California

California

American Bar Association Urges Reprieve to Allow Full Investigation of Kevin Cooper's Innocence Claims

American Bar Association President Paulette Brown has sent a letter to California Govenor Jerry Brown urging him to grant a reprieve to death row inmate Kevin Cooper to permit a full investigation of Cooper's possible innocence. The ABA President wrote: "Mr. Cooper’s arrest, prosecution, and conviction are marred by evidence of racial bias, police misconduct, evidence tampering, suppression of exculpatory information, lack of quality defense counsel, and a hamstrung court system. We therefore believe that justice requires that Mr. Cooper be granted an executive reprieve until the investigation necessary to fully evaluate his guilt or innocence is completed." The ABA letter described Cooper's case as "a particularly unique example of a criminal justice system falling short at every stage" and referenced a ruling by the Inter-American Commission on Human Rights that Cooper’s conviction and sentence violated his human rights. Cooper has exhausted all appeals in his case, but evidence that was previously suppressed as a result of official misconduct raises questions about his guilt. New evidence includes a statement by the surviving victim that the perpetrators were white or Hispanic (Cooper is black); police destruction of a pair of blood-spattered overalls before testing could take place; and unreliable forensic testing that may indicate evidence contamination. In 2009, five judges of the U.S. Circuit Court of Appeals dissented from the court's decision to uphold Cooper's conviction, writing, "The State of California may be about to execute an innocent man." The ABA letter agrees, asking Gov. Brown to use his clemency power to review the case: "We request that you grant this reprieve and order a meaningful investigation into Mr. Cooper’s case to prevent the possibility of a miscarriage of justice—one that can never be undone."

California Inmate Raises Innocence Claims As State Seeks to Resume Executions

As California's new lethal injection protocol moves the state towards resuming executions, Kevin Cooper (pictured, left) is seeking clemency from Gov. Jerry Brown on the grounds that he is innocent. Cooper - one of 18 death-row prisoners who have exhausted their court appeals and face execution - was sentenced to death for the 1983 murders of a married couple, their 10-year-old daughter, and the daughter's 11-year-old friend. However, evidence that was suppressed as a result of police and prosecutorial misconduct raises serious questions as to his guilt. The key witness against Cooper was the 8-year-old son of the murdered couple, who was gravely injured, but survived the attack. On the day of the murders, the boy said that three white or Hispanic men had committed the killings, and after seeing photos of Cooper on television, he told his grandmother and a sheriff's deputy that Cooper - who is black - was not the killer. After subsequent interrogations by deputies, in which they misrepresented his recollections, he later identified Cooper as the sole killer and testified to that effect at Cooper's trial. Cooper's lawyers were denied an opportunity to cross-examine him. Prosecutors also presented evidence at trial that shoeprints from the crime scene had to belong to Cooper, because he had recently escaped from prison and the prints matched prison-issued shoes that weren't available to the public. A warden from the prison, however, had provided investigators with information rebutting that assertion, but prosecutors hid the warden's statements from the jury. Police also illegally destroyed blood-splattered pants given to them by a woman who believed her husband had been involved in the murders, eliminating an essential piece of evidence that could have helped Cooper prove his innocence. Finally, independent testing of a blood sample that the state claimed had been drawn from Cooper found two different sets of DNA, meaning that the sample had either been contaminated or deliberately altered. In 2009, the U.S. Court of Appeals for the Ninth Circuit upheld Cooper's conviction, but five judges wrote a strong dissent detailing the misconduct and concluding that it was, "highly unlikely that Cooper would have been convicted," without it.

PUBLIC OPINION: Support for Repealing Death Penalty Grows in California

A recent survey of Californians conducted by The Field Poll found that voters are evenly split between wanting to speed up the execution process (48%) and supporting repeal of the death penalty and replacing it with life without parole (47%). Support for repeal has grown since 2014, when the question was last asked. At that time, 40% favored replacing the death penalty with life without parole and 52% supported speeding up the process. Californians may face a choice between the two options in November, as competing initiatives have been proposed. Republicans, whites, and voters over age 50 were more likely to support speeding up executions, while Democrats, Hispanics, blacks, and voters under 50 favored repealing the death penalty. "There continues to be a very strong movement away from support for the death penalty in California,” said Matt Cherry, executive director of Death Penalty Focus, an organization that is supporting the initiative to repeal the death penalty. (click graphic to enlarge).

