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Indybay Feature

Pictures From Rally For Kevin Cooper At San Quentin

by Z
Thousands gathered outside the gates of San Quentin prison Monday night to protest the execution of Kevin Cooper.
1_crowd2.jpgxfpuem.jpg
When actor and death penalty opponent Mike Farrell announced to the crowd that the U.S. Supreme Court had refused to intervene, his words were met with thunderous applause.

"The state of California cannot execute Kevin Cooper," Farrell said. "Thank you for letting the governor know he was wrong."
http://www.signonsandiego.com/news/state/20040209-2237-ca-cooperexecution-scene.html


The U.S. Supreme Court declined Monday night to overrule an appellate court's stay of execution for a convicted killer who pleaded that tests on the evidence would prove his innocence.
http://www.signonsandiego.com/news/state/20040209-2200-ca-cooperexecution.html
Add Your Comments

Comments (Hide Comments)
by Pat Kincaid (laughter [at] aol.com)
Here is the evidence in dispute. You be the judge,

I will wager a month of non-posting on here if he turns out to be innocent - along with a big slice of humble pie of course!

That being said, I am sure he is guilty as sin. I can't wait until he is dead. He richly deserves his execution.

In dispute
Evidence the Ninth U.S. Circuit Court of Appeals in San Francisco was examining in the Kevin Cooper case:.


DNA
A 2002 test found Cooper's DNA in a blood spot on the wall of the victims' home, in two cigarette butts in their car, and on a T-shirt found at a roadside that also contained the victims' blood..

Defense lawyers say:

-- Cooper's blood could have been planted on the T-shirt by officers who had the evidence before his 1985 trial. A simple chemical test for a preservative could determine whether the blood was planted.

-- Police must have planted the cigarette butts because the butts didn't show up in an initial search of the car.

-- A criminalist who had custody of one cigarette butt and blood spot evidence for a day in 1999 could have contaminated them with Cooper's DNA..

Prosecutors say:

-- The T-shirt was in court custody from the time of trial until the DNA test.

-- It is implausible that officers would plant blood evidence that wouldn't be detected at trial but would show up in a new test 17 years later.

-- A judge found that the criminalist left the evidence undisturbed in 1999..


HAIR
Defense lawyers want: DNA tests on blond hairs found in the hand of one murder victim that could not have come from Cooper.

Prosecutors say: The hairs could have come from the victim or others who had been in the house and had no connection with the murders. The hairs were examined before trial by Cooper's own expert witness, who found nothing useful in them, a conclusion affirmed recently by a judge..


CONFESSION
A Vacaville prison inmate told authorities before Cooper's 1985 trial that a fellow prisoner told him he and two others committed the murders as an Aryan Brotherhood hit. Cooper's lawyer decided not to present the testimony.

Defense lawyers say: The inmate's statement included details of the crime that weren't publicly known.

Prosecutors say: Under questioning by investigators, the inmate denied his fellow inmate's account. A federal judge later ruled that the evidence would not have helped the defense..


COVERALLS
Diana Roper, who lived 40 miles from the crime scene, told officers that her boyfriend, ex-convict Lee Furrow, came home with blood-stained coveralls that she believed were connected to the murders. She turned them over to a sheriff's detective, who destroyed them six months later without testing the blood. The detective testified at Cooper's trial, but Roper wasn't called.

Defense lawyers say: Roper's testimony and the inmate's confession could have undermined the prosecutor's theory that one man committed the murders.

Prosecutors say: Roper's statement was mere speculation, and a federal judge who later heard her testify found nothing that would have helped Cooper..


SURVIVORS
Josh Ryen, the 8-year-old boy who survived the attack, testified that he remembered seeing only one shadowy figure in the house, but hospital workers who treated him testified that he described being chased by multiple assailants.

Defense attorneys say: Prosecutors must have influenced his testimony.

Prosecutors say: They didn't do any such thing..


SHOEPRINT
Jurors were told that shoe prints in the victims' home and the house where Cooper had been hiding came from distinctive prison-issued shoes like those that had been given to him before his prison escape two days before the slayings.

Defense lawyers say: Recent statements by the prison warden and a fellow inmate show that Cooper was issued shoes that were available to the general public.

