WEBVTT - #244 Jason Flom with Kevin Cooper

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<v Speaker 1>On Saturday, June fourth, nineteen eighty three, and Chino Hills, California,

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<v Speaker 1>the Ryan family, Doug Peggy, their children, Jessica and Joshua,

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<v Speaker 1>as well as their neighbour's son, Christopher Hughes, were violently

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<v Speaker 1>attacked in the Ryan home. Only eight year old Joshua

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<v Speaker 1>Ryan survived, and at the hospital he described the perpetrators

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<v Speaker 1>as three white or Hispanic men. At the same time,

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<v Speaker 1>Kevin Cooper, a black man, had recently escaped from a

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<v Speaker 1>nearby prison and had holed up in a vacant house

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<v Speaker 1>near the Ryan home. When the police learned of the

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<v Speaker 1>prison break, they disregarded the witnesses and tips corroborating josh

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<v Speaker 1>Ryan's description in favor of the theory that one of

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<v Speaker 1>the prison escapees was responsible, and as pressure mounted to

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<v Speaker 1>solve the case with an election fast approaching, Kevin Cooper

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<v Speaker 1>became an easy scapegoat for the sheriff. Under the DA's orders,

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<v Speaker 1>the crime scene was dismantled and moved to a warehouse,

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<v Speaker 1>rendering forensic testing us useless. The prosecution's case a trial

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<v Speaker 1>was riddled with inconsistencies and problematic evidence, but with a

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<v Speaker 1>poorly prepared defense attorney and hidden or destroyed exculpatory evidence

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<v Speaker 1>that jury convicted Kevin of the murders and he was

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<v Speaker 1>sentenced to death. We're joined by Kevin and his attorney

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<v Speaker 1>Norman Hile, to discuss the status of his case, as

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<v Speaker 1>well as the proven evidence tampering misconduct by the Sheriff's

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<v Speaker 1>department and compelling alternate suspects that should have ended any

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<v Speaker 1>suspicion into Kevin Cooper back in nineteen eighty three. This

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<v Speaker 1>is wrongful Conviction. Welcome back to Wrongful Conviction today's episode.

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<v Speaker 1>I'm going to say this case is as troubling as

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<v Speaker 1>any case I've ever heard of, and I've been doing

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<v Speaker 1>this work for a long, long long time. And with

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<v Speaker 1>me today of course the man himself, Kevin Cooper, who

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<v Speaker 1>has lived and continues to live through this nightmare, as

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<v Speaker 1>well as his attorney Norman Hyle of Oric Harrington and Sutcliffe.

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<v Speaker 1>So Norm, welcome to rafel Conviction. Really glad to have

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<v Speaker 1>you here. It's great to be here and coming to

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<v Speaker 1>us from inside the walls of San Quentin, where he

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<v Speaker 1>remains to this very day. We have Kevin Cooper, Kevin,

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<v Speaker 1>I'm so sorry here joining us from where you're at

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<v Speaker 1>where you never belonged in the first place. We don't

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<v Speaker 1>belong now, but I'm very honored to have you here

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<v Speaker 1>with us.

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<v Speaker 2>Thank you for having me.

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<v Speaker 1>This case involves layers and layers of misconduct and incompetence

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<v Speaker 1>that would be funny if it wasn't so sick. I mean,

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<v Speaker 1>you're going to hear about so many instances in which

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<v Speaker 1>evidence was either altered, planted, or tampered with that you're

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<v Speaker 1>going to find it hard to belie leave. But if

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<v Speaker 1>it wasn't borne out by the evidence, Norman wouldn't risk

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<v Speaker 1>his career to say it here today on the show.

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<v Speaker 1>And this case also involves one of the most terrifying

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<v Speaker 1>crimes I'm going to say in the history not just

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<v Speaker 1>of California, but of this entire country. I mean, this

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<v Speaker 1>is reminiscent of Charles Manson, the Tate LaBianca murders, and

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<v Speaker 1>others that have made it into the popular consciousness. And

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<v Speaker 1>what's even worse, if you can imagine that, is that

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<v Speaker 1>the three white or Hispanic perpetrators who are actually responsible

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<v Speaker 1>for this twisted scenario never were brought to justice because

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<v Speaker 1>the police targeted Kevin Cooper, who is neither white nor Hispanic,

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<v Speaker 1>but a black man. And there's not three of him,

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<v Speaker 1>There's only one. And so before I lose my mind here, Kevin,

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<v Speaker 1>let's go back before all of the circumstances that led

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<v Speaker 1>to this web of total insanity. I mean, can you

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<v Speaker 1>tell us about your early life. You were born Richard

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<v Speaker 1>Goodman in Pittsburgh, Pennsylvania, and then you were adopted by

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<v Speaker 1>Melvin and Esther Cooper.

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<v Speaker 2>Is that correct, Yeah, sir, that's correct. Growing up with

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<v Speaker 2>my adoptive family, it was what it was. I mean,

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<v Speaker 2>they were a good family. My own issue that I

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<v Speaker 2>have with them, and basically what my adoptive father was

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<v Speaker 2>that he was a disciplinarian and he used to violently

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<v Speaker 2>beat me for things that all kids do. And I

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<v Speaker 2>couldn't take that beating. My body couldn't take that beating.

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<v Speaker 2>So over time, as early as seven years old, I

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<v Speaker 2>was running away from home, and of course, if you

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<v Speaker 2>run away from home, if you're out on the streets

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<v Speaker 2>as a child, you have to eat. So I was

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<v Speaker 2>stealing to eat, you know, and then it's just one.

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<v Speaker 1>Thing there to another, right, so you're out there, you know,

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<v Speaker 1>fending for yourself as early as seven years old, which

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<v Speaker 1>led to a number of run ins with the law,

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<v Speaker 1>from petty thefts and things like that, to stay, let's

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<v Speaker 1>face it, clothed and bed and to meet your basic

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<v Speaker 1>survival needs. And obviously lift is a crime. But when

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<v Speaker 1>life deals you a hand like you got, you had

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<v Speaker 1>to do what you did to survive. And importantly, none

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<v Speaker 1>of it was violent, and none of it makes you

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<v Speaker 1>a murderer or a candidate for death row.

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<v Speaker 2>You know, they always trying to find the dead and people, right,

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<v Speaker 2>they're morally good people and we're more than bad people,

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<v Speaker 2>especially when you're poor and you're black. I don't apologize

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<v Speaker 2>for those things I did as a child because I

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<v Speaker 2>didn't know better. And for a child to teach yourself,

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<v Speaker 2>what what do you need parents for? My parents didn't

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<v Speaker 2>teach me. So the people on the street topey how

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<v Speaker 2>to steal cars, how to get out of the rain,

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<v Speaker 2>how to get out of the cold. You know, I

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<v Speaker 2>don't justify it, but I don't apologize for it. And

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<v Speaker 2>I'll be darned if I'm going to let anybody make

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<v Speaker 2>me feel bad about it, because that was just my life. Man.

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<v Speaker 1>So in nineteen eighty two, you picked up a burglary,

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<v Speaker 1>right and in order to avoid prison, you pretended to

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<v Speaker 1>be mentally incompetent and unfit to stand trial, which puts

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<v Speaker 1>you in Mayview State Hospital in Pennsylvania. And at this

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<v Speaker 1>point you'd been there before because of drugs, and you

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<v Speaker 1>had noticed that it would be pretty easy to escape from.

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<v Speaker 1>And here's a key part of the story. While you

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<v Speaker 1>were there, you picked up a driver's license for a

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<v Speaker 1>man named David Troutman. And when you escape from the

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<v Speaker 1>facility and with some help made your way off to California,

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<v Speaker 1>you passed yourself off as this David Troutman guy, right.

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<v Speaker 2>Right, Because at that time, driver's license didn't have photos on.

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<v Speaker 2>It was just a name and a data both and

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<v Speaker 2>your driver's license ID number, but there was no photo.

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<v Speaker 1>Yeah, it's crazy to think about that, no picture on

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<v Speaker 1>a driver's license. It seems like a different era entirely,

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<v Speaker 1>which it was. But anyway, so you're in California and

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<v Speaker 1>you're doing what you needed to do to survive. What

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<v Speaker 1>you know how to do is survive, and once again

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<v Speaker 1>you're arrested for burglary there, but this time as David Troutman,

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<v Speaker 1>and that leads to your incarceration at the California Institute

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<v Speaker 1>for Man. Otherwise, notice CIM in Chino, California, again under

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<v Speaker 1>this alias of David Troutman. So none of this makes

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<v Speaker 1>you a murderer, but it is really crazy, right, and

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<v Speaker 1>now the story takes another crazy turn. It sounds like

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<v Speaker 1>a movie. In June of nineteen eighty three, you escaped

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<v Speaker 1>from that prison, which happened to be in the area

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<v Speaker 1>of these absolutely horrendous murders. And from what I understand,

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<v Speaker 1>it wasn't even that hard to escape. I mean, you

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<v Speaker 1>didn't have to be Houdini, right, Yeah, June.

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<v Speaker 2>Sit in nineteen eighty three, I was walking around in

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<v Speaker 2>the prison, not in my finish, and I get to

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<v Speaker 2>this one spot in fear. It was a big asshole

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<v Speaker 2>in the fish. I didn't even think about it.

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<v Speaker 1>I was gone, right, And then they searched for several

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<v Speaker 1>hours and then gave up. Apparently Kevin, of course, now

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<v Speaker 1>is out, but has no idea where to go, no money,

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<v Speaker 1>never been in this area before except inside the prison.

