#328 Jason Flom with Keith Cooper - podcast episode cover

#328 Jason Flom with Keith Cooper

Jan 26, 202356 minEp. 328
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Episode description

On October 29, 1996, two gunmen broke into Michael Kershner’s apartment in Elkhart, IN and robbed Kershner, his mother and four friends. After fighting back, Kershner was shot in the abdomen. Months later, Keith Cooper was arrested on a purse snatching charge. Lead Detective, Steve Rezutko, determined that Cooper might be one of the perpetrators in Kerschner’s case based on his resemblance to a computerized sketch of the gunmen. After placing Cooper’s photo in a lineup, witnesses identified him, along with one witness who claimed to recognize his voice without ever seeing him. However, the DNA from the hat left at the scene by the gunman did not match Cooper. Solely based on eyewitness testimony, Cooper was convicted of robbery resulting in serious bodily injury and sentenced to 40 years in prison.

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https://lavaforgood.com/podcast/211-jason-flom-with-marcus-wiggins/

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Transcript

Speaker 1

On October twenty ninth, nineteen ninety six, Elkhart, Indiana police were called to the apartment of a Michael Kirshner and his mother known a Canal. Allegedly, while they and four friends were watching a movie, two men forced their way in, demanding money and drugs. After the taller of the pair allegedly shot at his friends and missed. A struggle between Michael Kerscher and the shooter resulted in a non fatal gunshot wound to Michael's abdomen. The gunman's hat fell off

during the struggle, and the two assailants fled. The police collected no evidence from the scene, but took statements from the witnesses and victims, who described the shooter as tall and skinny carrying a long silver gun, and the other man as short and stocky with no weapon. Two days later, one of the witnesses, Eddie Love, allegedly identified a short and stocky man named Chris Parrish. About three months later, a suspected persnatcher named Keith Cooper was identified as the

taller shooter from a photo lineup. Even though the jury was presented with DNA results from the sweatbed of the shooter's hat that were allegedly inconclusive. The identifications appeared conclusive enough to separately convict both matt But this is wronful conviction. We're going to take a quick break and we'll be

right back. The Pacers Foundation is a proud supporter of this episode of Wrawful Conviction and of the Last Mile organization, which provides business and tech training to help incarcerated individuals successfully and permanently re enter the workforce. The Pacers Foundation is committed to improving the lives of hoosiers across Indiana, supporting organizations that are dedicated primarily to helping young people

and students. For more information on the work of the Pacers Foundation or the Last Mile program, visit Pacersfoundation dot org or the Lastmile dot org. Welcome back to Raeful Conviction. Today, we're going to tell the story of a man who was wrongfully convicted in a place that, well, with what has been uncovered there already, in such a small population, it just might be the per capital wrongful conviction capital of this country and therefore the world a dubious distinction.

And I'm talking about Elkhart, Indiana. But first let's introduce the man himself, Keith Cooper. I mean, I'm sorry you're here because of the reason why you're here and what you had to go through, but I'm really happy and honor that you're here with us today.

Speaker 2

I'm glad to be here.

Speaker 1

And with him is his civil attorney and our resident Elkhart expert, who you might remember from our coverage of Andy Royer's case, which we're going to have linked in the bio. This man is an adjunct professor at Notre Dame Law, a staff attorney at the Exoneration Clinic out of the University of Chicago, and a partner at the nationally recognized civil rights law firm Lovy and Loby, where he was an investigator before he even passed the bar.

That's some that's some impressive resume, and we're honored to have you here with us again.

Speaker 3

Elly is Low Sarry, thanks Jason, thanks so much for having us on.

Speaker 1

Now, Keith, you didn't always live in card Indiana. You weren't born and raised there, right, You started off on the South side of Chicago, So tell us a little bit about that.

Speaker 2

I grew up in a single family hall. My mother was raising three of us. It was kind of rough. As I got older, I started having babies, and then I got married with my wife. You know, the valance ate was on my rise in Chicago doing in the nineties, and I didn't want that kind of atmosphere round for my children. So we decided to move the air car because she had family there, and I was like, okay, we'll cool. I'll give it the shot. I was twenty eight going on twenty nine, and I had three children's

at the time. And then when I got there, it was started a smooth and didn't take me no longer than fourteen days before I got my first job at Bank's Lumber and life was great.

Speaker 1

Yeah, it sounds like it. I mean, twenty nine years old, three kids married, you know, more or less living. What sounds like the you know, personification of the American dream. And what's ironic is that you left Chicago, which had not only had a rise in crime at the time, but then the police were also very dangerous. The police in those days, and this is not hyperbole. We're regularly

torturing people. They were bringing them to a warehouse instead of the police station, not just suspects but also witnesses. They were subjecting them to beatings, genital electrocution, suffocation, putting bags over their head while they were chained to a wall, beating them with telephone books. And they did that not only the suspects again, but also the witnesses in order to extract confessions but also testimonies that they needed to

make cases against others. Sticks So check out our coverage of Marcus Wiggins, their youngest victim, and he was thirteen years old when they subjected him to this torture. We're going to have that linked in the bio as well. So anyway, you had jumped out of the literal frying pan into what you didn't know was another one in the form of the town of Elkhart, Indiana.

