is blind. And not in the "good" way.
2
This is a story that needed to be told. But its impact is somewhat impaired by a distinctly hysterical tone. For example, the reader doesn't need to be told before knowing anything about the case that it reflects a "broken justice system". I had no trouble coming to that conclusion myself. In short, many readers are primarily interested in what happened rather than how the reporter feels about it.
The author "spoke to innumerable people". I doubt that it was really impossible to count them and in fact the number could have been reported if it matters. As stated, it is just hyperventilation. The implication that Kamela Harris showed bias toward a black suspect (a "black man" vs a "beautiful white family") is of major interest, given that she herself is a person of color and a presidential aspirant. Once suggested, it needs to be pursued in that light.
How does the author know that the deputies "thought [Cooper] looked suitably evil?" How would the newspapers know that the reports from investigators that they carried, and thereby demonstrated their own racism and homophobia, were false? What else should they have reported when no questions had been raised?
If the reporter betrayed any of his passion when he approached people involved in the case, it is not surprising that some of them refused to talk to him.
A writing teacher once commented to me: "Don't let your lyricism get in the way of your point." Good advice for all of us.
1
Although you perhaps may not regard the distinction as important here, the author of this article is not a "reporter," he is a columnist, and this piece is explicitly labeled as "opinion." Impassioned advocacy is appropriate here. Kristof is calling out Jerry Brown. Whether this piece of journalism proves to be effective advocacy, well, we'll have to see.
It's certainly easy enough to imagine that the people who refused to talk to Kristof would be suspicious of any journalist at this late date, especially one from the NYT, passionate or not. To pursue the implication of Harris's bias is, at this point, tangential to this story, and to the effort to right this wrong. Your questions are fair enough, your criticisms I think not.
4
A dispassionate account of this case would not be true to the writer's feelings about it.
He is convinced that there is reasonable doubt of Cooper's guilt, and wants to impress upon the reader the depth of his conviction.
He is arguing like an attorney for Cooper, which in an opinion piece is appropriate.
Disgusting that both an innocent man was wrongfully convicted and still in prison 35 year later and that men who committed this horrific crimes were never punished for their horrific actions.
1
We read or hear about a similar story every week now as various Innocence Projects work their magic. Someone innocent gets ensnared by our criminal justice systems and is convicted, despite their innocence, due to investigative and prosecutorial misconduct, often through the use of false, even fabricated or perjured evidence; or exculpating evidence deliberately withheld from the defense.
Too many innocent people are wrongfully convicted and incarcerated because of such misconduct, and every conviction overturned on appeal results in a multi-million dollar payout -- settlements -- taxpayer financed. And each further discredits an already deeply discredited and distrusted system of justice. By state officials' logic it's better for an innocent man to be executed rather than be exonerated and freed.
1
What's misleading here is that no one on "death row" in California has been executed for many years, and there is a cottage industry in the state of legal specialists who know full well not only how to appeal and block executions, but that the penalty is never and will never be carried out on anyone. It seems convincing that Cooper did not commit these murders and should be freed. But recall that he was arrested after a woman told police he was the one who sexually assaulted her in Santa Barbara, but that case was never pursued after he was charged in the Ryen family murders.
2
This is an incredibly compelling piece of writing and the conclusion of this article is inescapably correct. Do the DNA tests. If they bear out Mr. Kristof's theory and the evidence was indeed fabricated, then this column will have saved an innocent life. That is a powerful testament to the good that credible news organizations can play in an era a where they are routinely maligned.
I imagine the statute of limitations has long since expired on perjury or obstruction of justice charges. If Cooper was indeed framed, it would be difficult to prosecute those who framed him on those grounds. But what about attempted murder? If you lie and manipulate the justice system to have an innocent man execute, is that any different than one who attempts to kill through more direct means? If these sheriffs did indeed frame an innocent man, they need to pay the price. A precedent cannot be established that the justice system can be manipulated to get a conviction without punishment, even if law enforcement ardently believes that the conviction is justified.
While I would hope Jerry Brown at least commutes the sentence from death to life so there's time to reconsider all the evidence, I wish the NYT had a more objective article to balance the advocacy op-ed.
It's not just that Kristof's passion has led to wrong conclusions on occasion. I am also suspicious when Kirsten Gillibrand's favorite paper criticizes so speculatively one of her rivals for higher office.
1
The man is on death row, put there as a result of questionable evidence. All the cards are in favor of the status quo, which needs no further advocacy.
What do you suggest — that there is a legitimate reason to refuse the appeal for up-to-date testing and reconsideration of the evidence that was irresponsible discarded?
I've known Cooper was innocent since the day the survivor said it was white men who attacked his family. Blind belief in the system is not justifiable.
123
The little boy did not say that at all. Please do some research before blindly believing in this guilty criminal.
3
As if a child could not distinguish between a pink and a brown skin.
How many times?… Just finished reading Beneath A Ruthless Sun about a frame-up that sounds all too familiar. As long as we have fragile humans in positions of power (and aren’t we all), there should be no death penalties. How many times?
1
While Collins does not seem to be an angel, at this point, I'm interested in Accuracy - run the DNA - with observers from both sides present. It is not fun to have "unsolved murders" and if the DNA exonerates Collins - it will be back to "unsolved" and for me that is better than inaccuracy.
Interesting - he would have been safer in prison!
“I blame myself first and foremost, for walking out of Chino prison, for letting those people get their hands on me,” he said. “I regret that every day of my life.”
I have followed this case from its inception. I srongly believe in Kevin Cooper's innocence. This case is a strong indictment of the US system. Many Americans falsely believe in the in the infallability of the US criminal "justice" system. The reality is that it is shot through with profound racisim and misconduct by law enforcement and prosecutors. Testilying is very rampant.
3
'162 innocents have been executed' makes me sick, and I am not against
capital punishment, but shame on our flawed judiciary for not utilizing every tool
available.
49
"'162 innocents have been executed' makes me sick, and I am not against
capital punishment" - I just can't parse that. I just can't see how the two halves of the sentence can possibly make sense together.
1
It's the reason so many of us ARE against it.
If you follow the embedded link you will find that the 162 were not executed but rather released from custody.
1
Thank you, Nicholas Kristof and The New York Times, for this very compelling piece of investigative reportage. Blocking DNA testing in this case is incomprehensible. I hope that all who are shocked by the facts set out in this account will vocally advocate for DNA testing and will hold Brown and Harris accountable.
Thank you NYTs and Nicholas Kristoff. This article brings my faith back in a free and informative press. We have to care more about the poor, our police and judicial system, and our elective representatives. It is a crime that Mr. Cooper has been wrongly convicted. It is a heinous murder if he is executed.
What is always disturbing about cases like these is that not only an innocent man being executed, but the real guilty person gets off and may go on to kill others. Please explain to me how "having the back" the police in cases like these protects us?
1
If Mr. Cooper is innocent and was wrongfully convicted it means that the real culprits (the three white suspects or whoever) have got away with it. And they got away with it with the full acquiescence of the justice system indifferent to truth and justice . . .
1
I'm appalled that the governor of my state is unwilling to allow a test that would not cost California. We must come down on the side of justice.
1
The commentators here seem to be overwhelmingly in agreement with Kristof.
Perhaps they should do as I have done and read all of the court opinions in the California Supreme Court and 9th Circuit Court of Appeals which have upheld Kevin Coopers unanimous conviction by a jury of twelve to the very end of the appeal process.
7
If I am not mistaken (I haven't read the court opinions) court opinions rarely look at the actual investigation itself. Being courts they are usually confined to and focus on legal issues, rules and procedures, and legal doctrines. The issue, raised by Kristof, pertains to malfeasance by the Sheriff's Department . . .
3
All based on questionable evidence. The EDT is it?? That preservative that is in blood collection tubes being in his blood on the shirt and then there being someone else blood commingled with his in the test tube his blood was held in! Come one man how blind are you?! Anyway that preservative being present alone is reasonable doubt. And there are reams of reasonable doubt listed here in the article. Someone was putting the fix in and appeals judges are only allowed to rule based on the assumption that the court and the prosecution are honest and the evidence presented in the case, or new evidence presented to them. I suspect knowing California for the secret hub of Conservatism that it is, that these judges believe in the fallacy that a convicted person availing themselves of their rights fully are intentionally gumming up the system to mess with it. The idea that someone convicted might actually be innocent never enters the Conservative mind. that word has magical powers over otherwise smart and decent people.
That is nonsense. All the tired arguments Kristof is dragging back into this story have been disproven ad nauseum. The DNA WAS tested and Cooper lost.