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<v Speaker 1>So he found his way to a bacont house in

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<v Speaker 1>a residential area and spent two days hiding there before

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<v Speaker 1>hitchhiking to Mexico on the evening of June fourth. Now

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<v Speaker 1>it's worth noting, by the way, that in nineteen eighty

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<v Speaker 1>three alone, fourteen prisoners escaped from this particular prison. That's insane.

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<v Speaker 1>So this included, of course Kevin, as well as a

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<v Speaker 1>guy named Ambloro Nori and Michael Martinez. You both escaped

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<v Speaker 1>two days after Kevin on June fourth, nineteen eighty three,

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<v Speaker 1>and that's an important date because the murders were getting

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<v Speaker 1>ready to tell you about took place that very night

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<v Speaker 1>on June fourth, nineteen eighty three.

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<v Speaker 3>The family who was murdered was Doug and Peggy Ryan

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<v Speaker 3>and their daughter Jessica, and a HouseGuest Christopher Hughes, who

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<v Speaker 3>was there by chance that night spending the night, who

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<v Speaker 3>was a friend of Josh Ryan's, the eight year old

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<v Speaker 3>boy who survived. The Ryans were very strong people. Doug

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<v Speaker 3>Ryan was a former military policeman and a chiropractor, and

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<v Speaker 3>his wife, Peggy was not only a chiropractor, but she

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<v Speaker 3>trained Arabian horses. However, both of Ryan's and their two

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<v Speaker 3>children and Christopher Hughes were overwhelmed by three people who

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<v Speaker 3>used three or four different weapons, and there were at

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<v Speaker 3>least one hundred and forty four wounds on the victims.

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<v Speaker 3>The adults, Mister and Missus Ryan were left in a

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<v Speaker 3>posed position similar to the Tate La Bianca murders, as

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<v Speaker 3>if to indicate there had been some sort of ritual

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<v Speaker 3>going on as to how they were killed.

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<v Speaker 1>Peggy had seventeen hatchet wounds to the face and head

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<v Speaker 1>and four knife wounds to the chest. Jessica was stabbed

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<v Speaker 1>forty six times with three different weapons. Douglas suffered thirty

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<v Speaker 1>seven knife and hatchet wounds and a severed finger, and

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<v Speaker 1>Christopher had twenty six stab wounds and numerous skull fractures

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<v Speaker 1>and a severed finger as well.

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<v Speaker 3>The sole survivor of this mayhem was Josh Ryan, who

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<v Speaker 3>was eight years old, and he was found the next

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<v Speaker 3>morning still alive when Christopher Hughes's father came to try

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<v Speaker 3>to collect Christopher and discovered the victims in the Ryan's

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<v Speaker 3>master bedroom in their home. Josh Ryan was still alive,

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<v Speaker 3>although his throat had been cut. They were able to

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<v Speaker 3>quickly take him to Loma Linda Hospital by helicopter and

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<v Speaker 3>his life was saved.

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<v Speaker 1>So this is a really horrifying crime. But then right

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<v Speaker 1>away it seems like we see the police mishandling this

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<v Speaker 1>case to an extreme and I'm talking about. Beginning with

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<v Speaker 1>the initial investigation.

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<v Speaker 3>The San Bernardino County Sheriff's Department allowed over seventy people

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<v Speaker 3>to walk through the crime scene during the first twenty

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<v Speaker 3>four hours that the murders were discovered. The result of

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<v Speaker 3>that was that most of the evidence was contaminated. What

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<v Speaker 3>happened next is even more bizarre. The District Attorney for

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<v Speaker 3>San Bernardino County decided that the best thing to do,

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<v Speaker 3>perhaps to cover up the way in which the crime

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<v Speaker 3>scene had been mishandled, was to completely tear down the

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<v Speaker 3>crime scene, and the walls and the carpets and the

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<v Speaker 3>furniture and everything was put into a storage facility that

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<v Speaker 3>did not have air conditioning. And the result of that

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<v Speaker 3>was that all of the blood evidence that was in

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<v Speaker 3>what had been taken out of the Ryan bedroom became

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<v Speaker 3>useless for purposes of trying to do chemical analysis of it.

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<v Speaker 3>There couldn't be any analysis done of the blood spots

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<v Speaker 3>and the way in which the bodies had moved, which

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<v Speaker 3>might have been able to determine how many attackers there were,

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<v Speaker 3>what snives and hatchets had been used by them, and

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<v Speaker 3>how the victims had managed to fight back. All of

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<v Speaker 3>that was lost when the district attorney ordered that the

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<v Speaker 3>Ryan master bedroom be torn down and taken away.

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<v Speaker 1>On the fifth, So, the day after the murders, a

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<v Speaker 1>hatchet was found on the side of a road leading

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<v Speaker 1>away from the Ryan's house. Forensics tested the hatchet, but

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<v Speaker 1>they botched that as well, so any evidence from the

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<v Speaker 1>hatchet was now rendered useless. You don't have to be

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<v Speaker 1>a criminologist to know that this is a freaking disaster

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<v Speaker 1>in the making. I mean, it's really sobering to think

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<v Speaker 1>about the fact that they were willing to go to

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<v Speaker 1>these extraordinary lengths to cover up the terrible incompetence in

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<v Speaker 1>a case that should have been the number one priority

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<v Speaker 1>to be solved. This is so troubling and it's a

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<v Speaker 1>miracle that Joshua did survive.

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<v Speaker 3>The reason that we know that there were three white

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<v Speaker 3>or Mexican males who were the attackers is that josh

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<v Speaker 3>Ryan was able to tell hospital staff and the Sheriff's

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<v Speaker 3>department that within a few hours of when he was found.

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<v Speaker 1>And there were other people that came forward. One neighbor

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<v Speaker 1>actually reported to investigators having seen three white men driving

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<v Speaker 1>away from the Ryan home after midnight on the night

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<v Speaker 1>of the murders. Corroborating Josh Ryan's.

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<v Speaker 3>Description, Yes, there were two different sightings of the Ryan

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<v Speaker 3>station wagon speeding away from the Ryan home of the crimes,

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<v Speaker 3>and the people who saw them saw that there were

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<v Speaker 3>at least three people in the station wagon. In addition,

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<v Speaker 3>that same night, a number of people in a local

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<v Speaker 3>bar very close to the crime scene reported seeing three

0:13:14.920 --> 0:13:19.120
<v Speaker 3>white men acting strangely in the bar, and late that

0:13:19.280 --> 0:13:22.559
<v Speaker 3>night one of them came back in and was in

0:13:22.679 --> 0:13:25.640
<v Speaker 3>coveralls that were covered in blood and in fact, the

0:13:25.760 --> 0:13:29.400
<v Speaker 3>San Bernardino County Sheriff's Department issued a criminal bulletin on

0:13:29.720 --> 0:13:34.400
<v Speaker 3>June seventh, which said the suspects were three either white

0:13:34.480 --> 0:13:37.920
<v Speaker 3>or Mexican males, late teens or early twenties, wearing a

0:13:37.960 --> 0:13:41.080
<v Speaker 3>white T shirt, a blue short sleeve shirt, a red

0:13:41.120 --> 0:13:44.880
<v Speaker 3>long sleeve shirt, and Levi's So they had all of

0:13:44.880 --> 0:13:47.559
<v Speaker 3>this information about who had committed this crime.

0:13:47.960 --> 0:13:51.400
<v Speaker 1>Then. Seeing this bulletin, a woman named Diana Roper called

0:13:51.400 --> 0:13:53.760
<v Speaker 1>the sheriff two days later to apport that her boyfriend

0:13:53.920 --> 0:13:57.640
<v Speaker 1>Lee Furrow had come home get this around three am

0:13:57.720 --> 0:14:02.880
<v Speaker 1>the night of the murders. To her, he had arrived

0:14:03.000 --> 0:14:06.760
<v Speaker 1>in an unfamiliar station wagon with some people who stayed

0:14:06.800 --> 0:14:10.240
<v Speaker 1>in the car. He changed out of his overalls, which

0:14:10.280 --> 0:14:14.120
<v Speaker 1>he left on the closet floor. He was not wearing

0:14:14.200 --> 0:14:16.439
<v Speaker 1>the blue T shirt that he had been wearing earlier

0:14:16.480 --> 0:14:19.920
<v Speaker 1>that day. He left the house about five minutes later

0:14:19.960 --> 0:14:24.080
<v Speaker 1>and didn't return. From what we understand, he then went

0:14:24.160 --> 0:14:26.480
<v Speaker 1>on the lamb to San Diego.

0:14:26.760 --> 0:14:30.800
<v Speaker 3>And she gave to the Sheriff's department a pair of

0:14:31.200 --> 0:14:34.840
<v Speaker 3>coveralls that were covered in blood that her boyfriend had

0:14:34.960 --> 0:14:37.680
<v Speaker 3>discarded when he came home about three o'clock in the

0:14:37.720 --> 0:14:41.440
<v Speaker 3>morning the morning after the murders, and ultimately, because it

0:14:41.480 --> 0:14:45.560
<v Speaker 3>was inconsistent with prosecuting, Kevin Cooper destroyed them without ever

0:14:45.720 --> 0:14:48.400
<v Speaker 3>testing them to see whether or not the coveralls had

0:14:48.400 --> 0:14:49.480
<v Speaker 3>the victim's blood on him.

