Socialist Action /September 2001
Hearing Scheduled for Kevin Cooper Case
By PAUL McKIM
An evidentiary hearing will take place this month
to examine the possibility that police tampered with crucial DNA evidence
in the case of Kevin Cooper.
Cooper is on death row at San Quentin State Prison
in California. In 1985 he was convicted of murdering a Southern California
family. There is strong evidence that he was not the killer but rather the
victim of a police frame-up.
In December, Cooper won a three-year battle with
the state for DNA testing, which could potentially offer definitive proof
of his innocence. Evidence is currently being tested in Berkeley, Calif.
Results are expected within the next few months.
However, in May, before the tests began, Cooper's
defense team discovered that DNA evidence might have been tampered with.
Records from the San Bernardino sheriff's department show that the evidence
was removed from storage in 1999 by Daniel Gregonis, a criminalist who worked
for the prosecution at Cooper's trial.
During the trial, Gregonis analyzed a drop of blood
found on a wall near where the murders occurred. He said that the blood
was from an African American and linked it to Cooper. But he also admitted
that after he had received a sample of Cooper's blood he changed one test
result to make it match Cooper's.
Among the items that Gregonis removed from storage
in 1999 was the very drop of blood that he tested for the trial and claimed
was Cooper's, along with a sample of Cooper's blood taken at the time of
his arrest.
The evidence also contained a cigarette butt, likely
belonging to the killer, which is undergoing testing, as well as a swab
of Cooper's saliva. The saliva could easily have been transferred onto the
cigarette.
Considering his previous record and the negative
implications it would have for his career if Cooper were exonerated, it
is possible that Gregonis tampered with the evidence while it was in his
possession. The defense team is outraged that he had access to the evidence.
Gregonis has refused to offer any explanation for
his actions. John Kochis, the San Bernardino Supervising Deputy District
Attorney, told Cooper's attorneys that Gregonis was only verifying the existence
of certain pieces of evidence because of Cooper's request for DNA tests.
But this explanation is questionable, considering that Gregonis had the
materials in his possession for over 24 hours.
The coming hearing, scheduled for Sept. 19 in San
Diego, was called by the defense in order to examine the circumstances of
the Gregonis incident. Cooper's supporters have called for a demonstration
outside of the courthouse on the day of the hearing. It is crucial to show
our support for Kevin Cooper and protest the police corruption and misconduct
that permeates his case.
The demonstration will take place at 1 p.m. at
the San Diego Superior Court, 220 West Broadway. Please call (415) 821-0459
a few days in advance to confirm the date of the hearing.
Socialist Action /September 2001 |