California Supreme Court Denies Cooper’s Bid to Delay Execution

The California Supreme Court on Thursday denied an appeal to delay the execution of convicted killer Kevin Cooper. The court ruled that his request for an emergency stay on grounds that he was factually innocent was without merit.

Cooper, in his sixth writ of habeas corpus filed to the state’s highest court since 1997, argued there were sufficient grounds to question his conviction for killing four people in Chino Hills in 1983.

Cooper is scheduled to be executed by lethal injection Tuesday.

In the court’s ruling, acting Chief Justice Kathryn Mickle Werdegar stated: “This petition casts no doubt on petitioner’s guilt or the validity of the judgment.”

Cooper is expected to appeal the ruling to the U.S. Supreme Court, where another of his appeals is being considered. On Thursday, Cooper’s attorneys argued in U.S. District Court in San Jose that death by lethal injection constitutes cruel and unusual punishment. A ruling on that appeal is expected today.