Posted on 02/09/2004 10:40:36 AM PST by Inspectorette
Rev. Jesse Jackson, Celebrities Demonstrate Outside Schwarzenegger's Home
LOS ANGELES -- A federal appeals court granted a stay that may block the execution early Tuesday morning of condemned killer Kevin Cooper, who has won support from celebrities including Denzel Washington and the Rev. Jesse Jackson.
The 9th U.S. Circuit Court of Appeals on Monday morning granted a request for an 11-judge rehearing of the case. It would be California's first execution in two years. In his first such act as governor, Arnold Schwarzenegger denied clemency for Cooper.
It was not immediately clear when the en banc panel would hear the latest challenge.
Cooper, who was convicted in the 1983 hacking deaths of four people, was scheduled to be executed just after midnight at San Quentin Prison after 19 years on death row.
Cooper has gained support from such actors who oppose the death penalty as Washington, Sean Penn and Mike Farrell, and from Jackson and Rubin "Hurricane" Carter. In addition, three of the jurors who convicted Cooper called for a stay of execution so hair and blood evidence can be tested.
On Sunday, Cooper's legal claims were turned aside by a three-judge panel of the 9th Circuit. But Judge James R. Browning's dissenting opinion urged a stay of the execution so that attorneys for Cooper, who maintains his innocence, could pursue further legal avenues.
"There should be no hurry to execute Cooper," Browning wrote, adding that the hair and blood evidence from the scene should be reexamined. Cooper's attorneys have maintained that such evidence linking him to the crimes may have been planted or left by others who committed the murders.
The last execution in California was that of Stephen Anderson in 2002, when Schwarzenegger's predecessor, Gray Davis, refused to grant clemency.
The last California governor to grant clemency to a condemned murderer was Ronald Reagan, who in 1967 spared the life of a severely brain-damaged killer.
Cooper claims DNA evidence found at the scene, which matches his, was planted by authorities. He has repeatedly asked for renewed tests, but the courts have balked, saying there is no evidence of tampering and there is overwhelming evidence of Cooper's guilt.
Cooper maintains a trio of murderers committed the savage attacks, according to his attorney, David Alexander.
Cooper's attorneys also insisted they have new evidence in the case, producing a woman who said that on the night of the 1983 murders, she saw two men covered in blood at a bar near the scene of the killings.
About 100 death penalty opponents gathered Sunday near Schwarzenegger's home in Southern California, and hundreds planned a candlelight vigil outside the prison gates.
"This could be one of our biggest protests ever," said Lance Lindsay, executive director of Death Penalty Focus, a group that lobbies against the death penalty.
On Saturday, three of Cooper's jurors called for a stay of execution. They said blond hair found in the hands of one of the victims should be tested. The hair had not undergone DNA testing before the 1985 trial. Prosecutors believe the hair was that of the victim, sheared off as she was being hacked to death.
The mother of one of Cooper's victims, Mary Ann Hughes, dismissed the jurors' request.
"This is nothing new," she said. "It's stuff that has been looked at millions of times. This is just an example of the defense playing on the jurors emotions at the last minute."
Cooper, 46, was sentenced to death for the murders of Douglas and Peggy Ryen, both 41, their 10-year-old daughter, Jessica, and Christopher Hughes, her 11-year-old friend.
Hughes and her husband planned to be at Cooper's execution.
The San Bernardino County victims were stabbed and hacked repeatedly with a hatchet and buck knife. The Ryens' 8-year-old son, Joshua, had his throat slit, but survived.
Joshua Ryen, now a construction worker, was awakened the night of the murder by screaming and was left unconscious with a slashed throat, two hatchet wounds and two stab wounds, his lawyer, Milt Silverman, told the Los Angeles Times for a story in Monday editions.
"Josh wakes up from the attack in the deathly still bedroom, where the stench of blood was nauseating," Silverman told the newspaper. "He put all four fingers in his neck to stop his bleeding while he was staring closely at his mother -- dead, and covered in blood. Josh laid there 11 hours."
