Petition

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Governor Jerry Brown:

 

We, the undersigned, implore you to exercise your constitutionally recognized power to grant clemency to Kevin Cooper, a condemned man on California's death row. The taking of a human life is an act that weighs heavily on all of society, even more so when an innocent life is at stake. We are deeply troubled that five active Ninth Circuit judges have said in reference to Kevin Cooper, "The State of California may be about to execute an innocent man." (See Cooper v. Brown, 565 F.3d 581 (9th Cir. 2009).

These Federal Judges also found several serious constitutional violations, including the fact that prosecutors (1) presented false evidence at trial, (2) destroyed evidence before the jury could consider it, and (3) withheld exonerating evidence from the defense (See Id). Moreover, six additional Ninth Circuit judges noted and abhorred the "flawed" proceedings in the case as undermining public confidence in the integrity of the criminal justice system (Id. at 635).

Finally, a twelfth Ninth Circuit judge, who felt procedurally barred from acting to help Mr. Cooper, complained of the "lingering doubt" in the case and the "wholly discomforting" feeling associated with her inability to act (FN Cooper v. Brown, 510 F.3d 870, 1004-06 (9th Cir. 2007) (McKeown, concurring).

Please act now before the State engages in the irreversible and unconscionable act of executing an innocent man.

 

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