Ninth Circuit Justice James Browning dissented from the majority opinion of the three-judge panel in the 9th Circuit's rejection of Cooper's latest, but not last, appeal to the 9th Circuit.
According to Justice Browning:
"There should be no hurry to execute Cooper. If he is truly guilty, these simple tests will resolve the matter. If he is truly innocent, those same tests will tell us that. When the stakes are so high, when the evidence against Cooper is so weak, and when the newly discovered evidence of the State's malfeasance and misfeasance is so compelling, there is no reason to hurry and every reason to find out the truth."
The series of US Court of Appeals, 9th Circuit filings and decisions, constantly updated, may be found at: http://www.ca9.uscourts.gov/ca9/Documents.nsf/54DBE3FB372DCB6C88256CE50065FCB8/973892D910002C7788256E320075EE1E?OpenDocument
Another 9th Circuit appeal will be filed on Monday, February 9.
Kevin Cooper's latest habeas corpus petition filed with the state supreme court may be followed at: http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=309575
Since Governor Schwarzenegger has refused to even have a clemency hearing or to issue a stay of execution, the anti-death penalty community of the world, including all of Europe (which has abolished the death penalty) should call upon Austria to:
(1) Revoke Schwarzenegger's Austrian passport, which he still holds;
(2) Rename the Schwarzenegger football stadium and everything else named for him as his name is now as despicable as Hitler's.
All California voters should oppose his disastrous bond on the California ballot. That is vote Yes on 56 and No on all the rest. Vote only for Peace & Freedom or Green Party candidates as these two parties are the only anti-death penalty parties. Do not vote for any registered Democrat or Republican at any level as their parties are both pro-death penalty. The handful of Democratic politicians who claim to be against this execution or even against the death penalty just do that to keep the Reds and Greens out of office. That insulting game must end and can only end when you stop voting for any candidate who belongs to a death penalty party.
Keep those phone calls, faxes and E-mails coming to the governor so that he learns what it is to be a death penalty governor.
Tel: 916-445-2841 or 415/703-2218
Fax: (916) 445-4633