Ryen hired Silverman after he and his grandmother expressed doubts that Cooper acted alone, but Silverman said his investigation left the survivor convinced that Cooper was the lone killer.
When the murders were committed, Cooper was on the run after escaping from prison, where he had been serving a four-year sentence for burglary. Authorities speculated his motive was to steal the family's station wagon.
His murder knife and hatchet were found in the death house, the sheaths were found in the hideout house, where he was before and after the murders. The knife and axe belonged in the hideout house.
His unique size ten "prisons only" Keds left footprints in both houses.
The blond hair is the victim's. This is old stuff, a rehashed lie of desperation by Lannie Davis. BTW, he was expelled from college for plagiarism. A lying crook to his core.
Umm, if you claim they were planted, then your DNA re-tests should still match the original ones. Why should the court bother with re-tests if this is his argument (which wasn't bought by the first several courts)?
”Guns Before Butter.”
It's still possible for prisoners to harm others even without escaping - fellow prisoners, guards, etc. When we have 24/7 solitary, with meals pushed through doors on a tray, then I'll be opposed to the death penalty too. Or almost - I agree with Pat Buchanan that a murderer should not have the comfort of knowing that no matter how heinous his crimes, his own life will never be taken from him. So I'd keep the DP on the books, but very rarely impose it.
Somebody should execute the 9th Circuit.
Interesting the 9th Circuit took no interest in a stay of execution when it was a commie-lib governor with his hand on the switch. I wonder what Anderson was guily of? Reading the Bible in public perhaps?
THE FACTS ABOUT SENATOR JOHN KERRY (D-MA)
KERRY: DUKAKIS
'S LT. GOV. WHO VOTESOn Key Votes, Kerry Voted 100% Of The Time With Senator Kennedy In 2001, 1999, 1998, 1993, 1992, 1989, 1988, 1987, 1986, and 1985. Over the course of his Senate career, Kerry has sided with Senator Kennedy 94% of the time for key votes.
As Michael Dukakis' Lt. Governor From 1983-1985, Kerry Supported Granting Prison Furloughs To Hundreds Of Massachusetts Inmates. Later as a U.S. Senator in 1988, he defended the program: "The furlough program in Massachusetts is tougher than the federal program." (John King,
"Bush Surrogate Gets Ambushed In Dukakis Territory," The Associated Press, July 6, 1988)KERRY CLAIMS HE
'S FOR FISCAL RESPONSIBILITY, BUT VOTES FOR HIGHER TAXES, AND AGAINST TAX CUTSKerry Has Voted Against A Balanced Budget Amendment At Least Five Times. Other fiscally irresponsible votes include at least three key votes against lowering overall spending.
Kerry Voted Against President Bush's Tax Cuts, At Least The Tenth Key Anti-Tax Relief Vote Of His Senate Career.
Kerry Voted For The Biggest Tax Increase In American History Under President Clinton.
Kerry Has A Lifetime Rating Of 26% From Citizens Against Government Waste And Is A Long-Time Supporter Of Federal Funding For Boston's "Big Dig." Former Senate Government Affairs Chairman John McCain called the project "the biggest, most costly public works project in U.S. history." The "Big Dig" was estimated to cost $2.6 billion when it was approved in 1985. The cost to date has totaled more than $13.6 billion. (
"Congressional Ratings," Citizens Against Government Waste Website, www.cagw.org, Accessed January 7, 2003; Natalie M. Henry, "Senate Commerce Investigates Overspending On Boston's €˜Big Dig,'" Environment And Energy Daily, May 3, 2000)KERRY IS EXTREME ON ABORTION, SUPPORTING FEDERAL FUNDING AND PARTIAL-BIRTH ABORTIONS
Kerry Voted At Least Three Times Against Banning Partial-Birth Abortions.