Speaker 3

You're right, Elkhart is a city of manifest and justice. To date, there's been five exonerations from Elkhart. Our clinic represents another dozen in terms of the number of wrongthully convicted people from there. You know who knows what that number is. I'm sure there's hundreds more.

Speaker 1

I mean hundreds more. That would be crazy in a big city, but we're talking about a town of fifty thousand of that's really disturbing. And as you can hear in our coverage of Andy Royer's case, which we're also going to link in the bio, there's coerced false witness statements, fraudulent fingerprint analysis, a false confession from a cognitively impaired man,

and the kicker. The prosecutor watched it happen and not only did she not stop it, but rather she used it to wrongfully convict not one, but two people in this case. And then I mentioned that she is the current elected prosecuting attorney for Elkhart County. And even more disturbing, with how small a town it is, all of these bad actors know one another, are aware of each other's misdeeds. And one of the detectives in the case we're going to cover today became the chief of police and that

lasted until twenty eighteen, and that's ed Winbigler. And by the end of this episode, you're also going to be acutely aware of his partner, the lead detective in this case, Steve Rizzuko. Elliott, can you give us some background on Razuko?

Speaker 4

You know, something that we would later obtain on the civil side of things was Razuko's application of the Okar Police Department and so they conduct, you know, a background investigation to Berzuko, and then they go to like three references that he actually lists. You know, this is like when you're applying to a job, You're like, hey, let me list like the three most favorable people to be in the world. And at each of those three places, they gave them terrible references. You know, one of the

people is like, I would never hire him again. This guy was overly aggressive, you know, like every red flag.

Speaker 1

He had, bad credit, was deep in debt, going through a bankruptcy, several arrests for reckless driving, fighting, an accident with a parked car, and a high speed chase with the police.

Speaker 4

So nothing in this background investigation was like, Steve Rzuko, let's give that guy a badge and a gun and see what he can do for the citizens of Belcar.

Speaker 1

But at least one former supervisor seemed to have found value in Razuko, saying, quote, he knew all the drunks, all the bandits, and all the prostitutes. He's a big guy, and he's been in some bar scrapes and come out the winner. End quote. This guy was an uber, aggressive dirt bag with plenty of friends in the underbelly of town.

And what you'll come to know about this guy is that his emo was not solving crimes, but rather finding a target of his investigation, just fixing all the facts and coerciing not only usfect but witnesses as well to give statements that fit his target.

Speaker 4

Yeah, this guy was willing to violate the constitutional rights of anyone in the community, especially people of color or people without financial resources to take him on, and got away with committing criminal offenses for decades.

Speaker 1

And well, we'll go a bit further to what those criminal acts were later on, but bear in mind he wasn't the only problematic dirt bag investigating in this case. There's also Ed wind Bigler, who eventually became the chief of police, and another detective named Steve Ambrose.

Speaker 4

Steve Ambrose later was implicated in serious misconduct as well, including shooting and killing a black man in the Elkhart community by the name of Derek Connors. And everybody that I had spoken to an elk Cart has serious concerns about whether Detective Ambrose murdered Derek Connors without justification, and there was an investigation into that in a lawsuit.

Speaker 1

So this town that Keith had moved to in search of a safe place to raise his family. Wasn't actually so safe with these guys protecting and serving. Now, not only was it unsafe for Keith and his family, but also another young man named Chris Parrish, who was also wrongly targeted by Razuko, Ambrose and wind Bigler. Now Chris was almost ten years younger than Keith and had grown up in Elkhart.

Speaker 4

I think with Chris Parrish something to keep in mind, as he was a real young kid whose family had run ins with the police department. And you know, as we talk about this case, you'll see that the police went out of their way to manufacture a keys against Chris Parish when all the evidence credibly showed that he was innocent all alone.

Speaker 1

So it was these previous run into with the law, which were nothing serious, by the way, but they offered a motivation for the police to try to frame Chris, who already had a mugshot from when he was fourteen years old, which made it even easier for them. But with you, Keith, you were brand new to town, unknown to local law enforcement, so you see, like a pretty random choice, but they went ahead and did it anyway, did you know Chris Parrish before all this happened.

Speaker 2

No, I never knew Chris Pare.

Speaker 4

Yeah, so Christopher Parris and Keith Cooper never met each other until a decade after Chris's exoneration. And you know, a couple of years after Keith was exonerated, they had separate defense attorneys. You know, Chris was from Elkhar, Keith was from Chicago. They lived different lives. Frankly, there are different age groups. You know, Keith was the period with children, Chris was in his early twenties.

