New DNA tests ordered in '83 killings

FILE - In this Tuesday, Dec. 18, 2018 file photo, California Gov. Jerry Brown talks during an interview in Sacramento, Calif. Brown ordered new DNA tests that, condemned inmate Kevin Cooper says, could clear him in a 35-year-old quadruple murder case, which has drawn national attention. On Monday, Dec. 24, 2018, Brown ordered new testing on four pieces of evidence that Cooper and his attorneys say will show he was framed for the 1983 Chino Hills hatchet and knife killings of four people. (AP Photo/Rich Pedroncelli, File)
FILE - In this Tuesday, Dec. 18, 2018 file photo, California Gov. Jerry Brown talks during an interview in Sacramento, Calif. Brown ordered new DNA tests that, condemned inmate Kevin Cooper says, could clear him in a 35-year-old quadruple murder case, which has drawn national attention. On Monday, Dec. 24, 2018, Brown ordered new testing on four pieces of evidence that Cooper and his attorneys say will show he was framed for the 1983 Chino Hills hatchet and knife killings of four people. (AP Photo/Rich Pedroncelli, File)

SACRAMENTO, Calif. -- California Gov. Jerry Brown late Monday ordered new DNA tests that a condemned inmate says could clear him in a 35-year-old quadruple murder case, which has drawn national attention.

Brown ordered tests of four pieces of evidence that Kevin Cooper and his attorneys say will show that he was framed for the 1983 Chino Hills hatchet and knife killings of four people. The items that will be tested are a tan T-shirt and orange towel found near the scene and the hatchet handle and sheath.

Cooper was convicted in 1985 of killing Doug and Peggy Ryen, their 10-year-old daughter, Jessica, and 11-year-old neighbor Christopher Hughes. Prosecutors say Cooper's claims of innocence have been disproven multiple times, including by previous DNA testing, but Cooper and his attorney argue that evidence against him was planted.

"I take no position as to Mr. Cooper's guilt or innocence at this time, but colorable factual questions have been raised about whether advances in DNA technology warrant limited retesting of certain physical evidence in this case," Brown wrote in his executive order.

Brown also appointed a retired Los Angeles County Superior Court judge to serve as a special master overseeing the case.

New York Times columnist Nicholas Kristof, U.S. Sen. Kamala Harris, state Treasurer John Chiang and reality television star Kim Kardashian are among people who called for Brown to order new DNA tests.

Brown's Christmas Eve order came alongside 143 pardons and 131 commutations, in keeping with Brown's tradition of granting clemency on or near major holidays. Among Brown's pardons are five refugees from Cambodia and an immigrant from Honduras all facing the possibility of deportation because of criminal convictions, two people who lost their homes in a recent wildfire, and a former state official.

His commutations included several former gang members who have renounced their former ties and will now have an opportunity to petition the parole board for early release.

The brother of San Francisco Mayor London Breed was not pardoned despite the family's request. Napoleon Brown is serving a 44-year sentence for manslaughter and armed robbery. Police said Brown's girlfriend was driving the getaway car after Brown robbed a restaurant in June 2000, and that Brown pushed her out of the vehicle when police pulled them over. She was then struck by a drunk driver.

Gov. Brown has now granted 283 commutations and 1,332 pardons since returning to office in 2011, far more than any California governor since at least the 1940s. The governor needs approval from the state Supreme Court to pardon or commute the sentence of anyone twice convicted of a felony. The court in recent weeks has rejected seven clemency requests by the governor, including one Monday.

California hasn't executed anyone since 2006.

Among the people granted clemency by Brown on Monday were:

• Sophanareth Sok, a Cambodian refugee convicted of voluntary manslaughter after he participated in a drive-by gang shooting that killed one person at the age of 14, according to Brown's office. He was sentenced in 1997 and discharged in 2012. Brown said Sok now serves as a volunteer to help ex-convicts re-enter the community.

• Kyle Hathaway and Dee Heather Steels Burnett, both of whom lost their homes in Paradise during the November wildfire, according to the governor's office. Both were convicted of drug crimes and finished their sentences more than 10 years ago, and Burnett is now an addiction counselor. Her husband, Jason James Burnett, also had a drug conviction and was pardoned by Brown last month.

• Louis Honig, a former state superintendent of public instruction who was convicted in the 1990s for steering government contracts to a nonprofit run by his wife.

Information for this article was contributed by Sudhin Thanawala of The Associated Press.

A Section on 12/26/2018

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