0:14:50.040 --> 0:14:53.240
<v Speaker 1>Okay, there's also this blue T shirt that was covered

0:14:53.280 --> 0:14:56.040
<v Speaker 1>in blood that a woman found two days after the

0:14:56.120 --> 0:15:00.120
<v Speaker 1>murder near the Canyon Corral bar near the crime scene. Well,

0:15:00.440 --> 0:15:03.480
<v Speaker 1>if you remember the blue T shirt from the descriptions,

0:15:03.880 --> 0:15:08.200
<v Speaker 1>Diana Roper also mentioned Lee Burrow missing his own blue

0:15:08.200 --> 0:15:10.560
<v Speaker 1>T shirt that he had been wearing earlier that day.

0:15:10.960 --> 0:15:13.120
<v Speaker 1>So this blue T shirt that was turned in was

0:15:13.160 --> 0:15:14.200
<v Speaker 1>that ever tested?

0:15:14.920 --> 0:15:20.000
<v Speaker 3>The sheriff's log reflects that the sheriff's deputy came to

0:15:20.040 --> 0:15:22.560
<v Speaker 3>where the women had found the shirt and collected the

0:15:22.600 --> 0:15:26.600
<v Speaker 3>shirt and the short sleeve blue shirt, which fits the

0:15:26.640 --> 0:15:30.320
<v Speaker 3>description that Josh Ryan gave of one of the assailants

0:15:30.360 --> 0:15:33.960
<v Speaker 3>disappeared and in fact they now claim that it never existed,

0:15:34.480 --> 0:15:37.720
<v Speaker 3>even though their own log shows that they got a

0:15:37.800 --> 0:15:40.320
<v Speaker 3>call about it and that they retrieved them. So they

0:15:40.320 --> 0:15:44.520
<v Speaker 3>were willing to try to frame Kevin Cooper and to

0:15:44.520 --> 0:15:47.520
<v Speaker 3>get rid of evidence that might have pointed them to

0:15:48.000 --> 0:15:58.240
<v Speaker 3>other assailants.

0:15:59.800 --> 0:16:04.080
<v Speaker 1>This episode is underwritten by AIG, a leading global insurance company.

0:16:04.440 --> 0:16:07.880
<v Speaker 1>AIG is committed to corporate social responsibility and is making

0:16:07.920 --> 0:16:10.720
<v Speaker 1>a positive difference in the lives of its employees and

0:16:10.760 --> 0:16:13.400
<v Speaker 1>in the communities where we work and live. In light

0:16:13.520 --> 0:16:16.280
<v Speaker 1>of the compelling need for pro bono legal assistance, and

0:16:16.320 --> 0:16:20.320
<v Speaker 1>in recognition of AIG's commitment to criminal and social justice reform,

0:16:20.560 --> 0:16:24.360
<v Speaker 1>the AIG pro Bono Program provides free legal services and

0:16:24.520 --> 0:16:35.240
<v Speaker 1>other support to underrepresented communities and individuals. So there was

0:16:35.360 --> 0:16:38.880
<v Speaker 1>overwhelming evidence mounting that a group of three white or

0:16:38.960 --> 0:16:43.280
<v Speaker 1>Hispanic men were responsible. Meanwhile, there's the specter of this

0:16:43.480 --> 0:16:47.200
<v Speaker 1>prison break. So the police were also following up on

0:16:47.320 --> 0:16:50.880
<v Speaker 1>the theory that a recent escape bee from CIM might

0:16:50.920 --> 0:16:55.000
<v Speaker 1>have been responsible, and when CIM officials gave them the

0:16:55.000 --> 0:16:57.560
<v Speaker 1>info on all of the recent escapees, they found out

0:16:57.560 --> 0:17:00.560
<v Speaker 1>that one of them, David Troutman will Not wasn't his

0:17:00.680 --> 0:17:04.600
<v Speaker 1>real name, so as we know, that was Kevin's alias

0:17:04.640 --> 0:17:07.320
<v Speaker 1>at the time, and so their focus turned away from

0:17:07.359 --> 0:17:11.600
<v Speaker 1>Diana roper Lee Furrow, the bloody T shirt and coveralls,

0:17:12.000 --> 0:17:15.080
<v Speaker 1>and all of the other evidence that corroborated Josh Ryan's

0:17:15.119 --> 0:17:18.280
<v Speaker 1>description of a gang of three white or Hispanic men,

0:17:18.480 --> 0:17:21.480
<v Speaker 1>and now they just turned to Kevin the lone black.

0:17:21.280 --> 0:17:25.000
<v Speaker 2>Man com es cecil chill. Anyone who studies this case

0:17:25.840 --> 0:17:29.600
<v Speaker 2>that one person who weighs one hundred and fifty five pounds,

0:17:30.040 --> 0:17:34.119
<v Speaker 2>a skinny little kid, cannot murder four people want to

0:17:34.200 --> 0:17:35.080
<v Speaker 2>kept their murder of.

0:17:35.080 --> 0:17:38.080
<v Speaker 3>Fifth, the idea that three or four weapons were used,

0:17:38.080 --> 0:17:39.959
<v Speaker 3>that there were one hundred and forty four wounds, that

0:17:40.119 --> 0:17:45.000
<v Speaker 3>two adults were overcome. Both mister and Missus Ryan had

0:17:45.080 --> 0:17:47.960
<v Speaker 3>loaded weapons at their bedside, and neither of them was

0:17:48.000 --> 0:17:50.880
<v Speaker 3>able to get to those weapons when they were attacked,

0:17:51.240 --> 0:17:54.040
<v Speaker 3>which clearly shows that they were more than one attacker.

0:17:54.520 --> 0:17:59.280
<v Speaker 3>The fact that the Sheriff's department changed its story from

0:17:59.400 --> 0:18:03.119
<v Speaker 3>being three whier Mexican men was that Kevin Cooper was

0:18:03.160 --> 0:18:07.840
<v Speaker 3>a very convenient target. And at the time, the sheriff

0:18:08.280 --> 0:18:12.199
<v Speaker 3>for San Bernardino County, a man named Floyd Tidwell, was

0:18:12.280 --> 0:18:16.080
<v Speaker 3>running for sheriff that fall, and he needed to solve

0:18:16.119 --> 0:18:19.480
<v Speaker 3>this crime as quickly as possible, and therefore Kevin Cooper

0:18:19.640 --> 0:18:21.360
<v Speaker 3>became the convenient scapegoat.

0:18:21.760 --> 0:18:24.160
<v Speaker 1>So now they began to try to find some evidence

0:18:24.200 --> 0:18:27.480
<v Speaker 1>to support that theory. So they swept the area to

0:18:27.560 --> 0:18:30.199
<v Speaker 1>Buying where Kevin had been hiding out after his escape,

0:18:30.280 --> 0:18:33.000
<v Speaker 1>and the owner of that house, Larry Lease, who obviously

0:18:33.000 --> 0:18:35.600
<v Speaker 1>had not been at home while Kevin was there, he

0:18:35.680 --> 0:18:37.920
<v Speaker 1>called the police asking them to come by and check

0:18:37.920 --> 0:18:38.520
<v Speaker 1>out the house.

0:18:39.119 --> 0:18:42.040
<v Speaker 3>That's correct, and the first time that the Leae house

0:18:42.320 --> 0:18:47.240
<v Speaker 3>was inspected after the crimes had been discovered, two detectives

0:18:47.440 --> 0:18:50.760
<v Speaker 3>went into the house from the Sheriff's department. They didn't

0:18:50.800 --> 0:18:53.280
<v Speaker 3>find anything, and they wrote a report saying they didn't

0:18:53.320 --> 0:18:56.760
<v Speaker 3>find anything with respect to that might have tied Kevin

0:18:56.800 --> 0:19:00.200
<v Speaker 3>to the crime. But the next day they went back

0:19:00.320 --> 0:19:03.240
<v Speaker 3>and suddenly in a room that they had said they

0:19:03.240 --> 0:19:07.040
<v Speaker 3>before had no evidence in it. There was a green

0:19:07.400 --> 0:19:10.399
<v Speaker 3>prison jacket button on the floor in the middle of

0:19:10.440 --> 0:19:14.120
<v Speaker 3>a carpet, and a hatchet sheath. The fact that they

0:19:14.160 --> 0:19:16.920
<v Speaker 3>were not seen on the first inspection of the house

0:19:16.960 --> 0:19:19.439
<v Speaker 3>and were seen for the second one says to us

0:19:19.520 --> 0:19:23.200
<v Speaker 3>that they were planted. The green button, of course, didn't

0:19:23.280 --> 0:19:26.719
<v Speaker 3>turn out to be consistent with what Kevin Cooper was wearing.

0:19:26.800 --> 0:19:31.960
<v Speaker 3>There is testimony from a guard who saw Kevin having escaped,

0:19:32.200 --> 0:19:34.439
<v Speaker 3>who reported that he was in a brown prison jacket,

0:19:34.440 --> 0:19:37.720
<v Speaker 3>so the green button was clearly planted because the Sheriff's

0:19:37.720 --> 0:19:40.719
<v Speaker 3>department didn't know what color jacket Kevin was wearing at

0:19:40.760 --> 0:19:44.840
<v Speaker 3>the time. The hatchet sheath is clearly a hatchet sheaf

0:19:45.000 --> 0:19:47.720
<v Speaker 3>for a hatchet that was kept at the Least house

0:19:48.400 --> 0:19:52.320
<v Speaker 3>and that disappeared. The hatchet that was found outside the

0:19:52.400 --> 0:19:55.920
<v Speaker 3>Ryan home that was one of the murder weapons was

0:19:55.960 --> 0:19:59.200
<v Speaker 3>a different hatchet with a different color handle. But the

0:19:59.600 --> 0:20:03.119
<v Speaker 3>prospers Jushon obviously wanted to try to tie Kevin to

0:20:03.200 --> 0:20:06.439
<v Speaker 3>the crime by planting the hatchet chief that went with

0:20:06.600 --> 0:20:09.680
<v Speaker 3>the hatchet from the Leice house in order to frame

0:20:09.800 --> 0:20:10.399
<v Speaker 3>Kevin Cooper.