Speaker 1

Yeah, Keith was like nine years older than him and living a totally different lifestyle. So the idea of the two of you committed an arm robbery together, on its face, makes no sense. So let's get into the climate itself. Now, this incident may not have even happened in the way that the victim described it. The police really never did collect any evidence at the scene, but rather it was collected later for them by the alleged victims. But it's

really all we have to go on. So on October twenty ninth, nineteen ninety six, allegedly, there were about six people in an apartment in a public housing project in Elkhart, seventeen year old Michael Kershner, his mother, Nona Canal, and then about four of Michael's friends, including fifteen year old Eddie Love and another guy named Jason Ackley and two others, and they said that they were watching a movie, that ridiculous movie, Don't be a Menace to South Central while

drinking your juice in the hood when they allegedly got a knock on the door from two black men, one short, one toll with a hat on, and they were looking for someone named Shell. Whether that was short for Michelle, we don't know.

Speaker 4

In either event, they had the wrong apartment, according to victims. You know, their account is that when they deny that Shell was there, these two guys forced their way into the apartment because the victims had like a bag of like laundry coins on the living room table, and there was an skas rifle. Ultimately there was a scuffle and in the midst of the scuffle, one of the victims, Michael Kirshner, was shot.

Speaker 1

Right He allegedly got in between his mother and the gunman, which was the taller of the two assailants, and took a non fatal gunshot to the abdomen, which, if true, is very heroic. Now, the taller gunman was the role in this crime that Keith later got saddled with. Also notable by the way, during that tussle, the taller man's hat fell off.

Speaker 3

Yeah, and it wasn't just any hat, you know back in the eighties and nineties, you know, when they had malls. It was like one of those hats that you can customize. There were like rhyan stones on it that formed the letter J. Notably, you know, Keith Cooper doesn't have the letter J anywhere in his name. But when the shooter and the second person left the apartment, they left that hat, and on that hat was DNA evidence that has excluded Keith Cooper since the time of trial.

Speaker 1

And we'll get into how that played out at trial in a bit. And from what I can understand, this hat and any other physical evidence from the scene, none of it was even initially collected by the police on the scene. What the hell is that all about?

Speaker 4

There are two different perspectives to this. You know, later there were some evidence that came out during Chris Parish's post conviction litigation that alleged that the shooting happened in a parking lot, and if they happen in a parking lot, that might tend to explain why there wouldn't be any physical evidence in the apartment. There's a second explanation, which is that it's not just detectives and Elkhart that are

completely incompetent, but also crime scene technicians. And so the crime scene technician when he went there, he didn't actually do his job and look for physical evidence from the shooting. And so two days later, when the victims came home from the hospital, they were the ones who recovered the hat, the shellcasings, called the police back and that's when the Olkhar Police Department came and seized the physical evidence.

Speaker 1

So there are some chain of custody issues from the get go here. But nonetheless, they had some bullets, shellcasings, the hat with the DNA that excludes Keith. And then the witness's descriptions, right, two young black men, one was short and stocky, and then the tall gunman who had a long silver gun and was described as wiry. But I'm not sure if Keith ever was wiry. It certainly doesn't appear that way. Now.

Speaker 3

Yeah, Keith is tall, but he's never been a wiry guy. You're totally right about that. And in this case, there was a composite that was created early on, and it's like the most generic looking composite you'll ever see. I mean it like basically was a human being. There was no detail to it that would like lead you one way or the other to who actually did the shooting.

Speaker 1

And we'll link that in the bio as well. So this generic composite leaves room for a very loose interpretation as to which direction to take this investigation. So two days after the crime, one of the witnesses, a fifteen year old kid named Eddie Love, who may or may not have been at risk of his own charges, had a highly pressurized sit down with ed Win Bigler. And it's been theorized that Winn Bigler may have been pushing

the idea that Chris Parrish was involved. So what is the result of this conversation.

Speaker 3

What's fascinating is there are like two different versions of this based on the reports. So, like Detective Winn Bigler's report said that Eddie Love said that the person look like a person he knew named Chris Parrish, he didn't say it was Chris Parrish. So he was like clearly telling the cops like, hey, you know, like, I know this guy, Chris Parrish, the guy you're looking for, looks

like him. But Detective Verzuko would later write a report saying that Eddie Love named Chris Parrish as a person who did this.

Speaker 1

So, whether they had already planned on doing this or not, they now have a reason to place Chris Parrish's photo in a lineup to be viewed by Michael Kershner, Nona Kanell, and the other four robbery victims. Now, remember they only had a picture of Chris from when he was fourteen, even though Chris was twenty years old at the time of the crime, So the lineup was totally suspect. Plus they knew that he was in Chicago.

