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New 9th Circuit Appeal for Kevin Cooper

by Californian
The legal community is now on at the barricades, 24 hours a day, fighting to save the life of Kevin Cooper and the good fight for all humanity as the death penalty is dead wrong. A new federal appeal has been filed in the 9th Circuit.
The legal community is now on at the barricades, 24 hours a day, fighting to save the life of Kevin Cooper and the good fight for all humanity as the death penalty is dead wrong. A new federal appeal has been filed in the 9th Circuit.

Per the Breaking News in the San Francisco Chronicle, 2/7/04 at, http://www.sfgate.com/cgi-bin/article.cgi?file=/gate/archive/2004/02/07/cooper07.DTL
"The appeal asks the court for an order halting the execution and for permission to file a second habeas corpus petition challenging Cooper's conviction" as federal law usually allows for only one habeas appeal. According to Black's Law Dictionary, a habeas corpus writ is used to bring a party before a court or judge, and the primary function is to release the party from unlawful imprisonment. The issue is not guilt or innocence but whether a person is denied liberty by due process. As we know, due process is guaranteed by the Constitution in the 14th Amendment, one of the 3 anti-slavery Amendments, the others being the 13th and 15th Amendments.

Cooper also has a state habeas petition pending, and the state law has no limit on habeas petitions.

Show your opposition to the death penalty and this execution as well as your support for these appeals by calling or E-mailing or the Governor for a stay of execution, which he can do at any time before the execution. Call Gov. Schwarzenegger at 916-445-2841 or 415/703-2218 or e-mail governor [at] governor.ca.gov

Where there is life, there is hope. Literally the whole world is watching. California has been known as a bellwether state. Let's show the world that the 35 million people of California will not allow this execution to take place in our name and with our tax dollars. Most of us cannot do much but we most likely can certainly make a phone call . All you have to say is:
Stay the Execution of Kevin Cooper!
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by repost
As the date for the execution of convicted quadruple murderer Kevin Cooper draws near, a former reporter has come forward with what she claims is evidence proving the condemned man's innocence.

Kristina Rebelo, who worked as a reporter for the United Press International wire service, claims to have met a man who has firsthand knowledge that evidence was planted in the case. "He said to me 'Kevin Cooper did not kill that family' and I said 'yes he did, I was there, I saw the evidence,'" said Rebelo. "'Kevin Cooper killed that family' and he said 'no he didn't. We were told to plant evidence.'"

Cooper has long claimed that the crime was committed by others, and that evidence linking him to the crime scene was fabricated.

In addition to the revelations by Rebelo, other moves are taking place to at least postpone the execution. Attorneys for Cooper have filed a petition in federal court asking for a delay in the inmate's sentence. The petition claims that lethal injections used to administer the death penalty in California constitute "cruel and unusual punishment" in violation of the U.S. Constitution.

Attorney David Alexander argued that potassium chloride used to stop the heart of the condemned man causes "excruciating pain." He noted that the substance has been outlawed for use on animals in several states.

Deputy California Attorney General Holly Wilkins responded that an anesthetic is given before the potassium chloride is administered, rendering the prisoner unable to feel any discomfort.

Cooper is scheduled to die at 12:01 a.m. Tuesday morning at San Quentin Prison. Gov. Arnold Schwarzenegger has already rejected a clemency request.

Cooper was convicted of four counts of murder for the 1983 slayings of Douglas and Peggy Ryen, their 10-year-old daughter Jessica, and an 11-year-old houseguest, Christopher Hughes. Eight-year-old Joshua Ryen, although severely injured, survived the attack.

Cooper had just escaped from the nearby California Institution for Men at Chino when the murders occurred.

http://www.kxtv10.com/storyfull.asp?id=6360
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