Kevin Cooper (prisoner)
Cooper in 2006
|Born||January 8, 1958|
|Criminal status||In prison|
|Conviction(s)||Convicted on all four counts|
|Criminal charge||Four counts of murder|
Kevin Cooper (born January 8, 1958) is a death row inmate currently held in California's San Quentin Prison. Cooper was convicted of four murders that occurred in the Chino Hills area of California in 1983. Cooper also admitted in court to the kidnap and rape of an underage female in Pennsylvania during a burglary attempt and was accused of rape by a second woman in California. Since his arrest, Cooper, who is African American, has become active in writing letters from prison asserting his innocence, protesting racism in the American criminal justice system, and opposing the death penalty.
Cooper's habeas corpus petitions have been denied. The evidence in the case has been reviewed during the original trial, by the California Supreme Court, by the United States District Court, and by the Ninth Circuit Court of Appeals.
In a 2007, two judges of the United States Court of Appeals for the Ninth Circuit wrote that "As the district court, and all state courts, have repeatedly found, evidence of Cooper's guilt was overwhelming. The tests that he asked for to show his innocence 'once and for all' show nothing of the sort." In a concurring opinion, however, Judge Margaret McKeown said she was troubled that the court could not resolve the question of Cooper's guilt "once and for all" and noted that significant evidence bearing on Cooper's culpability has been lost, destroyed or left unpursued.
In a dissenting opinion written in 2009, Judge William A. Fletcher began by stating: "the State of California may be about to execute an innocent man." Fletcher wrote that the police may have tampered with the evidence and that the Ninth Circuit should have reheard the case en banc and should have "ordered the district judge to give Cooper the fair hearing he has never had." Five judges joined in Fletcher's dissent and five more stated that Cooper has never had a fair hearing to determine his innocence.
- 1 Early life
- 2 Previous criminal record
- 3 Chino Hills murders and arrest
- 4 Trial
- 5 Possible manipulation of evidence
- 6 Post-trial DNA testing
- 7 Assessment by courts, governors, and independent groups
- 7.1 California Supreme Court upholds stay on execution
- 7.2 Denial of clemency by California Governor Schwarzenegger
- 7.3 U.S. Ninth Circuit Court denies appeal
- 7.4 Inter-American Commission on Human Rights recommends a review
- 7.5 American Bar Association recommendation for clemency
- 7.6 New DNA testing order by California Governor Brown
- 8 See also
- 9 References
- 10 External links
Kevin Cooper was born Richard Goodman on January 8, 1958, near Pittsburgh, Pennsylvania. When he was two months old, his mother placed him in an orphanage. At the age of six months, he was adopted by Melvin and Esther Cooper, who renamed him Kevin Cooper. As a child, Kevin Cooper was subject to physical abuse and ran away from home numerous times. As an adolescent, he was sent to juvenile custody numerous times.
Previous criminal record
Cooper had an extensive criminal past that included rape and burglary. He was sentenced to a one-to-two year prison term in 1977 for burglarizing a home in Pittsburgh, Pennsylvania. Cooper later stipulated in court to kidnapping and raping a minor female who interrupted him during a burglary in Pennsylvania. Over the next five years, he was convicted and sentenced to jail twice for burglaries and was released on probation in 1982. In late 1982, Cooper fled to California after escaping from a Pennsylvania psychiatric facility. In California, Cooper was soon convicted of two burglaries in the Los Angeles area. He began serving a four-year sentence under the alias David Trautman at the California Institution for Men (CIM) in Chino on April 29, 1983, where he was assigned to the minimum security section. On June 2, 1983, Cooper climbed through a hole in the prison fence and walked away from the prison across an open field.
Chino Hills murders and arrest
On the morning of June 5, 1983, Bill Hughes arrived at a semi-rural home in Chino Hills, California, where his 11-year-old son Christopher had spent the night. Inside, he found Douglas and Peggy Ryen, their 10-year-old daughter Jessica and his own son dead. They had been chopped with a hatchet, sliced with a knife, and stabbed with an ice-pick. Josh Ryen, the 8-year-old son of Douglas and Peggy, had survived. His throat had been cut. Mrs. Ryen's purse was in plain sight on the kitchen counter, but no money had been taken. The family station wagon was gone; it was discovered several days later in Long Beach, California, about 50 miles southwest of Chino Hills.
