Da: "coalit" Oggetto: [listacoalit] Fw: Kevin Cooper - DR San Quentin Data: luned́ 15 ottobre 2001 15.41 > > MISCONDUCT IN DEATH ROW PRISONER'S CASE: > > > > More Police Misconduct In Kevin Cooper Case: > > By: Paul McKim > > > > In the struggle to prove his innocence, death-row inmate Kevin Cooper has > > always had to contend with police corruption. Although he won the right > to > > DNA testing last December, his defense team recently made a shocking > > discovery: key evidence just about to undergo testing may have been > tampered > > with. The results of the DNA tests could determine whether Cooper lives > or > > dies. > > > > Kevin Cooper is currently serving the 16th year of a death sentence at > San > > Quentin State Prison in California. In 1985 he was convicted of murdering > a > > southern California family in their home, a crime which much evidence > > indicates he didn't commit. The only eyewitness, for example, repeatedly > > told police that Cooper was not the killer. (For further details about > the > > case and evidence of Cooper's innocence see Socialist Action February > 2001.) > > > > His conviction was due in large part to the deliberate steps taken by > > authorities to target Cooper. For example, police consciously choose not > to > > investigate another man who was likely involved with the murders, and > > destroyed a pair of bloody coveralls that could have linked him to the > > crime. > > > > On the other hand, police went out of their way to "find" evidence > > implicating Cooper, which often turned up under suspicious circumstances. > > A bloody shoeprint on a bed sheet that matched a pair of shoes worn by > > Cooper was central to his conviction. It was not found until over a week > after the > > murders, when Cooper was already the only suspect, and not at the scene > of > > the murders, but in the crime lab. A pair of shoes identical to Cooper's > was > > also in the lab at the time. When his attorneys went back to the evidence > > locker years later to search for DNA evidence, they discovered that the > > print had been cut out of the sheet. Authorities in charge of the > evidence > > could not explain this. > > > > William Baird, the officer who found the shoeprint and other evidence > > placing Cooper at the crime scene, has a well-established record of > > corruption. By his own admission he was using narcotics at the time of > > Cooper's trial, and he was fired shortly afterwards for stealing heroin > > from the evidence locker both for personal use and to sell to drug > dealers. > > > > Dan Gregonis, a criminalist from the San Bernardino Sheriff's Department, > > analyzed a drop of blood found on a wall near the room where the victims > > were killed. He said the blood came from an African-American and linked > it > > to Cooper. But on the stand at the trial, Gregonis admitted that after he > > received a sample of Cooper's blood, he changed one test result to make > > itmatch Cooper's. > > > > With these and other incidents of misconduct in its record, the state > > fought long and hard to prevent DNA testing that could exonerate Cooper. > > Proof of his innocence could draw attention to this shameful police > record > > and further expose the inherently flawed nature of the death penalty. The > > state capitulated in December only because of growing public pressure and > a > > new law granting testing to death row inmates. > > > > But in May, the issue of police misconduct once again reared its ugly > head. > > Records from the San Bernardino Sheriff's Department, where some of the > DNA > > evidence was stored, show that in 1999 the evidence was checked out > > overnight by Gregonis, the same criminalist who admitted to changing > > Cooper's test results during his trial. He still works in the Scientific > > Identification Division (SID) where the evidence is kept. > > > > Among other items, inventory records indicate that the evidence in his > > possession included the very blood drop that Gregonis tested for the > trial > > and claimed was Cooper's, along with an actual sample of Cooper's blood. > > The evidence also contained a cigarette butt scheduled to undergo testing > > and a swab of Cooper's saliva. The saliva could easily have been > transferred > > onto the cigarette. > > > > Interestingly, it was the prosecution, which has always opposed any > > testing, that suggested that this cigarette be included in the items to > be > > tested. Although we cannot know for sure what occurred, the planting of > > Cooper's saliva would not be out of line with the previous actions of > > police investigators. > > > > The legal team is outraged that Gregonis would be allowed any access to > > this evidence, which is of life and death importance for Cooper, > > considering his previous role in Cooper's frame-up and the implications > for > > his career if Cooper is exonerated. "I cannot think of a legitimate > reason > > for him to have had the evidence released to him," stated Cooper's lead > > attorney Robert Amidon in a letter to state officials. "As you might > > suspect, we are most suspicious