Sheer Intelligence: Is California About To Execute An Innocent Man?
Three hours and 42 minutes. That's how close Kevin Cooper came in 2004 to being murdered by the state, strapped down to a gurney and poisoned via lethal injection. He had been placed in what he calls a "death chamber waiting room" stripped of his clothes and body searched several times before he was granted a stay of execution. Five years later, in an unprecedented dissent of a ruling denying him a new trial, five federal judges on the Ninth Circuit Court of Appeals issued an opinion that began: "The State of California may be about to execute an innocent man."
A rash of evidence appeared to substantiate their claim of his likely innocence. In the opinion, Judge William A. Fletcher details multiple Brady disclosures—key information that the prosecution illegally ignored or actively suppressed that could exculpate Cooper.