The San Bernardino County Sheriff's Department deputies who responded to the call identified Kevin Cooper as the likely killer. He had admittedly hidden out in the vacant house next door, the Lease house, 125 yards away, for two days. He had made repeated calls from this house to two female friends asking for money to help with his escape, but they had refused. Cooper testified at trial that he had left that house as soon as it got dark on June 4 and had hitchhiked to Mexico. It was established that Cooper checked into a hotel in Tijuana, about 130 miles south of Chino Hills, at 4:30 pm on June 5.
There, Cooper befriended an American couple who owned a sailboat. He hitched a ride on the boat with them as a crew member cruising the Baja and Southern California coasts.
Seven weeks later, while still staying on the couple's boat, Cooper was accused of raping a woman on a boat docked nearby. While visiting the sheriff's office to report the crime, the rape victim saw a wanted poster with Cooper's photograph and identified him as the rapist. Deputies and coast guard personnel detained him as he tried to swim ashore.
In videotaped testimony, Josh Ryen said that the evening before the murders, just before the family left for the Blade barbecue, three Mexican men came to the Ryen home looking for work. Ryen did not identify the killer, but said in an audiotape with his treating psychiatrist that he saw the back of a single man attacking his mother. Ryen told a sheriff he thought three men had done it because "I thought it was them. And, you know, like they stopped up that night," but he did not actually see three people during the incident.
Cooper testified in his own defense. He admitted escaping from CIM, hiding out and sleeping at the Lease house, but denied committing the murders or being in the Ryen house. Cooper said he left the Lease house on foot, hitchhiked, stole a purse, and eventually made his way to Mexico. The defense pointed out the inconsistencies in Ryen's testimony, presented evidence of other events apparently not involving Cooper that might have had something to do with the killings, and presented an expert witness that criticized the forensic investigation.
A jury convicted Cooper of four counts of first degree murder and one count of attempted murder with the intentional infliction of great bodily injury, and then imposed the death penalty.
There was also a stipulation entered during the penalty phase of Cooper’s trial that “Kevin Cooper was the man who abducted (the female minor) on October 8th of 1982 from the Heath residence, kidnapped her, and later raped her in Frock Park.
Possible manipulation of evidence
Cooper has continuously denied any involvement in the crimes for almost 30 years. Some arguments supporting his innocence include:
- The sole survivor, Josh Ryen, indicated with a communication board to a social worker and deputy in the emergency room that 3 or 4 white men committed the murders. Judge Fletcher wrote, "Deputies misrepresented his recollections and gradually shaped his testimony so that it was consistent with the prosecution's theory that there was only one killer."
- Judge Justin Quackenbush, in a 2010 lecture at Gonzaga University, wrote that on June 9, Diana Roper called the Sheriff's Department to tell them that her boyfriend, Lee Furrow, had come home in the early hours of June 4. He changed out of his overalls which he left on the floor of a closet. He was not wearing a tan t-shirt that he had been wearing earlier in the day. He left after five minutes and did not return. [Roper and her father] both concluded that the overalls were spattered with blood. The Sheriff's Department never tested the overalls for blood, never turned them over to Cooper or his lawyers, and disposed of them on the day of Cooper's arraignment. Phone Logs proved that a deputy sheriff made multiple attempts to give the coveralls to the lead investigator. This contradicted the deputy's claim that he never considered the coveralls of value. A supervisor admitted to an investigator that he signed off on disposing of the overalls, thereby impeaching deputy Eckley's testimony at trial that he made that decision on his own initiative.
- Roper later provided an affidavit stating that a bloody tan t-shirt found beside a road leading from the murder house was Furrow's t-shirt. It was a Fruit-of-the-Loom t-shirt with a breast pocket. Roper stated that she recognized it because she had bought it for him.
- Roper also stated that a bloody hatchet found beside a road leading from the murder house matched Furrow's hatchet that was now missing from her garage.