Prosecutors say: Whatever the source of the shoes, their prints matched and incriminated Cooper.

by reader
Wow, a wannabe murderer is posting on indymedia. Maybe someone should call the police.

Even Kevin Cooper wasn't saying he *wanted* anyone to die. Look at yourself, a bloodlusting murderer. You probably kill animals too, whenever you get the chance.

But today, you won't get the chance to kill anyone. We won't let you or your kind (like fellow blood-lusting Democrap Attny Gen Bill Lockyer) hurt anyone. We made our voices heard and the justices listened. They had to. The media spotlight was finally strong enough because enough people were speaking out enough that if this had gone forth there would have been a huge backlash.

Take your idiot analysis and go think about why it is you wish for the murder of someone who you condemn for the very thoughts that you yourself have.
by Edna Gorham Bey (moorishreporter)
February 6, 2004

Honorable Arnold Schwarzenegger
Office of the Governor
300 S. Spring Street
#16701
Los Angeles, Ca. 90013

Re: Kevin Cooper-Moroccan National (Moor)-Protected Under Vienna Convention & Treaty of Peace & Friendship between Morocco & the United States of America

Dear Honorable Governor:

We are writing this letter in an effort to share some extremely pertinent information with you in regard to Kevin Cooper’s standing as a free Moroccan (Moorish American) National. Under the Vienna Convention, Article 36 (subparagraph 1 b), all nationals are guaranteed access to Consular Relations by the receiving state at time of arrest or at their trial. This has not happened for Kevin Cooper. Further, such violation of International Law offends equal protection and due process.

For that cause, it is our concern that you be guided by the fact that to proceed with the execution denies his fundamental rights. It is imperative that this execution be stayed to allow time for verification of these facts. Also, please note we have a pending complaint at the International Court of Justice and the High Court of Human Rights in Geneva, Switzerland to bring closure to the illegal execution and cruel and unusual punishment against free Moroccan (Moorish Americans) Nationals by the American judicial system. Moors are being mistaken for Negroes, Blacks, Coloreds and African Americans resulting in scores of illegal executions and wrongful imprisonment. Please, make no mistake about it, Mr. Kevin Cooper is a free Moroccan (Moorish American) National and is protected by the Vienna Convention and other established treaty laws between Morocco and the United States that are not to be violated!

Attached, please find a copy of our complaint in the High Court of Human Rights, which includes an excerpt from the Vienna Convention that speaks to the issue of Consular Relations for all nationals. Please note that when Americans executed a National of Paraguay, international relations were greatly affected and strained. So in the interest of justice and diplomacy, this is a matter that should not be ignored as we seek to strengthen and maintain international ties.






Page Two

In closing, Governor Schwarzenegger, please consider the fact that you have been put on notice of fundamental rights violations in this case and have the opportunity to uphold justice. We hope that you will use your position to make a difference by doing the right thing. Any action taken with respect to life and liberty of Kevin Cooper, a free Moroccan (Moorish-American) National must be stayed!! If you have further questions, please feel free to contact us and we will provide your office with as much support as possible with regard to this issue. We also appreciate your acknowledgement of this communication.


With Sincere Regards,

Dr. E. Gorham Bey
Administrator

cc: Lanny Davis, Defense Counselor
Mohammed Karmoune, Consulate General of Morocco
Hon. Kofi Annan, U.N. Secretary General
Ruben “Hurricane” Carter - Aid to the Wrongly Convicted
Hon. Roy Perry Bey - United Front for Justice
Sultan D. Rosser El - President, U.S.M.A.N.
Amy Goodman - Democracy Now
Min. Louis Farrakhan - N.O.I.
Heads of State and Embassy Officials






















OFFICE OF THE HIGH COMMISSION FOR HUMAN RIGHTS

OFFICIAL COMPLAINT INSTITUTING PROCEEDINGS
Filed in the High Office for Human Rights
On December 26, 2003

MOORISH AMERICAN HOLOCAUST CASE
ROY L. PERRY BEY ET AL.
SULTAN DAVID ROSSER-EL

V.

