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Appeals Court Grants Stay To Condemned Killer Cooper
KNBC.TV ^ | 02/02/04

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.


TOPICS:
KEYWORDS: 9thcircuit; 9thcircus; execution; kevincooper; murderer
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Sorry if this has already been posted; did a Search, didn't see anytning - just heard it on KFI.
1 posted on 02/09/2004 10:40:38 AM PST by Inspectorette
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To: Inspectorette
"There should be no hurry to execute Cooper," Browning wrote..

Yeh, after all, he's only been on death row for nerly 20 years. We shouldn't be in any hurry to execute him.

2 posted on 02/09/2004 10:44:25 AM PST by freedomluvr1778
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To: Inspectorette
FACTS:

1. The killer left bloody shoe prints. SAme size and as Cooper and we're issued ONLY to prisoners.

2. Someone in the victims house called COOPERS ex-girlfriend. Who could that be......maybe COOPER!?!?!?

3. The hairs found in the girls hand were because the victim had blood on her hand and then her hand it the floor and hairs in the house (which can last in a persons home for up to 2-3 years) was stuck to her hand.

3 posted on 02/09/2004 10:44:46 AM PST by stuck_in_new_orleans
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To: Inspectorette
Thanks,, Just saw it to.

Here's an AP from OC Register

Feb 9, 12:57 PM EST

Appeals court grants stay to condemned killer Kevin Cooper


SAN FRANCISCO (AP) -- 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.

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.

---

On the Net:

Death Penalty Information Center: http://www.deathpenaltyinfo.org


4 posted on 02/09/2004 10:44:54 AM PST by NormsRevenge (Semper Fi Mac ... Support Out Troops! ... Have you hugged yur local bureaucrats today?)
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To: Inspectorette
Soooo.... this P.O.S. has been on death row for 19 years and some jack-wipe on the 9th Circuit is afraid we're rushing to put him to death???
 
As a Catholic, I have some serious reservations about the Death Penalty, but when I realize that if delusional, America hating, killer cuddlers like B.J. Honeycutt, The Mighty Quinn, and Spicolli are working to set murderers back out on the street, I come down in favor of it. 
 
Owl_Eagle

”Guns Before Butter.”

5 posted on 02/09/2004 10:47:06 AM PST by End Times Sentinel ("24 hours in a day, 24 beers in a case. Coincidence? I think not.")
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To: freedomluvr1778
Liberal Hollyweird projectile barf alert.
6 posted on 02/09/2004 10:47:09 AM PST by boomop1
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To: NormsRevenge
The usual suspects: Jesse Jackson, Mike Farrell, and the terminally stupid Sean Penn, amongh others. I'm disgusted, but not surprised by the stay.
7 posted on 02/09/2004 10:48:20 AM PST by Inspectorette
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To: Inspectorette
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.

Regardless of one's opinion on the death penalty, the defense is not arguing for the sentence to be reduced to life, they are STILL saying he didn't do it, which he did. I can respect a position, but eitehr these people have been duped(most likely) or are being very disengenuous(regardless of the above mentioned person's politics, they do support at least life in prison for murder).

8 posted on 02/09/2004 10:52:22 AM PST by freedomluvr1778
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To: Inspectorette
"There should be no hurry to execute Cooper," Browning wrote

Sure, what's the hurry? We're only coming up on the twentieth ****ing anniversary of the hatchetfest. Let's take our time, so the murderer can die of old age, surrounded by his celebrity fans.

I've been looking pretty hard this month for reasons to vote again for Bush next November. "At least Bush isn't an anti-death penalty bleeding heart" is going into the Pro column right now.

9 posted on 02/09/2004 10:54:19 AM PST by hellinahandcart (Don't Worry. Be Happy.)
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To: Owl_Eagle
I have some serious reservations about the Death Penalty, but when I realize that if delusional, America hating, killer cuddlers like B.J. Honeycutt, The Mighty Quinn, and Spicolli are working to set murderers back out on the street, I come down in favor of it.

As much as I disagree with the politics of Denzell, Penn and others mentioned, I seriously doubt they actually support putting murderes on the street or there being no penalty for murder, as you state and imply. They are just dupes in the anti-death penalty folk's game.

10 posted on 02/09/2004 10:54:57 AM PST by freedomluvr1778
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Comment #11 Removed by Moderator

To: Inspectorette
I saw Je$$e HiJackson on a local station and he brought up the hair and the 3 bloody white guys, one or more of which were blonde. We'll see.. the 9th may end up saying say fuhgeddaboudit, who knows.
12 posted on 02/09/2004 10:59:14 AM PST by NormsRevenge (Semper Fi Mac ... Support Out Troops! ... Have you hugged yur local bureaucrats today?)
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To: NormsRevenge
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.

Uh huh. That's evidence. Two men in a bar with something red on them, twenty years ago. Hatchet murderers always declare Miller Time right after they're done, and never take time to shower or change clothes. What were we thinking, convicting Cooper?

13 posted on 02/09/2004 11:02:38 AM PST by hellinahandcart (Don't Worry. Be Happy.)
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To: Inspectorette
You forget The 9th U.S. Circuit Court.
14 posted on 02/09/2004 11:02:53 AM PST by Indy Pendance
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To: Inspectorette
When Sean Penn and Micheal Farrel defend someone, you can guarantee that he is guilty. This guy is a waste of time and money.
15 posted on 02/09/2004 11:08:14 AM PST by KC_Conspirator (This space for rent)
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To: Indy Pendance
The 9th U.S. Circus Court of Appeals? Unfortunately, it's pretty hard to forget them, when they have succeeded in making a mockery of the justice system many times over.
16 posted on 02/09/2004 11:10:21 AM PST by Inspectorette
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To: Inspectorette
In our upside-down legal system, we must give deference to the convicted criminal murderer, and the victims, long dead by his hand, are hardly remembered, but in any event are of no consequence

Let him sweat a little longer -- getting right up to the last hours, forcing him to focus on his mortal life, and then pulling back the executioner's hand is like cocking the trigger of a gun pressed against your head and then pulling back only to cock it again later. He deserves to experience just a hint of what his victims did.
17 posted on 02/09/2004 11:10:46 AM PST by CedarDave (Waiting too long to bail the boat greatly increases the chance of sinking [Bush campaign silence])
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To: Inspectorette
Once again, justice delayed. And celebrities dancing on the victim's graves. How revolting. Always on the side of the evil, whether the former dictator of Iraq, or this murderer.
18 posted on 02/09/2004 11:14:13 AM PST by TheDon (Have a Happy Valentine's Day!)
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To: Inspectorette
I figured this would happen...funny how the usual suspects were clamoring for his stay...

I think this is a good thing, as it once again shows the 9th Circuit court for what they are....


19 posted on 02/09/2004 11:17:39 AM PST by BurbankKarl
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To: TheDon
And celebrities dancing on the victim's graves

The worst part of it is that the media actually seems to take the opinions of these idiot Hollywood-types seriously. Or maybe the media knows that they're idiots, and they are using them to further their own liberal agenda = useful idiots :-(

20 posted on 02/09/2004 11:18:44 AM PST by Inspectorette
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