A Reflection on Kevin Cooper, the Death Penalty, and Prayer

Who in California was not aware that Kevin Cooper had been scheduled to die in San Quentin State Prison via lethal injection on Tuesday, February 10th at 12:01 a.m., and that he was granted a stay just hours before the execution?  National talk shows, local television and radio news programs, newspapers, and even e-link were informing the public about the conflicting facts of this case, some on a minute-to-minute basis. 

Just below you will find two photos with three of the original jurors who rendered the death-penalty verdict back in 1984.  It was taken Saturday, February 7th at a press conference in front of the Court House on Broadway in San Diego.  While taking pictures that evening, I had a chance to speak with each juror individually and learned three things.  One, they all still believe Kevin Cooper did commit the multiple murder that lead to his conviction.   Two, each was deeply troubled that important evidence had not been made available to the jury at the time of the trial.  And three, they wanted a "time out" on his execution to have that evidence reviewed.  It was clear, too, that the execution itself weighed heavily upon their hearts and had done so for many years.  

Prior to the press conference, I had spent a good bit of time sifting through information on both sides to determine whether the new revelations were valid and worth reviewing.  In the end, I concluded that granting a stay was a reasonable course of action, and that the State of California might have been on the verge of executing an innocent man.  That really troubled me.

Upon further reflection, though, I realized that I had fallen into a trap.  I was so focused on the guilt or innocence of Kevin Cooper that I nearly forgot what the Catholic Church teaches on the death penalty itself.  This was a pretty serious tactical error on my part!  It was as if, had the new evidence been found lacking, I would have been without a reason to fight against Kevin Cooper's execution.  I had forgotten that whether a criminal convicted of a capital crime is guilty or not, the Church teaches that lethal punishment, the death penalty, should not be used if the state can simultaneously punish the offender and safeguard the community.  Section 2267 of the Catechism of the Catholic Church makes this abundantly clear:

The traditional teaching of the Church does not exclude, presupposing full ascertainment of the identity and responsibility of the offender, recourse to the death penalty, when this is the only practicable way to defend the lives of human beings effectively against the aggressor.

If, instead, bloodless means are sufficient to defend against the aggressor and to protect the safety of persons, public authority should limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person.

Today, in fact, given the means at the State's disposal to effectively repress crime by rendering inoffensive the one who has committed it, without depriving him definitively of the possibility of redeeming himself, cases of absolute necessity for suppression of the offender "today ... are very rare, if not practically non-existent."

As Catholics, we are to oppose the death penalty pure and simple (this opposition best fits our longstanding pro-life convictions), and we are to lift up in prayer all who suffer because of criminal acts.  Please pray for the victims of that horrible 1983 crime, both those who died and those who survived.  Pray for their families and loved ones.  Please pray for Kevin Cooper who suffers on death row, whether he is guilty or innocent.  Finally, and I would not have suggested this two weeks ago out of ignorance, please pray for those who have been involved in the judicial process, from mid-1980s right up until today: the judges, the defense attorneys, the prosecutors, the witnesses, and especially the members of that original jury.  They have specifically asked for our prayers, and I promised that we would honor that request.


Pictured are original jury members, Kahlouh Doxey, left, Donna Randle, center front, Frank Nugent, jury Forman, upper right, and three family members of Kahloah.


The following photo depicts jurors with the press expressing their misgivings about the execution.


San Diego, Pray for us.
Our Lady of Refuge, Pray for us.

 

 Key Culture-of-Life Gatherings/Projects