READ THE TRIAL TRANSCRIPT! COOPER IS GUILTY AS CHARGED!
3
This is unspeakably wrong.
I have just now lost all my considerable respect for both Gov Brown and Kamala Harris. Since when are these people afraid of finding out the truth when it can save an innocent person's life?
No amount of other good deeds will atone for letting him be executed without first conducting the DNA test that could clear him with the truth.
3
Unfortunately, we can't trust Kristof to tell more than one side of a story. How many convictions for burglary? Five? Six? Sooner or later, someone's home when you break in. Why was the convict in and how did he escape from a Pennsylvania mental hospital? Did he call his girlfriend from that location of the murder at the time of the murders? Kristof mentions none of that.
And how exactly would this DNA evidence "exonerate" him? The courts have specifically stated that DNA evidence would not exonerate this convict. Both Harris and Brown pretty trustworthy, liberal, politicians They both reviewed this case.
Given Kristof's multiple, completely one-sided attacks on Woody Allen, I just can't believe anything he writes has any balance at all.
6
One of the saddest story I have ever read... I applaude the journalist. Mr Brown, by not letting a DNA testing on the convict demonstrates collusion with the officers that falsely convicted Mr. Cooper. Sad and scary.
1
Like others in this forum I have contacted both Senators Feinsitein and Harris, Lt Gov. Newsome, and Governor Jerry Brown. I was on hold forever with the AG.
If Mr. Cooper is guilty so be it, but I can't fathom why we as a society would proceed with a state sanctioned death when there is ANY doubt whatsoever about the guilt of the person who will be put to death.
The representative at the Gov. office said they are a bit baffled as to why the column implies he has the authority to do anything, they say he does not.
The death penalty is flawed, but if all available DNA testing, and other testing is done I have a much greater level of comfort with it, even though I would generally prefer to see it go away.
5
I wrote to Gov Brown, Attorney General and to Senator Kamala Harris. I hope that they do the right thing.
I also recommend the book "Just Mercy" by Mr Brian Stevenson which talks in detail about this exact issue. Thank you NYTimes for covering this important issue.
8
Thank you, Nicholas Kristoff, et. al. for a brilliant piece of investigative journalism. We will watch and see if the wheels of justice turn towards truth.
Why Governor Brown and former California Attorney General Kamala Harris stood in the way of DNA testing boggles my mind. Especially Governor Brown with the priestly training which should have better sharpened his judgement.
AG
Calgary, Canada
5
Gov. Jerry Brown was a Jesuit novice in a former life time and he was to become a Catholic priest before going into politics. The Jesuits have often publicly argued their case against the death penalty. The majority of them are firmly against it. Brown should reconnect with his former self and allow the DNA testing. Killing an innocent man would be a travesty of justice.
8
---Thank you, Mr. Kristof, and, special thanks to the people working pro bono on this case, for the purpose of achieving...Justice. This order of miscarriage of the legal process is beyond belief and acceptance. Hopefully Governor Brown will do the right thing, and, at very least, agree to the advanced DNA procedure that could shed light...truth, justice, on this likely corruption of the legal process. When even one person is wrongly convicted due to tainted evidence, motivation's, process, the whole system is de-legitimized. This must not stand.
6
Law enforcement personnel who were involved in this case should have been held accountable (years ago) for their obvious mishandling of an investigation and their outright lies regarding evidence. I am disappointed in Kamala Harris. I am shocked at Governor Brown - his lack of enlightenment in view of the evidence/facts (scrutinized by premier legal minds) related to this case demonstrates he is too old to serve anymore (and, in the past, I have always been a supporter of Governor Brown). The declaration by Brown that no prisoner on death row is innocent is very dangerous. I just wonder what all of these individuals who hold Coopers life in theirs hands have to fear from a simple advanced DNA test. Surely, in maintaining law and order there is room for seeking truth.
3
It's obvious the more advanced DNA testing should be ordered without delay. It is mind-boggling that it has not already been performed.
7
Governor Brown has no reasonable excuse for refusing to allow advanced DNA testing of the evidence. If Mr. Cooper is innocent, the tests will establish that, but the same tests may establish that he is indeed innocent.
Better that one guilty man walk free than that one innocent man is executed, we say. Let us prove that with this case.
10
People who live in the San Francisco Bay Area, and follow non-mainstream news as well on Governor Brown, Senators Harris, Feinstein and other public officials know they are all self-serving lifetime politicians. They style themselves as "liberal," and I don't even know what that word means anymore, in reality the difference between them and the late departed Center right GOP politicians are so minuscule that they can be confused with each other.
Their only reason for existence is to get and be in political power and will do anything they can to not make waves.
I won't bother to list their political history but it is there if one bothers to do a few minutes research. They spend public money like, well, only unaccountable public officials can do, make political decisions that will advance their careers and avoid or suppress anything that gets in their way to political advancement.
I have never voted for any of them and will never do so. Thank you Nick Kristof for your exemplary and brave coverage, I'll do my little bit to help this cause along.
12
As to the author's question, "What’s your argument for refusing to allow testing?" The answer is quite possibly the concern for a cascading effect - an undoing of other convictions, most of which are likely legitimate, because they were handled by the same investigators (see: Louis Scarcella in Brooklyn).
13
If other people were framed by the same bad actors, then the people they framed should go free. That should be welcomed rather than feared. Yes, it would cause a lot of work. Nonetheless, it's the right thing to do.
14
This is simply an unconscionable position sir. We should never be OK with one innocent person giving up their liberty or life, even if it means a 1000 guilty people go free.
5
That risk does not justify the imprisonment and execution of someone who may be innocent.
1
This is so upsetting so disturbing.
What I really don't understand is the unwillingness of Governor Brown and Kamala Harris to do everything in their power to use the most advanced testing to make sure that the right person is being held accountable for these heinous crimes?
It is remarkable that two people who I consider such liberal progressives, in one of the most progressive states in our country, can be so unmoved to get to the bottom of this.
What are they afraid of?
74
American criminal justice is founded on a philosophy recognizing human fallibility in searching for truth. William Blackstone gave us its credo: “All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer.”
This grounding is why guilt must be established by proof free of reasonable doubt. If we must adhere to that high burden to convict, how much more important is it that we be free from doubt when exacting punishment by taking a life?
15
The passion and the evidence are compelling but I wince at the indictments of Ms. Harris and Mr. Brown, both of whom have consistent reputations as honest brokers. Why they did not respond to Mr. Kristof's inquiries, I can't imagine, especially since both have publicly opposed and voted against the death penalty.
I also wonder at Mr. Kristof's reporting. I remember well his support for the Iraq War up until the moment the first bombs were dropped in 2003, when he suddenly realized what he'd done. That left me suspect of the rigor of his reporting.
These are holes to be filled in this story. I look for follow-ups from all parties involved.
6
There are Habeus Corpus organizations, legal ones, working for many innocent incarcerated men (generally) in SF for the entire California. I think Mr. Kristof is correct.
Jerry Brown has shunned new housing, delayed to correct his errors to construct more highways (we need them), taken valuable funds for housing from the ever most frail and disabled, and done zero to advance women's rights in the workplace and housing. He rarely makes any appearance about proposals for new solutions that would benefit all Californians and beyond.
Kamala was not known as a tough prosecutor. I don't know why she did not have any time to review this case.
Both are snobs.
1
Abject Cowardice based in their fears of losing an election because someone convinces others of something that causes them to vote for another by using the fact of them actually doing something rational with the authority they were given by the people who assumed this sort of question is a no brainer.
Why isn't framing an accused person for murder, and subjecting them to a "death penalty", also considered as a crime of "murder" or "attempted murder", by using the justice system itself as a weapon?
Well it is a crime, and it is committed "under the color of law".
It's difficult to understand a refusal to test direct evidence in any case, that is if justice is really the paramount interest. The embarrassment of public officials is not a legitimate interest in the alternative.
Public Officials who refuse to allow testing of evidence that can exonerate people accused or convicted of crimes, are themselves committing an obstruction of justice, at a minimum.
33
William Blackstone, an eminent 18th century jurist, wrote, "It is better that ten guilty persons escape than that one innocent suffer."
Even if one rejects that position, it should certainly be preferred to its opposite. Unfortunately, too many Americans are content to live with the opposite. They have no compassion for the suffering of innocents at the hands of the criminal justice system as they are convinced that 'me and mine' have nothing to fear from that system no matter how dysfunctional if not downright corrupt it may be. In fact, given how easily our fear-buttons can be pushed, locking more of "them" up (guilty or not) makes 'me and mine' safe.