EDITORIALS: Newspapers Stress Findings from DPIC's 2015 Year End Report

Several newspapers across the country featured themes from DPIC's 2015 Year End Report in editorials and opinion pieces at the end of December:

"Once broadly accepted, capital punishment is increasingly a fringe practice. A handful of states conduct nearly all executions. Four — Texas, Missouri, Georgia and Florida — carried out 93 percent of them in 2015. Sixty-three percent of new death sentences came from a mere 2 percent of U.S. counties, a group with a history of disproportionately using the death penalty.Bad policy encourages this sort of excess: Three states — Alabama, Delaware and Florida — do not require juries to be unanimous when recommending a death sentence. A quarter of new sentences came from split juries in these states."

"Not only did executions drop in 2015, but the number of people sentenced to death also hit an historic low, the center said. That could be due to a growing skepticism by jurors of a system susceptible to manipulation through coerced testimony or other misconduct...— or there could be some other reason for a decline in convictions on capital punishment charges...What is clear is that there's no correcting an execution if later evidence shows the prosecution was wrong...Abolition is the direction of the future, and the U.S. should join."

"[T]he fact that new death sentences were at an all-time low in Texas this year is reason to applaud...Texas’ declines mirror numbers across the nation. According to the Death Penalty Information Center’s year-end report, death sentences dropped 33 percent from 2014, with 49 people being sentenced to death this year. Just six states carried out executions, the fewest since 1998...Confidence in the system’s integrity is waning. It should only follow that support for the death penalty follows suit."
 
 
"In 2015, in fact, otherwise proudly liberal California led the nation in death sentences with 14, even as the national number dropped to 49, the fewest since capital punishment was reinstated in 1976, according to the Death Penalty Information Center. Of California’s death sentences, eight were in Riverside County (including five of the eight Latinos sentenced to death nationwide), plus three in Los Angeles and one in Orange...If we’re going to have the death penalty, shouldn’t it be at least somewhat consistent across the state?"

"As Florida becomes more isolated in its administration of the death penalty, the state is getting deserved scrutiny for problems with the practice. A year-end report from the Washington, D.C.-based Death Penalty Information Center found just three states — Alabama, California and Florida — accounted for more than half of the nation’s new death sentences in 2015. More than a quarter of this year’s death sentences were imposed by Florida and Alabama after non-unanimous jury recommendations of death — a practice allowed in just those two states and Delaware. ...As Florida officials have pushed to speed up the pace of executions, the Death Penalty Information Center found the rest of the country is heading in the opposite direction. A dozen states haven’t executed anyone in at least nine years, while 18 states and the District of Columbia have outlawed the death penalty altogether. ... As most other states move away from the death penalty, it is long past time for Florida to follow their lead."

"A Reading Eagle investigation in October found nearly one in five Pennsylvania inmates sentenced to death the past decade were represented by attorneys disciplined for professional misconduct at some point in their careers. And the majority of these disciplined attorneys had been found by Pennsylvania courts to be ineffective in at least one capital case. More than 150 inmates sentenced to death in the U.S. have been exonerated since 1973, according to data compiled by the Death Penalty Information Center in Washington. Sooner or later an innocent person will be executed, if it hasn't happened already...It is time to end the death penalty in Pennsylvania." (This editorial announced the end of the Eagle's prior position supporting the death penalty under limited circumstances.)

Appeals Court Overturns Challenge to California Death Penalty on Procedural Grounds

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit has overturned a California federal district court decision that had declared California's death penalty unconstitutional, saying that the issue presented "a novel constitutional rule" that was beyond the power of the federal courts to address in a habeas corpus proceeding. The appeals court did not address the constitutionality of California's death penalty, saying that because of technical procedural rules "we may not assess the substantive validity of [this] claim." U.S. District Court Judge Cormac Carney had ruled in 2014 in the case of Ernest D. Jones that the lengthy delays and arbitrariness in California's death penalty system rendered it unconstitutionally cruel and unusual. Judge Susan P. Graber (pictured), who wrote the 9th Circuit's decision, said, "Many agree with petitioner that California’s capital punishment system is dysfunctional and that the delay between sentencing and execution in California is extraordinary." However, she said "the purpose of federal habeas corpus is to ensure that state convictions comply with the federal law in existence at the time the conviction became final, and not to provide a mechanism for the continuing re-examination of final judgments based upon later emerging legal doctrine." California has the largest death row in the nation, but has carried out only 13 executions since 1978, and none since 2006. Jones has been on California's death row since 1995. The appeals court decision sends the case back to the district court to address other challenges to the constitutionality of Jones' conviction and death sentence that Judge Carney did not decide when he declared California's death penalty unconstitutional. 

