Indiana Gov. Eric Holcomb on Thursday pardoned a Chicago-area man who was wrongly convicted and spent nearly a decade in prison for an armed robbery and shooting, marking what experts say is the first time in that state’s history a gubernatorial pardon was granted based on actual innocence.
His historic request had remained in limbo for several years, and now-Vice President Mike Pence left the Indiana governor’s office without acting.
The Tribune was the first to profile Keith Cooper’s case in March 2015. Since then, several media outlets across the country have chronicled Cooper’s quest, leading to an online petition campaign with more than 100,000 signatures and an active social media following.
"I’m overwhelmed," Cooper, a 49-year-old forklift driver from Country Club Hills, said Thursday shortly after hearing the news. "I’m at a loss for words."
State of Indiana pardon for Keith Cooper State of Indiana pardon for Keith Donnell Cooper (PDF) State of Indiana pardon for Keith Donnell Cooper (Text) State of Indiana pardon for Keith Donnell Cooper (PDF) State of Indiana pardon for Keith Donnell Cooper (Text)Read the story
During a gubernatorial debate before the election, Holcomb — then the Republican lieutenant governor — pledged to swiftly pardon Cooper if elected.
"My decision is based on a review of the facts," Holcomb said in a statement Thursday. "Keith Cooper has waited long enough and is deserving of a pardon."
Cooper spent nearly a decade in prison for a 1996 armed robbery in Indiana before he accepted a deal allowing for his early release in 2006, with the felony conviction on his record.
The Indiana Court of Appeals overturned a co-defendant’s conviction and ordered a new trial in December 2005. Prosecutors dropped charges against the man before his second trial began, clearing the way for him to later win a $5 million federal civil rights settlement.
But Cooper, serving a 40-year prison term, opted to go home to his family rather than take his chances at a new trial. That decision in 2006 led to his release but, as a convicted felon, he still struggles to find a good-paying job, he said. While incarcerated, he said his wife and children at times were homeless and lived in shelters. Cooper has remarried and describes himself as a doting grandfather.
If granted, an Illinois man’s request for an Indiana gubernatorial pardon in a 1996 near-fatal shooting in a robbery may be that state’s first based on innocence.
DNA evidence points to another man as the shooter, and the victims and former Elkhart County prosecutor who helped convict him now say Cooper is innocent. In March 2014, the Indiana Parole Board unanimously recommended that Pence grant the pardon.
Still, in a Sept. 20 letter, Pence’s general counsel told Cooper’s attorney they first must pursue all possible judicial options before the governor will act on the pardon request. The move essentially allowed the then-Republican vice presidential candidate to avoid ruling on Cooper’s claim of innocence until a new Indiana governor took over in January.
Cooper’s attorney, Elliot Slosar, had since filed a request for a new trial. He is planning a news conference Friday.
Holcomb announced Thursday he had decided to pardon Cooper, saying he believed Cooper had been wrongly convicted of the robbery. Holcomb cited the state parole board’s support for the pardon, along with the backing of the prosecutor and witnesses in the case. A copy of the official pardon is dated Thursday.
"Today, with one swift signature, Gov. Holcomb issued the first pardon in Indiana based upon actual innocence to Keith Cooper," said Slosar, of Loevy & Loevy law firm. "This is a historic day for Keith, the other victims in his case and for all citizens in Indiana."
cmgutowski@chicagotribune.com
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