January 2008
On December 4, 2007, a three-judge panel of the 9th circuit court of appeals denied my appeal once again. In order to do so this time, they did what they – and the lower courts – have always done. They ignored the truth, and replaced that truth with their own made up lies, misinterpretation of the law, and outright bias in order to uphold my conviction.
While the main players in this case, like federal district judge marilyn huff, and circuit judges pamela ann rymer and ronald m. gould have been denying me relief since 2000. They have done so by changing the law, twisting the facts and refusing to look at or consider any evidence of my innocence, while agreeing with everything that the state says. I have still been able, to a degree, to prove that I am innocent and that this state did frame me, and continues to frame me for murders that I did not commit.
This has happened because despite the fact that those judges continue to ignore the truth in my case, that truth won’t go away. A few judges have seen, acknowledged and addressed this truth.
In 2004, Judge James R. Browning wrote a 32-page dissent that spoke to this truth. While this dissent was ignored by the mainstream news media, it was not ignored by the 9th circuit court of appeals En Banc Court.
In 2007, Judge M. Margaret McKeown spoke to this truth, even though she did it by agreeing to uphold my conviction. She writes, "Despite the presence of serious questions as to the integrity of the investigation and evidence supporting the conviction, we are constrained by the requirements of the AEDPA [Anti-Terrorism and Effective Death Penalty Act] of 1996."
Questions, as you know, means DOUBT in legal terms. This judge is telling the court that there are serious doubts about the evidence in this case! How can she see this, but not the other judges, one might ask. Just as Browning saw the truth that he did, but neither huff, nor rymer or gould could see it. They read the exact same papers that both Browning and McKeown did. They saw the same evidence.
Anyone who knows and will acknowledge the truth must admit that the criminal justice system within this country is one of the strongest racist and classist institutions left standing. I have written many essays about the criminal justice system in the country, such as "innocence makes no difference," "in whose name justice," and many others. I will continue to write and fight to change this rotten ass system as long as I live. Because this is the truth of the matter, it shouldn’t be surprising to anyone what is taking place. Not just in my case, but in thousands of cases around the country.
No one should be surprised that the eyewitness testimony in my case, concerning three white men who should have been suspects was turned into me, a single black man. It should not surprise anyone that the prosecutor in this case could hide evidence, destroy evidence, withhold evidence and lie to the jury at my trial about evidence – and get away with it!
It should not surprise anyone that a cigarette butt could grow from 4mm when it was first test and taken apart in 1983, to 7mm in length and be re-rolled by 2001. Or that another cigarette butt could be yellow in the filter in 1983, but have a white filter in 2001. Nor should it be a surprise to anyone that the police lied when they said that they accidentally threw away the bloody coveralls of a potential suspect, or that a beige tee shirt found on a different day in a different direction is actually a blue tee shirt which was also found, but never turned in…
These are just a few examples of the things that both Browning and McKeown write about in their separate opinions. Not all, just a few! But these are the things that are totally ignored by these other judges, or they are lied about or excused, downplayed or overlooked in order to uphold this conviction, and to ultimately execute me.
This is justice american style, a kind of reality that we can’t ignore.
In Struggle & Solidarity,
Kevin Cooper