Kerry Voted To Allow Federal Funding Of Abortions And To Provide Abortion Counseling In Federally-Funded Clinics.
KERRY IN DEPTH
KERRY: DUKAKIS
'S LT. GOV. WHO VOTESOn Key Votes, Kerry Voted 100% Of The Time With Senator Kennedy In 2001, 1999, 1998, 1993, 1992, 1989, 1988, 1987, 1986, and 1985. Over the course of his Senate career, Kerry has sided with Senator Kennedy 94% of the time for key votes. (Roll Call Key Votes, http://oncongress.cq.com, December 2001)
Kerry's Lifetime Vote Rating From Americans For Democratic Action Is Five Points Higher Than That Of Fellow Massachusetts Senator Ted Kennedy. While Kennedy only rates an 88 lifetime average, Kerry has a lifetime average of 93. (Americans For Democratic Action Website, www.adaction.org, Accessed December 9, 2002)
Kerry And Kennedy Had Exactly The Same Low Rating From The American Conservative Union In Both 2001 (4%) And 2000 (12%). Kerry
's lifetime rating from the ACU is 5%. (American Conservation Union Website, www.acuratings.org, Accessed December 9, 2002)Kerry Is Against The Death Penalty.
"I'm opposed to the death penalty in the criminal justice system because I think it's applied unfairly . . . ." (NBC's "Meet The Press," December 1, 2002)Kerry Is An Extreme Environmentalist Who Voted With The Activist Group, The League Of Conservation Voters, An Average Of 95% Of The Time In The Last Three Congresses. (League Of Conservation Voters Website, www.lcv.org, Accessed December 9, 2002)
Kerry Has Voted For At Least Seven Major Reductions In Defense And Military Spending Necessary For Our National Security. (S. 1438, Roll Call Vote #286: Motion agreed to 53-47: R 21-28; D 31-19, September 25, 2001; S. 1087, Roll Call Vote #397: Passed 62-35: R 48-4; D 14-31, September 5, 1995; S. 1298, Roll Call Vote #251: Adopted 50-48: R 6-36; D 44-12, September 9, 1993; S. 3114, Roll Call Vote #182: Motion Rejected 43-49: R 34-5; D 9-44, August 7, 1992; S. 2399, Roll Call Vote #56: Motion rejected 50-48: R 3-40; D 47-8, March 26, 1992; H.R. 2707, Roll Call Vote #182: Motion Rejected 28-69 R 3-39; D 25-30, September 10, 1991; S. 1352, Roll Call Vote #148: Motion agreed to 50-47: R 37-6; D 13-41, June 27, 1989)
As Michael Dukakis' Lt. Governor From 1983-1985, Kerry Supported Granting Prison Furloughs To Hundreds Of Massachusetts Inmates. Later as a U.S. Senator in 1988, he defended the program: "The furlough program in Massachusetts is tougher than the federal program." (John King,
"Bush Surrogate Gets Ambushed In Dukakis Territory," The Associated Press, July 6, 1988)KERRY CLAIMS HE
'S FOR FISCAL RESPONSIBILITY, BUT HAS A HISTORY OF VOTING FOR HIGHER TAXES AND AGAINST TAX CUTSKerry Called For "Fiscal Responsibility," Just Like When He Voted For The 1993 Tax Hike, The Largest In History. "All the Democrats have generally resisted the GOP proposal to make the tax cuts permanent. . . . Massachusetts Sen. John Kerry called for a return to the fiscal responsibility we gave this country in 1993 when we passed the Deficit Reduction Act.'" (Will Lester,
"Top Democrats Complain About Bush Economic Plans, But Some Steer Away From Tax Debate," The Associated Press, October 15, 2002)Kerry Has A Lifetime Rating Of 26% From Citizens Against Government Waste And Is A Long-Time Supporter Of Federal Funding For Boston's "Big Dig." Former Senate Government Affairs Chairman John McCain called the project "the biggest, most costly public works project in U.S. history." The "Big Dig" was estimated to cost $2.6 billion when it was approved in 1985. The cost to date has totaled more than $13.6 billion. (