- A man named Clarence Ray Allen (executed by California in 2006) previously had a disagreement with the Ryens over a horse he purchased from them. Diana Roper's boyfriend, Lee Furrow, was an employee of Allen's security company. In 1977, Furrow pled guilty to murdering in 1974, on Allen's orders as part of a burglary coverup, Mary Sue Kitts, a 17-year-old girlfriend of Allen's son. Allen was also convicted of Kitts murder. At the time of the Ryen murders, Allen had been on death row since 1982 for orchestrating from prison for Billy Ray Hamilton (died in 2007 on death row of natural causes) to murder Furrow (and seven other witnesses) to prevent him from testifying in Allen's appeal of the Kitts murder conviction. At the 2010 Gonzaga University lecture, Judge Quackenbush stated, "Furrow had been released from state prison a year earlier. He had been part of a murderous gang, but had been given a short sentence in return for turning state's evidence against the leader of the gang [Clarence Ray Allen]. The leader [Allen] was sentenced to death. Furrow told friends that while he was part of the gang he killed a girl [Mary Sue Kitts], cut up her body, and thrown her body parts into the Kern River."
- Judge Quackenbush related in his 2010 Gonzaga lecture that in Diana Roper's June 9 call to the Sheriff's Department she told them that when Lee Furrow had come home in the early hours of June 4 he arrived in an unfamiliar station wagon with some people who stayed in the car. A further investigation revealed that Lee Furrow's stepmother lived close to where the victim's station wagon was ultimately found.
- Records would show that a second, now missing, blue shirt had been recovered near the bar shortly before the tan shirt presented at trial. Judge Fletcher pointed out that the police's own procedures meant that the shirt would have only appeared in the records if it were found by a civilian (since the tan shirt was found by an officer the records could not have been referring to the shirt). The records also described the shirt as having what looked like blood on it, and one of the state's witnesses admitted that one of the three men had been wearing a blue shirt. In spite of this, Judge Huff accepted the state's claim that there was only one shirt, and blocked the defense from pursuing the matter.
- Judge Fletcher suggested that preservatives found in the blood on the tan T-shirt indicated that it may have been planted (arguing that Huff ignored testing which showed that four of the alleged control samples either had DNA or were inconclusive and thus could not be legitimate controls, and that Huff had both failed to test the new sample to see if it was blood and ignored that the EDTA corresponded with the DNA). "If the EDTA testing already performed shows that Cooper's blood was planted on the t-shirt, or if further EDTA testing does the same thing, that showing greatly increases the likelihood that much of the evidence introduced at trial was false," Fletcher wrote. Some argue that Gregonis planted Cooper's blood in order to ensure a positive result.
- Donald Gamundoy, a social worker who interviewed Josh prior to the police questioning, stated at trial that Josh had not only identified 3 attackers but specifically stated they were not Mexican or African American. This contradicts the state's claim that Josh confused there being multiple murderers with his memory of three Mexican men that were looking for landscaping work the day before the killing.
- Prosecutors claimed during the trial that a bloody footprint found on the Ryens’ bedsheet and another print on a spa cover outside the Ryen home matched the size and type of the Pro-Ked ‘‘Dude’’ sneakers Cooper was issued inside the prison, further claiming that the shoe was distributed solely through prisons and other government institutions like the one Cooper had escaped only two days prior to the murders. Cooper’s attorneys, however, obtained statements from James Taylor, an inmate who said he issued Cooper PF Flyer shoes, and Midge Carroll, the former prison warden, who said the shoes the prison purchased for inmates were widely available to the public through major retail outlets such as Sears. This information was enough to temporarily put a halt to his execution for further examination.
- Blond hairs were found clutched in Jessica Ryen's hand.[better source needed] Under oath, Dr Ed Blake conceded that most of the hairs had never been tested, and when Judge Huff did order retesting she limited the testing to hairs that were proven not to have Antigen roots (essentially guaranteeing a negative result).
- In the initial search of the Ryen's station wagon, no cigarette butts were found. Judge Fletcher writes, "Some of those cigarette butts could have easily been planted in the car. Moreover, after initial forensic testing, paper from a hand-rolled cigarette butt supposedly found in the station wagon was described as consumed. That same paper later "reappeared" and was offered into evidence. When the paper "reappeared," it was significantly larger than the paper in the cigarette butt that had been tested." The same officers who found the cigarettes had also failed to process cigarettes from the house where Cooper had hidden.