13
Jerry Brown is too busy shoring up sanctuary cities and welcoming illegals into Cali to be bothered with exonerating an American citizen, a black man, of murders of which he clearly did not commit.
5
Cali is a city in Colombia.
3
You neglected to tell where and how cooper was arrested. On a boat off the coast of so. Cal after he raped and abused the owners of a local sailboat that allowed him to crew for them. Although your report cast doubt on his role in the murders- He’s no innocent angel.
7
If your information is correct (Was Cooper charged and convicted of the sailboat crimes?), that would make Cooper the perfect person to be framed by police for another heinous crime. This article isn't just about executing a man for a crime he didn't commit, its about ignoring criminal conduct by police, abuse of power by police, and allowing 3 other vicious criminals to go unpunished.
1
Toward the end of the article Kristoff says that he believes a woman who claims that Cooper raped her within a few years plus or minus of his arrest for the murders described. So you needn't have pointed out to us that Cooper was "no innocent angel."
1
Nobody's saying he's an innocent angel...but it's clear that he didn't kill those four people. He wasn't convicted of rape which makes your statement irrelevant to this topic.
3
Wow! I don't know how the people who convicted and are about to execute or allow the execution of this man, can live with themselves! They would rather let the real killers live free, roam the streets and likely kill some more, than admit that they were wrong! It's appalling! It's horrible!
7
Taken back by both Harris and Brown, let’s have a retrial
2
Not sure I want to vote for Kamala Harris if she runs for national office. Tough Hillary did not appeal to me either...and shame on Jerry Brown and all the rest, including the California voters.. (three strikes you're out law -- good for the prison industry and stockholders!! otherwise, stupid.. Three strikes and you will go and participate harvesting crops law -- in CA that would make sense. Service to society and give compenstation.
How this case got Kristoff's attention I do not know but it is very worthy.
8
Not all of us supported the three strikes and you're out law, and we voted to modify it in 2012 to make it less severe.
2
The 3 strikes law has to be adopted or rejected by the Counties. It has changed since it was first voted in as a proposition, not as a legislated law.
Interesting - watching Kamala get hung out to dry by the progressivista...
Now that they've mauled her into self-mauling any centrist credibility with lines and tones of questioning that make her look even more pseudo than the persons sitting to either side...
All that's missing is an alt-left Grover Norquist to whom all of these progressive plebes could pledge perpetual patriotism to persevere toward the complete and utter repudiation of inequality, in all its satanic guises..
Hey look…
http://time.com/90109/this-is-the-one-thing-the-right-and-left-are-worki...
“…Joan Blades is co-founder MoveOn.org and LivingRoomConversations.org. Grover Norquist is president of Americans for Tax Reform…
This Internet has everything…But I digress…
Still like her book - and still hate assault weapons...So, for a brief time...
Anyway - perhaps Jerry Brown in 2020...
After all...
Eighty-two is the new seventy-seven - at least in California...
In California politics - that which does not kill you makes you older...
Kamala Harris in 2044, if she's - and we’re - still around...
1
This is absolutely sickening, and more proof that we are a rich and technologically advanced but, socially backwards nation.
Why is “testilying” so prevalent? Why are Blacks three times more likely than whites to be executed for similar crimes? Why are Blacks so routinely and casually mistreated?
Governor Brown can’t heal all of the nation’s wrongs, but he needs to do some genuine soul-searching. What can he possibly lose by allowing new testing??
17
My view is that Police witness attorneys in court doing all kinds of things, to get their clients either free from a conviction or reduced conviction and punishment. I think that the Police become corrupted by the Court, unintentionally. It is one big club - police, sheriff, deputy sheriff, and judges, clerks, and attorneys, prosecutors.
3
For every innocent person on death row there is a murderer walking the streets. Put the egos in the kitchen 'junk drawer' and do what is morally, ethically and legally correct.
16
What is your point? What do you advocate? 14 recommends for this? Strange.
I'm sure if Gov. Brown was in the cage, and about to be murdered by the state, the test would be going on right now..
16
You convinced me.
7
Its things like this that just leave me speechless. An entire family is slaughtered. The killers are set free, but some poor black person is framed and sent to death row to make every body happy. I would normally say America should be ashamed. Sadly, it probably isn't. Not one bit.
14
Governor Brown - stop being a clown! California is a liberal state. Allow DNA tests to free an innocent man!
14
This is America !
6
No justice in the USA for minorities especially African Americans. HORRIBLE.
5
Is the petition working for others? I got a 'captcha message is down' message and couldn't submit.
1
dirty cops, incompetent defense and cowardly politicians makes sense and is compelling as a general defense and meets the threshold for an indefinite stay of execution and further investigation. excellent article.
14
Deconflate:
1. If US capital convictions found to be 20% mistaken – morality aside, something needs to change
2. Is Cooper a landmark example of such mistake - or are two sides talking past each other
3. In giving one side, what’s Nick's/NYT's onus to give crux of the other...They do this superbly - some of the time
On change...
https://www.nytimes.com/2004/01/11/nyregion/killer-s-lawyers-seek-to-rai...
So - would think a complete arc of incontrovertible circumstantial evidence...But - the narrative spin...
"...if you're going to take somebody else's life, you need to be convinced to a moral certainty...
i.e. folks more concerned with rules of evidence, than evidence...Someone can choose not to believe or admit an incontrovertible video record...
re #2...
http://articles.latimes.com/2004/jan/31/local/me-cooper31
"...Cooper, 46, admits that he broke out of a minimum security area of the Chino state prison on June 2, 1983, and that he spent two nights in an unoccupied house near the Ryens' home...
"...Cooper has maintained that he hitchhiked out of the area...June 4, and that he was not involved in the killings...
"...However, police found prints of prison-issue shoes inside the Ryen home and on a spa cover...They also found a rope with Douglas Ryen's blood in the neighbor's house where Cooper had been hiding...
Prosecutors and press long and like weaponized selective omission – and use to kill wantonly...
It's a living...
1
Three men who were capable of brutally murdering defenseless children have been walking free for decades and a petty criminal has been in jail awaiting death. "This is America"
15
This should put an end to any talk of Kamala Harris for President. Absolutely disgraceful!!
18
What is wrong with Brown, and how many other stories are like this?
8
I am an appellate public defender, and I deal with cases like this every day. Thank you for shining a light on our intolerably brutal system. Many people seem to believe that Democratic governors and attorneys general are somehow better on criminal justice issues than their Republican counterparts. Not true. In my state of Massachusetts, liberal hero AG Maura Healey (not to mention her predecessors) continue to downplay and coverup the horrific abuses that have dogged the state crimes lab for years. No politician wants to be seen as soft on crime. Until we have a real come to Jesus reckoning about how faulty our system of identifying the guilty party is, we are all at fault for these atrocities.
18
This is what lynching looks like in the 21st century.
16
Anyone on death row (or in prison for murder or other serious crimes) should get the full benefit of up to date forensic analysis that has a chance to exonerate them.
The governor blocking this is outrageous. He is using his office to deny justice and that is criminal, in my opinion.
This case is highly tainted: the article alleges that the Sheriff was given evidence which was immediately discarded. That is considered the destruction of exculpatory evidence. The Sheriff has thus (allegedly) destroyed evidence resulting in a death conviction of a probably innocent man. Isn't that itself murder?
Brown better get his head out of his butt.
13
Send tweets to BROWN and HARRIS. I did. They claim to be moral compasses, advocates for Civil Rights. What kind of advocate would deny a simple DNA test to a man in prison for over 30 years? This is a travesty of justice we see WAY too often.
10
they hate calls. You can write them a letter, with a postage stamp on it.
One paragraph on one page.
One letter equals 1000 emails in the political campaign world.
2
I was reading this article with my mouth wide open in complete shock. I found myself actually gasping out loud and speaking to my computer scream in utter disgust. They have to do something, anything. I'm contacting the Govs office right now, we should all do the same.
10
The obvious and blatant one-sidedness of this article, the obvious advocacy tells me right off that they aren't telling the whole story. This is designed for outrage, not truth, ironic for a story demanding truth.
And, no surprise - there is more than one side. Whaddya know. You really think that all these people, the Innocence project, so on and so forth ignored ALL of this? Never take one side - even a highly reputable side - as the whole story, always look for the details. And when you smell this much advocacy and inexplicable outrageous behavior - that's when you start digging because that's where there's likely a lot of missing data.