"Congressional Ratings," Citizens Against Government Waste Website, www.cagw.org, Accessed January 7, 2003; Natalie M. Henry, "Senate Commerce Investigates Overspending On Boston's €˜Big Dig'," Environment and Energy Daily, May 3, 2000)Kerry Voted Against President Bush's Tax Cuts, At Least The Tenth Major Anti-Tax Relief Vote Of His Senate Career. (H.R. 1836, Roll Call Vote #165: Adopted 62-38: R 50-0; D 12-38, May 23, 2001; H. Con. Res. 83, Roll Call Vote #69: Adopted 53-47: R 4-46; D 49-1, April 4, 2001; S. 1429, Roll Call Vote #247: Passed 57-43: R 52-2; D 4-41; I 1-0, July 30, 1999; H.R. 2646, Roll Call Vote #169: Adopted 59-36: R 51-2; D 8-34, June 24, 1998; H.R. 2646, Roll Call Vote #288: Rejected 56-41: R 54-1; D 2-40, October 30, 1997; H. Con. Res. 84, Roll Call Vote #92: Adopted 78-22: R 41-14; D 37-8, May 23, 1997; S. 1028, Roll Call Vote #72: Adopted 52-46: R 5-46; D 47-0, April 18, 1996; H.R. 2264, Roll Call Vote #190: Passed 50-49: R 0-43; D 49-6, June 25, 1993; H. Con. Res. 64, Roll Call Vote #83: Adopted 54-45: R 0-43; D 54-2, March 25, 1993; H.R. 3628, Roll Call Vote #298: Rejected 51-47 (needed 2/3 majority): R 45-0; D 6-47, November 15, 1989)
In September 2001, Kerry Said We Should Not Raise Taxes In An Economic Downturn.
"The first priority is the economy of our nation. And when you have a downturn in the economy, the last thing you do is raise taxes or cut spending. We shouldn't do either. We need to maintain a course that hopefully will stimulate the economy. . . . No, we should not raise taxes, but we have to put everything on the table to take a look at why we have this structural problem today. . . . you don't want to raise taxes." (NBC's "Meet The Press," September 2, 2001)In April 2002, Kerry Said He Wanted A Larger Tax Cut And Was "Not In Favor Of" A Repeal. CNN's Tucker Carlson: "Senator Kerry, . . . [many Democrats] [g]et a lot of political mileage out of criticizing [President Bush's tax cut], but nobody has the courage to say repeal it. Are you for repealing it?" Kerry: "It's not a question of courage. . . . And it's not an issue right now. We passed appropriately a tax cut as a stimulus, some $40 billion. Many of us thought it should have even maybe been a little bit larger this last year . . . . [T]he next tax cut doesn't take effect until 2004. If we can grow the economy enough between now and then, if we have sensible policies in place and make good choices, who knows what our choices will be. So it's simply not a ripe issue right now. And I'm not in favor of turning around today and repealing it." (CNN
In December 2002, Kerry Flip-Flopped. NBC's Tim Russert: "Senator . . . should we freeze or roll back the Bush tax cut?" Kerry: "Well, I wouldn't take away from people who've already been given their tax cut . . . . What I would not do is give any new Bush tax cuts. . . ." Russert: "So the tax cut that's scheduled to be implemented in the coming years . . . ." Kerry: "No new tax cut under the Bush plan. . . . It doesn't make economic sense." Russert: "Now, this is a change, because let me show you what you said in September of 2001 when I asked you the very same question." (NBC
Kerry Voted At Least Five Times To Raid The Social Security Trust Fund. (H.R. 2014, Roll Call Vote #211: Conference Report Agreed To 92-8: R 55-0; D 37-8, July 31, 1997; H.R. 2264, Roll Call Vote #247: Conference Report Agreed To 50-50, With Vice President Gore Voting Yea: R 0-44; D 50-6, August 6, 1993; H.Con.Res. 268, Roll Call Vote #167: Conference Report Agreed To 58-29: R 21-20; D 37-9, June 6, 1988; H.R. 3545, Roll Call Vote #419: Conference Report Agreed To 61-28: R 18-23; D 43-5, December 21, 1987; H.R. 3128, Roll Call Vote #379: Conference Report Agreed To 78-1: R 40-1; D 38-0, December 19, 1985)
KERRY IS EXTREME ON ABORTION, SUPPORTING FEDERAL FUNDING OF ABORTIONS AND PARTIAL-BIRTH ABORTIONS
