Incarceration Nation

End Game

My letter to supporters

By Kevin Cooper

Since the law firm Orrick, Herrington & Sutcliffe LLP took over my case in 2003/04, and stopped this state and prison from murdering me by way of poisonous lethal injection, many people in this state were then, and are now very upset.

But this law firm did more than just save my life. Under the leadership of Mr. Norman C. Hile, this law firm has, over time, taken apart the state’s very weak and bogus case against me.

They, along with others such as New York Times writer Mr. Nicholas Kristof, 48 Hours correspondent Erin Moriarty, University of San Francisco Law Professor Lara Bazelon, author Patrick O’Connor1 just to name a few of the numerous people, and organizations who exposed the truth about the case against me did such a good job that we were granted the first of its kind—at least on paper—independent innocence investigation.

The more we did to expose the truth, the more certain people got more worried that I would not only not be executed, but that I would get out of prison.

I remember when Kim Kardashian first made it known publicly that she was supporting me, the family of one of the murdered victims had their attorneys get in touch with Kim’s attorneys and ask her not to help me. But Kim helped anyway.

Throughout the tortured history of this case, the county of the San Bernardino sheriff’s department, district attorney’s office, and other parts of this state’s criminal justice system have never been fair or played fair. But we all honestly thought that because we had disproved the state’s entire case against me, and that we were no longer within the court system, but were outside of it dealing with the governor’s office, we had a chance, a great chance to win.

When Morrison Forester (MoFo) recently came down with its biased and one-sided decision in this case, damn near everyone who knew about this case, and all that was done to refute what the D.A. in San Bernardino County and the courts allowed for them to do, was shocked to see what was written by MoFo, and their pro-prosecution, and pro-police “experts.”

This is because we all knew what was done to refute all that was said about this case, and me. Everyone knows that this was not a fair or unbiased, or even an independent innocence investigation, by MoFo. It couldn’t of been when they did not even address or deal with most of the issues that went to prove that my constitutional rights were violated, that even the then Warden of the prison I walked away from told the prosecutors and sheriff’s department that those tennis shoes that the prosecutor told the jury were “prison issued” were not prison issued, that she checked and they could be bought in a retail store like Sears. She told the truth as we now know it.

They did not deal with the real racism in my case, or any of a number of other issues that put all together go to show and prove how and why I was framed, which in turn goes to my innocence. Seven Brady2 violations were not dealt with, and they even said that 9th circuit court of appeals Justice William Fletcher was wrong in what he wrote and spoke about. That the destroyed bloody coveralls had no meaning, and the missing blue shirt was the tan t-shirt.

In other words, this was not a true or real innocence investigation, and this is why so many of us are shocked about what took place. We all know what a real innocence investigation is, and we know that this was a “fake” investigation really designed and meant to make me guilty in this forum, as I was made guilty in others. Especially in the eyes, hearts and minds of the people who already were convinced that I was guilty despite all the things we proved to show that I am innocent.

So, the end game for those people is the same now as it was in 2004 when they thought I was going to be tortured alive on the death gurney here at this prison. Now that the governor of this state is going to empty out death row and send all death row inmates to other prisons, one has to wonder where will I be sent!?

Will I be sent back to CIM (Chino Institution for Men) in San Bernardino County, which is the prison that I walked away from in 1983 before I was accused and convicted of murdering four people after I walked away, or escaped, as they call it?

What will happen to me once I get there, will I get set up, stabbed, and murdered by another inmate, or shot by a guard or will I be set up to be murdered. Remember what happened to Hugo Pinell3?

As it stands now, the law firm of Orrick still represents me, but Norman is retired, and I was the only case that he had. His health is making it so that whenever his doctor tells him to quit my case, he will. Then who will be my Orrick attorney? Good question that I do not have an answer to.

Other members of my legal team say they are staying on, but more help will be needed.

In the meantime, I will keep fighting—I have to continue if I ask all of you to continue fighting as well.

We have a plan in place concerning what we, or my legal team will do next. When I am able, I will let you know. But for now, it’s very important that we all understand that what recently took place with MoFo was a preplanned event.

While I now know that my plans to get out of here anytime soon have been put off, and possibly for a very long time, if not forever. I will continue as best I can to contribute to the struggle, and of course fight for my life.

I thank each and every one of you for your continued help, support, prayers and strength at this most important, but disappointing time in my life.

Write and call Governor Newsom:

U.S. Mail letter can be sent to: Governor Gavin Newsom, 1303 10th Street, Suite 1173, Sacramento, CA 95814—Email Governor Newsom: GOV.CA.GOV/CONTACT

Phone: 1-916-445-2841

Write to Kevin:

Kevin Cooper #C-65304, 4-EB-82,

San Quentin State Prison

San Quentin, CA 94974

1 The China Hills Murders and the Framing of Kevin Cooper

By Patrick O’Connor

2 A “Brady violation” occurs when a prosecutor fails to provide a defendant or criminal defense attorneys with any evidence that is favorable or helpful to a defendant’s case.

3 Hugo Pinell, a Black revolutionary who attempted to escape from San Quentin State Prison in 1971, along with George Jackson and five others. He spent nearly 45 years in solitary confinement until August 12, 2015, when he was finally released into general population of high security inmates. Soon after he was let out of solitary, at the age of 71, he was stabbed to death on the exercise yard.