California Law Aims to Reduce Prosecutorial Misconduct

California has enacted a new law giving judges greater authority to remove individual prosecutors - and in some instances entire prosecutorial offices - from cases if they willfully withhold evidence from the defense. Passage of the law was prompted by disclosure of systemic misuse of jailhouse informants by Orange County prosecuters, which led Superior Court Judge Thomas Goethals (pictured) to bar the entire Orange County District Attorney's Office from participation in a death penalty case earlier this year. That misconduct included secretly using jailhouse informants to elicit confessions from suspects after they had invoked their right to counsel - a practice that has been declared unconstitutional - lying to the courts about the use of informants, and withholding potentially exculpatory evidence. In addition to providing judges expanded authority to remove offending prosecutors from cases, the new law requires judges to report such prosecutors to the state bar, which may take disciplinary action. While denying that there had been any "interntional bad faith withholding of evidence" by prosecutors in his office, Orange County District Attorney Tony Rackaukus praised the statute, calling it "a good law." Jeff Thoma, the president of California Attorneys for Criminal Justice, said, "The public deserves to have confidence that prosecutors are committed to playing by the rules instead of trying to win at all costs. I applaud the passage of AB1328 and it being signed into law. I believe this has the positive effect of insuring greater due process by reducing (discovery) violations and holding those accountable that do so in bad faith."

Ninth Circuit Hears Arguments on Constitutionality of California Death Penalty

 On August 31, the U.S. Court of Appeals for the Ninth Circuit heard argument in Jones v. Davis, an appeal by California of the 2014 U.S. District Court ruling that declared California's death penalty unconstitutional. In 2014, U.S. District Court Judge Cormac Carney held that the decades-long delays caused by California's failure to provide lawyers for nearly 350 of its death-row prisoners made its death penalty system unconstitutionally cruel and unusual. He said that the “random few” whom California eventually executes - to date, just 13 out of more than 900 individuals sentenced to death - “will have languished for so long on death row that their execution will serve no retributive or deterrent purpose and will be arbitrary.” Lawyer Michael Laurence (pictured, left), representing death row inmate Ernest Dewayne Jones, called the state's death penalty system "dysfunctional." He argued that California's death penalty produces the same type of arbitrary outcomes that led the Supreme Court to invalidate death penalty statutes nationwide in 1972 in the landmark case of Furman v. Georgia. Lawyers from the California Attorney General's Office argued that the delays in this case are different from the issues presented to the Court in Furman and that the lengthy appeals process is evidence of careful efforts to protect the constitutional rights of people who have been sentenced to death. The Ninth Circuit must decide whether to address the substance of Jones' claim or sidestep the issue on procedural grounds. If it upholds Judge Carney's ruling, the sentences of more than 700 people on California's death row could be overturned and replaced with sentences of life without parole.

Citing High Cost of Death Penalty Appeals, California Prosecutor Agrees to Reduce Prisoner's Sentence to Life Without Parole

Citing the high cost of death penalty appeals and difficulty obtaining custody of an out-of-state prisoner, the Kern County, California District Attorney's office has agreed to reduce the 1989 death sentence imposed upon Clarence Ray (pictured) to a sentence of life without parole. Ray's lawyers had filed a petition challenging the constitutionality of his California conviction and death sentence. The parties reached agreement that Ray's death sentence would be reversed in exchange for his giving up the remainder of his appeals. Prosecutors said that fighting the petition for a reduced sentence would have cost the District Attorney's office more than $100,000. They also indicated that they faced substantial obstacles in obtaining custody of Ray. Ray had confessed to the California murder while in prison in Michigan, where he is serving a life sentence for a separate crime. California prosecutors said that because Ray first had to serve that sentence, he would not be turned over to California authorities until he died. They said that officials in Michigan - which has not had the death penalty since 1847 - had intimated that Michigan would not release custody of inmates to states in which they face execution. A California Superior Court judge last week approved the deal and resentenced Ray to life without possibility of parole. 

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