2006 - UPDATED FACT SHEET
A useful 2 page summary of Kevin's case.
ORRICK FACT SHEET
This fact sheet was written by the attorneys currently representing Kevin Cooper at lawfirm of Orrick, Herrington, and Sutcliffe.
JUSTICE BROWNING'S DISSENT
Kevin Cooper won a stay of execution from the 9th Circuit Court of Appeals (after a powerful dissent by Justice Browning prompted the full, en-banc hearing). Read the dissent here.
NEW ABOLITIONIST ARTICLE
This is the full length version of the article that appeared in the March 2004 issue of the New Aboltionist, the newsletter of the Campaign to End the Death Penalty. Written by activists, it chronicles the movement for justice for Kevin Cooper beginning when the CEDP first met Kevin in 1998.
OVERVIEW
On the night of June 4, 1983, three members of the Ryen family and a houseguest were murdered in San Bernadino County. Kevin Cooper is still on death row, despite the overwhelming evidence pointing to his innocence.
-- Clumps of long, blonde hair were found in the hands of one of the victims. Photographs of this hair were never shown to the jury.
-- At least three weapons were used in the brutal murders, indicating multiple perpetrators. Prosecutors have never been able to account for this, claiming that Kevin Cooper acted alone.
-- Hostile, racist demonstrations were held near the courthouse after Kevin Cooper was taken into custody. At one demonstration a toy gorilla was hung in effigy.
-- A pair of bloody coveralls was submitted to the police by a woman claiming that they had been left at her house by her boyfriend, who she believed was involved in the murders. Police records show that the coveralls were deliberately disposed of in a dumpster by the police without any testing.
-- A prison inmate confessed to the crime, providing his cellmate with accurate information about the crime that was not in the newspapers.
-- Kevin Cooper had no motive for committing these brutal murders and none was established at trial.
ORRICK FACT SHEET
SIGNIFICANT POST-TRIAL DEVELOPMENTS MUST BE
EXPLORED BEFORE CALIFORNIA EXECUTES AN INNOCENT MAN
Despite what has been described as "overwhelming" evidence against Kevin Cooper, numerous facts that were not presented at trial or were discovered subsequent to trial strongly support Mr. Cooper's innocence. Those taken in conjunction with questionable facts, motive, and testimony presented at trial together show that execution is not appropriate. The following are highlights of issues that raise serious questions about Mr. Cooper's guilt and about our criminal justice system if Mr. Cooper is executed for a crime he did not commit:
Jurors Said Prosecutors Had Barely Enough Evidence to Convict Cooper; But They Did Not Hear Critical Exculpatory Evidence - After their deliberations, jurors reported that "If there had been one less piece of evidence, Kevin Cooper would today be out on the streets." "In my mind, they had barely enough evidence..." Yet, these jurors did not hear crucial, material information that demonstrates Mr. Cooper did not commit the murders, including evidence that the victims were clutching hair that was not Mr. Cooper's in their hands, evidence that a woman believed her boyfriend was involved in the murders and turned in bloody coveralls to support her suspicions, a convicted criminal admitted to the murders and corroborated Josh Ryen's statements that three individuals murdered his family.
Surviving Victim of the Attack Claimed That Three, White/Hispanic Perpetrators Murdered His Family - The only surviving victim, Josh Ryen, told police that his family and friend were murdered by three White or Mexican assailants. Hospital staff testified that right after Josh Ryen was brought in, he communicated that there were three assailants who had his skin color. Josh Ryen is white. Notes taken by Josh's psychiatrist reveal that he stated, "Three Mexicans chased us around the house." Mr. Cooper is African-American. When Josh saw a picture of Mr. Cooper on television during the manhunt for the murders, Josh said, "That was not the person that did it." At trial, the prosecution downplayed Josh's statements by saying, "he was only eight years old, had suffered incredible shock, and thus, his statement was not credible."
