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: Legal Pad | LADivision and dissent not enough to overturn death sentence
By Richard Binder
Lawyers for Kevin Cooper, a Southern California man convicted of murdering four people after escaping from prison, said Tuesday they would take his case to the U.S. Supreme Court after a bitterly divided Ninth U.S. Circuit Court of Appeals upheld his death sentence.
"In my opinion, he is probably innocent of the crimes," Judge William Fletcher said in a 101-page opinion, signed by four other judges, arguing that the court should order a new hearing before a larger panel.
Fletcher said there was strong evidence that San Bernardino County sheriff's investigators "manipulated and planted evidence" against Cooper.
Six other judges, including Chief Judge Alex Kozinski, a conservative supporter of the death penalty, signed separate opinions calling for a rehearing, bringing the published dissent total to 11, three short of the majority needed on the 27-member court.
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Full post as published by Legal Pad | LA on May 13, 2009 (boomark / email).
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