Posted on 02/09/2004 11:42:35 AM PST by apackof2
SAN FRANCISCO - A condemned murderer whose bid for clemency was denied by Gov. Arnold Schwarzenegger won a stay of execution on Monday, hours before he was to be executed.
The 9th U.S. Circuit Court of Appeals granted a request for an 11-judge panel to rehear the case of Kevin Cooper, convicted in 1983 of hacking four people to death.
It was not clear when the panel would hear the latest challenge, which Cooper's attorneys filed Sunday. Cooper was scheduled to be executed at 12:01 a.m. Tuesday at San Quentin Prison after 19 years on death row.
Cooper won support from actors who oppose the death penalty including Denzel Washington, Sean Penn and Mike Farrell, and from the Rev. Jesse 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.
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.
On Sunday, a three-judge panel of the 9th Circuit rejected Cooper's legal claims by 2-1. Out of deference to the dissenting judge, the majority of the judges agreed to allow an 11-judge panel to review the case.
"There should be no hurry to execute Cooper," Judge James R. Browning wrote in his dissent Sunday, adding that the hair and blood evidence from the scene should be reexamined.
Also Sunday, Cooper's attorneys filed an appeal with the U.S. Supreme Court seeking to block the execution.
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.
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."
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.
Cooper's execution would have been the first in California in two years and is the first death penalty case Schwarzenegger had to deal with. 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.
I think maybe she had too much to drink.
The murders took place in 1983, so it has only been twenty one years. Yep, no need to hurry!
The trees won't let her... they don't like her either.
Now all she can find is mass murderers.
Me too. Hey remember when Sean Penn and Madonna were married? They got into a domestic "tiff", and he tied her to a chair. No wonder he's rooting for a convicted murderer.
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