During the July 31, 2019, debate on CNN, Tulsi Gabbard made several accusations against Kamala Harris attacking her tenure as AG of California and DA of San Francisco.
Considering the few seconds Kamala Harris was allotted to respond, Harris did not fact check the complexities for each of Gabbard’s accusations. Instead, Harris responded saying she was proud of her record.
Of those multiple accusations made by Gabbard, there was reference to the 1985 Kevin Cooper case which Gabbard described as follows:
“She blocked evidence -- she blocked evidence that would have freed an innocent man from death row until the courts forced her to do so.”
This statement is not accurate.
When considering the following, it’s important to keep in mind that Kamala Harris served as California’s Attorney General from 2011 to 2017.
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Overview: DNA Testing In The Kevin Cooper Case
In 1985, Kevin Cooper was convicted of the four murders that occurred in the Chino Hills area of California in 1983.
In 2004, Cooper’s lawyers petitioned then Gov. Schwarzenegger for clemency. This request was denied in a written statement by Schwarzenegger.
Cooper’s lawyers did successfully obtain permission for DNA tests after his 2004 petition for clemency was denied.
After the tests were completed, a Circuit Court judge concluded the DNA results confirmed the jury’s conviction.
According to a May 2018 response to Cooper’s most recent request for clemency, the San Bernardino County District Attorney states:
“After Cooper’s conviction was affirmed by the California Supreme Court … he subsequently obtained permission for post-conviction DNA testing because he adamantly asserted the DNA would exonerate him. Cooper’s own DNA expert, Dr. Blake, helped select the items to be tested, which he asserted would be the items most relevant and likely to exonerate Cooper.
Despite getting post-conviction permission to test more items, and specifically selecting the items, the results again overwhelming confirmed the jury’s verdict….”
After the results of the initial DNA tests proved unfavorable to Cooper’s case, his attorneys then asserted the DNA-tested items had been planted by the police.
In 2018, former Governor Jerry Brown, and again in 2019, current Governor Gavin Newsom, ordered new DNA tests which are currently being conducted.
As of the Democratic debate on July 31, 2019, the new DNA testing has not been completed which means the results are currently unknown.
Fact Checking Gabbard’s Accusation:
“She blocked evidence that would have freed an innocent man from death row until the courts forced her to do so.”
As reported in The Washington Post this statement misrepresents the facts (emphasis, mine):
“Just as she was running for the U.S. Senate in 2016, Cooper’s attorneys filed a 235-page clemency petition insisting that newly available DNA testing would exonerate Cooper, who had been on death row since 1985.
Despite Gabbard’s claims, a court never forced Harris to do the tests. Instead, Newsom took office and allowed the DNA testing to move forward in February.”
Since the most recent DNA testing has not been completed, Gabbard’s conclusion that the results “would have” exonerated Cooper are premature, at best.
The same Washington Post article quotes a statement from Senator Harris’ staff indicating Harris was not directly involved in the decision to deny Cooper’s 2016 petition:
"Most of the legal activity around this case occurred before her terms in office, but this specific request was made to and decided by lower level attorneys. When the case was brought to her attention, she publicly called for further DNA testing. She has always been a strong proponent of DNA testing and again, an opponent of the death penalty.”
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When Serving As San Francisco District Attorney, Kamala Harris Was Criticized By Senator Dianne Feinstein for NOT seeking the Death Penalty In The Fatal Shooting Of A Police Officer.
Just after Kamala Harris had been sworn in as the new District Attorney in San Francisco, Officer Isaac Espinoza, age 29, was shot and killed the night before Easter in 2004. David Hill, age 23, was arrested for the crime and charged.
Three days after the shooting, District Attorney Kamala Harris upheld her campaign promise not to seek the death penalty in this case.
She was highly criticized for this decision by the police union, the law enforcement community and some Democrats.
At Officer Espinoza’s funeral, which Harris attended, Sen. Dianne Feinstein addressed the congregation and said:
“This is not only the definition of tragedy, it’s the special circumstance called for by the death penalty law.”
After, Harris responded in an Op-Ed in the San Francisco Chronicle:
“For those who want this defendant put to death, let me say simply that there can be no exception to principle. I gave my word to the people of San Francisco that I oppose the death penalty, and I will honor that commitment despite the strong emotions evoked by this case.”
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In the spirit of full disclosure I will state I am a supporter of Senator Kamala Harris in the 2020 Democratic primary.
As the writer of this diary, I’ve striven to report facts related to Gabbard’s accusation and I have no opinion on whether or not Kevin Cooper is guilty of the crimes for which he is currently incarcerated on Death Row.
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Sources:
https://www.nbcnews.com/news/us-news/california-gov-brown-orders-new-dna-testing-murder-case-involving-n951746
https://www.washingtonpost.com/nation/2019/08/01/you-owe-them-an-apology-gabbards-attack-highlights-harriss-complex-death-penalty-record/?utm_term=.3cc8c2ad6445
https://www.cbsnews.com/news/kevin-cooper-chino-hills-massacre-can-dna-tests-prove-wrong-man-was-convicted-in-quadruple-slaying/
https://en.wikipedia.org/wiki/Kevin_Cooper_(prisoner)
https://www.nbcnews.com/news/us-news/california-governor-orders-new-dna-tests-case-kevin-cooper-convicted-n974781
https://www.apnews.com/9a82ea30828742408b416f180c65f26d
http://www.sbcountyda.org/Portals/8/PressReleases/2018/DA%20Response%20to%20Cooper%20clemency%20petition.pdf?ver=2018-05-23-110906-040
https://www.sfgate.com/bayarea/matier-ross/article/Feinstein-s-surprise-call-for-death-penalty-puts-3313728.php