0:20:10.920 --> 0:20:14.560
<v Speaker 1>There's literally no end to what they were willing to

0:20:14.640 --> 0:20:17.800
<v Speaker 1>do in order to make sure that no justice was

0:20:17.840 --> 0:20:23.760
<v Speaker 1>done in this case. Yeah wow. And while this horrible

0:20:23.840 --> 0:20:27.919
<v Speaker 1>cover up of this ridiculously botched crime scene and investigation

0:20:28.080 --> 0:20:31.880
<v Speaker 1>was going on, Kevin had hitchhike to Mexico, right, I mean,

0:20:32.480 --> 0:20:36.720
<v Speaker 1>he's unaware of this quadruple murder, but he did still

0:20:36.880 --> 0:20:40.800
<v Speaker 1>escape from prison. So he checked into a hotel in Tijuana,

0:20:41.359 --> 0:20:44.680
<v Speaker 1>and there he befriended an American couple and he hitched

0:20:44.720 --> 0:20:47.359
<v Speaker 1>a ride on their boat. He was arrested when they

0:20:47.400 --> 0:20:50.679
<v Speaker 1>pulled into Pelican Bay, which is near Santa Barbara, and

0:20:50.720 --> 0:20:54.720
<v Speaker 1>he sat in jail for about two years before even

0:20:54.760 --> 0:20:55.520
<v Speaker 1>going to trial.

0:20:56.160 --> 0:20:59.880
<v Speaker 3>So the one piece of evidence that the prosecution relied

0:20:59.920 --> 0:21:03.119
<v Speaker 3>on Pond was a blood spot on a wall outside

0:21:03.320 --> 0:21:07.280
<v Speaker 3>the Ryan bedroom, and that blood spot has been the

0:21:07.320 --> 0:21:12.080
<v Speaker 3>source of dispute ever since. At trial, the Sheriff's Department

0:21:12.240 --> 0:21:17.760
<v Speaker 3>forensic scientist said that the blood type matched Kevin Cooper's

0:21:17.800 --> 0:21:22.680
<v Speaker 3>blood type, but when he was cross examined by defense counsel,

0:21:22.800 --> 0:21:25.760
<v Speaker 3>it became clear that he had botched the test and

0:21:25.840 --> 0:21:29.040
<v Speaker 3>gotten the wrong blood type to be a match to Kevin,

0:21:29.080 --> 0:21:33.199
<v Speaker 3>and had changed his notes to make the blood type

0:21:33.240 --> 0:21:36.879
<v Speaker 3>match Kevin, and that was shown to the jury. Meanwhile,

0:21:37.080 --> 0:21:40.639
<v Speaker 3>that blood spot had been subjected to testing only by

0:21:40.640 --> 0:21:43.439
<v Speaker 3>the prosecution, and it had been tested so much that

0:21:43.480 --> 0:21:45.439
<v Speaker 3>it was exhausted, there was none left of it.

0:21:46.040 --> 0:21:49.840
<v Speaker 1>So they changed the blood type to match Kevin Cooper.

0:21:50.080 --> 0:21:53.480
<v Speaker 1>Exactly what in the war? They changed the freaking blood type?

0:21:53.760 --> 0:21:57.680
<v Speaker 1>Who does these things? There's also some Harris found right

0:21:57.760 --> 0:22:00.520
<v Speaker 1>that didn't match their narrative at all, but they didn't

0:22:00.520 --> 0:22:01.440
<v Speaker 1>bring that up. Right.

0:22:01.880 --> 0:22:05.840
<v Speaker 3>Jessica Ryan had hairs clutched in her hand when her

0:22:05.920 --> 0:22:09.560
<v Speaker 3>body was found that were blonde in color, and the

0:22:09.680 --> 0:22:12.680
<v Speaker 3>jury was never told that a trial. The prosecution didn't

0:22:12.720 --> 0:22:15.400
<v Speaker 3>want that to be known, and the defense lawyer did

0:22:15.440 --> 0:22:17.800
<v Speaker 3>not do a good job. Bear in mind, there were

0:22:17.840 --> 0:22:21.040
<v Speaker 3>no hairs from an African American at the crime scene

0:22:21.080 --> 0:22:22.240
<v Speaker 3>note ever found.

0:22:22.119 --> 0:22:25.439
<v Speaker 1>And so the prosecution brings up the station wagon. Doesn't

0:22:25.440 --> 0:22:27.159
<v Speaker 1>make a big deal that the blood evidence of the

0:22:27.160 --> 0:22:30.040
<v Speaker 1>car clearly shows that three perpetrators had stained the seats

0:22:30.080 --> 0:22:35.600
<v Speaker 1>beneath them. But they do bring up cigarette butts, cigarette

0:22:35.600 --> 0:22:40.639
<v Speaker 1>butts that somehow were not found during the first inspection

0:22:40.920 --> 0:22:42.320
<v Speaker 1>of the Ryan station wagon.

0:22:42.640 --> 0:22:45.119
<v Speaker 3>The origin of those cigarette butts, of course, is the

0:22:45.160 --> 0:22:48.639
<v Speaker 3>cigarette butts that they collected in the lease house after

0:22:48.680 --> 0:22:53.280
<v Speaker 3>they inspected it, which disappeared, and then suddenly cigarette butts

0:22:53.320 --> 0:22:56.560
<v Speaker 3>with Kevin's blood type bottom are discovered in the Ryan

0:22:56.640 --> 0:23:00.359
<v Speaker 3>station wagon. There's another part to the forensic Marie ass

0:23:00.480 --> 0:23:03.520
<v Speaker 3>that is this case, which is that at the lease

0:23:03.560 --> 0:23:09.399
<v Speaker 3>house they tested the shower area for blood. The problem

0:23:09.480 --> 0:23:12.760
<v Speaker 3>with that is that the test that they did is

0:23:12.800 --> 0:23:16.159
<v Speaker 3>a test that could be showing either blood or bleach,

0:23:16.600 --> 0:23:20.520
<v Speaker 3>and the woman who had left the lease house the

0:23:20.560 --> 0:23:24.600
<v Speaker 3>week that the murders were committed testified that she had

0:23:24.720 --> 0:23:27.760
<v Speaker 3>in fact cleaned the tub with bleach. So there was

0:23:27.800 --> 0:23:31.000
<v Speaker 3>clearly that basis for the finding that there was bleach

0:23:31.160 --> 0:23:34.119
<v Speaker 3>not blood in there. But of course that whole theory

0:23:34.359 --> 0:23:38.040
<v Speaker 3>is inconsistent with the theory that if he had committed

0:23:38.080 --> 0:23:40.719
<v Speaker 3>these murders, gone to the lease house and taken a shower,

0:23:40.760 --> 0:23:43.040
<v Speaker 3>he wouldn't have left blood in three different seats in

0:23:43.080 --> 0:23:45.760
<v Speaker 3>the car. But all of that was overlooked.

0:23:46.440 --> 0:23:51.160
<v Speaker 1>So what was presented, if anything, in his defense by

0:23:51.200 --> 0:23:51.639
<v Speaker 1>his team.

0:23:51.800 --> 0:23:55.360
<v Speaker 3>Obviously, Kevin's lawyer did a good job of showing that

0:23:55.440 --> 0:24:00.600
<v Speaker 3>the blood spot evidence was faulty, but the problem that

0:24:00.880 --> 0:24:04.680
<v Speaker 3>he faced with his defense was that his lawyer, who

0:24:04.800 --> 0:24:08.600
<v Speaker 3>was a public defender, wanted to defend this case on

0:24:08.760 --> 0:24:12.320
<v Speaker 3>his own without any help from anybody else. Meanwhile, the

0:24:12.400 --> 0:24:18.800
<v Speaker 3>prosecution had countless lawyers and investigators and forensic people, and

0:24:18.880 --> 0:24:22.080
<v Speaker 3>so the lawyer for Kevin was simply overwhelmed, and he

0:24:22.160 --> 0:24:26.320
<v Speaker 3>never bothered to read the documents that were produced by

0:24:26.359 --> 0:24:30.040
<v Speaker 3>the prosecution, as it's required by law, and he didn't

0:24:30.280 --> 0:24:34.720
<v Speaker 3>know how to get any evidence forward that would have

0:24:34.760 --> 0:24:38.520
<v Speaker 3>shown that there was, for instance, blonde hairs in Jessica's hand.

0:24:38.760 --> 0:24:41.760
<v Speaker 3>And he basically told the trial judge that he was

0:24:41.800 --> 0:24:44.680
<v Speaker 3>exhausted and couldn't go forward, and the judge said to him, well,

0:24:44.680 --> 0:24:46.800
<v Speaker 3>you should have gotten help. It's too late now.

0:24:47.080 --> 0:24:48.879
<v Speaker 1>Let me just throw that back for a second. So

0:24:49.440 --> 0:24:52.240
<v Speaker 1>you did say that the defense lawyer, the one hope

0:24:52.280 --> 0:24:55.159
<v Speaker 1>in hell that Kevin had, at one point, said he

0:24:55.240 --> 0:24:58.520
<v Speaker 1>was too exhausted and couldn't go on, yes, and didn't

0:24:58.520 --> 0:25:01.919
<v Speaker 1>bother to read the for its prosecution the view that

0:25:01.960 --> 0:25:04.159
<v Speaker 1>they did turn over to him, which he's required by

0:25:04.200 --> 0:25:07.320
<v Speaker 1>ethics and everything else to do. That's correct.

