Wrongfully convicted Keith Cooper asks for new trial
Seven years after he began the process to seek a pardon, Keith Cooper, who spent a decade in prison for a crime he didn't commit, turned to the courts Monday after his pursuit of exoneration from Gov. Mike Pence stalled.
Cooper's attorney, Elliot Slosar, filed a petition that asks an Elkhart Circuit Court judge to grant Cooper a new trial — an attempt to fulfill Pence's request that Cooper exhaust his options in court before seeking a pardon from the governor's office.
The petition for post-conviction relief says an "unprecedented" amount of newly discovered evidence means that Cooper's conviction should be vacated. It references witnesses who later recanted their statements and says the lead detective heavily influenced their identification of Cooper from a photo lineup. It also argues that DNA from a hat worn by the perpetrator points to a different suspect, a man who is serving a 60-year prison sentence in Michigan for second-degree murder.
Cooper, 49, has sought a pardon since 2009. The Indiana Parole Board recommended that Pence grant Cooper a pardon after hearing his case in 2014. The deputy prosecutor who helped send Cooper to prison for armed robbery wrote to Pence in January, saying, "We cannot undo the wrongful imprisonment of Mr. Cooper, but we can undo his wrongful conviction with a pardon."
But last month, Cooper faced another hurdle.
Pence's office sent a letter to Slosar on Sept. 20 that asked him to pursue exoneration through the courts first.
"Although the judicial system may not be perfect, given the extraordinary nature of Mr. Cooper's request, we need to be certain the judicial process is complete and has been given every opportunity to address any error that may have occurred."
Petitions for post-conviction relief are usually last-ditch efforts by convicts seeking to reduce a sentence or vacate a conviction. They are rarely granted.
Kara Brooks, a spokeswoman for Pence, said in a statement: “The governor’s office believes this a necessary and proper approach and will produce information the governor will need as he considers a pardon for Mr. Cooper.”
Elkhart County Prosecutor Curtis Hill, who is vying to be the next Indiana attorney general, has 30 days to respond to the petition.
Hill's office released a statement: "Upon receipt of any petition for post-conviction relief, the office of the Elkhart County Prosecuting Attorney will review the petition and assign it for further handling as appropriate."
In 1997, Cooper, who now lives in Chicago, was convicted of armed robbery and sentenced to 40 years in prison. But by 2005, the evidence that landed him behind bars was unraveling. He was offered a deal: He could withdraw his petition that sought exoneration and, in exchange, could walk out of jail a free man.
In 2006, he accepted the deal. He would be able to reunite with his three children, but the felony on his record still stood.
"At the time of his arrest, he was a married father of three and a provider for his family with gainful employment. He had no criminal convictions," the petition says. "His wrongful conviction cost him everything; he not only lost more than a decade of liberty, but his wife was also forced to sell all of the family's belongings and live in shelters in order to survive."
Call IndyStar reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter: @Mabuckley88.