Speaker 4

You know, which is about two hours from Malcart, Indiana, and he had somewhere around fifteen alibi witnesses who testified his criminal trial, including a minister and Brizuko would testify later on in Chris's civil case. This is like fifteen years later. I believed when the trial was over that Chris was going to be exonerated because I believed as

out by witnesses. That's a quote from Brazuko, And it really is a striking admission, because if you believe Chris Parish is out by witnesses, that Chris is innocent, then how does a police officer somehow get a half dozen people to make a positive identification with Chris Parish?

Speaker 2

Right?

Speaker 4

Both can't be true. Sure, maybe there's some statistical probability that one person could mistakenly pick Chris out of a photo ray, But how do you get a half dozen people to mistakenly pick Chris Parrish? I have a photo ray? Well, you do it by putting a fourteen year old juvenile photo in an array with five adult men, knowing that they described the person as younger looking, and you lead your eyewitnesses to misidentify somebody who's innocent.

Speaker 1

So they made this suggestive array with Chris's juvenile photo and led the six witnesses to id him. Chris was charged shortly after the actual incident, to later be taken to trial. But Keith, you were brand new in town. They didn't even know you, let alone have a photo of you. So how did you get pulled into this?

Speaker 2

That all started for the They said, I arrived later for a purse.

Speaker 3

So a personatching happened. But Keith was like literally walking on the street his car broken down. He went to go get some like groceries, and the detective saw a tall black guy and was like, oh, there was a person with a tall black eye. Let me just bring this guy over. So he drove Keith over to the victim's house.

Speaker 2

And I saw the lady on the porch with the other officers, and I'm saying to myself, how she gonna be a just identify me when I'm sending in the backseat, and they squad covered these little gates around the window where you can't even really see inside.

Speaker 1

Was she white?

Speaker 2

She was white? Yes, you were, okay, So.

Speaker 1

We have a crossracial identification from a distance through a window which is screened, as you said, so I barely could see in it all. And the suggestive nature of it is extreme.

Speaker 2

Right then and there, my life went to shits. Well, she identified me as the person at you. That was a lot when I got to the police station. A lot of things they did at the police station. It went untold because see they had me take a lot to take the test to prove that I was innocent of that case. But it did no good because Zuko's had other flanks would be And.

Speaker 3

This is like from Detective Razuko's own mouth. You know, he's testified to this. Detective Razuko sees Keith in there and he's like, oh, tall black guy, that must be the tall black guy I'm looking for in the cursion shooting. I mean like it literally could have been like any tall black guy in America who could have been brought into that station and their life would have been ripped away because Razuko just wanted to close the case instead assaulted.

Speaker 1

Here, you have two separate incidents involving a tall black man, and then both the pers snatching detective and Razuko just picked out any old, tall black guy and it just happened to be Keith both times. So you you were in jail for two months of waiting trial on the per snatch correct, Well, how much was bail on that case?

Speaker 2

Uh? It was ten thousand thousand ago to a bond out.

Speaker 1

And not having access to that money like so many other people, you're stuck in his jail.

Speaker 2

I'm stuck. I'm set waiting trial. Right before I was getting ready to go to trial for the personnatch, I get a visitor. The visit was Detective Zip Goes. He had me come down to his office and I sat down across from him and told me. He said, hey, if you take this personatching case to trial, and if you do win this, I have another case fate. I said, I didn't commit this personatcher, the I i't do anything

else out here in their car. He said, if I got six people to save the difference, And he gave me a police report and I'm read and he tells me that you're the one who attempted to rob these people in shop with Michael Curse. And at that time

I'm like no, I said I didn't do it. He said, well, you take this egg and you lay on it because if you, if you get found out give to that Battley, you will be faced with this hid And as I'm sitting there awaiting for trial that he was on the visit I was getting in the county jail, and this time he was letting me know, hey, this is your baby. You're sitting on that egg. Yeah, you gonna get found gifted this what you he was threading me. After a

couple of months went past, I went to trial. I was I was acquitted of that there right when they were processing me out. They came with a benchwarm and I asked him for what he said, timper arm Rob right there, and that I knew missus wasn't gonna let me go home.

Speaker 1

No, he was not. Like he had already explained to you, he had six people that were ready to identify you, and all of those ideas, with the exception of Eddie Love, were going to be cross Rachel, which I'll say it again, in study after study has been proven to be less accurate than guessing. So we had your picture now, and you put it into another suggestive lineup.

Speaker 3

What's remarkable about Elkhart is even though they had the ability to do live lineups back in the nineties, they declined to do it. All of the identifications in this case were made on photo rays, and if you look at the photo rays, it's like, yeah, canel id Keith kurshioner ide Keith And you're like, oh wow, these are positive identifications. You know, there's no reports about you know,

confidence levels, or whether they're done sequentially or together. And it took, frankly about fifteen years for that story to really unravel and for us to learn how those identifications were manufactured. So you know, once we began the investigation into what was really going on, the victims told us all this information about the identification process. They told us that they were telling Razuko the whole time they didn't

know if Keith Cooper was really the person. They actually were like demanding a live lineup to Detective Razuko, saying like, we want a live lineup because we're not sure, you know, we don't want to misidentify somebody, and he just kept telling them, I got the right guy, I got the right guy. He also told him that he didn't have enough tall black people in Elkhart to do a live lineup, which is also a lie.