0:25:07.480 --> 0:25:11.199
<v Speaker 3>Probably the most crucial piece of evidence at trial was

0:25:11.400 --> 0:25:16.120
<v Speaker 3>the testimony that the prosecution presented of Josh Ryan. As

0:25:16.160 --> 0:25:19.640
<v Speaker 3>you recall, Josh Ryan had identified the assailants as three

0:25:19.680 --> 0:25:23.080
<v Speaker 3>whiter Mexican men the morning after the crimes and.

0:25:23.000 --> 0:25:26.159
<v Speaker 2>He saw my pitscrow TV. He seen it wasn't me.

0:25:27.119 --> 0:25:29.359
<v Speaker 2>So what did they do to the Loane high witness?

0:25:29.760 --> 0:25:33.560
<v Speaker 2>They flipped him. They makes him say that he didn't

0:25:33.600 --> 0:25:36.840
<v Speaker 2>see me per se, but he saw a shadow with

0:25:37.000 --> 0:25:39.320
<v Speaker 2>a puff of hair and a puff of hair meaning

0:25:39.359 --> 0:25:40.000
<v Speaker 2>that air room.

0:25:40.560 --> 0:25:44.320
<v Speaker 3>And they presented a videotape of him where he simply

0:25:44.320 --> 0:25:48.280
<v Speaker 3>said that all he saw was one shadow of the assailants.

0:25:49.000 --> 0:25:53.359
<v Speaker 3>And the jury never was able to understand how that

0:25:53.600 --> 0:25:57.560
<v Speaker 3>change came about, and therefore the most crucial evidence in

0:25:57.600 --> 0:26:00.879
<v Speaker 3>the case from Josh Ryan was gone, as well as

0:26:01.080 --> 0:26:04.879
<v Speaker 3>not having the bloody coveralls that were turned over to

0:26:04.960 --> 0:26:08.200
<v Speaker 3>the Sheriff's department by the girlfriend of the person who

0:26:08.240 --> 0:26:11.160
<v Speaker 3>we think actually committed these crimes, or the blue shirt

0:26:11.160 --> 0:26:13.800
<v Speaker 3>with blood on it which matched the description that Josh

0:26:13.840 --> 0:26:16.800
<v Speaker 3>Ryan gave shortly after he was taken to the hospital.

0:26:17.160 --> 0:26:21.080
<v Speaker 3>So what you have is a very distorted picture that

0:26:21.119 --> 0:26:24.080
<v Speaker 3>the jury was shown of the evidence and of the

0:26:24.160 --> 0:26:27.679
<v Speaker 3>crime and of Kevin Cooper because of evidence that was

0:26:27.840 --> 0:26:30.600
<v Speaker 3>destroyed or hidden and evidence that was planted.

0:26:31.720 --> 0:26:33.440
<v Speaker 1>How long did the jury deliberate?

0:26:34.200 --> 0:26:39.560
<v Speaker 3>Jury actually deliberated for a week, seven days, and the

0:26:39.680 --> 0:26:42.280
<v Speaker 3>jury members have told us that if there had been

0:26:42.359 --> 0:26:46.320
<v Speaker 3>one less piece of evidence, they would have acquitted Kevin.

0:26:46.600 --> 0:26:48.920
<v Speaker 1>So, Kevin, when the jury went out to deliverate, can

0:26:48.960 --> 0:26:51.199
<v Speaker 1>you tell us what you were feeling then, what was

0:26:51.280 --> 0:26:52.359
<v Speaker 1>going through your mind?

0:26:53.040 --> 0:26:57.160
<v Speaker 2>Well, I'm feeling good because they deliberate seven days. I mean,

0:26:57.200 --> 0:26:59.120
<v Speaker 2>you would think that if they were going to find

0:26:59.160 --> 0:27:02.960
<v Speaker 2>me right away. So I'm thinking, damn, I got a shot.

0:27:03.200 --> 0:27:05.320
<v Speaker 2>And then I come back and they found me guilty,

0:27:05.359 --> 0:27:09.080
<v Speaker 2>and you know that was It's unreal. I can't put

0:27:09.119 --> 0:27:12.560
<v Speaker 2>into words. The person has to experience that personally for

0:27:12.800 --> 0:27:15.960
<v Speaker 2>them to truly understand the out of body experience that

0:27:15.960 --> 0:27:19.080
<v Speaker 2>that is. Now after that I was a convicted murderer,

0:27:19.440 --> 0:27:21.760
<v Speaker 2>society said that I don't deserve to live, and that's

0:27:21.760 --> 0:27:23.720
<v Speaker 2>how they treated me. They put me in the back

0:27:23.760 --> 0:27:25.679
<v Speaker 2>of a police car like at two o'clock in the

0:27:25.680 --> 0:27:28.960
<v Speaker 2>morning and drove me from San Diego all the way

0:27:29.000 --> 0:27:32.000
<v Speaker 2>up here to San Quentin Prison until I got here.

0:27:32.080 --> 0:27:34.400
<v Speaker 2>And they have nineteen eighty five. I was on death

0:27:34.440 --> 0:27:50.160
<v Speaker 2>room and I've been here every since. I got here

0:27:50.200 --> 0:27:53.639
<v Speaker 2>when I was twenty seven. Now I'm sixty four. My

0:27:53.760 --> 0:27:57.320
<v Speaker 2>life has says a lot. I have survived a lot,

0:27:57.880 --> 0:28:00.679
<v Speaker 2>and I've been through they own back. I did not

0:28:00.720 --> 0:28:02.960
<v Speaker 2>commit murders. I would not commit me. I'm not a

0:28:03.040 --> 0:28:05.800
<v Speaker 2>murder That's not in me to do. You know I've

0:28:05.800 --> 0:28:08.679
<v Speaker 2>been in Saying put prison nineteen eighty five. You know

0:28:08.720 --> 0:28:10.359
<v Speaker 2>I've never been in a fist writing. I'm on the

0:28:10.440 --> 0:28:14.199
<v Speaker 2>mainline death U York. I've never been to ac I've

0:28:14.200 --> 0:28:16.280
<v Speaker 2>never been in any trouble. I never had a whole

0:28:16.359 --> 0:28:21.400
<v Speaker 2>unquote prison writer for miscontent because I Missitussea laws. It's

0:28:21.440 --> 0:28:23.399
<v Speaker 2>just because this stuff was not in me.

0:28:24.560 --> 0:28:28.240
<v Speaker 1>And since then it's been a winding road through the

0:28:28.280 --> 0:28:32.720
<v Speaker 1>appeals process and the bad actors in this case. There's

0:28:32.720 --> 0:28:34.520
<v Speaker 1>still a whole lot more to come, right.

0:28:34.760 --> 0:28:38.720
<v Speaker 3>Well, talking about the appeals, first, on direct appeal to

0:28:38.760 --> 0:28:43.600
<v Speaker 3>the California Supreme Court, the California Supreme Court actually decided

0:28:43.640 --> 0:28:46.640
<v Speaker 3>for the first time to ascribe a motive to Kevin Cooper,

0:28:47.240 --> 0:28:49.800
<v Speaker 3>and in their opinion, even though the prosecution had never

0:28:49.840 --> 0:28:52.560
<v Speaker 3>asserted this, said that the reason for the murder of

0:28:52.600 --> 0:28:56.360
<v Speaker 3>the Ryots was for Kevin Cooper to steal the Ryans car. Well,

0:28:56.680 --> 0:29:00.040
<v Speaker 3>the Ryan station wagon which was taken away by the

0:29:00.080 --> 0:29:02.240
<v Speaker 3>ackers had the keys in it, so there was no

0:29:02.360 --> 0:29:06.200
<v Speaker 3>need for anybody to harm the Ryans if that was

0:29:06.240 --> 0:29:11.040
<v Speaker 3>the reason for the crimes. The California Supreme Court also

0:29:11.400 --> 0:29:15.760
<v Speaker 3>rejected a number of other claims of ineffective assistance of

0:29:15.800 --> 0:29:20.520
<v Speaker 3>its council and of evidence being planted and evidence being destroyed.

0:29:21.000 --> 0:29:24.760
<v Speaker 3>Federal courts under a piece of legislation called the Anti

0:29:24.840 --> 0:29:27.240
<v Speaker 3>Terrorism and Effective Death Penalty Act, it was passed in

0:29:27.240 --> 0:29:30.440
<v Speaker 3>the nineties, those federal courts are not allowed to make

0:29:30.480 --> 0:29:33.320
<v Speaker 3>findings that are inconsistent with what the state court findings are,

0:29:33.360 --> 0:29:37.840
<v Speaker 3>and that has been a real legal hurdle for Kevin

0:29:37.920 --> 0:29:43.160
<v Speaker 3>Cooper to assert his innocence and overturn this conviction, even

0:29:43.200 --> 0:29:46.200
<v Speaker 3>though the evidence that the California Supreme Court relied upon

0:29:46.280 --> 0:29:51.040
<v Speaker 3>has now been disproven. So Kevin's appeals continued in the

0:29:51.040 --> 0:29:55.760
<v Speaker 3>federal courts, handcuffed by this law, and finally, in February

0:29:55.800 --> 0:29:59.120
<v Speaker 3>of two thousand and four, Kevin was scheduled to be

0:29:59.200 --> 0:30:02.080
<v Speaker 3>executed when a stay was issued by the Ninth Circuit

0:30:02.280 --> 0:30:05.440
<v Speaker 3>Court of Appeals, giving Kevin the right to file a

0:30:05.480 --> 0:30:09.160
<v Speaker 3>new federal habeas corpus petition James L.

