Atualização do abaixo-assinadoPardon an innocent manThe Michael Christofeno Letter
Jack HellerHuntington, IN, Estados Unidos
17 de set. de 2016
Friends, At various times in all of these updates and links that I have posted, I have noted that even the original prosecutor of Keith Cooper’s robbery charge, Michael Christofeno, has written a letter to Governor Mike Pence recommending Cooper’s pardon. The picture accompanying this update is of that letter, and I will excerpt its text below. This letter first came to light publicly when the Indianapolis Star reported on it back in April: http://www.indystar.com/story/news/crime/2016/04/26/former-prosecutor-keith-cooper-must-pardoned/83492282/ For a long time, one of the great mysteries about this case has been why Pence has not already pardoned Cooper. Referring to all pardon requests generally, Pence has once claimed a “heavy bias for respect for due process of law.” In 2006, Keith Cooper agreed to a deal to be released from prison if he would agree to drop his appeal of his conviction and let it stand. This is why he needs a pardon. He is procedurally barred from appealing his conviction. The conviction is on his record, even though all of the evidence shows that he has always been innocent of the initial charge of robbery, tried in 1997. He took the deal because, by 2006, his wife and children were living in a homeless shelter while he was in prison. Some people might criticize his taking that deal, but what would you do if you had heard that your family had been reduced to the worst economic circumstances? Keith Cooper had already been (wrongly) convicted of the crime, so why not take the deal? However, at the time the deal was offered, the prosecutor’s office in Elkhart County, IN, had to know that the case against Cooper was falling apart. Please read this earlier update for the details: https://www.change.org/p/indiana-governor-pardon-an-innocent-man/u/17703065. I contend that since the time that Curtis Hill made clear his intention to run for the Attorney General office in Indiana, the real reason that Pence has neither pardoned Cooper nor explained his reasons for not doing so is that he has wanted to keep attention off of Hill’s involvement in this case. If Pence has another reason for not pardoning Cooper, he should state what his reason is. Curtis Hill has an opportunity now to do the right thing and to make right a past wrong. He can take Michael Christofeno’s example, acknowledge that a wrong had been done to Keith Cooper, and call upon Mike Pence to pardon Cooper. On Monday, I will announce a new strategy to encourage Hill to follow Christofeno’s example. However, for now, please post links to this update and Christofeno’s letter to Hill’s Facebook page, https://www.facebook.com/curtishillforindiana/, and to the Facebook page of the Elkhart County prosecutor’s office, https://www.facebook.com/Elkhart-County-Prosecutor-214420695243856/. Consider also emailing the prosecutor’s office: http://www.elkhartcountyprosecutor.com/contact. That is an office which needs to know that its leader, Curtis Hill, can and should follow Michael Christofeno’s example. Cheers, Jack Heller Christofeno’s letter of January 13, 2016: Dear Governor Pence: I am the former Deputy Prosecuting Attorney that prosecuted Keith Cooper in the Elkhart County Circuit Court. I am writing to you in support of Mr. Cooper's Petition for a Pardon. Mr. Cooper should be pardoned because evidence not available at the time of his trial now exonerates him. The DNA evidence available now establishes that Mr. Cooper is excluded from being the person wearing the hat at the time of the offense. More importantly, the eye-witnesses have recanted their identification of Mr. Cooper and now positively identify another person. Mr. Cooper was convicted on the eye-witness testimony which now has been recanted. Accordingly, the evidence available to the State of Indiana at this time exonerates Keith Cooper. Justice demands that Mr. Cooper be pardoned. As an attorney, I certainly understand Mr. Cooper's procedural decision which allowed him to be released from prison but did not remove his conviction. Justice however should not be circumvented under this set of circumstances on procedural grounds. We cannot undo the wrongful imprisonment of Mr. Cooper, but we can undo his wrongful conviction with a pardon. I would urge you to pardon Keith Cooper. I thank you for your time and consideration. Please contact me if you have any additional questions. Very truly yours, Michael A. Christofeno
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