Speaker 1

It sounds like the basis for probable cause was a lie as well. These IDs were not positive ideas and the lead up to trial, but Razuko was able to shore them up later in the meantime leading up to trial, they had the DNA from the sweatband and the results came back telling the state definitively that Keith was not and could not have been involved, which should have put an end to this crazy prosecution.

Speaker 3

Totally like one hundred percent, but instead the state enters into this stipulation with this defense attorney that Keith had saying that if the State Lab analysts were to testify a trial, she would testify that the hat neither included nor excluded Keith Cooper from having worn it, and that is like the opposite of what the actual DNA results say, which is that like he's excluded from being a contributor to any of the DNA on the hat.

Speaker 1

I'm planning. It hard to understand why his attorney would do something so stupid. I mean, did you know that your attorney was allowing this shit to go on?

Speaker 2

No? No, no. When the DNA, I felt confident that that's going to be the way I get out. But the negu the stipulation, which I didn't understand at the time what the word meant. My lawyer told me that when he agreed to that, that it's going to be into my favor if I agreed to the stipulation. I said, okay, cool.

Speaker 3

What ended up having a trial is like you know is in many of these cases, right, you've got police misconduct, you've got overzealous prosecutors, you know, they just want to get a conviction. And he had a defense attorney who was checked out. Are we going to say his name, Yeah, Jack's meeting. He did not protect Keith Cooper had trial. And you know when I say trial like that is like charitable. This was a half day bench proceeding that sent Keith to prison wrongfully for a decade of his life.

Speaker 1

It's chilling to think that he said to you. He was actually being honest, but not in a good way, because he said, I'm going to take a bench trial so we could get this over with, right he was he was not. I mean, any lawyer would know that you're better off with twelve jurors where you only need one to say, hey, this doesn't make any sense.

Speaker 2

I thought that way too, But he kept on telling me, saying, you bet off facing the judge because the judge just familiar with the laws, and I'll better for you to do it with this judge and have to go through the twelve people because the judge know more about your case than they do. And like I said, I know about the system. So I went with what he was saying because you know, hey, he represented me, but he wasn't. He was just getting basic. He just wanted me to cop out.

Speaker 1

It seems like that's what the court was greased up to do. I don't even understand how the judge could have allowed that stipulation to come to pass, honestly, But everyone seemed on board with just ignoring the clear cut evidence of your innocence leading up to trial, except for the people who didn't know about the DNA evidence. The eyewitnesses, who it seems to me, were probably the only people trying to do the right thing here.

Speaker 3

Canel Mike Kirshner, They like, were so insistent regarding their doubts in this identification that Razuka was like, fine, show up to the courthouse at this time and maybe in this location, and the date was Keith Cooper's trial, the location was the hallway, and the time was before the trial started. And so Razuko has these witnesses lined up in the hallway as Keith Cooper is walking up with his wife and children. And what the witnesses and the victims say is a Rezuko turned to them and so

that's the guy. That's the guy you're going to go in there and identify as the shooter. And they did what the cop told him to do.

Speaker 1

So they trusted the detective that he had the right guy. Meanwhile, he knew otherwise all along. In fact, Berzuko, Winn Biggler, and Ambrose knew that the case was so weak with the shaky IDs and DNA evidence exonerating Keith, that they had to come up with even more bullshit.

Speaker 3

So at some point prior to trial, detective Razuko and Wim Biggler get a jail house informant involved named de Barry Coleman, and they promised to Barry Coleman as consideration and fed them information in order to fabricate a statement alleging that Keith confessed to him when they were incarcerating

together in a trial. One of the remarkable things they were Marry Coleman actually refused to testify there, and the judge allowed for a detective to testify to the statement that he took from the jailhaus informant without any defense having the ability to cross examine the informant who is refusing to testify.

Speaker 1

That is off the rails. Everybody who knows anything about the law or legal proceedings knows that there can be no testimony for either side unless the other side has an opportunity to counter it by cross examining the witness. I've seen wrongful convictions happen for that reason.

Speaker 3

Yeah, but apparently like Razuka was like not convinced that Keith was going to get wrongfully convicted, and so like he goes out into the hall and gets us witness Jason Ackley, who was at the time of the shooting in the shower, is not in the living room when the shooting's going on, and he tells Aclee that he needs them to go in there and identify Cooper's voice as the voice that he heard through the walls. Well, he's showery as the perfid who fire the shot. I mean,

it's the most absurd thing. And so they bring this guy out from the hallway and they have Keith, you know, say some ridiculous thing in court, and Actly it's like, oh, yeah, that's the voice I heard.