3
You can stop reading the article at the point where the Sheriff allegedly threw out exculpatory evidence. That's all you need to know that this case stinks and deserves scrutiny.
What HARM is there in doing the DNA tests. At worst it won't prove a thing.
At best it will exonerate someone who was wrongfully prosecuted and save him from the death penalty - and allow him to sue the government as well...
8
What's the other side to the obvious fact that a small 145 lb man could kill two competent and physically fit gun users, gun ready, adults who were bigger than he? What's the other side to the obvious facts that more than one person committed the murder and that witnesses identified WHITE MEN, plural, with regard to the scene of the crime?
If you want to ignore all the evidence of guilt, you can believe Kevin Cooper is innocent. The California Supreme Court, on the other hand, looked at the overwhelming evidence of guilt in upholding Cooper's conviction. As that court eloquently noted:
"It is utterly unreasonable to suppose that by coincidence, some hypothetical real killer chose this night and this locale to kill; that he entered the Lease house just after defendant left to retrieve the murder weapons, leaving the hatchet sheath in the bedroom defendant used; that he returned to the Lease house to shower; that he drove the Ryen station wagon in the same direction defendant used on his way to Mexico; and that he happened to wear prison issue tennis shoes like those of defendant, happened to have defendant's blood type, happened to have hair like defendant's, happened to roll cigarettes with the same distinctive prison issue tobacco, and so forth. Defendant sought to discredit or minimize each of these items of evidence, but the sheer volume and consistency of the evidence is overwhelming. . . ."
4
Motivation? No - the police discovered hairs from white men, not an African American.
2
Seriously? Cash was left on the counter in the home. Burglary was not the motive. Witnesses saw three white people driving in the Ryen station wagon but the police never followed up. This is at best a botched investigation and at worst a deliberate cover up with planting of evidence.
3
When police plant evidence even a guilty-as-charged defendant cannot be justly convicted. Police and prosecutorial misconduct must never be rewarded. If any of "the overwhelming evidence of guilt" was intentionally bogus, it nullifies the Supreme Court's analysis anyway, by creating "reasonable doubt."
1
Bravo, Nick. The story you tell offers so many lessons. (So do the astoundingly hateful responses--see the petition you link us to--in their way.) Nothing less than fairness in America is at stake here.
It's hard to understand why Ms. Harris and Gov. Brown would not even allow advanced DNA testing. In a case with so much documented malfeasance, not to allow this testing--paid for by the defense!--is unconscionable. If Gov. Brown continues to stonewall, and offers no coherent rationale for not allowing it, his legacy goes in the tank, as far as I'm concerned.
If the testing is done and Mr. Cooper is somehow exonerated, I hope you'll get involved in punishing those who framed him.
11
This is one of the most compelling arguments I have heard yet against the death penalty. There is absolutely no excuse for continuing this arbitrary, archaic, deeply flawed and utterly cruel policy. The evidence against its legitimacy is overwhelming.
My fellow Americans: who have we become? Where is our reverence for life? We kill with reckless abandon, and as the song says, we "justify it in the end."
I love my country and my countrymen, but I am broken hearted at how cruel we allow ourselves to be.
23
I am really disappointed in Governor Brown's dogmatic attitude. This will cost the state nothing except getting to the truth. If truth terrifies the sate of California, then there is no rule of law.
20
Fine piece of true journalism - when we do not stand up against this refusal to examine the system, then we are all at risk.
16
Anyone who knows the criminal justice system isn't surprised by this. Brown and Harris are culpable. I guess that I'm a "Never Harris" Democrat after this, and the Democrats wonder why people vote for Trump.
18
This is an outrageous miscarriage of justice I can't imagine why Gov. Brown won't allow the testing. It just boggles the mind.
19
because it the results exonerated the man on Death row, it would be an embarrassment to the entire (HUGE) state of California's police system. Jerry isn't great pals with the police but it is clear he won't go against them, on any matter.
1
If she plans to run for President, Kamala Harris had better get on the stick and do something about this egregious situation.
21
She is now a U.S. Senator. She has.no discretion to or DNA tests
"What to do" is a question that stands out in this compelling story of a potentially severe miscarriage of justice. But has Niclas Krostoff never heard of Project Innocence (which, of course has a California branch). This world renowned organization pioneered the exoneration of innocent prisoners, based on DNA evidence and continues its work using advanced DNA testing of the kind sought for here. Many of their case histories (which have strong elements in common with Copper's) involve petitions to do DNA testing in the face of strong resistance from local authorities, with exoneration following years of dedicated work to overcome this resistance.
Hard to believe Nicolas Christoff - or Coopers other defenders - have not heard of this organization...and yet there is no mention of it in this article. Have Cooper and his defenders not thought of contacting Project Innocence? Or have they contacted it and found that the Project has been unwilling to take up Cooper's case ?
So to the question "What is to be done"? cries out for the answer "Approach Project Innocence." or "Please explain if - and why - an approach to the Project has been unavailing?"
6
You make too many assumptions. Mr Cooper has good advocates and the money to pay for the tests he is using the same courts and procedures they would. If they were asked and his case met whatever parameters they have, (It isn't a strict guilt/innocence question) they probably said no because they wouldn't do anything different.
2
Dr. F, I suggest you go back and re-read the article. Gov. Brown will NOT ALLOW further DNA testing so there's nothing that Project Innocence or Cooper's defense team can do. The only thing that may save Cooper is to keep this travesty in the public spotlight and to shame the governor with petitions.
8
I make no assumptions...only ask questions; on the other hand, you assume that Cooper's lawyer's are as effective as Project Innocence would be and/or Project Innocence would do nothing different....assumptions for which there is no evidence.
Thank you Nick, and the New York Times, for investigating this story. Perhaps you are writing from an advocacy perspective; however, why doesn't governor Brown allow the DNA testing? This is quite perplexing. What exactly does he have to lose? I read a profile article about him in the New Yorker recently. How can someone who considered the priesthood possibly not want to protect a plausible innocent life? I would love to hear governor Brown's justification for denying Mr. Cooper that right.
18
Great story. How can such foolish behavior by police be condoned?
Who determined that this was going to be shown in a manner that makes it difficult to read? Not the pictures, but the dark text in certain places.
7
My great respect for Jerry Brown has crashed. The least I can do is tell him that in writing.
13
Just emailed and will later call Kamala Harris and Jerry Brown--I encourage everyone to do the same. Let's flood their voicemails--this is shameful and unconscionable--a man's life is on the line.
17
Their aides, all democratic elected officials will never listen to their voice mails. You have to write to them a very simple letter and sign it with your signature in blue ink. Write what you think and what you would like them to do.
1
Tremendous piece of journalism. Gov. Brown needs to step up -- or this man's blood will be on him.
15
Test the DNA. It is ridiculous not to do so.
20
And the cops wonder why we hate and fear them?
21
What's more important to America? The truth or the Law? What a laugh. Sand does not wish to hear the truth from lapping waves.
11
I was speechless after reading this. Now i am not. Brown and Harris I will not forget your names, Especially you Senator Harris. You will never get my vote. Do you two understand that it is entirely possible you have three men who committed this violent crime on the loose and by allowing this you are endangering the lives of the people of California? Why are you not allowing further DNA testing? Perhaps you two are the ones who should be in prison. Shame on both of you.
Thank you Nicholas Kristoff and the NYTimes for publishing this article.
31
To execute an innocent man is equivalent to murder. The political structure of California has capitulated to the police lobby and shocks the conscience. My respect for California's leadership just disappeared...a sad day for Democrats wanting change. Perhaps the next murder charge should be filed against the politicians.
17
You said it best - capitulated to the police lobby.
Interesting story. Interesting that California will not here evidence that will acquit this man, fee him from prison, but allows killers like Garcia Zarate to go free.
5
You do realize that each case is an entity to itself don't you?
The republicans haven't quite yet made us into a government by fiat.
1
And with the BEST criminal defense anyone could have. That's the difference.
I support capital punishment in cases that call for it (killing of cops, or particularly heinous/depraved crimes). This case is one of them. But the killer needs to pay for his own crime, not an innocent man.
Brown should have the DNA tested.
5
What I find truly disturbing about this case, other than Mr. Coopers framing, is that it is so completely believable and ordinary. This is what the police and prosecutors do, everyday. If you see one cockroach, there are thousands. If you think this is an isolated case, you are naive to say the least. It is shameful and I do not know how these people sleep at night. They probably sleep soundly, which is even more disturbing.