- Judge Fletcher suggested that since the chemical test used to detect blood also reacted to bleach, and since a previous occupant had admitted at trial to cleaning the shower and sink with bleach just prior to vacating, that the supposed blood in the shower and sink could have potentially been the bleach used by the tenant to clean up.
- Judge Fletcher writes that while a button found in the house came from a green prison jacket, "uncontradicted evidence at trial showed that Cooper was wearing a brown or tan prison-issued jacket when he escaped."
- Fingerprints of an officer who had claimed he never entered the closet where Cooper slept were recovered from the interior of the closet, and were determined to have been left the day before the evidence in the closet was officially found.
- Lee Furrow's stepmother was found to live less than 5 miles away from where the Ryen's station wagon was recovered, and testimony from the church's priest confirmed that the car could have only been left the previous day.
Post-trial DNA testing
In 2001, Cooper became the first death row inmate in California to successfully request post-conviction DNA testing of evidence. The results of those DNA tests failed to exonerate him of the 1983 murders and indicated 1) Cooper's DNA was present both at the crime scene and in the stolen station wagon, 2) hairs found on three of the victims were likely their own, and 3) no DNA belonging to other assailants was present.
However, it was found that a blood vial containing Cooper's blood also contained a second individual's blood. More importantly, prosecution expert Daniel Gregonis had checked Cooper's blood out for 24 hours without informing Cooper's attorneys (alongside his saliva and the bloodstain recovered from the house). This is significant because of two key pieces of evidence that relied on blood from Cooper:
- Gregonis' initials were on a pillbox that contained a bloodstain recovered from the house—Cooper was the donor.
- A bloodstain located on a T-shirt that was found beside a road some distance from the Ryen home; the shirt has several blood stains.
- Doug Ryen was the donor of a bloodstain.
- Cooper was the donor of two blood smears and possibly of blood spatter.
- However, Cooper's DNA was not on the hatchet, one of the murder weapons. The hatchet had blood from victims Jessica Ryen, Doug Ryen, and Chris Hughes (Peggy Ryen and Josh Ryen cannot be excluded as minor contributors).
Assessment by courts, governors, and independent groups
California Supreme Court upholds stay on execution
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Cooper was scheduled to be executed on February 10, 2004; on February 8 a three judge panel consisting of Judges Pamela Rymer, Ronald Gould and James Browning heard Cooper's petition and rejected it by a vote of 2–1.
Judge Browning, the lone dissenter, was able to assemble enough judges to get an en banc ruling blocking the execution to allow further DNA testing. Ultimately, the Supreme Court unanimously upheld the stay, effectively making it impossible to carry out the death warrant.
The postponement followed a campaign by various groups in the Bay Area and around the country, such as the Campaign to End the Death Penalty, the ACLU, Death Penalty Focus, and The Mobilization to Free Mumia Abu-Jamal.
Denial of clemency by California Governor Schwarzenegger
I have carefully weighed the claims presented in Kevin Cooper's plea for clemency. The state and federal courts have reviewed this case for more than 18 years. Evidence establishing his guilt is overwhelming, and his conversion to faith and his mentoring of others, while commendable, do not diminish the cruelty and destruction he has inflicted on so many. His is not a case for clemency.
On December 17, 2010, Cooper filed a second clemency petition to Governor Schwarzenegger. This petition laid out new developments in the evidence that had not been known when the first petition was denied in 2004. The second clemency petition also cited the conclusions and observations of twelve appellate judges of the Ninth Circuit Court of Appeals, including the fact that blood taken from Cooper after he was arrested was contaminated with the DNA of another person, that a sheriff's deputy had lied at Cooper's trial about destruction of key evidence, and that three witnesses, never interviewed by the prosecution, had come forward with strong evidence of other possible perpetrators.
Just before Governor Schwarzenegger left office in January 2011, his office wrote a letter to Cooper's lawyer stating that the application "raises many evidentiary concerns which deserve a thorough and careful review of voluminous records." The letter further stated that since the Governor had only two weeks left in office, he had decided to leave the matter for Governor-elect Jerry Brown's determination.