0:30:09.280 --> 0:30:12.040
<v Speaker 2>Brownie, he wrote a descent. He took that this in

0:30:12.120 --> 0:30:15.560
<v Speaker 2>around to all the other judges and for the first

0:30:15.560 --> 0:30:18.880
<v Speaker 2>time in the history of nestility case in California death

0:30:18.960 --> 0:30:21.800
<v Speaker 2>roal Indmaker in balk hearing, I got a nine or

0:30:21.840 --> 0:30:24.280
<v Speaker 2>two decision because she only did eleven judges at that time,

0:30:24.480 --> 0:30:28.120
<v Speaker 2>and they stayed not execution. But normally, when people get

0:30:28.120 --> 0:30:30.280
<v Speaker 2>a state, the United States Supreme Court will lift that

0:30:30.360 --> 0:30:32.959
<v Speaker 2>state and those animates will ultimately get execute But in

0:30:32.960 --> 0:30:35.680
<v Speaker 2>this case, there was so much wrong that they're not

0:30:35.720 --> 0:30:38.400
<v Speaker 2>a state supreme court. They refused to lift the state,

0:30:38.920 --> 0:30:40.320
<v Speaker 2>and that's why I'm still here today.

0:30:40.680 --> 0:30:43.720
<v Speaker 3>He came within three hours and fifty seven minutes of

0:30:43.800 --> 0:30:48.120
<v Speaker 3>being executed. We had a new habeas corpus proceeding in

0:30:48.200 --> 0:30:52.160
<v Speaker 3>federal court in San Diego, and that judge, unfortunately, was

0:30:52.200 --> 0:30:55.040
<v Speaker 3>the one who had decided against Kevin twice in previous

0:30:55.320 --> 0:30:58.680
<v Speaker 3>habeas corpus petitions, and she refused to listen to any

0:30:58.760 --> 0:31:00.080
<v Speaker 3>of the evidence that we put on.

0:31:00.680 --> 0:31:04.520
<v Speaker 1>There's also the issue of the DNA right the blocking

0:31:04.600 --> 0:31:07.360
<v Speaker 1>of the DNA being tested. Tell us how it came

0:31:07.400 --> 0:31:10.040
<v Speaker 1>to be the DNA in this case, which was available

0:31:10.280 --> 0:31:13.480
<v Speaker 1>with the modern technology that was developed long after Kevin

0:31:13.520 --> 0:31:16.160
<v Speaker 1>went to prison, that it took literally decades in case

0:31:16.280 --> 0:31:18.640
<v Speaker 1>after case and brief after brief to try to get

0:31:18.640 --> 0:31:20.640
<v Speaker 1>anybody to test the DNA am I right.

0:31:20.960 --> 0:31:25.320
<v Speaker 3>Yes, there was DNA testing done in the early nineteen

0:31:25.400 --> 0:31:30.719
<v Speaker 3>nineties and what that DNA testing showed was that prosecution

0:31:30.920 --> 0:31:34.160
<v Speaker 3>had tampered with the evidence that they had said they

0:31:34.160 --> 0:31:38.080
<v Speaker 3>were going to allow DNA testing for. So while some

0:31:38.160 --> 0:31:41.200
<v Speaker 3>of the DNA testing seemed to exonerate Kevin, some of

0:31:41.240 --> 0:31:43.680
<v Speaker 3>it did not. We were able to do some testing

0:31:43.800 --> 0:31:48.880
<v Speaker 3>which showed that, in fact, Kevin's blood had been planted

0:31:49.040 --> 0:31:52.760
<v Speaker 3>on the T shirt that had been tested for Kevin's DNA.

0:31:52.840 --> 0:31:55.920
<v Speaker 1>How could the testing have proven that they planted this blood?

0:31:55.960 --> 0:31:58.880
<v Speaker 1>I mean, I've heard of something called EDTA. Can you

0:31:58.960 --> 0:32:01.920
<v Speaker 1>explain that? And how this could have been the key

0:32:02.000 --> 0:32:05.120
<v Speaker 1>that literally unlocked the doors of the president sent him

0:32:05.160 --> 0:32:07.600
<v Speaker 1>home years and years and years ago.

0:32:08.200 --> 0:32:11.120
<v Speaker 3>The only thing that has tied Kevin to the Ryan

0:32:11.240 --> 0:32:14.080
<v Speaker 3>House is the supposed finding of a blood spot outside

0:32:14.080 --> 0:32:17.600
<v Speaker 3>the crime scene in a hall. When Kevin was arrested,

0:32:17.680 --> 0:32:20.520
<v Speaker 3>they took vials of his blood to be able to

0:32:20.560 --> 0:32:24.280
<v Speaker 3>compare his blood type to the blood at the crime scene.

0:32:24.480 --> 0:32:29.480
<v Speaker 3>We felt that the prosecution had taken Kevin's blood that

0:32:29.600 --> 0:32:33.080
<v Speaker 3>was taken at the time that he was arrested and

0:32:33.160 --> 0:32:36.080
<v Speaker 3>put it on the T shirt and on the blood spot.

0:32:36.240 --> 0:32:39.080
<v Speaker 3>And the way to prove that is to see whether

0:32:39.240 --> 0:32:41.479
<v Speaker 3>or not in addition to the blood, there is a

0:32:41.560 --> 0:32:45.240
<v Speaker 3>chemical that is used by law enforcement to preserve blood

0:32:45.480 --> 0:32:50.000
<v Speaker 3>when it is taken, called EDTA, and the prosecution hired

0:32:50.120 --> 0:32:54.360
<v Speaker 3>a scientist to do the testing for EDTA, and his

0:32:54.480 --> 0:32:57.680
<v Speaker 3>results showed that there was heightened DTA. But as soon

0:32:57.720 --> 0:32:59.640
<v Speaker 3>as he found out that that was his result, he

0:32:59.680 --> 0:33:02.120
<v Speaker 3>withdrew said there'd have been a contamination in his lab

0:33:02.160 --> 0:33:03.960
<v Speaker 3>and that was why the result showed that there was

0:33:04.000 --> 0:33:06.680
<v Speaker 3>a high level of DTA, and the judge at the

0:33:06.720 --> 0:33:08.680
<v Speaker 3>time accepted that, and the.

0:33:08.640 --> 0:33:12.280
<v Speaker 1>Beat goes on. Right. I mean, it's crazy that there's

0:33:12.320 --> 0:33:14.600
<v Speaker 1>so many people, so many years after the fact, that

0:33:14.640 --> 0:33:19.080
<v Speaker 1>are still in positions of great power who are actively

0:33:19.160 --> 0:33:24.400
<v Speaker 1>engaged in continuing this grievous injustice. And I want to

0:33:24.400 --> 0:33:29.760
<v Speaker 1>say not everyone, right, because while Kevin's habeas petitions have

0:33:29.880 --> 0:33:34.360
<v Speaker 1>been repeatedly denied, there was a judge, Judge William Fletcher.

0:33:35.080 --> 0:33:38.920
<v Speaker 1>So Judge Fletcher dissented from the Ninth Circuit Court's opinion,

0:33:39.480 --> 0:33:42.360
<v Speaker 1>and in it he argued that the police may have

0:33:42.400 --> 0:33:44.840
<v Speaker 1>tampered with the evidence and that the Ninth Circuit should

0:33:44.840 --> 0:33:47.360
<v Speaker 1>have reheard the case en banc, which of course means

0:33:47.400 --> 0:33:51.720
<v Speaker 1>the entire panel of judges, and ordered the Federal District

0:33:51.840 --> 0:33:54.880
<v Speaker 1>judge to give Cooper the fair hearing. He has never

0:33:55.040 --> 0:33:58.200
<v Speaker 1>had strong words. Right. And then here are some of

0:33:58.240 --> 0:34:02.080
<v Speaker 1>the arguments that were proposed post conviction. Right. But it's

0:34:02.080 --> 0:34:06.080
<v Speaker 1>interesting that Judge Fletcher concurred with many of these findings. Right.

0:34:06.160 --> 0:34:11.320
<v Speaker 1>He said, quote, deputies misrepresented Josh's recollections and gradually shaped

0:34:11.320 --> 0:34:14.040
<v Speaker 1>his testimony so that it was consistent with the prosecution's

0:34:14.080 --> 0:34:16.799
<v Speaker 1>theory that there was only one killer. End quote. He

0:34:16.880 --> 0:34:19.120
<v Speaker 1>referenced to blonde hairs that were found clutched in Pjessica

0:34:19.160 --> 0:34:22.080
<v Speaker 1>Ryan's hand. Obviously, Kevin is not blonde, but that that

0:34:22.200 --> 0:34:24.880
<v Speaker 1>was disregarded. He pointed out that the initial search of

0:34:24.920 --> 0:34:29.360
<v Speaker 1>the station wagon, no cigarette butts were found. Judge Fletcher wrote, quote,

0:34:29.560 --> 0:34:32.280
<v Speaker 1>some of those cigarette butts could have easily been planted

0:34:32.320 --> 0:34:36.520
<v Speaker 1>in the car. Moreover, after initial forensic testing, paper from

0:34:36.560 --> 0:34:39.400
<v Speaker 1>a hand rolled cigarette butt supposedly founded the station wagon

0:34:39.520 --> 0:34:44.880
<v Speaker 1>was described as consumed. That same paper later quote reappeared

0:34:45.440 --> 0:34:47.759
<v Speaker 1>and was offered into evidence. This is still the judge's quote.