Blond Hair Found in the Victim's Hand - Large clusters of blond hair were found in one of the victim's hands, which were never tested or compared to other potential perpetrators of the crime. Mr. Cooper is an African-American, so the hairs are clearly not his. Another victim was clutching a lock of brown hair, also clearly not from an African-American man.
Implausibility That One Person Could Kill Four People with Three Different Weapons in Less than Two Minutes - The prosecution's own forensic experts determined that Doug, Peggy and Jessica Ryen and Chris Hughes were killed, and Josh Ryen was severely injured, within minutes of each other with three different weapons: a hatchet, a knife and an ice pick. The coroner, Dr. Irving Root, testified at the preliminary hearing that he would have a difficult time envisioning that one person, using three different weapons, could control and kill four people - but then changed his testimony when the investigating officers presented their "one assailant" theory.
Evidence of Other Perpetrators -
A week after the murders, Diana Roper contacted police to report that her boyfriend, Lee Furrow, came home wearing blood splattered coveralls the night of the Ryen Family murders. Ms. Roper, believing that Furrow was involved in the murders, gave the coveralls to the police. The police subsequently destroyed the coveralls without submitting them for testing or contacting Mr. Cooper's defense team to advise them of this evidence. The police claim they were not relevant.
During a police interview, Ms. Roper told police that Furrow was wearing a beige t-shirt the night of the murders.
The police found a beige, bloodstained t-shirt approximately 1/2 mile from the crime scene, which t-shirt was determined to have Doug Ryen's blood on it. Patrons of the rural bar right next to where the shirt was found reported seeing three, unfamiliar, white men at the bar the night of the murders. The bartender testified that one of three men was wearing a beige t-shirt, similar to the one that was found to have Doug Ryen's blood on it.
Ms. Roper also told police that Furrow owned a hatchet that was missing from his tool belt after the murders.
Consistent with Josh Ryen's statements made immediately after the crime, eyewitnesses saw three or four people speeding away from the Ryen Family house in the family's car, shortly after the murders were committed.
Corroborating Confession -
A convicted felon, Kenneth Koon, confessed to his cellmate, Anthony Wisely, that he was involved with two other men in the Ryen Family murders. Koon and Furrow know each other. According to the cellmate, on the day of the murders, Furrow bailed an individual out of jail. Furrow, Darnell, and Koon are three white men, all of whom share a criminal history, including one being convicted of a grisly murder. Koon told his cellmate that the Ryen murders were an Aryan Brotherhood "hit" gone wrong.
Jurors never heard evidence of the Koon confession or Diana Roper's statements. As one prominent circuit court judge stated in a dissenting opinion, "Kevin Cooper may be executed without any court considering the merits of colorable evidence that another individual, Kenneth Koon, confessed to the murders."
Crime Scene Was Destroyed, Making It Impossible to Reconstruct the Murders - The trial judge stated several times that the evidence against Mr. Cooper had been mishandled and that "[w]ithout any criminalistics experience at all, [he] could have gone in there and done a better job" than the police criminalist had done in collecting and preserving the evidence. As a result of the botched investigation and failure to preserve the crime scene, the defense was unable to present key evidence in response to the circumstantial evidence the prosecution used to convict Mr. Cooper.
Police Lied About Evidence That Was Used to Link Cooper to the Murders - The first police officer to search the house next to the Ryen house said nothing about a hatchet sheath. Mr. Cooper was known to have taken shelter in this house located next door to the Ryen's. Later, a hatchet sheath was found in that same room, in "plain view" smack in the middle of the floor. How was the newly found hatchet sheath explained? The first officer said he was never in that room. Yet, fingerprints taken from the room by the forensic experts show that he was in the room. No further explanation was offered.