U.S. Ninth Circuit Court denies appeal
Cooper has filed multiple appeals and applications for a writ of habeas corpus, all of which have been denied. On December 4, 2007, the Ninth Circuit Court of Appeals denied Cooper's third federal petition for a writ of habeas corpus. The panel concluded: "As the district court, and all state courts, have repeatedly found, evidence of Cooper's guilt was overwhelming. The tests that he asked for to show his innocence 'once and for all' show nothing of the sort."
On May 11, 2009, the Ninth Circuit denied Cooper's request for a rehearing en banc of the 2007 panel decision. Four judges (Fletcher, Wardlaw, Fisher, and Reinhardt) filed dissents, indicating that they disagreed with the decision. Judge Fletcher stated that there was a strong likelihood that the police tampered with the evidence and accused Judge Huff of deliberately ignoring the Court's instructions to perform proper testing, while Judge Wardlaw stated "as far as due process is concerned 25 years of flawed proceedings are as good as no proceedings at all." Eleven judges joined the dissents (fourteen votes were required to grant the request for a rehearing), though Judge Stephen Reinhardt hinted that the gap may have been closer. Judge Rymer, who authored the original panel decision, filed a concurrence defending both the original decision and the decision to deny an en banc hearing.
Inter-American Commission on Human Rights recommends a review
In April 2011 Cooper filed a petition with the Inter-American Commission on Human Rights(IACHR) alleging that his human rights had been violated in multiple respects by his prosecution, conviction and death sentence. The IACHR concluded that the United States had violated Articles I, II, XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The Commission found eight instances where Cooper's due process rights had been violated, that Cooper had received ineffective assistance of trial counsel, and that there were serious questions about racial discrimination in Cooper's prosecution. The IACHR recommended that Cooper be granted "effective relief, including the review of his trial and sentence."
American Bar Association recommendation for clemency
On Saturday, March 19, 2016, the president of the American Bar Association (ABA), Paulette Brown, submitted a letter to Governor of California Jerry Brown, suggesting that Cooper be granted clemency due to claims of racial bias, police misconduct, evidence tampering and poor-quality defense counsel. "We recommend that this investigation include testing of forensic evidence still available to be analyzed to put to rest the questions that continue to plague his death sentence. This is the only course of action that can ensure that Mr. Cooper receives due process and the protection of his rights under the Constitution," Ms. Brown wrote.
New DNA testing order by California Governor Brown
In May 2018, Nicholas Kristof wrote an article in The New York Times highlighting the case, arguing that the truth could be determined by doing advanced testing on the bloodstained t-shirt, the hatchet handle and the hand towel used by the murderer and including diagrams showing both that Lee Furrow's stepmother lived close to where the victim's car was recovered and that Officer Steven Moran most likely planted evidence to frame Cooper. Soon afterward, Kamala Harris and Dianne Feinstein both publicly called for advanced DNA testing. In response, DA Michael Ramos submitted a response to Cooper's petition, calling for the petition to be refused. Ramos would also file to have Cooper executed following his failed attempt to be re-elected.
On July 3, Jerry Brown hinted that he would potentially be willing to approve DNA Testing, sending Cooper's attorneys a list of questions. On August 17, the Defense submitted their response, revealing that they had managed to acquire Lee Furrow's DNA for testing. On October 6, Nick Kristof wrote a follow-up in which he reported that Lee Furrow had told him that he was now open for testing to "clear his name."
In December, 2018, outgoing California Governor Brown ordered new DNA testing in the Cooper case. Gavin Newsom expanded the order on February 22, 2019. The testing is ongoing.
- Kevin Cooper Clemency Project: Cooper's Background
- (CDCR), California Department of Corrections and Rehabilitation. "State of California Inmate Locator". inmatelocator.cdcr.ca.gov. Retrieved March 6, 2018.
- Ap (August 1, 1983). "Suspect in California Slayings Captured After Rape on Boat". The New York Times. ISSN 0362-4331. Retrieved January 21, 2019.
- Cooper, Kevin (February 2006). "Why Clemency Is a Joke". The New Abolitionist. Archived from the original on October 9, 2006. Retrieved December 26, 2006.
