01/30/2004 GAAS:41:04 FOR IMMEDIATE RELEASE Print Version |
Governor Schwarzenegger Denies Clemency to Convicted Murderer Kevin Cooper
Governor Arnold Schwarzenegger issued the following statement today regarding his decision not to grant convicted murderer Kevin Cooper clemency:
"I have carefully weighed the claims presented in Kevin Cooper's plea for clemency. The state and federal courts have reviewed this case for more than eighteen years. Evidence establishing his guilt is overwhelming, and his conversion to faith and his mentoring of others, while commendable, do not diminish the cruelty and destruction he has inflicted on so many. His is not a case for clemency."
The full text of the Governor's decision is below.
STATEMENT OF DECISION
In the Matter of the Petition for Clemency by Kevin Cooper
On June 2, 1983, Kevin Cooper escaped from a California prison and fled on foot to a neighborhood in Chino Hills. While hiding from authorities, he entered the sanctity of a family's home and brutally murdered Douglas and Peggy Ryen, their 10-year-old daughter Jessica, and an 11-year-old houseguest, Christopher Hughes. Eight-year-old Joshua Ryen, although severely injured, survived the attack.
A jury found Mr. Cooper guilty of four counts of first-degree murder and one count of attempted murder, and imposed the sentence of death. He is scheduled to be executed on February 10, 2004.
Mr. Cooper has submitted a petition for executive clemency in the form of a reprieve or a reduction in his sentence.
I have given serious consideration to Mr. Cooper's case. I am fully cognizant of the arguments and supporting materials submitted by Mr. Cooper's legal counsel. I am fully aware of the District Attorney's opposition to the petition, and have taken note of the many letters from citizens who have expressed their views on the death penalty and the appropriateness of granting clemency in this case. I have also considered the views of those who will be most impacted by my decision - Mr. Cooper and his family and friends, and the family and friends of the Ryen family and of Christopher Hughes.
Based on the arguments and materials presented in Mr. Cooper's petition and the District Attorney's opposition, I have concluded that this case does not present factual questions that warrant investigation or a hearing. I have also concluded that Mr. Cooper's petition and supporting materials do not demonstrate either manifest injustice or mitigating evidence sufficient to outweigh the circumstances of his crime.
The record in this matter speaks volumes. Mr. Cooper's conviction and sentence have been thoroughly reviewed and upheld by our highest state and federal courts. Notably, California's highest court concluded that evidence established Mr. Cooper's guilt of these horrible murders "overwhelmingly" and that the circumstances of the crimes supported the death penalty in this case. Additionally, Mr. Cooper's claims concerning the fairness of his trial and his claim that he is innocent have been the subject of litigation in the state and federal courts for more than eighteen years. I will not second guess the decisions of these courts, and I will not disturb the jury's verdict of guilt and sentence of death.
Mr. Cooper's attorneys argue that he should be granted clemency because he may have a mental deficiency from an auto accident that occurred when he stole a car while he was a juvenile. However, the record shows that Mr. Cooper's trial counsel investigated the possibility of mental deficiency at trial, but found no evidence to support it. Additionally, Mr. Cooper's writings and statements attached to his clemency petition, as well as the court decisions reviewing his case, do not support this claim.
I also note that Mr. Cooper sought and obtained recent DNA testing of evidence and, when that testing further proved his guilt, Mr. Cooper claimed that law enforcement authorities had tampered with the tested evidence. There are no facts which lead me to believe this claim has any merit.
A responsible jury, after hearing all the evidence, determined that Mr. Cooper murdered two adults and two children, and that he attempted to murder another child. To date, all state and federal courts have affirmed his conviction and death sentence. I can find no reasonable or compelling reason to disagree with these thorough evaluations of Mr. Cooper's case.
Although I am grateful that Mr. Cooper has found solace in God during his incarceration, I find that the aggravating circumstances of these brutal murders and Mr. Cooper's long history of criminal conduct and violence against others outweigh any mitigating factors and I can find no compelling reason to grant clemency in this case.
I have sworn to uphold the Constitution and the laws of the State of California, and I am deeply committed to that solemn duty. My respect for the rule of law and my review of the facts in this case lead me to my decision. Kevin Cooper's request for clemency is denied.