Evidence Mishandling and Possibly Tampering - Post-trial, at Mr. Cooper's insistence, DNA testing was performed on certain evidence. The testing showed a match, but compelling questions regarding the handling of that evidence require that the evidence be further tested before a reliable conclusion can be drawn:
Single Drop of Blood: Although there was blood everywhere, only a single drop of blood in the entire crime scene could be tied to Mr. Cooper and that single drop of blood was found far away from the rest of the crime scene. This was the prosecution's most important piece of evidence and the prosecution's investigators essentially used all of it before the defense experts could fully test the sample to determine how it got there. The police took a sample of Mr. Cooper's blood from him when he was arrested and stored it in a test tube containing EDTA preservative. The single drop of blood evidence was in the hands of the prosecution crime lab for months after they took the blood sample from Mr. Cooper. After obtaining the blood sample, the results started to match up much more closely than those performed under actual "blind" conditions before they had the sample of Mr. Cooper's blood taken upon his arrest. EDTA preservative testing on the single drop of blood evidence, if any remains, would show whether that sample came from the blood drawn from Mr. Cooper after his arrest.
Blood-Stained T-Shirt: Post-trial, DNA testing on the blood stained t-shirt matched Mr. Cooper's blood. Testing preformed on the shirt at the time of trial found no blood consistent with Mr. Cooper's. EDTA preservative testing is necessary for the same reasons.
Cigarette Butts: The prosecution contends that cigarette butts containing Mr. Cooper's DNA were found in the missing Ryen Family car. The DNA matched cigarette butts were not there during the initial police report on the contents of the car. Strangely, cigarette butts that were identified in the abandoned house where Mr. Cooper was known to have stayed are unaccounted for. No one has ever explained the disappearance of the cigarette butts from the abandoned house and the emergence of cigarette butts in the Ryen Family car. No amount of testing will explain this discrepancy in the evidence.
Lack of Motive - Prosecutors contend that Mr. Cooper killed the Ryen family and Christopher Hughes in order to steal the Ryen car and take their money. The keys to the Ryen truck were in the ignition (which was parked next to the supposed get away car, and several neighbors stated that the Ryens usually left their keys in their cars) and a substantial amount of money and numerous valuable items in the house were left untouched.
Racist Climate During the Trial - The trial was held in a climate of great racial hatred. An African American was being tried in the public opinion for the murder of a white family and houseguest. Jurors were allowed to stay on the jury that had been exposed to the press -- most of which was not relevant and yet was highly prejudicial. Graffiti was posted around the court house and jurors were exposed to it as they came and went to the trial. During the pretrial phase, a toy gorilla was hanged in effigy with a sign attached which read, "Kill the Nigger."
Mr. Cooper and his defense team have asked authorities to submit the blond hairs found in the victim's hand for testing. Mr. Cooper has also requested that authorities allow the t-shirt and blood drop found at the scene of the crime to be subjected to EDTA testing, and if properly preserved, would demonstrate that the blood was not the byproduct of the murders, but rather came from the sample of Mr. Cooper's blood taken from him at the time of his arrest. EDTA testing would discredit crucial pieces of evidence linking Mr. Cooper to the murders and demonstrate the evidence was planted. Authorities have steadfastly refuse to allow such testing to take place.
San Francisco, California - Orrick, Herrington & Sutcliffe recently became involved in the case of Kevin Cooper, a death row inmate at San Quentin, through the Northern California Innocence Project. Based on the substantial evidence of Mr. Cooper's innocence, Orrick agreed to assist in his direct representation, and is currently working on the case with individuals from the California Appellate Project and the Center for Capital Assistance.
(this is formatted to be two pages long in MS Word format)
NEW ABOLITIONIST ARTICLE
Kevin Cooper: The Fight that stopped the Execution
by Crystal Bybee
Kevin Cooper was scheduled to be executed by the state of California at 12:01 AM on February 10th, 2004. Kevin had asked me, as an activist and friend, to witness his execution-to witness the execution of an innocent man whose courage and strength has sparked a movement-and I promised I would. Fortunately, it was a promise I did not have to keep.
This is the story of how Kevin and his lawyers, supporters, and friends prevented a horrible miscarriage of justice. But it is also about the need for a continued fight to win real justice for Kevin Cooper and an end to the racist death penalty.