0:34:47.760 --> 0:34:50.200
<v Speaker 1>By the way, when the paper reappeared, it was significantly

0:34:50.280 --> 0:34:52.319
<v Speaker 1>larger than the paper and the cigarette butt that had

0:34:52.320 --> 0:34:56.080
<v Speaker 1>been tested. End quote. Fletcher wrote that while the button

0:34:56.080 --> 0:34:59.320
<v Speaker 1>found in the house came from a green prison jacket quote, uncontradicted,

0:34:59.320 --> 0:35:01.560
<v Speaker 1>evidence to trial showed that Cooper was wearing a brown

0:35:01.600 --> 0:35:04.560
<v Speaker 1>or tan prison issue jacket when he escaped end quote.

0:35:04.600 --> 0:35:07.080
<v Speaker 1>Fletcher further said the preservatives found in the blood on

0:35:07.120 --> 0:35:09.400
<v Speaker 1>the T shirt indicated that it may have been planted.

0:35:09.440 --> 0:35:12.680
<v Speaker 1>He wrote that if the EDTA testing already performed shows

0:35:12.680 --> 0:35:15.120
<v Speaker 1>that Cooper's blood was planted on the T shirt, that

0:35:15.320 --> 0:35:18.360
<v Speaker 1>showing greatly increduces the likelihood that much of the evidence

0:35:18.440 --> 0:35:22.080
<v Speaker 1>introduced a trial was false end quote. I mean, this

0:35:22.360 --> 0:35:26.759
<v Speaker 1>judge laid it out, man, He laid it out. And

0:35:26.800 --> 0:35:30.879
<v Speaker 1>then there's all the evidence of the alternate suspects, right,

0:35:31.440 --> 0:35:33.360
<v Speaker 1>especially Lee Furrow.

0:35:33.640 --> 0:35:38.279
<v Speaker 3>We now have evidence from him to third parties that

0:35:38.360 --> 0:35:41.520
<v Speaker 3>he in fact was the killer. So he is confessed

0:35:42.000 --> 0:35:44.680
<v Speaker 3>to a number of people about having done this although

0:35:44.680 --> 0:35:47.000
<v Speaker 3>he has not confessed to law enforcement.

0:35:47.520 --> 0:35:51.440
<v Speaker 1>We can't leave out another guy, Lee Furrow's one time boss,

0:35:51.520 --> 0:35:55.879
<v Speaker 1>Clarence ray Allen, who was a notoriously violent guy who

0:35:56.239 --> 0:36:00.279
<v Speaker 1>happened to also run a criminal organization, and he and

0:36:00.320 --> 0:36:03.320
<v Speaker 1>Farrow had had a big falling out over the murder

0:36:03.360 --> 0:36:07.400
<v Speaker 1>of a teenage girl, Mary Sue Kit, who had witnessed

0:36:07.440 --> 0:36:09.320
<v Speaker 1>some of their criminal activity.

0:36:09.000 --> 0:36:13.240
<v Speaker 3>Back in the nineteen seventies. At Clarence rey Allen's direction,

0:36:13.440 --> 0:36:17.000
<v Speaker 3>Lee Furrow strangled this young lady and cut her body

0:36:17.080 --> 0:36:20.240
<v Speaker 3>up and threw it into a drainage ditch. Lee Furrow

0:36:20.719 --> 0:36:24.719
<v Speaker 3>was captured and charged with his crime, and in order

0:36:24.800 --> 0:36:28.920
<v Speaker 3>to get a reduced sentence, he turned state's evidence against

0:36:29.000 --> 0:36:32.920
<v Speaker 3>Clarence ray Allen, and so Pharaoh only served three and

0:36:32.960 --> 0:36:35.879
<v Speaker 3>a half years in prison for the murder of Mary

0:36:35.920 --> 0:36:39.800
<v Speaker 3>Sue Kits, while the Clarence rey Allen ultimately was convicted

0:36:39.840 --> 0:36:44.359
<v Speaker 3>and sentenced to death. So Farah has a pretty nefarious

0:36:44.800 --> 0:36:48.239
<v Speaker 3>background which links him to the type of crime that

0:36:48.360 --> 0:36:51.359
<v Speaker 3>was perpetrated on the Ryan family in nineteen eighty three.

0:36:52.280 --> 0:36:55.239
<v Speaker 1>Now, even with the multiple confessions by Lee Furrow, were

0:36:55.680 --> 0:37:00.759
<v Speaker 1>unsure why they killed the Ryans, but some people and

0:37:01.160 --> 0:37:06.080
<v Speaker 1>you'll remember that Peggy raised Arabian horses. Clarence ray Allen

0:37:06.280 --> 0:37:09.360
<v Speaker 1>was in that business as well, and some people believe

0:37:09.440 --> 0:37:12.840
<v Speaker 1>that it was a horssale gone awry. It's also believed

0:37:12.840 --> 0:37:17.200
<v Speaker 1>that Clarence ray Allen contracted many more murders from behind bars,

0:37:17.320 --> 0:37:20.960
<v Speaker 1>and Lee Furrow kept himself safe by working off his

0:37:21.120 --> 0:37:25.520
<v Speaker 1>debt to Clarence ray Allen, by carrying out these executions.

0:37:25.960 --> 0:37:27.640
<v Speaker 1>You don't need to be a genius to figure this

0:37:27.680 --> 0:37:30.960
<v Speaker 1>one out, you really don't. But here we are today,

0:37:31.239 --> 0:37:35.760
<v Speaker 1>and thirty eight years later, Kevin remains in prison, suffering

0:37:35.840 --> 0:37:38.840
<v Speaker 1>day in and day out. Now, of course we go

0:37:39.040 --> 0:37:43.319
<v Speaker 1>to a little bit of a hopeful development, I guess

0:37:43.360 --> 0:37:45.960
<v Speaker 1>you could say, which was that on May twenty one,

0:37:46.080 --> 0:37:51.919
<v Speaker 1>Governor Gavin Newsom ordered a full innocence investigation into the case. Now,

0:37:52.080 --> 0:37:56.000
<v Speaker 1>Governor Newsom has granted already eighty six pardons ninety two

0:37:56.080 --> 0:38:00.680
<v Speaker 1>commutations in twenty eight reprieves. So there's reason to believe

0:38:00.760 --> 0:38:03.759
<v Speaker 1>that there could be hope, especially with this Melissa. And

0:38:03.800 --> 0:38:05.879
<v Speaker 1>I think he's a great governor, and I think that

0:38:06.160 --> 0:38:10.640
<v Speaker 1>he is a man who believes injustice, he believes in fairness,

0:38:11.040 --> 0:38:14.200
<v Speaker 1>and he believes in righting wrongs. So all of that

0:38:14.480 --> 0:38:18.239
<v Speaker 1>gives me hope. So, Kevin, what are you thinking about

0:38:18.280 --> 0:38:21.600
<v Speaker 1>this now? After everything you've been through? Are you feeling

0:38:22.000 --> 0:38:23.239
<v Speaker 1>optimistic about this?

0:38:24.360 --> 0:38:28.279
<v Speaker 2>Well, first and foremost, this just didn't happen on its own.

0:38:28.840 --> 0:38:30.600
<v Speaker 2>There have been a lot of a lot of people,

0:38:30.960 --> 0:38:33.879
<v Speaker 2>including my attorney else the former put in a lot

0:38:33.880 --> 0:38:36.120
<v Speaker 2>of work to get these people to see the truth.

0:38:36.880 --> 0:38:41.480
<v Speaker 2>This Innocents Investigation will reveal the truth. We're not afraid

0:38:41.840 --> 0:38:44.239
<v Speaker 2>of the truth. It's the other side who's afraid of

0:38:44.280 --> 0:38:47.319
<v Speaker 2>the truth. The truth that has been exposed so far

0:38:47.360 --> 0:38:50.480
<v Speaker 2>about the case and the corruption, you know, the champion

0:38:50.560 --> 0:38:54.440
<v Speaker 2>with evidence, the fanting of governess, the intimidation and witnesses,

0:38:54.680 --> 0:38:57.000
<v Speaker 2>and all this other stuff has been revealed by us.

0:38:57.520 --> 0:38:59.279
<v Speaker 2>And so it is my hope and it is my

0:38:59.440 --> 0:39:03.880
<v Speaker 2>prayer that this innocence investigation, which is the first for

0:39:03.960 --> 0:39:06.799
<v Speaker 2>a death row inmate in the history of the state

0:39:06.800 --> 0:39:10.919
<v Speaker 2>of California, will do exactly what it is designed to do,

0:39:11.280 --> 0:39:13.720
<v Speaker 2>investigate the innocence and come up with the treatment.

0:39:14.520 --> 0:39:18.040
<v Speaker 1>Yeah, well, absolutely so, Kevin. I know a lot of

0:39:18.080 --> 0:39:19.760
<v Speaker 1>our listeners are going to want to learn more about

0:39:19.800 --> 0:39:22.440
<v Speaker 1>your case. Is there a website that you can refer

0:39:22.520 --> 0:39:25.640
<v Speaker 1>them to go to. I know there've also been a

0:39:25.680 --> 0:39:28.200
<v Speaker 1>ton of national press done about your case as well.