- Cooper v. Brown, 510 F.3d 870 (9th Cir. 2007).
- "Cooper v. Brown, 565 F.3d 581 (9th Cir. 2009)" (PDF). USCourts.gov.
- O'Connor, J. Patrick (2012). Scapegoat: the Chino Hills Murders and the Framing of Kevin Cooper. Rock Hill, SC: Strategic Media Books, LLC. p. 79. ISBN 978-0-9842333-7-3.
- Williams, Carol J. (January 3, 2010). "Doubts remain -- but legal recourse does not -- in Kevin Cooper case". The Los Angeles Times. Retrieved April 25, 2012.
- People v. Cooper, 53 Cal. 3d 771 (1991)
- O'Connor, J. Patrick (2012). Scapegoat: The Chino Hills Murders and the Framing of Kevin Cooper. Rock Hill, SC: Strategic Media, Inc. pp. 55–58. ISBN 978-0-9842333-7-3.
- O'Connor, J. Patrick (2012). Scapegoat: the Chino Hills Murders and the Framing of Kevin Cooper. Rock Hill, SC: Strategic Media, Inc. p. 59. ISBN 978-0-9842333-7-3.
- Cooper v. Brown, 565 F.3d 581 (2009), p.582
- Fletcher, William A. (April 12, 2010). "Justin L. Quackenbush Inaugural Lecture" (PDF).
- Nicholas D. Kristof "Kristof: Death row case reveals broken justice system." Durango Herald, May 21, 2018. Accessed 12/25/2018. https://durangoherald.com/articles/224816
- "THE CHARLEY PROJECT: Mary Sue Kitts." THE CHARLEY PROJECT. Last updated October 8, 2008. Accessed 12/25/2018. http://charleyproject.org/case/mary-sue-kitts
- "Clarence Ray Allen Summary." CA.gov. Accessed 12/26/2018. https://www.cdcr.ca.gov/Capital_Punishment/docs/ClarenceAllen.pdf
- "View Background - People v. Clarence Ray Allen." CA.gov, January 2006. Accessed 12/26/2018. https://oag.ca.gov/sites/all/files/agweb/pdfs/victimservices/CAllenPressPackE2.pdf
- "People v. Hamilton (1988)." Justia Cal. 3d › Volume 46. Accessed 12/26/2018. https://law.justia.com/cases/california/supreme-court/3d/46/123.html
- KGO Radio, Pat Thurston Show, 8p.m.,12-14-10
- "New DNA tests fail to exonerate Death Row inmate Kevin Cooper". Associated Press. August 6, 2004.
- Brooks, Richard (October 4, 2002). "DNA tends to confirm murderer". The Press-Enterprise. Archived from the original on September 28, 2007. Retrieved December 26, 2006.
- "DNA Testing Back in Cooper Case" (PDF). Attorney General's Office. October 3, 2002. Archived from the original (PDF) on December 2, 2007. Retrieved December 26, 2006.
- "Press release". Office of the Governor of California. January 30, 2004. Retrieved December 26, 2006.
- Petition for Executive Clemency, Kevin Cooper, December 17, 2010
- Cooper v. Brown, 565 F.3d 581, 599 (9th Cir. 2009)
- Exhibit 11, 29:22-31 of Petition for Executive Clemency 2010, citing transcript of miscellaneous hearing before the Hon. Marilyn Huff, Friday April 1, 2005
- [Petition, page 2]
- Letter to Norman Hile from Andrea Lynn Hoch, Legal Affairs Secretary to Governor Schwarzenegger, dated January 2, 2011
- Tadayon, Ali (September 23, 2015). "CHINO HILLS: Retrial sought for Kevin Cooper, convicted in 1983 massacre". The Press Enterprise. Retrieved October 28, 2015.
- "Bar seeks clemency for Kevin Cooper". March 19, 2016. Retrieved March 25, 2016.
- ALENE TCHEKMEDYIAN "Gov. Jerry Brown orders new tests in quadruple-murder case of death row inmate Kevin Cooper." Los Angeles Times, DEC 24, 2018. Accessed 12/25/2018. https://www.latimes.com/local/lanow/la-me-ln-kevin-cooper-20181224-story.html