Kevin's story goes back a long way, but I will start in 1998 when members of the Campaign to End the Death Penalty started working on this case. Rebecca Downer, long time member of the CEDP, was there at the beginning. She recalls the first few months:
November 1998
"I first learned about Kevin's case from another activist, Jody Cramer, who I met at the National Conference on Wrongful Convictions and the Death Penalty in Chicago. At the time I was organizing the Campaign chapter at San Francisco State University. We were beginning to make connections to San Quentin's death row, but had yet to find a really strong case to work around. When I learned the facts of Kevin's case, and the racism and police misconduct involved, as well as his powerful claim of innocence, I knew we'd found our guy.
January 1999
"Always looking for those willing to fight alongside him, Kevin was eager for the Campaign to get involved in his case. Cameron Sturdevant and I drove down to L.A. to meet with his legal team and review the details of the case. Armed with the facts, I put together a fact sheet and a Petition for DNA Testing.
March 1999
"Kevin spoke at the first of many Live from Death Rows at a conference for Mumia Abu Jamal, establishing himself not only as a compelling and articulate speaker, but a fighter for all on death row, not just himself. On one of my earliest visits with him, Kevin signed a membership card for the Campaign to End the Death Penalty and has been a proud member ever since. From the beginning, Kevin was much more than just his "case"; he was and is a talented artist and writer, a determined fighter, and a true and loyal friend." (Rebecca Downer)
During the next few years, the CEDP worked with Kevin, his lawyers, and other supporters and activists to spread the word about the injustices present in Kevin's case and in so many others. I joined the CEDP in 1999 and worked with the UC Berkeley chapter. In 2000, I started visiting Kevin with Becky and Cameron. (my quote about visiting Kevin, working on book)
The fact sheet and petition were a large part of our organizing efforts. We sent nearly 10,000 signatures to CA Attorney General Bill Lockyer, calling for DNA testing that we all hoped would prove Kevin's innocence. While we were taking his case to every demonstration and rally in the Bay Area, we also held meetings, petitioned at bus and subway stations, and put on Live From Death Row events where Kevin called in to tell his powerful story in his own words.
Elizabeth Terzakis, who also began visiting Kevin in 2000, remembers hearing Kevin speak many times: "There is a lot of BS involved in calling out from prison-the phone doesn't really work, there are all these beeps and interruptions from the recording machinery, there are time limits and sometimes an inmate will just get cut off mid-sentence-but when Kevin calls he just cuts through all that. All the static fades to the background and out comes this voice, speaking about truth, justice and prison conditions to a rapt and motionless audience, taking questions about his life and his case and answering them with clarity and honesty but also always with an emphasis on building the movement against the death penalty. No one leaves a Life From Death unmoved, and no one left a Life From where Kevin spoke without being moved to action."
Kevin has always played a central role in the struggle through his calls, essays, and paintings.
2001
The battle for DNA testing appeared to be over when the state finally agreed in an out of court decision to conduct tests on multiple pieces of evidence. Although we were all aware of police misconduct during the original trial, there had appeared to be enough integrity in the evidence that DNA tests would prove Kevin's innocence. The testing process took longer than I had expected, and before it was completed we received some bad news. By chance, one of Kevin's lawyers found some documents regarding the evidence in question. According to the documents, a criminalist named Daniel Gregonis had checked out key pieces of evidence, along with samples of Kevin's blood and saliva, shortly before the state agreed to conduct the tests in 1999.
I remember feeling angry that he had done it, but glad that we happened to find out about it before the results came out! Everyone was worried about the possible outcome of the DNA tests, especially Kevin and his legal team. They made motions in the courts to show their knowledge of and suspicion about the incident. Kevin wrote letters to multiple media representatives asserting that he would never have signed the testing agreement had he known where the evidence had been and what had happened to it.
We activists wrote letters and sent press packets out trying to get our side of the story in the media and prepare people for what could happen. But the mainstream press seemed consistently uninterested in reporting the truth. Only alternative papers-such as the SF Bayview, from Bay View/Hunters Point, one of the last Black neighborhoods in San Francisco-and community radio stations, like Berkeley's KPFA, were willing to carry the whole story.