THE UNITED STATES OF AMERICA

2003
General List
No.

I. MOORISH AMERICAN NATIONALS OF THE UNITED STATES OF AMERICA
TO THE OFFICE OF THE HIGH COMMISSION FOR HUMAN RIGHTS

Geneva, 26 December 2003

Upon instruction of the decendants of the Royal Moors incarcerated in America, I have the honor to submit here with an official complaint of violations of the International Covenant on Civil and Political Rights, the Convention against Torture, the International Convention on the Elimination of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination and Vienna Convention on Consular Relations against Moorish Americans in accordance with the rules of the Commission as an urgent request for hearings and provisional measures pursuant to Articles 6 to 27 comprising Part III of the Covenant and Articles 22 and 14 of the procedures of the Commission for Human Rights against the United States of America for perpetual slavery, discriminations, war crimes, genocide, complicity in genocide, crimes against humanity, and gross violations of civil and human rights after the Spanish Inquisition in 1480 through 2003 against the Moorish children who are descendants of the Royal Moors from Morocco conquerors of Spain in the 8th century and for violations of the United Nations Declarations of Human Rights and Vienna Convention on Consular Relations.

The request for provisional measures is of extreme urgency. The unlawful jury selection system, trials, heighten level of incarceration and denial of parole and of fundamental rights, including execution of scores of Moors, taking place in the United States, would deprive both this Commission and America of the opportunity to have the cases decided on its merits.

__________________________
(Signed) MR. ROY L. PERRY BEY
Moorish American National/Petitioners
___________________________
II. APPLICATION OF DESCENDANTS OF THE ROYAL MOORS IN AMERICA

On behalf of the Moors of the United States of America Moorish American Nationals, so-called Blacks, Coloreds, Ethiopians, Africans and Negroes in America and in accordance with Articles 22 and 14, of the procedures of the Commission, included but not limited thereto; We respectfully submit this official complaint in the name of Roy L. Perry Bey and Sultan David Rosser-El, et al., Moorish Nationals, Rosser EL., is currently an incarcerated victim, files against the United States of America for a history of rights violations, war crimes and crimes against humanity of the Moorish children (done on 25 Nov. 1491) and thereafter, from The Spanish Throne, Queen Isabella, issued its initial proclamation on laws for the export of so-called Blacks, Negroes (Moors) as slaves to Portugal, London, France, South America and North America in 1501 and for violations of the Vienna Convention on Consular Relations (the "Vienna Convention"). The Commission has jurisdiction pursuant to its rules and Article I of the Vienna Convention's Optional Protocol concerning the Compulsory Settlement of Disputes.

III. THE VIENNA CONVENTION

1. Article 36, subparagraph 1 (b), of the Vienna Convention on Consular Relations (the "Vienna Convention") requires the competent authorities of a State party to advise, "without delay", a national of another State party whom such authorities arrest or detain of the national's right to consular assistance guaranteed by Article 36:

"If he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner."

2. As the United States stated before the International Court of Justice in its Memorial in the case concerning United States Diplomatic and Consular Staff in Tellran,

"A principal function of the consular officer is to provide varying kinds of assistance
to nationals of the sending State, and for this reason the channel of communication between consular officers and nationals must at all times remain open. Indeed, such communication is so essential to the exercise of consular functions that its preclusion would render meaningless the entire establishment of consular relations . . . Article 36 establishes rights not only for the consular officer but, perhaps more importantly, for the nationals of the sending State who are assured access to consular officers and through them to others." (I.C.J. Pleadings, p. 174.)





3. In the recent case concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America), Judge Schwebel, in his declaration appended to the unanimous Order of the Court for a stay of execution of a national of Paraguay, stated: "It is of obvious importance to the maintenance and development of a rule of law among States that the obligations imposed by treaties are complied with and that, where they are not, reparation is required. The mutuality of interest of States in the effective observance of the obligations of the Vienna Convention on Consular Relations is the greater in the intermixed global community of today and tomorrow (and the citizens of no State have a higher interest in the observance of those obligations than the peripatetic citizens of the United States)." (Order of 9 April 1998, I.C.J. Reports 1998, p. 259.)

