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Progressives and Parasites…

There are two kinds of justice in America.  There’s the ideal version, whose proponents believe that basic rights exist and innocence counts for something.

Then there’s the conservative, “technical” version.  For these adherents, there are no rights.  People have to earn what they get, and whatever they do get is what they deserve.

Kevin Cooper lives in the latter version, albeit he would prefer the former.  He was convicted of murdering a white family of four back in ’83.  He’s scheduled to get the needle in a few months.

As far as conservative justices are concerned, he got his day in a California court, therefore he’s long overdue to pay for the crime.  However, there are 11 federal appellate judges who believe that Mr. Cooper is innocent.  In fact, they believe he was framed for the murder by the police!

But there’s not really anything they can do about it.  His final avenue of appeal is a commutation or pardon by Governor Arnold Schartzenegger.  Of course, for Arnie to nullify Cooper’s death sentence, he would have to, in effect, call the cops liars and criminals; that is, he’d have to grow a very large set of cajones.

The crime was horrific.  The mother and father were  butchered, and two children were killed and one left for dead.  The police—absent serious detective work—were on the spot for a resolution in the case.  Tailor-made for a set-up.

Luckless Cooper had walked away from a camp where he was serving a bit for burglary.  He hid in a house only 125 yards from the crime scene.  He was black.  They believed he was guilty of the crime.  The cops made sure the evidence convicted him.

After a thorough review of the case, five judges signed off for a rehearing in the Federal Ninth Circuit Court, and six other judges joined in the dissent.  But that was not enough.  A majority of other Circuit judges refused a rehearing.  This is what occurs when conservative activists take the bench.  Did he get his day in court?  Yes?  End of story.  Justice becomes a private joke.

The author of the dissent—more than 100 pages–was Federal Circuit Court Judge William A. Fletcher.  He pointed out that a hatchet, ice pick and probably two knives were used.  The surviving boy (8) initially claimed that the assailants were three white men.  By trial, that testimony became one black man.

Cooper’s blood found on a beige T-shirt at the scene was found to have test-tube preservative in it.  A sample test tube of Cooper’s blood was also found by the forensic’s lab to contain trace amounts of another person’s blood.  This suggested that the original blood sample was poured out and Cooper’s added.

Police had also ignored other suspects.  Two women came forward with testimony of a roommate–a convicted murderer–and several of his friends showing up at their house wearing blood-spattered clothes and driving a station wagon similar to that of the dead family the evening of the murder.

They reported that their roommate was wearing a beige T-shirt when he left the house, but not when he returned.  His hatchet was also missing from his tool kit.  The women also gave a set of bloody overalls to police, who threw them out.

Other witnesses who came forward, including a prison confession, have been studiously ignored by the police and prosecutors.

Some years ago, I recall reading about a case of a man awaiting execution in Texas.  It turned out, new evidence of his innocence having come forth, that the man was making a final appeal to the US Supreme Court based on that information.

The Gang of Five conservative Justices ruled that he had had all of his technical legal procedures, and that “innocence,” per se, was “not a viable defense.”  He was executed.  Judicial murder.

Well, I’ll conclude where I started.  In a rational and just world, innocence is always a defense.  Whatever twisted pathology inhabits the conservative psyche, they have no right to visit it upon the rest of us.

The crime is that they have the power to do so.

               Dr. Publico

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