2002
Finally, the DNA tests came back, and four pieces of evidence were found to have traces of DNA that matched Kevin's. This was a serious blow to our side, and the state was overjoyed, surely thinking that these results would paper over the gaping holes in the case and silence the many as yet unanswered questions. But we didn't give up. We wrote a new fact sheet, with the headline "Kevin Cooper: A Case Full of Holes," both to remind people of the broader issues in the case-the racism, inadequate counsel, and mishandling of evidence that characterized the first trial-and to lay out the actions by the prosecution that cast doubt on the validity of the testing results.
Summer 2003
And then some good news. We found out that the Santa Clara Innocence Project, led by Kathleen Ridolfi and Marjorie Allard, had decided to take on Kevin's case. Not long after, we got another boost: the internationally known and respected law firm of Orrick, Herrington, and Sutcliffe had also signed on as Kevin's new legal team. Working with the Innocence Project and attorneys from the California Appellate Project, Kevin finally had a team that was not only dedicated to justice but also had the time, energy, and resources to get things going our way in the courtroom.
December 2003
On Tuesday, December 2nd I receive an e-mail saying that there will be a hearing on December 17th to set an execution date for Kevin Cooper. The likely date is February 9th, only two months away. Despite a number of "close calls" over the years, the news comes as a shock. The UC Berkeley campus is already in final examination mode, and the regular meeting of the Campaign to End the Death Penalty chapter for that night was to be an informal gathering at a local cafe. Instead, we turn it into an emergency planning meeting.
We call for a meeting on December 5th at a bookstore in Oakland, the first meeting of the Committee to Stop the Execution of Kevin Cooper. Anti-death penalty activists from CEDP, Death Penalty Focus, and the Bay Area Death Penalty Action Team come together to strategize. What will it take to stop this execution? How are we going to mobilize large numbers? How can we get the issue into the mainstream media?
The Committee sets out a very ambitious plan that includes sending out a press release, initiating a signature ad, and calling for a broad and diverse Committee to Stop the Execution of Kevin Cooper. We schedule the next committee meeting for January 5th, and write a leaflet asking people to come on board for the following actions:
* Circulate the governor's telephone number, FAX number, and email address as broadly as possible and ask people to phone, FAX, and email him letters of opposition to the execution
* Create, fundraise for, and get celebrities, labor leaders, and legislators to sign on to a signature ad to be published in as many California papers as possible
* Form a Kevin Cooper contingent at the annual Martin Luther King, Jr. march in San Francisco
* Build and participate in a Live From Death Row in Berkeley in late January
* Organize statewide for a February 3rd day of action
* and if it came to it, hold, not a vigil, but a march and protest at the prison on the night the execution is scheduled, February 9th.
Kevin writes a statement encouraging people to engage in activism: "I am an innocent man, and while no human being has the right to murder or execute another human being, this is more than true when it comes to innocent people! We poor people, who are the only ones murdered by our government, are the only ones who can put a stop to it, and we must protest as well as pray! There can be a vigil for me after I am dead, but while I am alive, we must protest against my murder and this crime against humanity!"
On December 17th we send out our press release and as a result get at least a little bit of our side of the story in some papers. Everyone from our newly formed committee works through the holidays, contacting groups, setting up a website, sending out e-mails, and lining up people for the signature ad. Our goal is to get our message out to groups and churches, as well as the press, as quickly and completely as possible.
January 2004
The first full-scale meeting of the Committee to Stop the Execution is held on Monday, January 5th. Sixty people from various anti-death penalty groups, churches, and activist and community organizations meet at the American Friends Service Committee office in San Francisco. The turnout is larger than we had hoped for, and everyone wants to get involved right away.