Speaker 1

Not only is voice recognition totally unreliable, but for anyone who's ever taken a shower, we all know that identifying a strange voice over the water through the wall and maybe the shower curtain or the glass door and whatever else is between you and whatever is going on, This guy,

actly is totally full of it. So, Keith, you'd watched all this go down the eyewitnesses gave positive i DS in court, the judge a lot of detectives to read in the jailhouse snitch statement after the snitch refused to testify, and your defense attorney entered into that DNA stipulation. Hell, this is a freaking bench trial. And the judge went ahead and allowed that stipulation. I mean, I don't know how you could have held out any hope that you'd still be acquitted after that.

Speaker 2

No, something my body told me, man, I was going to perison wh to use the DN neighbor when it proved that I was innocent that when they said inconclusive, when they threw that to the side, I knew I was going to prison. The judge mine was already made up and we had recess. When we came up to recess, I was found gifted. I looked at my turn and I said, how you let this happened when the DNA was there? And he said, but I did what I could.

It's like a little Grimace grens about itself, you know, like, hey, I did what I can do.

Speaker 1

Wow. I mean, this is really devastating just to hear about it, and you had to live through it, and then you got taken off the prison, facing forty years to life.

Speaker 2

During my sentences, I had told my wife she had to get on with her life. Don't worry about me, because I can't help her or my three babies. I have to now worry about having or surviving this prison, and you have to worry about how you and the kids going to survive because I don't have no source of help, and better help myself now this time. So you know, i'm'a lost the words, and she lost the words too, cause we both got a journey on our

own now separate ways. All the best value where they sent me to it was the ride, the long ride down then that Uh it took its toll on me cause I had to think about how I was gonna survive in that prison, and uh they thought about me not saying my babies again, that was taking the toll. The close I got to that penitention, the more I

really I wasn't gonna see my kids, you know. Then when I got inside the PENITENTI it was I knew that was gonna be my home for the next forty years if I lived, And that was scary cause I was in a place where I know nobody, nobody, And now then I had to deal with the mentality of the prison yard. Everybody in there is taking a frustration. I don't one another, and no matter how you try to avoid it, you couldn't shake it. It came. It always presented itself where you had to knuckle up, you

had to throw your hands, you had to fight. I was getting tired of people. Man. Every morning, Man, somebody manhod is getting tested. It's like, I'm tired of fighting. Man. I'm gonna end up man actually committing a crime in this place, and I know they was going to eventually and kill me up in there.

Speaker 1

How did you survive and how did you maintain hope in a place that, I mean hope was lost.

Speaker 2

I got on my knees and I just prayed. Man, I asked God, I asked God's a guy that helped me get through this year. I wasn't really get in no help until I got the point in another lawyer, Radio Pelaski, and he came into my life. That's when the hope, when everything began change for me. After nine year, it took me nine years to see that they're like you said, man, I looked through your cage I see with the DNA here, I'm gonna have to redo your DNA.

Speaker 3

So you know Keith's case. You know, in the early two thousands, there was more DNA testing down on the hat and they were able to run the profile from thisweatban through the code of database and they got a hit to a person named Jolana Servant who was convicted of murder with a similar type weapon in a town that was less than thirty miles from Elkhart and to match the description that the witnesses really gave. So when the system fails and the wrong person goes in, it

fails the victim's family, Keith Cooper and his family. But here's a situation where like, because the detectives went so far out of their way to put an innocent guy in prison, the real perpetrator not only stayed free, but he actually committed another murder. They had actually done their

job originally, maybe they could have prevented that. So when the hit happened, Keith was litigating a post conviction petition and the judge gave Keith's attorney, who is at the Public Defender's Office, and Keith a choice either he will grant a new trial, and at that point, the defense

attorney who was representing Keith. You know, these victims, you know, they were identifying Keith for all he knew, you know, he didn't talk to them, and there was some fear by the attorney that Keith could get re wrongfully convicted or the offer that was presented is that the state would modify Keith's sentence on the wrongful conviction to time serve so that he could go home to his family.

Speaker 2

I want to go home because I had got a letter from my sister telling me that my family was living in the shelter, and that was what made me really won't understand that paper maps I can come home because I didn't want my people living in the shell, especially my little daughter, because I was locked up with the perverted guy. As you hear, they tell their stories how they find to get their victims, and that made me realize, Man, I need to get a body history as fast as possible.

Speaker 1

That's a sophie's choice. You know, Yes, you get to go home to your family, but you get to live for the rest of your life as a convicted violent felon, you know, Or of course you have to go back to jail await trial in a hellish place, which could take years to get back to another trial. And then you've already seen the worst of what the system has to offer, and you know they're capable of faming and they can just do it again. So who would want

to have to make that choice? I think for someone in Keith's position in Elkhart, Indiana at that time, it was probably the only only rational choice to make.