IV. AFRICAN MOORS OFFICIAL POSITIONAL STATEMENT OF FACTS

4. In 2003, the authorities of the United States continue to detain Mr. Perry Bey Political rights and deny Mr. Rosser-EL a Moroccan national, and other so-called Blacks, Moors rights See; treaty 8 Stat. 484; TS 244-2 Art. 6, 15, and 21 January 28, 1837 by subjecting him and other Moors to be tried and sentenced or labeled parole violators in order to convict and incarcerate them to serve time in the American prisons and jails without being advised of their rights to consular assistance, as guaranteed to them by Article 36, subparagraph 1 (b), of the Vienna Convention. And denial of voting rights tribunals, including but not limited thereto; timely parole and revocation hearings.

Evidence in support it was only in 1993, when Rosser-EL filed a legal petition challenging the jury system under which Moors are tried in the Supreme Court of Virginia, which declared the jury selection system, employed in the United States historically unconstitutional and thereafter, Perry-Bey filed in 1994 a Declaration Affidavit of Nationality in the Circuit Court of Powhatan Virginia, at the state level to further establish the identity of well over 22 million Moorish Americans born in America, denied their natural international existence and imprisoned without the secured rights guaranteed under the Constitution and Moroccan treaty, thereby officially serving notice on the American officials that the consular officers must be made aware of the Moors legal standing in detention, not by the authorities of the State of Virginia, but by the detainees themselves, of the case against the American Government and other member States in question.

5. It has been the contention of the authorities of the United States that they are unaware of the fact that Moorish Americans so-called Blacks are in fact nationals of Morocco/Africa. While maintaining that under the requirement
of due diligence and good faith applicable in international relations, the authorities of the United States should have established the nationality of
all detainees in America. Moors incarcerated and free continue to petition as free nationals. These in-formations, gleaned by the authorities of the several States of the United States jurisdiction subject matter in the U.S. at their detention, clearly laid grounds for further investigation as to the nationality of the detained Moorish brothers, and put the onus on the authorities per Article 36, subparagraph I (b), of the Vienna Convention-to determine their nationality and to inform the Morocco consular officers), Morocco would have accepted as true the contention of the authorities of the State of Virginia that they had not actually been aware of the Moroccan Nationality of the all Moorish detainees.

6. However, during the 1993 proceedings before the Supreme Court of Virginia, Sultan David Rosser-EL v. Commonwealth of Virginia, the High Court admitted that not only was the Jury selection unconstitutional as applied to so-called blacks (Moors) but the authorities of the United States had indeed been aware all along, since the 1501 Enslavement (The Moorish Holocaust), that so-called Blacks, Indians, Negroes and coloreds were in fact Moors. It was thus in full knowledge according to the Court of the Moroccan nationality of the above (Moors) prior detainees and all other Moorish American detainees in the United States, both free and imprisoned that the authorities of the United States held, tried and convicted Moors without informing them of their rights under Article 36 of the Vienna Convention.

7. The failure to provide the required notification precluded Morocco from protecting its nationals' interests in the United States provided for by Articles 5 and 36 of the Vienna Convention at both the trial and the appeal level in the state and federal courts.

8. The possibility cannot be excluded that this lack of consular assistance does have an adverse and negative impact on the criminal proceedings. Indeed, Moors are being denied the assistance of Morocco consular officers, to claim violations of the Vienna Convention before the state court of first instance that court would have rejected the assertion of this and other claims based on a municipal doctrine of procedural default. Applying this doctrine, the court would decided that, because Moors had not asserted their rights under the Vienna Convention in their previous legal proceedings at state or federal level, they could not assert them in any legal proceedings. This municipal law doctrine was held to bar such relief even though, first, the Moors were unaware of their rights under the Convention at the time of the earlier proceedings, and second, they were unaware of their rights precisely because the legal authorities failed to comply with their obligations under the Vienna Convention promptly to inform them of those rights.