We break into subcommittees that spend the first few weeks of January working hard on several areas: Press and Signature Ad, Martin Luther King Jr. March contingent planning, Feb 3rd and 9th planning, Art and Cultural events. The mainstream media starts calling us more during this time, and the stories they print, while still not extremely favorable, at least start to mention some of the facts that make Kevin's case so troubling. Our website goes up and looks great, thanks to Josh On who works hard to make it a resource for anyone wanting to get involved in the fight. We also begin fielding calls and e-mails from around the state from people and groups who want to get involved. One of the things that strikes me is that many people are calling not to ASK how to get involved, but rather to share ideas or information about actions they are already taking, wanting to bring their work together with ours.
As planned, the Committee leads a 150-person contingent at the annual Martin Luther King Jr. March in San Francisco. Kevin's supporters hold signs, each with a large picture of Kevin and the words "Stop the Execution of Kevin Cooper/End the Death Penalty." The International Socialist Organization carries a banner with a giant painting of Kevin's face on it by San Francisco State student Taliyah Cohen. Kevin tells me the next weekend that he watched news reports of the march, and remembered saying to himself, "That looks like meThat IS me!" Participants in the march-which includes community groups, high school marching bands, labor organizations, and activists of all stripes-are very interested in the fact sheets passed out by committee members and more than willing to sign petitions calling for clemency and a new trial.
The contingent is especially significant because the annual march is generally NOT a political event, something that probably has Reverend King spinning in his grave. But this year ours is the biggest contingent, and we feel confident in the idea that we are doing just what King himself would have done: protesting hard against the state's attempt to execute an innocent Black man during Black history month.
After the march, the fight gains a new and exhilarating momentum. Petitions come rolling in, and members of the committee like Becky Downer, Michelle Simon, Shannon Anderson, Suzie Wasserstrom, and Kirya Traber speak again and again on local radio programs like San Francisco Bay View's No Pigs in Da Hood and KPFA's Flashpoints. More of our story begins to appear in the mainstream press, after hard arguments with reporters in which we chastise them for omitting vital information and acting like they are imbedded in the prosecution. The committee decides to bring exonerated death row inmate Shujaa Graham out from Maryland, to help with speaking engagements and provide a firsthand account of what it means to be innocent on the row and live to tell about it.
Students at San Francisco State University, led by Kirya Traber and Brian Cruz, put on a poetry reading/band fest to raise money for the signature ad. Artists include Illiteracy, Colored Ink, and a special, last minute appearance by Michael Franti. Just before the event begins, we learn that Governor Arnold Schwarzenegger has denied Kevin clemency without even holding a clemency hearing-the first time a death row inmate has been denied a hearing on clemency since executions resumed in 1992. After a hiccup of disappointment at this setback, we redouble our efforts to get out the facts that yet another government official has chosen to ignore. Cushioning the blow is a poll in a local newspapers that shows that a majority of those polled think the execution should be stopped. Also encouraging is an editorial in the San Francisco Chronicle calling on the governor to grant clemency, and calling on the people of California to keep calling, faxing, and emailing the governor until he complies.
The UC Berkeley Chapter of CEDP works diligently through the first few weeks of the semester to put together Kevin Cooper: Live From Death Row, and all our efforts pay off very well. The event is held at the First Congregational Church of Berkeley on Saturday, January 31st. The church is filled with supporters, and bursts of chants can be heard throughout the program, especially after each inspirational speaker finished their powerful remarks. The diverse panel of speakers includes Shujaa Graham, a proud member of the CEDP who was exonerated from California's death row, Darrel Meyers from Murder Victims' Families for Reconciliation, Lynn Stewart, attorney at law who has witnessed and experienced first hand the repressive workings of the criminal justice system, and Danny Glover, who closes our event for us. Monica Hahn and Sujal Parikh, from the UC Berkeley chapter moderate the panel, making sure that the event not only inspires individuals to support Kevin but to become active in the fight against the death penalty. Although technical difficulties prevent Kevin from interactively answering questions from the audience, his message rang loud and clear that day: that he had not given up hope and that the flawed system would be exposed once and for all.