of these events." The defense has > prepared > > a motion for an evidentiary hearing on this matter, which it intends to > file > > in the coming months. > > > > The state has been hard pressed to come up with a legitimate explanation > > for Gregonis's actions. In a May 21 letter to Amidon, San Bernardino > > Supervising Deputy District Attorney John Kochis stated, "He [Gregonis] > > informed me that the activity.was the result of my request in August of > > 1999 to determine if certain items were still in possession of the > > Sheriff's Department." This explanation is questionable considering that > > the existence and location of all evidence in possession of the Sheriff's > > Department is recorded in the written inventory. Furthermore, the claim > that > > Gregonis simply wanted to see what was there does not explain the fact > that > > he kept the materials for over 24 hours. > > > > Gregonis himself hasn't offered any explanation for his actions, except > > through Kochis. On May 31 he told journalist Leslie Kean that he had been > > "ordered not say anything about that" by his superiors. Melody Morino, > the > > SID officer who signed the evidence back in when Gregonis returned it, > also > > refused to respond to questions from Kean. > > > > Cooper believes that it is likely that tampering occurred, considering > the > > lengths to which the state has already gone to seek his execution. "These > > people are intent on murdering me," he told me during a recent visit to > San > > Quentin. "To them, the end justifies the means." > > > > Cooper said he wasn't surprised by the news that tampering may have > > occurred. "This kind of thing happens all the time in this so-called > > criminal justice system," he explained. > > > > In late June Cooper's attorneys discovered another possible incident of > > tampering when they went to the San Bernardino Sheriff's department to > > retrieve the DNA evidence for testing. To their surprise, it had already > > been removed from storage before their arrival. According to defense > > attorney William McGuigan, "When we went to get it a guy from the > original > > investigation of Mr. Cooper's case had collected all of the evidence and > put > > it into a little paper bag. It certainly was an amazing performance," he > > said. > > > > This was a flagrant violation of an agreement reached between the defense > > and the state of California in June. "We had structured the agreement > very > > carefully to try to avoid anything like this from happening," McGuigan > > stated. The agreement specified detailed procedures for removing, > > photographing, and packaging the evidence with both parties present. This > > violation, by someone with past connections to the prosecution, raises > > serious questions about what other misconduct may have occurred. > > > > The evidence was shipped to the Department of Justice DNA Laboratory in > > Berkeley, California, where the tests will be performed over the next two > to > > three months. Many pieces of evidence will undergo testing, but it only > > takes one with Cooper's DNA planted on it to send him to his death. Dr. > > Edward Blake, head of the testing team, will be scrutinizing the evidence > > for any signs of tampering. > > > > The many corrupt practices employed by the state to execute Cooper should > > serve as a vivid reminder of whose interests this "justice system" really > > serves. If the state is given the power to kill in this racist, class > > society, it will always mean injustice for the poor and exploited. > > "Situations like the one I'm in are the reasons why we can't have the > death > > penalty," says Cooper. "They show that you can't trust the politicians, > > prosecutors, and the state to be honest." > > > > (Published in Socialist Action Newspaper, July, 2001.) > > > > Kevin Cooper C65304 > > San Quentin State Prison > > San Quentin, California 94974. USA. > > > > He is articulate and personable, within the strictures imposed by > confinement > > and limited personal resources, has been unconditionally cooperative in > > having disseminated to as wide an audience as possible information about > his > > case. One of those individuals who is widely accepted as factually > > innocent, Mr. Cooper's utilization of DNA also represents the first > instance > > in California death row history in which opportunities offered by a > science > > not available at the time of his trial can be mobilized in pursuit of > exculpation. > > The article above suggests that precisely because Mr. Cooper's innocence > > may be illuminated by the yields of uncontaminated DNA analyses, > > a prosecutorial mentality focussed on winning at any and all costs may be > > catalyzing behaviours designed to contaminat evidence before it can be > > objectively evaluated. > > > > For additonal information, please feel free to peruse: > > > > http://www.nodeathpenalty.org/factsheets/kevinCooper.html > > http://www.cuadp.org/people/Cooper,_Kevin_C.html > > to write directly to Mr. Cooper. > > > > Mr. Cooper welcomes inquiries and celebrates support. from ACADP