16
Governor Brown...you are supposed to be a man of religious conviction (and we believe you are). Allow Kevin Cooper a fair and accurate analysis of the evidence and let your conscience be your guide.
16
Brown is merely protecting Kamala Harris...Why? Politics. Brown needs to put that aside, step up and intervene. The testing should be expedited. Brown can then leave office and Kamala Harris can run for POTUS....
8
IT IS A POLITICAL CLIQUE.
At the center are Diane Feinstein and Jerry Brown. Kamala is another link on the necklace that composes so-called politically progressive politics in California.
I have been a friend of the Hughes family for 60+ years. And remain surprised at the number of efforts to overturn the verdict against Mr. Cooper. The author presses on some issues - but fails to mention others. Mr. Cooper's DNA was found in the house. So the arguments of all the evidence, including DNA, was planted by the police? What about the phone call Mr. Cooper made from inside the house on that date near the time of the murders, to his then girlfriend in Philadelphia? That call's end-points, start and length of time, were confirmed. He has also failed polygraph tests. And lost an earlier decision to previously unused DNA. But this article seems to avoid several issues like these. Were the judges and juries of all the trials and appeals hoodwinked? There have been multiple reviews of this case with several leaders, including Governors, who have publicly stated, "overwhelming evidence." Finally, shame on the NYT for all the graphics involved in this piece. Black print on white - well written showing pros and cons - are more professional journalism standards. This was nothing more than a highly-biased, PR debacle, that also reopens wounds in the victims families.
11
DNA in the house could be planted -- but the telephone call from inside? That's an issue that must be addressed.
Polygraphs are inadmissible for a reason - they are unreliable.
3
If you truly are a friend of the Hughes family, why are you against doing a simple DNA test? If he is guilty it will show it. Are you really okay with the chance that the real murderers of your friend's family members may still be out there roaming the streets?
Perhaps the real fear you have is that the tests will prove this man is innocent?
6
Taking your claim of knowing the Hughes at face value, thank you for sharing your input. However, I still can't make sense of the seeming absence of motive for Cooper to slaughter this family and then while having no money to leave cash that was laying out in the open. Why in God's name didn't the authorities test the coveralls? I would like to know more about the telephone call that you cited since that seems very important. You may make some valid points, but there are still many people with standing in law enforcement who absolutely decry clear flaws in this case's handling. The bottom line is that all relevant evidence should be tested, and it shouldn't be up to prosecutorial gamesmanship whether all the available evidence is examined. This is exactly what is wrong with the Adnan Syed case, and it's inexcusable.
10
California is not the paradise it is hailed to be by progressives and yogis all over. Just ask people of color.
4
Of course it isn't paradise it is the birthplace of the most evil thing to come into the world since Nazism and Communism, the second one of which they suspiciously emulate in how they operate, the "Conservative movement" and it's patron saint ronny reagan.
4
Why bother hiding his name? Two seconds of googling shows that the prime suspect is Lee Furrow.
10
I am shocked that Governor Brown and Senator Harris are refusing a DNA test to reveal the truth in this case. They are obviously afraid of the truth and all it would mean but too bad-they must do the right thing. I hope this article forces them to do so.
13
Thank you for this article - it is a reminder of how tenuous the justice system is, particularly for minorities and the poor. It is also sad to see that the egos of Jerry Brown and Kamela Harris will not allow them to support a retrial or apply new technology to evidence given all the evidence that has been described.
If nothing else, this article is another support for the elimination of the death penalty.
6
Agreed. Except, even if the framed man will be released due to some change of heart on stubborn Harris and Brown, his life has been wrecked beyond repair.
8
Mr. Kristoff, thank you so much for writing this article and sharing this story. I'm very disappointed in Gov. Brown, Kamala Harris, Dianne Feinstein, & Gavin Newsom, people who I respect.
I cannot understand why so many people are so willing to believe police no matter what, or what kind of monsters would frame an innocent man, leaving the real killers free to roam the streets, just to advance their own careers. I'm having a hard time believing that America has any soul, I'm losing faith in my country and its people.
20
Corrupt or criminal law enforcement officers are unfortunately not unheard of. What is disconcerting about this case is the bizarre inaction of Governor Brown and Attorney General Harris, as it appears to fly in the face of both logic and the law. What happened the constitutionally mandated separation of powers? How does it come about that elected officials have the authority to decide on a purely technical matter, such as DNA testing, in the first place? Is this not exclusively a matter for the courts? One would normally expect a state judge - any state judge - to step in and order the DNA tests. Failing that, why has a federal judge not stepped in - or, for that matter, the Supreme Court?
3
The execution by the state of any individual, innocent or not, is wrong. Imo the wrongness of taking human life for any reason cannot be rationalized away. Study after study has shown that the death penalty does not deter any kind of crime, including murder.
When will this nation finally move away from grossly antiquated beliefs that only serve to rationalize brutal inhumane behavior? Behavior that is racist, classist, and gendered.
3
Are there no crimes that deserve the death penalty? Would you keep Hitler alive? Nobody would, if they had any clue. It's not antiquated to say the state must decide on criminal penalties, it the duty of the public to make important choices that are hard but essential.
1
The state is often mistaken and has hanged innocent people despite the best of intentions, and sometimes because of criminals who commit their crimes within the judicial system that supposedly metes out justice. What makes the state exempt from laws that define murdering someone as illegal? In fact, the state has far more responsibility to first do no harm because it has far greater power to do evil, as well as good. Whether Hitler, Stalin or Mao is held up as the example of pure evil, recall first that the evil they did was sanctioned and carried out through a state apparatus--since without such powerful regimes they could have never murdered millions of people. Therefore, the evil you allude to by pointing to one evil person, Hitler, ignores the very fulcrum of the problem--the state should not enable murdering under any leader.
1
Excellent article, and I'm thoroughly convinced.
Small thing: you might want to censor Lee's name out of the pic of his girlfriend's statement if you're trying to keep his last name a secret.
As has been stated, this is simply reprehensible, and reflects very badly on both Mr. Brown and Ms Harris. Unfortunately, the petition linked at the end of the article cannot be signed due to a glitch with the "capture" thing.
3
And of course the real killers were not arrested. What are the odds that their predations have left a long wake of other victims over the decades. Criminal injustice for one is an injustice for all. When their is law enforcement corruption, we are all victims.
1
Atoning for failing to do what should have been done for Cameron Todd Willingham may make Kristof feel better, but the man is still long dead and was convicted on flawed, outdated 'evidence'.
Cooper's case should be thoroughly re-examined and Brown is remiss in not doing so.
How long must we persist in our blood lust? It is of little merit to point to the 162 death row inmates who were exonerated. How many executed (and therefore murdered) by the state were innocent? We'll never know.
Stop capital punishment NOW.
6
This article highlights the usual suspects in a case such as this: the public pressure to get a quick arrest in the case of a horrible crime, racism, assumptions of evil for those with a troubled past, and the importance of having money when snared by the legal system. But there is also something else at work here.
Writing in the FBI Bulletin in 2012, retired cold-case investigator Everett Doolittle called it "the disease of certainty." Quite simply, investigators, prosecutors and others involved in the case come to believe that they have the right guy. It is not so much that they are knowingly attempting to frame someone they know is innocent but that they are doggedly working to secure a just result against someone they KNOW is guilty. If evidence is lacking, it must be created - not from a desire to frame the innocent but to convict the guilty - or at least someone they KNOW is guilty. Except sometimes investigators and prosecutors are wrong, as we all are. The disease of certainty precludes them from admitting or even considering this possibility.
3
Another case of liberal activists trying to free a person convicted with overwhelming evidence. How do they do that? pretend that the evidence is planted or tampered with. Among the claims here is that the presence of EDTA proves that the blood evidence was planted - note true. EDTA is a common compound found in hand creams, laundry detergents, and other everyday products. It could show up in the test if the T-shirt had ever come in contact with any of these products. The mere presence of EDTA would be inconclusive with respect to tampering because it could show up for reasons completely unrelated to the police lab. During the OJ Simpson trial, EDTA testing was a highly contentious issue because of its inability to show the origin of any EDTA contaminants. Since EDTA testing can neither exonerate nor inculpate Cooper, it serves no purpose. Does any reasonable person believe that Jerry Brown and Kamala Harris would be complicit in the cover up of a wronfully convicted black man? That notion is beyond absurd.
3
I am a reasonable person and I believe that there's something very wrong with the 'overwhelming evidence'. Ask yourself...why not test the DNA?
It does in fact exonerate as it causes reasonable doubt.