February 2004
With the execution date approaching, our anxiety is almost overwhelmed by awe at the size and significance of the movement. Throughout the activity outlined above, Todd Chretien from the ISO, Stefanie Faucher from Death Penalty Focus, and many other individuals have been collecting names and money for our signature ad. Early signatories include Danny Glover, Janeane Garofalo, Mike Farrell, Noam Chomsky, Howard Zinn, and the executive board of the International Longshore and Warehouse Workers Union Local 10, the union that shut down the Oakland docks in support of death row inmate Mumia Abu Jamal. Soon we are able to add Jesse Jackson Sr., members of the California legislature, and nine members of the European Parliament to the list. The president of Schwarzenegger's native Austria criticizes his decision to go ahead with the execution. The signature ad is translated into French, and circulates throughout Europe.
On February 3rd, our statewide day of action, the ad runs in the New York Times Western Edition and the San Jose Mercury News. Events are held around the state. A press conference in front of Governor Schwarzenegger's church in Santa Monica includes the governor's priest, Jesse Jackson, and over twenty religious leaders from a variety of denominations. A rally and press conference in front of the State Building in San Francisco draws close to two hundred people and lots of press. One hundred and fifty people gather to protest the execution in Sacramento, the state capital. In Santa Cruz, over 400 people listen to Angela Davis speak out against the execution and against the death penalty. Smaller actions are held in Fresno, Riverside, and at the gates of San Quentin itself. The statewide day of action turns nationwide as people from around the country spend the day trying to call, e-mail, and fax Gov. Schwarzenegger. His fax machine is either continually busy, or turned off due to the overwhelming response.
A week before the execution date, Kevin's topnotch legal team, activists, and the pastor and congregation of his church in Oakland-Jacqueline Jackson and the Cellar Ministries-are working night and day. We all attend a moving and historic church service at Allen Temple Baptist Church in Oakland on Sunday the 8th. Jesse Jackson gives a powerful sermon that includes an urgent message for people to get involved with the fight against the execution. After the service, there is a press conference where Kevin's lawyer presents breaking evidence in the case, and Jesse Jackson implores the media to cover the truth about this case.
On Sunday the 8th, Kevin's witnesses-CEDP members Rebecca Downer, Elizabeth Terzakis, and myself, along with journalist Leslie Kean, and Kevin's designated next of kin, attorney Jeannie Sternberg, gather to prepare for the execution. According to Elizabeth Terzakis: "We had all had our hearts in our mouths for weeks. We knew Kevin's attitude toward the execution was one of refusal: when they asked him to choose his 'method of execution'-gas or lethal injection?-he refused to choose. When they asked him to choose his last meal-to be included in grotesque detail in every news report-he refused a last meal. When they asked him to roll up his sleeve to help them practice finding a vein, he refused to help. He said, 'I refuse to participate in this ritual of death.'
"But he wanted to have witnesses, and specifically activist witnesses, so we could carry the horror of what we saw out into the movement. Kevin Cooper is a fighter and an abolitionist. Kevin Cooper is my friend. The knowledge that someone you know and care about is going to be murdered in a matter of hours, and that you may not be able to stop it, produces a level of anxiety that is almost indescribable. It is like being in a small room with no air and no doors or windows. It is like a nightmare, the kind you can't wake up from.
"And I kept thinking to myself, if this is how we feel, imagine how he feels. Imagine approaching the hour of your death like a stop on a bus route. Imagine counting down the hours, like stations passed, until someone kills you."
A prison chaplain and one of Kevin's lawyers explain the process to us. We need to arrive at the prison three hours before the execution because every means available will be used to keep us from getting in. We can bring nothing in with us except our driver's licenses. We should dress carefully: no green, blue, brown, or orange clothing (so as not to be mistaken for inmates or guards). We should eat even though we won't want to; otherwise, we might faint. We shouldn't take any fluids after 4:00 PM because we won't be allowed to use the bathroom. We should dress warmly because we will spend at least two hours sitting in a parked bus.
