Vol. 73/No. 22      June 8, 2009

Cooper was convicted in 1985 of the murder of four members of a Chino Hills, California, family and has been on death row since. Fletcher, in his dissent, noted, “The district court failed to provide Cooper a fair hearing and flouted our direction to perform the two tests” on evidence.

Fletcher pointed out that initial tests of a T-shirt with Cooper’s blood on it found near the scene showed high levels of a preservative, indicating that the blood sample was planted. Police had taken a sample of Cooper’s blood when he was arrested. The state expert who did the tests withdrew his results and said the specimen had been contaminated in his lab.

In 2004 the court of appeals ordered new tests of evidence in the case. This time the traces of preservative in the blood were less. Judge Marilyn Huff ruled that while preservative was found, it was in such a small amount that tampering was not proven.

A fact sheet on the case prepared by supporters of Cooper features statements by the only survivor of the killings saying that the attackers were three whites or Mexicans. Cooper is African American.

The fact sheet also points out that evidence favorable to Cooper was denied to the defense, including a pair of bloody coveralls submitted to the police by a woman who said they belonged to her boyfriend. She said she thought he had been involved in the murders. The police destroyed the coveralls without testing them, according to the defense.

Norman Hile, Cooper’s lawyer, plans to ask the Supreme Court to take the case.
 
 
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Hearing of Bay Area cop in killing of youth resumes
Convictions in Miami ‘terror’ case stir outrage
Defend our constitutional rights!  
 
 
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