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Indybay Feature

Is there justice in America?

by Fred Bauer
The case of Kevin Cooper
Is there justice in America? Consider the case of Kevin Cooper, convicted of murder, awaiting execution.

Kevin Cooper was arrested and a sample of his blood taken. At the blood drenched crime scene, investigators discovered a new spot. This one drop of blood, previously overlooked, came from someone other than the victims. A criminologist testified that the DNA from the blood spot matched Kevin Cooper. The test allegedly used up all the evidence, making independent verification impossible.

A T-shirt found near the crime scene had spots of blood. Kevin Cooper sought DNA testing of the T-shirt. Before this testing could be carried out, his blood sample was removed from the crime lab for 24 hours without explanation. The subsequent DNA testing showed that the blood on the T-shirt belonged to Cooper.

Did the blood on the T-shirt come directly from Cooper or did it come from the sample taken from the crime lab? There is an easy way to find out. The crime lab blood sample had a chemical preservative added. A simple test can detect this preservative and perhaps overturn the case.

The State of California will not permit this test and Governor Schwarzenegger has denied a clemency hearing. Cooper's lawyers have also been unsuccessful in their attempts to have DNA testing of the blonde hair found clutched in the hands of the murder victims. Kevin Cooper is black.

Kevin Cooper is scheduled for execution on February 10th. Is there justice in America? Soon we'll know.

Call, fax or email Governor Schwarzenegger.

GOV. ARNOLD SCHWARZENEGGER
Phone number: 916-445-2841
Fax number: 916-445-4633
E-mail address: governor [at] governor.ca.gov
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