We will be in the execution viewing room with the victims' families and the press and we must not speak at all or indulge in any actions or gestures that might be portrayed badly in the press. We should expect to be terrified the whole time. (Although I expect to be angry.) Because of a new law the curtains to the windows of the execution chamber will be open. We will watch Kevin walk in, lie down (or be carried in, should he choose to resist), and be strapped to the table. We will watch the 'custodial staff' insert the needle in his arm. If Kevin catches our eye we must not look away. (At first this seems so obvious I don't understand why they are saying it to us. Then I realize that, in such inhuman conditions, the reminder might be a welcome one: Act human. No one else will be.) When his head drops back, or his eyes close, we will know it's safe to close our own.
We will be standing on risers in the back of the viewing chamber while everyone else sits. Law enforcement officials from around the state will take the front row seats. Apparently executions are high entertainment for law enforcement officials. We should prepare to carry the horror with us for the rest of our lives.
On the night of the execution we all meet in the house of one of the witnesses, heady with tension. The Ninth Circuit Court of Appeals has granted Kevin a stay but the state has appealed the court's decision to the United States Supreme Court, which could overturn the stay any time before midnight. We are relieved by word that Kevin is maintaining his composure. When asked about his state of mind, Jeannie Sternberg, who has seen him recently, tells us: "Kevin is in a great state. Kevin is full of grace."
Kevin has said that he won't mind if it goes to the last minute and is stopped, because then he will know there is a movement. At 8:20, ten minutes before we plan to leave for San Quentin, the state defender calls: the execution is off. The U.S. Supreme Court has upheld the Ninth Circuit's stay.
At first, we can't believe it, and spend a few minutes alternately crying, laughing, and jumping up and down. Then we get in a car and drive to San Quentin, not for an execution but for a celebration. We join a demonstration of some 600 people. They have already heard the news, and there is a general air of jubilation. Mike Farrel and Jesse Jackson have just announced the news.
Monica Hahn, a member of the CEDP, describes the march and her experience with Kevin in the harrowing hours this weekend:
"2 days before he was scheduled to be executed, I was talking to Kevin on the phone when he said something I will never forget. He said to me, "My friend, even if they get away with killing me in a couple days, I will always be here with you all in spirit, fighting beside you. I know you will keep fighting to end the death penalty even after I'm gone, and I know that one day, we will win." I have always admired Kevin so much for his positive attitude and his passion for social justice movements that stretch way beyond his own life. The night of the scheduled execution, just after those of us at the prison rally had just heard the great news that Kevin's stay had been upheld by the Supreme Court, and that he was to live that night, the hundreds of supporters on the march arrived. To see the marchers with their beautiful banners and their powerful chants echoing in the night, I felt we had won a large battle already. To see how many people had been united over the issue of saving Kevin's life, and to see the victorious results of a successful movement at that moment, filled all of us with so much inspiration. I was so overjoyed to think that the possibility now existed that Kevin might someday be able to see with his own eyes a march as powerful as this march for his life was."
As we celebrate, speakers call for Kevin to be freed, for an end to the racist death penalty. Chants of "They say death row-WE say hell no!!" ring out. Shannon Anderson, one of Kevin's good friends, shares the good news over a cell phone, saying, "This makes me want to fight forever."
Feb 11th, 2003
The fight continues. There is a possibility for winning real justice for Kevin, but we have to keep up the fight. Kevin always says this is not just about him, and we know that California has the biggest death row in the country, and it's about time that the machinery of death here faced a real challenge. We will have to get right back to work making plans to keep fighting for Kevin, but also to raise the issue of how we stop executions in California. Over the past few months, the work of so many people, community groups, churches, celebrities, union members, and activists has been to stop this execution. Having won this as yet incomplete victory, death penalty opponents must take hold of this momentous occasion and fight for an end to the racist death penalty in California and across the nation.
Special thanks to Kevin Cooper for being the heart and strength of the movement, the dedicated legal team for the battle in the courtroom , Pastor Jacqueline Jackson and the Cellar Christian Ministries Fellowship for keeping the faith, each member of the Committee to Stop the Execution of Kevin Cooper and all abolitionists in California for fighting until we win.