
Jack HellerHuntington, IN, United States
Oct 26, 2016
Friends,
A bird in the hand is worth two in the bush. Right now, we have two birds in the bush, but not the bird in the hand. I will trust that the gubernatorial candidates will be men of their words, but Keith Cooper hasn't been pardoned yet. As far as I am concerned, each day that passes without his pardon is another day of an almost 20-year injustice. Why must the injustice continue for even one day further?
We actually got a new answer to that question today. BuzzFeed has a new report updating its coverage of the case to include the pledges from the gubernatorial candidates (https://www.buzzfeed.com/mikehayes/indiana-governor-candidates-vow-to-act-on-pardon-stalled-by?utm_term=.kglKBNvJb#.opMGR65Za). In this report is a comment from Kara Brooks, a spokeswoman from Governor Pence's office:
"Asked about the candidates’ comments at the debate, Pence’s spokesperson Kara Brooks told BuzzFeed News that he has been 'in regular communication with Keith Cooper’s attorneys since at least December 2014 to ensure that Mr. Cooper has exhausted all of his legal options under the law so the governor has all the information available to make this decision.'"
Back in August, I wrote an article for the African American Intellectual History Society tracing the history of the comments from the Office of Governor Pence on a pardon for Keith Cooper (http://www.aaihs.org/keith-cooper-the-stigma-of-black-criminality-on-an-almost-exonerated-man/). Never before has a spokesperson said that Cooper has to exhaust all legal options "so the governor has all the information available to make this decision." THAT is new, and another smokescreen for Pence to hide behind as he denies (yes, that is the right word, DENIES) a pardon to Cooper.
By next Tuesday, the Elkhart County Prosecutor's Office has to respond to Cooper's petition for a new trial. Yes, Cooper's lawyer has followed-up on Pence's demand that he exhaust all legal options (though doing so is not required for a governor to give a pardon). But Pence has never before attached his expectation to the discovery of information upon which to base his decision.
111,200 people have signed this petition on the basis of reading about this case and deciding that Keith Cooper deserves a pardon. I assume that the information we have presented has been persuasive. So what exactly does Pence hope to find out that he doesn't already have which would finally persuade him to pardon Cooper?
Curtis Hill's office may allow a retrial to move forward without opposition. If so, there are the expenses of time, money, and delay on the way to justice, but I am persuaded that an indisputable argument can be made for Cooper's innocence. All of this may become unnecessary as the next governor follows through on his pledge to just pardon Cooper.
But what if Curtis Hill's office opposes a new trial? Can it then be said that Keith Cooper has exhausted all judicial remedies? Will Pence then pardon Cooper in his last weeks as governor? If so, then what information are you waiting on?
Let's ask. Please tweet this update to Kara Brooks at @KaraBrooks03 and to Pence's other spokesman Matt Lloyd at @MatthewLloyd. Let's use the hashtag #whatnuinfo. I have not encouraged a concerted phone campaign to Pence's office in a while, but this demands to be asked. Over the next several days, please call the Office of the Governor to ask, specifically, what new information is expected to allow a pardon of Keith Cooper. The phone number is 317-232-4567. If you prefer to email, there is a box for emailing here; select topic "Governor, Office of the."
Why do this if we have the promise of a pardon from the candidates? Two reasons: First, Holcomb's promise was conditional, and I want to leave nothing to chance. Second, ask this question: why should Cooper have another two months of injustice because Governor Pence refuses to be accountable for his role in this?
Thank you for all of your help in this effort. We are definitely getting there, but I'm not ready yet to say our effort is done.
Cheers,
Jack Heller
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