Speaker 2

When I got out in two thousand and six, my kids didn't even know who I was, and I bet they recognized them because they had grew up. It was teenagers now, they was just little babies when I went into that, you know, being raised without me and their life. He had some little resentments that I had to deal with. I had to let them know it wasn't like I just walked out your life. I was kidnapped. They took me out from y'all, you know. So there was a

hard pill for all of us to swallow. Whom we got reunited.

Speaker 1

This is something that will have a lasting impact on them for as long as they live. Right, the children need their dad, they need their parents.

Speaker 2

And be all right now. I mean, I'm so happy I got my grandkids around me. They keep me motivated. You know, I might have missed out on raising my own kids, but at least my kids give me the luxury of raising their children. So I'm grateful.

Speaker 1

What do they call you? They call you Grandpa, grabs pop pap, or they call you.

Speaker 2

They call me Paul, Paul. They love they Paupaul.

Speaker 1

That's great, And I understand you got remarried as well, to your wife, Nicole Slaton Cooper in twenty ten.

Speaker 2

Oh. I love my wife. She's beautiful. She's been very supportive of me. And the personal I got to get high honors to is God first. Then my lawyer fly brother's last frame. Yeah, Ellis. So when he stepped that came to my life. I was given. Man. I knew I had a chance man to make things right.

Speaker 3

So, you know, I learned about Keith Cooper when I was investigating the case of his co defend at Christopher Pierrish, who had already been exonerated. You know, he was in the middle of a civil lawsuit. I was like, not even in law school yet. When I was working on that as an investigator, and when I talked to the victims and they told me what Detective rzuco really did

to get these false identifications. You know, I went back to the firm to my boss and I was like, Chad, Keith Cooper is super innocent, and these people all feel terrible that they ripped his life away. We've got to We've got to tell him. So I met Keith that way and ended up, you know, promising him, you know that we would do everything that we can to help him get his name back.

Speaker 1

Since your investigation of Keith case really began with Chris Parrish's case, we need to revisit what that investigation and the civil suit uncovered. Now he filed the wrongful conviction lawsuit in twenty ten, so take us through that.

Speaker 3

During Parish's civil lawsuit, Keith Cooper's wrongful conviction unraveled, the eyewitnesses revealed that they were manipulated into misidentifying Keith Cooper the joehas informant to Barry Coleman. You know, he refused to testify trial, right, So Coleman you know, revealed like, hey, yeah, I didn't testify trial because A it was false and B they didn't satisfy their promises to me, and I wasn't going through with it. I wasn't going to let them give me up there to put an incant guy

in prison. Jason Ackley, the guy in the shower, testified that Detective Verzuko was out in the hallway and just told him what to do, and he would do anything to help Detective Razuko and you know, the family get a conviction. So he was just doing what Razuko said.

Speaker 1

Parish presented evidence that a Kirsha was shot in the parking lot outside the building and about it because he said it was in the apartment because he was on home detention for a gun charge. So that's a bombshell right there. Okay, then Love testify the police coerced him to identify Parish. DNA test conducted after the trial, and the hat showed not Keith Cooper, of course, but as you said, DNA of a man named Jolanis Irvin who was later convicted of murder.

Speaker 3

It would later be proven that Detective Razuko, the same guy who was telling the eyewitnesses who to select in the hallway with Keith Cooper, was using a child photo of Chris Parrish so that they knew who to identify and his arrays. And then Razuko would later admit under oath that when he watched Chris Parrish's trial, this frame job that he like orchestrated, and he admitted in the deposition, like they convinced me. I thought they were going to find him not guilty.

Speaker 1

Right, I mean, the state's case had been laid to waste. Right, it was just laying there in tatters. And there's still so much more that was revealed, and we'll get to that in a minute. But Keith's best shot at Exander was an actual innocence pardon from the governor. And this was Governor Pence at the time, and it was filed in like twenty thirteen, Right, wasn't he released in two thousand and six?

Speaker 3

In Indiana? They had this real antiquated rule at the time where if you had been released from prison, then you had to wait five years to file a pardon our parle application.

Speaker 1

So all of this information had already been accumulated. No one could deny his innocence. They couldn't have back in two thousand and six, even though they would have tried. But now he's out and ready for the fight. So this goes in front of the Pardon and Parole Board and there's an even better case made for then Governor Pence to do the right thing. Here.