Kerry Voted At Least Three Times Against Banning Partial-Birth Abortions. (H.R. 1833, Roll Call Vote #596: Adopted 54-44: R 45-8; D 9-36, December 7, 1995; H.R. 1833, Roll Call Vote #301: Veto Override Rejected 57-41: R 45-6; D 12-35, September 26, 1996; H.R. 1122, Roll Call Vote #277: Veto Override Rejected 64-36: R 51-4; D 13-32, September 18, 1998)
KERRY'S KEY VOTES 107th Congress, 2001 Senate Votes Against The Bush Tax Cut: Kerry voted against a $1.35 trillion tax cut package to reduce income-tax rates, alleviate the
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For Reducing Size Of The Tax Cut: Kerry voted to reduce Bush's proposed tax cut ceiling by $448 billion over 10 years. (H. Con. Res. 83, Roll Call Vote #69: Adopted 53-47: R 4-46; D 49-1, April 4, 2001) |
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Against Ashcroft Nomination: Kerry voted against confirming John Ashcroft to be Attorney General. (Roll Call Vote #8: Confirmed 58-42: R 50-0; D 8-42, February 1, 2001) |
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106th Congress, 1999-2000 Senate Votes |
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Against Genetic Privacy: Kerry voted against approving a GOP plan to restrict use of genetic information by health insurers. (Amendment To H.R. 4577, Roll Call Vote #165: Amendment Passed 58-40: R 55-0; D 3-40, June 29, 2000) |
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For Expanding Hate Crime Protections: Kerry voted to include gender, sexual orientation and disability in federal hate crime protections. (Amendment To S. 2549, Roll Call Vote #136: Amendment Passed 57-42: R 13-41; D 44-1, June 20, 2000) |
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Against Reducing Taxes: Kerry voted against reducing federal taxes by $792 billion over 10 years. (S. 1429, Roll Call Vote #247: Passed 57-43: R 53-2; D 4-41, July 30, 1999) |
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105th Congress, 1997-98 Senate Votes |
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Against Banning Partial-Birth Abortion: Kerry voted against a ban on "partial-birth" abortions. (H.R. 1122, Roll Call Vote #277: Rejected 64-36: R 51-4; D 13-32, September 18, 1998) |
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Against Banning Cloning: Kerry voted against allowing vote to ban human cloning. (S. 1601, Roll Call Vote #10: Cloture Motion Rejected 42-54: R 42-12; D 0-42, February 11, 1998) |
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Against Educational Savings Accounts: Kerry voted against allowing a vote to create educational savings accounts. (H.R. 2646, Roll Call Vote #288: Cloture Motion Rejected 56-41: R 54-1; D 2-40, October 30, 1997) |
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Against Fiscally Responsible Budget: Kerry voted against approving a GOP budget to cut spending and taxes. (H. Con. Res. 84, Roll Call Vote #92: Adopted 78-22: R 41-14; D 37-8, May 23, 1997) |
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Against Balanced-Budget Amendment: Kerry voted against approving a balanced-budget constitutional amendment. (S.J. Res. 1, Roll Call Vote #24: Rejected 66-34: R 55-0; D 11-34, March 4, 1997) |
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104th Congress, 1995-96 Senate Votes |
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Against Balancing The Budget: Kerry voted against a bipartisan plan to balance the budget in seven years. (S. Con. Res. 57, Roll Call Vote #150: Rejected 46-53: R 22-30; D 24-23, May 23, 1996) |
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Against Tort Reform: Kerry voted against allowing a vote to approve a cap on punitive damages in product liability cases. (H.R. 956, Roll Call Vote #152: Rejected 47-52: R 45-9; D 2-43, May 4, 1995) |