Do you reall think that Jerry Brown and Kamala Harris are part of a coverup?
1
It is perfectly reasonable, right and just to use any available scientifically validated tools now at hand to answer the 'blood evidence' question in this and any similar case.
Just look at the cost effectiveness of this approach vs years and years of incarceration and performing an execution, should you require yet another reason.
Of course,beneficial side effects include:
1. Saving an innocent man's life should the further testing eventually contribute toward establishing his innocence.
2. Ensuring that the Governor and State Prosecutors should enjoy a peaceful conscience, at least related to Mr. Cooper's situation.
The real tragedy in this account is that the original investigation failed everyone including the citizenship of California in not conducting an ethical investigation allowing for the capture and prosecution of the other named suspect. Justice truly not served, for anyone.
1
I don't understand why anyone familiar with the case would be opposed to DNA testing. Shame on Brown and Harris; they must be protecting something.
The simple solution is to make it a death penalty offense to testily and for a false prosecution. That way these bums whom it is assumed are motivated to do the right thing and are given all the benefits intended by innocent until proven guilty for the accused will have skin in the game to actually do the right thing.
The named politicians refusal to do the right thing here is unambiguously abject cowardice.
I no longer support Ms Harris or Mr Brown for anything as its clear to me the good they have done was done only because they believed they were safe to do and not done because they were right regardless of the fallout.
1
We cannot allow a man to lose his life because an elected official is afraid of losing face.
2
Unless and until, very large news organisations and not just NY Times, gang up together and absolutely ridicule the sheriff's department, and put maximum pressure on the entire state of California to correct this NOTHING will happen. The problem with law enforcement in this country is that they think they can do anything they like and whatever they say or do is the right thing. In this case an innocent man might see the gas chamber.
The courts are corrupt, the police is corrupt, and they hide behind ridiculous rules without regard for truth or justice.
I am a Democrat, but if Kamala Harris ever runs for national office, I will not vote for her. I will, in fact, actively work against her. This case shows that she is not a person with a shred of humanity or integrity. There is no reason to deny the DNA testing.
8
I doubt she will run and she cannot win. I like many things about her but she is too divisive to go national.
It's downright outrageous how our fare and just judicial system frames a blatantly innocent man for murder. Outrageous how the judicial system once praised for its fairness and just principals turns evil. How a country once known for its freedoms and democratic ideals turns evil. It seems almost that a new rule has rised, one that is despised by most. One that most people are secretly supporters of through their stances on American politics. Dictatorship has rised.
2
I'm 71 years old now and have been a devoted voter all these years - I know that our nation has immense problems with racism and corruption in our political system - this is not New News to me. What is different now, after all these years for the first time I've gotten to the point where I don't even know who or what to place my faith in.
Now more than ever we need the devotion to truth and the investigation by our nation's newspapers and journalist to tell the American people the truth and facts of what happens in our country.
10
Mr. Kristoff and colleagues, thank you for sharing this compelling and sickening story. Another example of a deeply broken and flawed judicial system.
In this particular case there are two scandals. The first: the officials in the police force and undoubtedly also in the prosecution who either did an incredibly lousy job during the investigation or (though innocent until proven guilty) actively framed an innocent person.
The true scandal though is the inability or, worse, unwillingness of the judicial system to responsibly and effectively deal with this case (well, stopping the execution at the last moment at least was a beginning).
That Gov. Brown and Sen. Kamala Harris have not supported efforts to employ new DNA technology in this case is quite shocking. If they have a good reason for doing that they should say so and explain.
You suggest writing to Gov. Brown and signing a petition. I would like to suggest to also writing to Sen. Harris. She should go on record and either explain why she was opposed as AG to open the case again or she should start to actively support those efforts. She should not be allowed to sit this one out.
She is being mentioned as one of the presidential hopefuls if not in 2020 perhaps in 2024. It should be pointed out to her that they way she chooses to handle the case of Mr. Cooper might well become a skeleton (hopefully not literally) in her closet.
259
'He is a politician' Reverend Jeremiah A. Wright, Jr. on Presidential candidate Senator Barack Obama.
Jerry Brown and Kamala Harris are politicians.
I agree completely. I voted for Brown four times and Sen. Harris twice. I would consider Harris as a choice for the Dem. nomination in 2020. But her future actions with regard to his case would be be decisive in my considerations. I cannot support her if she continues to oppose a new, more advanced DNA test.
Might I simply suggest you compare this case in Senator Harris' closet to what the current incumbent of that high office turns out to have in HIS. I'd bet a bundle that she'd produce her tax records.
I don't understand how we can claim justice prevails when using DNA to arrest a man 30 years after his crimes are committed and pat ourselves on the back for a job well done, while this man just needs the tests to clarify his case (for good or for bad). Our state deserves better.
10
You can bet if there was a sneaky way to ferret out this info that also broke down our right to privacy they would have done it ASAP.
In a word, horrifying. The fate of the Ryen family was truly terrible, and who would not wish that something could have been done to avert their tragedy? In Kevin Cooper's case, however, it seems that plenty could be done to prevent another death, and it is frustrating - and absurd - to read of the stubborn obstacles in place that often have nothing to do with justice, but only with bureaucratic procedures that often seem, in the end, to be just face-saving measures. Although the first tragedy was unable to be prevented, if something that turns out to be a travesty of justice happens in front of our eyes, it feels like we are all a party to it.
3
THIS... is why I pay for the NYT.
Well done, and masterful use of the tools available for web designers at this point in time... props to the visual media people who created this amazing journey through this story.
25
95% of all executions are in six countries: China, Iran, Saudi Arabia, Pakistan, Iraq and... the United States of America. This, in itself, is horrifying and the fact that killings are still going on when there is even the slightest doubt about guilt is beyond belief for any rational group of people. Now we learn that the Constitution itself, which guarantees justice, is now meaningless. What has happened to our country?
15
We had achieved a moratorium on the death penalty but one of reagan's evil deeds was to get the death made legal again after a concerted propaganda campaign. Other than religion the fantasy of murdering someone for a crime "they" committed is a main pillar of republican fantasy land America.
Hopefully, this is not a case of race, politics or avoiding embarrassment to law enforcement taking precedence over justice. But I have my doubts! As for Senator Harris, if she doesn't come clean about this and still hopes to run for President, then as they say in Brooklyn .... fuggetaboutit!
15
Tweet Harris and Brown...of course it is racist, classist!
It's the sickening police unions and partrolmen associations that throw their weight around and cower the politicians.
Can't we independently raise the money to do the test? I'd contribute.
2
Money is not the issue. The defense will pay for the test, the state in the person of the persons named refuses to allow it.
1
According to the article, the defense has the money. apparently Gov Brown and former AG Kamala Harris have refused to allow the test. I am a liberal and I think highly of both Brown and Harris, but this really makes me question that opinion. WHY would you not allow such a test? I assume it's because every action sets a precedent. How is that equivalent to a man being executed for a crime he may not have committed???
2
The money is already available. It is being provided by the defense.
This isn't a question of money being needed, but 'permission' to do the test. Gov. Brown and Senator Harris are the only roadblock here.
1
A shocking disgrace that DNA tests haven't been allowed in this capital case.
Clearly, in the service of justice, testing should be performed upon request ALWAYS; whether the results are exculpatory can be adjudicated later.
However, Kristof's piece, as written. is troubing in relating none of the evidence -- zero -- presented against Cooper. in a case presented here as saturated with hideous racial bias, this is a serious lacuna, and suggests its own bias: distrust of the reader.
96
He did present the evidence that was miraculously found after the initial crime scene processing to place him at the crime scene and how he became associated with the crime because he was hiding in the abandoned home near the crime scene. What else do you imagine there is? Everything else would have been the prosecutors story telling skills at spinning a tale the racist crowd wanted to hear.
10
In my reading of the article, Mr. Kristof did present the evidence against Mr. Cooper, but it turns out that evidence was all planted.
11
DNA tests were done, post-conviction on several items of evidence. This was not exculpatory but instead confirmed that the jury got it right in the first instance.
3
The focus of this article should include why Jerry Brown "is refusing to allow advanced DNA testing that might finally resolve the question of who committed the murders, ..."
Not digging into that raises more issues including very much that Gov. Brown must be convinced that the real killer is rightfully behind bars. As such, a one sided, thus incomplete, article.
5
The mind boggles at the horror of this crime and I commend Mr. Kristof for his exacting work and exhausting efforts in detailing it.