0:39:28.440 --> 0:39:31.600
<v Speaker 2>Anyone who wants to learn more about my case, you

0:39:31.640 --> 0:39:35.520
<v Speaker 2>can go to Freekevincooper dot com. You can go to

0:39:35.600 --> 0:39:39.280
<v Speaker 2>my Facebook page. You can look at death row stories

0:39:39.400 --> 0:39:42.319
<v Speaker 2>on Natino's Hills, murders on a Mountain. You can look

0:39:42.320 --> 0:39:45.360
<v Speaker 2>at forty eight Hours. Over the twenty years since nineteen

0:39:45.440 --> 0:39:49.200
<v Speaker 2>ninety nine, Aaron Morioty of CBS News at forty eight

0:39:49.239 --> 0:39:52.720
<v Speaker 2>Hours has done i think five stories on this case,

0:39:53.440 --> 0:39:55.320
<v Speaker 2>and so the information is there.

0:39:55.920 --> 0:39:58.120
<v Speaker 1>We'll put links to all of that in our bio

0:39:58.239 --> 0:40:01.280
<v Speaker 1>and I hope that you are listeners will get involved

0:40:01.320 --> 0:40:04.480
<v Speaker 1>in this case. If you have it already, this wrong

0:40:04.640 --> 0:40:07.239
<v Speaker 1>can still be righted. And with people like Norm on

0:40:07.280 --> 0:40:10.040
<v Speaker 1>the case and the governor of the great State of California,

0:40:10.920 --> 0:40:13.719
<v Speaker 1>I hope that we'll be welcoming Kevin home very soon.

0:40:14.680 --> 0:40:17.080
<v Speaker 1>And with that, we have a tradition here at Ronful Conviction,

0:40:17.200 --> 0:40:19.920
<v Speaker 1>which is my favorite part of the show, and it's

0:40:19.960 --> 0:40:22.080
<v Speaker 1>probably most people's favorite part of the show. It's called

0:40:22.080 --> 0:40:25.560
<v Speaker 1>closing arguments and it works like this. First of all,

0:40:25.600 --> 0:40:30.280
<v Speaker 1>I thank you too, guys for coming here and courageously sharing.

0:40:30.360 --> 0:40:32.160
<v Speaker 1>I'm going to talk to you now, Kevin, of course

0:40:32.200 --> 0:40:35.280
<v Speaker 1>your story, and Norm for all the work you're doing.

0:40:35.680 --> 0:40:39.319
<v Speaker 1>So without further ado, I'm going to turn my microphone

0:40:39.320 --> 0:40:41.720
<v Speaker 1>off for the section of the show we call closing arguments.

0:40:41.719 --> 0:40:44.200
<v Speaker 1>I'm gonna kick back in my chair, turn the volume up,

0:40:44.280 --> 0:40:48.200
<v Speaker 1>leave my headphones on, and let you guys share any

0:40:48.640 --> 0:40:50.879
<v Speaker 1>final thoughts you want to share with our audience. So Norm,

0:40:51.000 --> 0:40:52.959
<v Speaker 1>let's start with you, and then you can just hand

0:40:52.960 --> 0:40:55.640
<v Speaker 1>the mic off to Kevin and let him take us out.

0:40:56.320 --> 0:40:59.800
<v Speaker 3>We hope that this travesty of justice will be reversed,

0:41:00.440 --> 0:41:05.200
<v Speaker 3>and we definitely are very thankful to Governor Newsom for

0:41:05.400 --> 0:41:09.839
<v Speaker 3>having ordered an investigation of this case. We're confident that

0:41:10.239 --> 0:41:13.959
<v Speaker 3>an investigation into what happened here will show that Kevin

0:41:14.000 --> 0:41:17.399
<v Speaker 3>Cooper is in fact innocent and should be released from

0:41:17.400 --> 0:41:21.080
<v Speaker 3>prison and pardoned and Kevin over to you.

0:41:22.440 --> 0:41:25.799
<v Speaker 2>America is not just dealing with the racial reckoning in

0:41:25.840 --> 0:41:30.080
<v Speaker 2>this country, also dealing with a truth reckoning, a truth

0:41:30.360 --> 0:41:33.960
<v Speaker 2>reckoning that is based on this denial of its racial problem.

0:41:34.640 --> 0:41:37.920
<v Speaker 2>Here in this country. This criminal justice system is truly

0:41:38.080 --> 0:41:43.000
<v Speaker 2>last messages of slavery. Nothing more is true about that.

0:41:43.320 --> 0:41:46.439
<v Speaker 2>Then it comes to dealing with police on the front

0:41:46.480 --> 0:41:49.560
<v Speaker 2>end of the criminal justice system, execution is on the

0:41:49.600 --> 0:41:52.160
<v Speaker 2>back end of the justice system, and all in between

0:41:52.200 --> 0:41:56.000
<v Speaker 2>this justice system, there's a bunch of people, not all

0:41:56.040 --> 0:41:57.880
<v Speaker 2>of them, but a bunch of them who are that

0:41:58.000 --> 0:42:01.120
<v Speaker 2>same mentality to lack us or get rid of us.

0:42:01.320 --> 0:42:04.439
<v Speaker 2>Now I am to blame to a degree for being

0:42:04.480 --> 0:42:07.960
<v Speaker 2>on death thrill. Why because I walked away from that person,

0:42:08.200 --> 0:42:10.759
<v Speaker 2>and I put myself in a position by doing so

0:42:11.080 --> 0:42:13.520
<v Speaker 2>to let those body snatchers get their hands on me,

0:42:14.040 --> 0:42:16.799
<v Speaker 2>and they did the rest. And the only reason why

0:42:16.840 --> 0:42:18.680
<v Speaker 2>I'm alive, And I really to this day don't know

0:42:18.719 --> 0:42:20.960
<v Speaker 2>why I'm alive unless it's God and he has a

0:42:21.000 --> 0:42:23.800
<v Speaker 2>plan for me bigger than I know, because I honestly

0:42:23.840 --> 0:42:26.360
<v Speaker 2>thought on February nine, two thousand and four, when they

0:42:26.400 --> 0:42:28.719
<v Speaker 2>had me sitting inside that Jeff Chamber of waiting room,

0:42:29.280 --> 0:42:31.560
<v Speaker 2>that I was going to die that night. How and

0:42:31.640 --> 0:42:34.279
<v Speaker 2>why I'm still alive today, I don't know other than

0:42:34.560 --> 0:42:37.720
<v Speaker 2>their turns who fly for me then are still fighting

0:42:37.719 --> 0:42:40.680
<v Speaker 2>for me now. And the truth about this case just

0:42:40.760 --> 0:42:44.560
<v Speaker 2>keeps coming out, and it proves that I did not

0:42:44.640 --> 0:42:48.480
<v Speaker 2>commit those murders and that somebody else did so. All

0:42:48.600 --> 0:42:50.839
<v Speaker 2>master for is my day in court. Here in this

0:42:50.920 --> 0:42:53.360
<v Speaker 2>country the claims to be the land of the free

0:42:53.440 --> 0:42:56.000
<v Speaker 2>and the home of the brave, when it should be

0:42:56.000 --> 0:42:59.520
<v Speaker 2>called the land of the oppressors and the home of

0:42:59.640 --> 0:43:03.920
<v Speaker 2>the moral cowards. Because of this moral coworkers, these people

0:43:03.920 --> 0:43:06.240
<v Speaker 2>have taken. Damn, they're forty years out of my life.

0:43:06.680 --> 0:43:10.200
<v Speaker 2>Not just prosecutors, but these judges who refuse to look

0:43:10.239 --> 0:43:13.359
<v Speaker 2>at the truth, corpor stamp in my case on through

0:43:13.719 --> 0:43:17.360
<v Speaker 2>even though all the evidence is there, that evidence was planted,

0:43:17.560 --> 0:43:21.279
<v Speaker 2>evidence was destroyed. Witness will temperat with and pave me.

0:43:21.960 --> 0:43:24.960
<v Speaker 2>If these people get the opportunity, they will put that

0:43:25.239 --> 0:43:28.840
<v Speaker 2>death chamber back together, they will reassembly. And I'm the

0:43:28.840 --> 0:43:32.640
<v Speaker 2>first online for them to murder, not because I'm guilty

0:43:32.960 --> 0:43:35.799
<v Speaker 2>and because I'm fighting back. And that's the worst thing

0:43:36.040 --> 0:43:39.000
<v Speaker 2>that those people see in me. I'm a fighter.

0:43:45.200 --> 0:43:48.359
<v Speaker 1>Thank you for listening to Rafel Conviction. I'd like to

0:43:48.360 --> 0:43:52.080
<v Speaker 1>thank our production team Connor Hall, Justin Golden, Jeff Cliburn,

0:43:52.160 --> 0:43:55.600
<v Speaker 1>and Kevin Wadis, with research by Lyla Robinson. The music

0:43:55.600 --> 0:43:58.400
<v Speaker 1>in this production was supplied by three time Oscar nominated

0:43:58.400 --> 0:44:02.359
<v Speaker 1>composer Jay Row. Sure to follow us on Instagram at

0:44:02.440 --> 0:44:06.680
<v Speaker 1>Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and on

0:44:06.719 --> 0:44:10.160
<v Speaker 1>Twitter at wrong Conviction, as well as at Lava for Good.

0:44:10.400 --> 0:44:13.279
<v Speaker 1>On all three platforms, you can also follow me on

0:44:13.320 --> 0:44:17.560
<v Speaker 1>both TikTok and Instagram at it's Jason Flap. Wrongful Conviction

0:44:17.760 --> 0:44:20.400
<v Speaker 1>is the production of Lava for Good podcast and association

0:44:20.480 --> 0:44:23.560
<v Speaker 1>with Signal Company Number one