Governor’s Office seeks more information from death row inmate Kevin Cooper’s lawyer in clemency petition
The Governor’s Office wants more information from defense lawyer Norm Hile in his clemency petition for death row inmate Kevin Cooper, who was convicted more than three decades ago of the brutal hatchet attack of a Chino Hills family and a young boy staying with them.
A six-page letter from Legal Affairs Secretary Peter A. Krause sent July 3 asked Hile a series of questions about his requests for additional DNA testing and theories about evidence handling in Cooper’s case. The letter said the Office of Gov. Jerry Brown had considered Hile’s arguments and that attorneys in the Governor’s Office had already met with him, his investigators, and attorneys from the state Attorney General’s Office.
“Your allegations clearly deserve the serious consideration they have received and we now request more information in order to complete our evaluation of your requests for additional testing,” according to the letter signed by Krause.
Hile has until August 17 to submit his replies. Prosecutors will then be given a chance to respond. The information received from both parties will determine the next steps in the case, including whether there will be additional testing, according to the Governor’s Office.
Hile was not available for comment. San Bernardino County District Attorney Michael A. Ramos, whose office prosecuted the case, declined to comment.
The bloody June 4, 1983, attack for which Cooper was convicted and sentenced took the lives of Doug and Peggy Ryen; their 10-year-old daughter Jessica; and neighbor Chris Hughes, 11, who was staying overnight at the Ryens’ home. The boy was a friend of the Ryens’ 8-year-old son Joshua, who suffered a slashed throat but survived the attack.
Mary Ann Hughes, mother of Chris Hughes, said Cooper’s case is totally adjudicated. There are no more appeals, she said.
“My son deserves to have justice carried out for him, so does my family and so does Josh Ryen,” Hughes said.
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In February, four law school deans asked Brown to open an independent investigation into Cooper’s case and grant a clemency petition that would put his case temporarily on hold during the investigation.
Hile, of Orrick Herrington and Sutcliffe LLP, said all they’re asking for is to allow advanced, state-of-the-art DNA testing to be completed — the type of testing not available when Cooper went to trial. Hile pointed to the recent identification of the Golden State Killer through advanced DNA testing.
The clemency bid seeks further testing, such as Touch DNA testing, to be performed on evidence including the murder weapon, the hatchet sheath, a T-shirt and the prison button — items that were presented at trial and have undergone previous testing.
Cooper’s trial took place before the use of Touch DNA testing, which analyzes skin cells left behind on evidence, but prosecutors say it can’t provide relevant information in this case or exonerate Cooper, according to an earlier statement from Ramos.
The hatchet and protective sheath were touched by the owners of the hideout house — a place near the Ryen’s home where Cooper stayed upon first escaping from prison — their families, visitors and guests whenever the hatchet was used to chop firewood. Consequently, many people have touched the exhibits outside of laboratory conditions, prosecutors say.
In that earlier statement, Ramos said this was another attempt by Cooper to avoid punishment.
Cooper, 60, has exhausted all appeals from his 1985 conviction and sentencing and could be one of the first prisoners executed if California resumes the death penalty. He has maintained his innocence.