Looking at the number of wounds on the line drawings of the four victims it is impossible to believe that that much damage could have been inflicted by one single person. Let alone the fact that he might have been a raving maniac even Manson had help. The Ryens were strong, healthy,and in the prime of their lives and must have put up quite a fight against that one assailant. How did the Prosecuting Attorney explain that fact and how did the jury buy it?
Some answers, please.
15
Bad defense attorney
There goes any interest I had in Kamala Harris as a presidential nominee.
And any respect I ever had for Jerry Brown.
How do these people sleep?
15
Our state's (CA) resources are diverted all the time by GUILTY killers, who like to gum up the system with trivial complaints. Local law enforcement isn't funded enough, nor do they hire techs as regularly as necessary and DNA kits go untested for YEARS.
Rather than build enough institutions to reduce public risk (mental hospitals, jails), and house criminals...they are loose on the streets. Meanwhile Gov. Brown bribed other office holders with immense amounts of money, to vote for his gas tax and bloated high speed rail project.
Lots of waste, going on in CA.
Sometimes the media makes it sound like there is a vacuum cleaner going around sucking up innocent people for jail.
Cooper is not 'innocent'. He's a lifelong ne're do well that made a convenient, if clumsy scapegoat. Who would care about him?
No it's not justice.
But considering how soft CA is on law breakers of all kinds, especially illegal immigrants, incompetence in this regard of never bringing these mass killers to justice, is another cog in the corruption wheel of CA justice.
What a wonderful piece about such a sad story. Representative of a gold standard of journalism that is difficult to find these days. Thank you!
14
ditto - amazing use of internet media tools to explain this story.
1
This is exactly what Bryan Stevenson wrote about in his book "Just Mercy". He and the Equal Justice Initiative based in Montgomery, AL are primary advocates and activists for rendering the abhorrent condition of our unjust justice system when it comes to those who are often conveniently incarcerated or who simply cannot afford adequate representation. I would think that at least California, who leads in many ways, would be more involved in advocating and insuring justice. Is it just not convenient for them to run a simple DNA test when it's a matter of life and death? That doesn't sound like California. I'm saddened that it sounds like something any state would allow. But they do.
20
Great story! This is why America has a free press. Keep up the excellent work.
64
Fabricating evidence is as American as apple pie. Whether it is to bolster the conviction rate or start a war fabricating evidence is as American as apple pie. The rich and powerful except under special circumstances are able to buy justice,congressman,and influence as easily as selecting the color of a new car.
19
There is no reason to deny the performance of these tests.
18
I'm not sure the 'touch DNA' test the author wants is a good idea. It has a high rate of false-positives and may end up hurting Cooper's case. If evidence from Cooper was stored or handled alongside evidence from the actual killers, it could cause some of Cooper's DNA to end up in incriminating places. It need not be much -- just a few skin cells -- and this test could doom Cooper's defense.
What I don't understand is why the evidence presented in this article wasn't enough to get a new trial, at the very least. There should be no need for dodgy new tests to free this man.
44
In this case, Ms Harris and Mr. Brown are consumed by their own egos and reputations.
Would those reputations not be enhanced by allowing the righting a wrong and a display of mercy?
How lacking in compassion the two are to forbid, at no expense to the state, scientific tests that might exonerate Mr. Cooper. And identify the actual killers.
Their lack of compassion for the victims may be allowing the actual murders to enjoy their lives in freedom and escape any reckoning.
We see what happens when we have a sovereign who has no compassion for their subjects. Ms. Harris is unfit for her office, and any others based on lack of compassion and foresight.
I have followed this case and it exemplifies the frailty and fragility of humankind, and why the death penalty is dead wrong.
63
Tweet/write Harris and Brown
Harris and Brown have to answer for this "crime."
Kamala Harris’ disregard of this case is particularly disheartening given her rising progressive stardom. Hopefully the appearance of this piece on the NYT front page will help motivate some of these politicians and justice officials into doing the right thing for Mr. Cooper and the families involved. What excellent journalism.
130
What is there to lose? Do the tests, let the system follow up with due process available thanks to modern technology. If Cooper is innocent it will play out as such, if there is evidence that he is guilty it will be revealed. The evidence and pursuit of this case by so many experts seems to say he has been framed and wrongly convicted. If he is not given a chance to prove his innocence with modern forensics as others have it is the legal system that suffers, for being morally bereft when it has a obvious opportunity to seek truth with no risk to itself.
32
It will be a shame on our justice system if we cannot use the technology available today to find the truth and save a man that may be innocent. Stubborn attitude of the Governor is playing with the life of a man, I am surprised that Supreme Court is not intervening in such cases and allowing injustice to be carried on in our first world progressive and democratic country.
Mr Governor, please give a chance for justice to be served here, and if after the re-investigation by an independent agency, Cooper is still guilty, at least everyone will know that justice was served correctly.
51
Mr. Kristoff and the editors of the New York Times are to be commended for dedicating the resources (this time) to this egregious miscarriage of justice. The direct appeal to the elected official - tearing down of the fourth wall - is especially poignant. We are to hope that those words hit their mark, and result in the necessary DNA analysis.
159
Mr. Cooper is alive.
Mike Brown, Tamir Rice, Philando CastIle, Rekia Boyd, Amadou Diallo, Timothy Russell, Malissa Williams, Lequan McDonald and Walter Scott are all dead.
Justice? Or just us?
Reprehensible. But what's new with the criminal justice system - money and power most always tips the scales, without it the accused has little chance of a fair trial. There needs to be a change. There needs to be a law that allows defense attorneys to demand DNA testing. It's crazy to leave it up to people whose career and character and legacy is on the line if DNA proves the perpetrator is not the one incarcerated. Too much room for corruption. The death penalty is barbaric and should be outlawed, even one person wrongly convicted is a crime against humanity, and we know of many, and even for those who are for the death penalty in cases like this it is nothing more than premeditated murder. It makes mockery of justice.
One would have thought the justice system would do everything in their power to find the real criminals who get to wander free, but no, a conviction advances a career, wraps up a case, saves the state money, get headlines, and in cases like this it perpetuates a negative stereotype of the poor and minorities – is that more important than justice, it would seem to be so.
28
Racism and classism are clearly the biggest drivers of inequity in the criminal justice system. However, the rules of practice perpetuate the problem: elected sheriffs and prosecutors who seek political victory over truth, as well as the win or lose competitive nature of the system.
I am sure this was a difficult article to investigate and write, and I think it's interesting that Mr. Kristof admits that his motivation is partly to atone for not pushing the issue on a previous case which was proven too late. I hope the NYT has the power it seems to believe it has, and that this article makes its way to Gov. Brown's conscience. It's possible that it won't. However, we need journalists to keep up the pressure. Along with brilliant pieces like This American Life's "Serial" and Jay-Z's "Time, the Kalief Browder Story" (and all the other journalism produced about that particular travesty), these stories have value, even if only incremental. We need to keep reminding ourselves that the criminal justice system in America (and the dealth penalty in particular) is fundamentally flawed and morally corrupt. We need to look back at this system someday and think of it as we do the Salem Witch Trials, or lynchings, or the Inquisition. We need to know how badly we need to improve, so thanks for writing this.
106
Very well said: thank you Gloria and THANK YOU NYT & MR KRISTOF
3
Wow! If the evidence is as portrayed in this article, not only Mr. Lee but a whole lot of people deserve to be in jail. How is it even possible that the authorities have the right to refuse DNA testing? I feel sick after reading this.
203
The Founding Father's intended that black people be enslaved.
The 13th Amendment makes prison the exception to the abolition of slavery and involuntary servitude.
The worst part is Governor Brown speaking out for immigrants in the same news cycle that he is shown to ignore the injustice so thoroughly investigated here. Also, Kamala Harris' silence is deafening. They cannot run and hide from this anymore! And they are supposed to be the "good guys" vis a vis social justice!
60
I have written about a number of cold cases in Florida; none were solved because LE would create a theory early on and in spite of evidence remain locked into an erroneous position. Basically once LE gets locked into a position, they will rarely budge even in the face of actual innocence. We do not have a justice system; we have a legal system. I support the death penalty but you have to get the facts straight and convict the right person. Even if you don't care about an innocent defendant being convicted, you should care that a killer is out there, free to strike again. The beauty of this case for the actual killers is that if Cooper is executed, they will be home free because the state of CA will never admit their error.
26
'' LE would create a theory early on and in spite of evidence remain locked into an erroneous position.''
How can you support a death penalty when you admit the LE gets the facts wrong, convicts and innocent man, and wants to go foreword with his murder?