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103rd Congress, 1993-94 Senate Votes |
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Against Spending Reductions: Kerry voted to kill an amendment to reduce budget spending by $94 billion. (H.R. 3759, Roll Call Vote #35: Motion To Table Adopted 65-31: R 23-19; D 42-12, February 9, 1994) |
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For The Largest Tax Increase In American History: Kerry voted to pass Clinton's budget that raised taxes and cut spending. (H.R. 2264, Roll Call Vote #247: Adopted 51-50: R 0-44; D 50-6, With Vice President Gore Voting "Yea," August 6, 1993) |
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102nd Congress, 1991-92 Senate Votes |
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Against Stopping Missile Defense Spending Cuts: Kerry voted against a motion to kill an amendment that proposed deeper cuts in SDI spending. (S. 3114, Roll Call Vote #182: Motion To Table Rejected 43-49: R 34-5; D 9-44, August 7, 1992) |
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Against School Choice: Kerry voted against approving a school-choice pilot program. (S. 2, Roll Call Vote #5: Rejected 36-57: R 33-6; D 3-51, January 23, 1992) |
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Against Thomas Nomination: Kerry voted against confirming Clarence Thomas to the Supreme Court. (Roll Call Vote #220: Confirmed 52-48: R 41-2; D 11-46, October 15, 1991) |
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For Defense Spending Reductions: Kerry voted to transfer $3.1 billion to domestic programs from Defense department accounts. (H.R. 2707, Roll Call Vote #182: Motion Rejected 28-69 R 3-39; D 25-30, September 10, 1991) |
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Against Persian Gulf War: Kerry voted against authorizing the use of force in the Persian Gulf. (S.J. Res. 2, Roll Call Vote #2: Passed 52-47: R 42-2; D 10-45, January 12, 1991) |
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101st Congress, 1989-90 Senate Votes |
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Against Flag Burning Amendment: Kerry voted against a constitutional amendment on flag desecration. (S.J. Res. 332, Roll Call Vote #128: Rejected 58-42: R 38-7; D 20-35, June 26, 1990) |
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Against Parental Notification For Minors' Abortions: Kerry voted to kill an amendment requiring parental notice for minors' abortions. (H.R. 5257, Roll Call Vote #266: Motion To Table Rejected 48-48: R 8-34; D 40-14, October 12, 1990) |
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Against Considering A Capitol Gains Tax Cut: Kerry voted against allowing a vote on a capital gains tax cut. (H.R. 3628, Roll Call Vote #295: Motion To Table Rejected 51-47 (Needed 2/3 Majority): R 45-0; D 6-47, November 14, 1989) |
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100th Congress, 1987-88 Senate Votes |
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Against Death Penalty For Drug-Related Murders: Kerry voted against approving the death penalty for drug-related murders. (S. 2455, Roll Call Vote #175: Passed 65-29: R 37-6; D 28-23, June 10, 1988) |
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"I'm opposed to the death penalty in the criminal justice system because I think it's applied unfairly
I’m opposed to the death penalty.....because I’m for a worse punishment... . . ."
(NBC's "Meet The Press," December 1, 2002)
Boy, those names make me wanna listen..NOT.
I almost would be willing to make a compromise here. Let Cooper serve a life term if we get to execute Penn, Asner, Farrell, and Hurricane Carter.
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