9. Roy L. Perry-Bey filed suit pursuant Title 42 United States code section 1983 for official deprivation of his civil and human rights as a Moorish American National in the United States District Court for the District of Columbia, Perry-Bey v. Clinton, President of the United States and in the United States District Court for the Eastern District of Virginia, Perry-Bey v. Allen, Former Governor of the Commonwealth of Virginia, See; Perry-Bey v. Warner, Governor of the Commonwealth of Virginia 2002. Sultan David Rosser-EL petition filed was decided 21 June 1993; See; Rosser-El v. Commonwealth of Virginia and Tracy Ray, Warden Augusta Correctional Center, filed December 24, 2003 in the United States District Court for the Eastern District of Virginia, these Royal Moors continue to work at every level to set at liberty well over 22 Million Moorish Men, Women, and Children born in America that in fact are the true descendants of the Royal Moors.

10. Ancient history reflects the fact that in 1491; the Moors of Spain lost a tremendous war to Queen Isabella and King Ferdinand after 700 years of intense battle to take back Spain from the Moors. The Roman Catholics recon quest of Spain left millions of Moors at the mercy of the Christian Crusaders who forced them to change their customs, their religion and the very language that they spoke. In that this bloody battle (The Moorish Holocaust) left the multitude of their captives without parents (mere children), most of them were placed in orphanages and monasteries and taught the culture and language of the captors (Anglo Saxon English). Shortly after this well documented conquest, Queen Isabella and King Ferdinand engaged the services of an Italian navigator named Christopher Columbus (1492) who was provided with ships and commissioned to sail Aug. 3, 1492 from Palo's, Spain in search of the "New World" he and his party landed on an island in the Bahamas. For certainly, their recent over throw of the Moors in Spain, left them in a peculiar position with millions of young Moors on their hands they treated especially harshly, because they were the children of those great warriors who were massacred and destroyed during the Moorish Holocaust.

11. Of course, it was not long thereafter that the slave trade came to be and the Moorish children were sold all over the world, Portugal, London, France, North America, South America, the Caribbean, etc., as these territories are known today. From that point, these children lost all contact with anything Moorish and started to blend into whatever environment they were cast upon, leaving behind a rich, royal, illustrious legacy, and the likes of which the world had never seen. With the grandeur of the Alhambra, the splendor of the Alcazar, and so much more, the Moors had carved out a niche, that even until this day, the world would never forget.

12. From times immemorial, the customs, culture and traditions of the Moors were so deeply buried and amalgamated into the mainstream of whatever society they found themselves in, until any semblance of their original culture was not recognizable by the Moors themselves. While many Nations have suffered war, they were able to maintain a central link that was common to all. That link was their identity; they did not forget who they were. In speaking with members of the Jewish or Japanese community, during their tremendous warfare with the United States of America during the bombing of Pearl Harbor and the Hiroshima experience or the (Jewish Holocaust) under Hitler, the one Thing that was central and important, no matter how much suffering and pain, was to always remember that "you are Japanese and or Jewish.


13. This mentality was not a part of the Moorish experience after being sold into slavery, as the surviving children adopted the slang names given to them, i.e. Negro, Colored, Mulatto, Black, Ethiopian, Afro-Americans and African-American, etc. And it wasn't until 1913 when the illustrious Prophet, Noble Drew Ali came back to America teaching and reminding the Moors of their greatness. He made it clear that they were not Negroes, Colored or Black.

V. MOORISH AMERICANS EFFORTS TO PREVENT THE UNLAWFUL TRIALS, CONVICTION, INCARCERATION, AND THE CARRYING OUT OF DEPRIVATION OF PROTECTED RIGHTS AND DEATH SENTENCES

14. Moorish Americans of the United States of America have used every legal means at their disposal in order to prevent the carrying out of the scores of unlawful trials, discriminations, convictions, and incarceration vote denial and death sentences against Moors. Both Sultan Rosser-EL and Roy L. Perry-Bey have made numerous interventions; these Moorish Nationals of America have appealed to Members of Congress, U.S. Senators and the President of the United States. Dr. Martin Luther King, Jr. Malcolm X, Lyndon H. LaRouche, Jr. Congressmen John Conyers, Jr., Jessie L. Jackson and Minister Louis Farrakhan and other local and world leaders all well documented have raised the rights violation issues of so-called Blacks, Coloreds, Negroes (Moors), with their respective counterparts in the United States Administration and with the Governors of the several States of the United States of America
and International Community. The Petitioners also, have undertaken numerous civil rights and institutional demonstrations in the United States. And have appeared before numerous governmental entities of the United States prior to the deprivation of rights and execution of Moors. They intend to continue to petition at every level the leaders that decide on the issue of reparations, injustice and the overall fate of the Royal Moors.