11
At the very least this case looks dodgy. Further investigation is warranted. What possible reason could a politician have for refusing a simple test that could say, categorically, that this man could not have been the killer? Those who deny justice are just as culpable as those who sabotage justice. The police and prosecutors appear to have sabotaged justice, now politicians, including Brown and Harris, seek to deny it. In the mean time, three murderers might have been wandering around...
105
There's the kicker: "Those who deny justice are as just as culpable as those who sabotage justice." Hear that, Governor Brown and Senator Harris? You are both guilty as charged for refusing Mr. Cooper the right to full disclosure of the facts of his death penalty charge. My respect for you both has greatly diminished.
227
Congratulations to the NYTimes for covering this so well. The title, images and first few lines encapsulate the story. They also indicate indicate just how far the United States is not one nation under God, indivisible, with liberty and justice for all.
54
Why does this case depends on the politicians and not the judges? That itself is a story someone needs to explain. Why is our justice system unable to correct the injustice? Why do we have to bring Governors, Senators etc. to the case?
59
Unless Senator Harris and Governor Brown provide some cogent explanation as to their inaction with regard to Mr. Cooper’s case their legacies will be permanently tarred: Ms. Harris’ can forget her presidential aspirations as the new shining star of the Democratic Party and Brown, supposedly the principled intellectual Jesuit politician, will always be dogged with questions as to what could possibly be the reason for refusing a simple DNA test which could establish Cooper’s innocence.
“No comment” will no longer cut it.
282
Absolutely.
If Governor Brown and Senator Harris continue to be silent on this, as opposed to throwing their weight behind a re-opening of the investigation and more forensic testing, there are going to be a lot of voters looking at them with quite a bit of jaundice.
That might not bother the older and soon to be retired Gerry that much, but Kamala wants to be President some day. And she's not getting my vote if she continues to be silent on this matter. (Not to mention the charges of hypocrisy continued silence opens her up to.)
8
I, too, am somewhat baffled by the actions of these two allegedly principled and, by reputation at least, progressive politicians. The answer may be simply one of perception; many of those perceived as 'progressive' in the United States appear to those of us looking on from a center-left standpoint in Western Europe as very far indeed from liberal. In this case, there would also seem to be a very strong streak of mulish authoritarianism motivating the two politicians in question, of the kind which makes it psychologically impossible to ever admit to error.
2
The justice system is so corrupt that I would NEVER vote to convict any person of a crime that might bring a death sentence.
However, the existence of the capital punishment does serve one important purpose for me. It is the proof that we humans are just another soul-less animal species living in a godless universe.
11
I wasn't there but I was framed and the cops almost got away with it. I was 14 at the time and arrested on a day cold enough to freeze your nose. I was arrested and the kid I was with who was , in fact, carrying a small bag of pot, had a lawyer father. He and the DA in family court arranged to let his son free, as long as he promised the DA never to return and allow his son to testify. Then I was charged with sale of a controlled substance. The police laughed and howled uprouriously at me , when I told them they wouldn't get away with it. Why not?They did this daily and they knew they could arrange for my conviction of almost any crime there was no witness to, but them, who'd testify to. They alost had me because my parents chose not to care. I was dross-throw away son #2.
I am white and the judge actually knew members of my extended family-I didn't know her. What bothered me more than the sick cop and his pals was my "friend"-who knew of the "fix" claimed "I can't testify. My father won't let me." I don't know what happened to any of these creepy persons, but after this arranged criminal justice, I realized that almost all of it is concocted, mostly because the police are both too stupid, and too lazy
and viciously racially motivated, to investigate when they can fake evidence. This is why when over half of prisoners in prisons claim to have been framed: you can believe most of them. They have less interest in crime than cops do-for our boys in blue, it's a lifestyle
75
I practiced criminal defense law in California for three years. That was on the appellate level -- representing people who had already been convicted of serious crimes. I saw some frame-ups. Meloop says that half of prisoners claim to have been framed -- but the true number of people actually framed is less than that. Roughly speaking -- very roughly speaking and at a guess -- I'd say something like 1 in 20. It ought to be 0 in 20 -- but there is some corruption in the police, the bar, and the bench.
Less dramatic than frame-ups but (in my opinion) just as serious: grotesque over-charging. Prosecuting people on charges much higher than the crimes actually committed. Then the prosecutor can bargain the charges down. It makes me sick.
And while I'm pointing out faults in our criminal system, let me add what is obvious to one and all: It is grossly biased against the poor, which also means biased against people of color. Swipe $20 worth of stuff and you can go to prison. Swipe $2,000,000 and you will almost never be charged. On the contrary, you can wind up in the White House. Likewise, hit someone with a stick and you'll go to prison (as maybe you should). But do the same damage by selling products you know to be defective and hiding the evidence -- and you won't spend a day in jail.
14
So what's the rest of the story? How did you escape the frame-up?
This is cruel and appalling. How can this be remedied for this man?
21
If Ms. Harris continues to refuse to get involved, it certainly dampens any enthusiasm I might have for her as a future presidential candidate. There are several other candiates who have already demonstrated their willingness to fight for the little guy and for justice for all.
298
Mr. Kristoff, thank you and your colleagues for this. In 1995, Sylvester Adams was executed in SC. There was no doubt that he was guilty of the murder, but there was much doubt that he was mentally competent to receive the death sentence. I knew then that had I been Mr. Adams’s mother, he would have been found guilty but not given a death sentence. My being white and my financial status, which would have allowed me to get good representation and expert medical witnesses, would have prevented that. That sad case reinforced my abhorrence of state murder. Mr. Cooper’s case is even more egregious. What possible legitimate reason could there be not to perform DNA tests at this time? I hope the citizens of California will demand an explanation. I hope all states will conclude that the death penalty is too often unequal in its application and end it. In the meantime, continue the good fight , Mr. Kristoff, Ms. Ma and Mr. Thompson. Our country needs you.
77
A harrowing story, wonderfully told. Thanks for shedding light on this Mr. Kristof. By all appearances, it seems Cooper was railroaded into death row. This needs further examination and the powers that be must allow DNA testing so the truth is known conclusively, one way or the other.
64
I practiced as a criminal defense attorney for many years and tried a lot of murder cases, including death penalty cases. The conclusion that I reached after all those years was quite simple. The American criminal justice system is not competent to decide who lives and who dies. That conclusion is supported in the news on an almost daily basis. The death penalty is a bridge too far.
346
Kevin Cooper is not the example to prove your thesis Mr. Landrum. He was the first convict to obtain post-conviction DNA testing in California. What did it show? He was the killer. https://web.archive.org/web/20071202223229/http://www.co.san-bernardino....
A press release from the person who puts you on death row is hardly evidence. If they are so sure they were correct - why still fight it?
1
And if your client says he wasn't there, that's what you have to argue, even if there's a dozen witnesses, video tape, and you think there's a better defense.
McCoy v. Louisiana.
This type of situation could easily be avoided if the people of America really cared about these unfortunate abuses of power. This would be to implement a system which would require those guilty of; framing someone, or intentionally withholding exculpatory evidence, or giving false testimony, to serve the same sentence as the one(s) on trial if they were convicted.
This will never happen, of course, due to the fact that, for the most part, those who could implement such a system are the very same ones who benefit from the current reprehensible system.
As is the case for health care and education, America has a two tiered justice system. One for the rich and one for the rest of us. So, this type of abuse will continue until the character of the typical American is somehow upgraded.
142
The people of America really do care. They are intentionally miseducated and left to their own devices so that they cannot use the system to do what say FDR did to make it work for all of the people instead of just those with the money and access to those who wield our authority.
Sad part is many of those we elect are still ignorant of the way that job should be done to the benefit of all and go on using it as if they do. they may not even know they don't know. It operates a lot like religion that way. They simply hear things or are told things that are alleged to be truth and act upon it as if it actually is truth without ever verifying it.
It isn't a willful choice its a choice imposed by the ignorance imposed on so many of us. I dread it when I find the places I have been operating on false ideas.
1
If the people of America really cared about something like this - it would not be happening.
1
The objectiveness of you using "really" is well subjective. Most people have no idea how to use their own right to control our government and that is by design. Until the mid 60's we used to make a point of teaching them how to properly use government. It was called "Civics" and everyone had to learn it in School. It was also common to require a mastery of basic Physics, Calculus and Trigonometry all very critical subjects to developing a rational mind. A stop was put to that once the people started getting together across racial lines to break down the dishonest power structure.
1