These Moorish Nationals have asked for the unlawful trials, hearings and death sentences against Moors to be set-aside on humanitarian grounds. And it was not only motivated by their opposition, in principle, rights violations and the death penalty, but by the special circumstances of the scores of well-documented cases.

Indeed, many Moorish Americans imprisoned in America were only youths when they allegedly committed crimes. They have spent a total of 15 or more years on death row compared to Caucasians, and are languishing in jails and prison a period, which, even by the United States standards, is unusually long. The petitioners have also raised the issue to no avail-of reparations from Spain and violation of fundamental rights and of the Vienna Convention. Mr. Perry-Bey, in a letter to the United States Vice-President, Justice Department officials’ and Royal Embassy of Morocco and Saudi Arabia dated between 12 September and 10 October 1994, did assert a gross deliberate violation of civil and human rights and-through negligence-of Article 36 of the Vienna Convention in all the United States cases against Moors.
A detailed petition was made of the two detainees, Moorish Nationals cases were clearly demonstrated in the letters. The United States of America, to this day, has failed to respond.

It was only on 21 June 1993 against Sultan David Rosser-EL that the Supreme Court of the State of Virginia before the Honorable Judge Jose’ R. Davila Jr., evidenced that America since 1491, had actual knowledge of the Moors in America true nationality.

15. The Moorish petitioners assert racial, social, economic, civil, political and human rights violations against the United States of America and other member states as evidence made by reference hereto; well documented in the United States District Courts in the United States of America; and the International Court of Justice, specifically, Mexico v. United States of America in support; including but not limited thereto;

16. The Moorish Petitioners are seeking relief as barring the competent authorities of the United States from enforcing its criminal law. And contend, however, that the competent authorities of the United States must enforce the criminal law by means that comport with the obligations undertaken by the United States in the Vienna Convention.

17. The Moorish Petitioners are seeking such relief as barring the competent authorities of the United States from enforcing its civil political and criminal laws. And contend, however, that the competent authorities of the United States must enforce the law by means that comply with Section 2 of the Voting Rights Act, and obligations and duty agreed upon in the United States and Moroccan Peace & Friendship treaty 8 Stat. 484; TS 244-2 Art. 6, 15, and 21 January 28, 1837.





26 December 2003
______________________________
MR. ROY L. PERRY BEY
Born: JAN. 11, 1958
Moorish American National/ Petitioners
C/o UNITED FRONT FOR JUSTICE
PO BOX 9901
NORFOLK, VA 23505

by johnx (johnx [at] fuckthewar.com)
> That being said, I am sure he is guilty as sin. I can't wait until he is dead. He richly deserves his execution.

I am willing to consider your position not wholely hypocritical,
if you are willing to commit suicide if you are proven wrong about Kevin's guilt,
by GABBY
THIS WORLD IS THE WAY IT IS BECAUSE EVERYONE IS
QUIK TO JUDGE. GIVE THE MAN THE BENEFIT OF THE
DOUBT.I FELL BAD FOR BOTH SIDES.ESPECIALY FOR THE LITTLE BOY WHO HAS TO LIVE WITH THIS FOR THE REST OF HIS LIFE.THERE IS ONLY ONE JUDGE FOR THE
WHOLE WORLD AND JUSTICE WILL BE SERVED ONE WAY OR ANOTHER.IT DOESNT MATTER WHAT COLOR IS
YOUR SKIN WE ALL HAVE RED BLOOD IN OUR VIENS.ANDALL THIS HATE LETTERS IS NOT MAKING IT ANY BETTER.I AM ON NOBODIES SIDE.WE SHOULD PRAY FOR THE LITTLE BOY SOTHAT THIS TRAGETY
WONT MAKE HIM A BAD OERSON WHEN HE GROWS UP.
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