Speaker 3

What's remarkable is that the part of parle board did a unanimist recommendation. They recommended the actual innocence pardon the victim. Michael Kershner testified on Keith Cooper's behalf, apologized to him, told him what Detective Razuko did, you know, begged the part and parle board to do the right thing, beg the governor to do the right thing. A number of other people gave statements, and probably you know, the most critical thing was a letter from the trial prosecutor who's

now a judge, an Elk Card, Judge Christefino. It was a letter directed from the trial prosecutor to Governor Pence, and in the letter, mister Cristeffino admitted that the evidence available to the State of Indiana at this time exonerates Keith Cooper, and justice demands that mister Cooper be pardoned. As an attorney, he begged the governor to undo Keith

Cooper's tragic, wrongful conviction. And then Pence sat on this thing for years and instead, once he got nominated by Trump, they wrote a public letter that they submitted to the press saying that the governor wasn't going to act on the actual instance pardon even though it was bored, unanimously recommended that it be granted, and telling Keith Cooper to go back to court and file a post viction petition. And we went back to court, we filed the post

conviction petition. We were going to call the bluff. What ended up happening is Keith's case became a political issue and a civil rights issue in Indiana. During the gubernatorial election, there was even a debate where the candidates were each asked the question, will you parting Keith Cooper in your first three days in office? That is how like big this guy? And so the momentum could not be stopped.

Speaker 2

I felt like a celebrity. I tell you that God is good. Hey he put me out there when I heard that part. And I was at work on a forklift truck loading the FAED except and one of my guys ran on the back of the truck. He said, Keith, you've just been pawned. I didn't know. He said, man, you gave me pint. I thought it was a game he was just going to play. If I say, man, got time for them, I'm loading this truck. Let me work.

He said, come and look, and I look. There was every hope and pardoned Keith Cooper and then I couldn't do nothing. Man, But as a man, I tried to hold back my feelings, but the tear just just flooded. And Uh, everybody on my job, they was all happy because they had the word that got out and on Uh, I had to leave work. I was suicided. I was free. I went home and and just got on my knees a minute, just let it all. I just tears are just overwhelming, and they were just flooding the revers with

my eyes. Man, I couldn't stop. And I was thankful because it was like a dream had just come true for me. The burden, all that weight there was, all my chests is just a thousand pounds were just lifted off my chest, man, and I was free. My name was cleared, and I made history in the state of Indiana.

Speaker 3

The person who ultimately won that election, Governor Eric Holcombe, who was the lieutenant governor two Pence. Like this is somebody who was on Pence's ticket previously, and within his first thirty days in office, he granted Keith Cooper, the State of Indiana's only ever actual innocence part.

Speaker 2

It's incredible.

Speaker 1

Finally now comes the good stuff. Right now you get to take these people to task. So, of course, in November twenty nineteen, Keith filed the federal lawsuit against the City of Elkhart and four of its police officers. What did you learn during the civil proceedings, because this is this is deep.

Speaker 3

Yeah, we ended up filing the civil lawsuit, you know, as a federal lawsuit on behalf of Keith Cooper. We sued Detective Razukodwynn Bigler, A Ambrose, and the City of Elkhart, and that civil lawsuit unraveled what is going to be decades of exonerations people who were wrongfully convicted, just like Keith was. We ended up on covering these internal affairs files that were never disclosed to Keith Cooper prior to

his trial in a parish's civil lawsuit. So like, not only was this stuff withheld on the criminal side from both of them, but like the City of Belcart literally litigated an entire lawsuit without turning it over, which is shocking.

But those internal affairs files showed two different internal affairs investigations into Detective Verzuko, one in nineteen ninety six before Keith Cooper was ever wrongfully convicted, and another one in two thousand and one, and the nineteen ninety six I investigation, Detective Razuko admitted to paying an informant for sexual acts and she was used as a witness in a homicide investigation. Admitted to that, and the only thing that the department

did was take away three of his vacation days. And in two thousand and one, Detective Verzuko was caught in another internal affairs investigation prompted by other law enforcement. He's coming into Elkhart and saying, we have evidence showing what your detective is doing paying informants and prostitutes for sexual

interactions dating back to nineteen ninety four. Like, we have affidavits from these women who he was sexually assaulting, right, Like, there's no actual consent here when it's a law enforcement officer with a badge and a gun, Like, they don't really have a choice. But he was not only paying them for sexual interactions, but he was then fabricating statements for them to falsely implicate people in crimes, including murder. These people were going on the stand and testifying to

frame innocent people like Keith Cooper. They ultimately sustained an allegation of malfeasans against him, which by definition is a criminal act, and he was allowed to resign and then get this. Between the time that the malfeasans finding happened and his resignation, a supervisor of his at the Elkcar Police Department and a supervisor in the Yolker Kennedy Prosecutor Office literally wrote letters of recommendation on letterhead to a different law enforcement agency so that he could get hired.

And then the chief of police went to the Board of Public Safety and thanked Razuko for his years of public service. Like nobody knew about it. They buried it, all these people that he helped frame for crimes that he commit, a lot of clients in ours who were

still wrongfully in prison, and then they buried it. And then Elkhart allowed Rezuko even after he resigned with this malfeasans finding, they were allowing him to testify in criminal cases like even murder trials without ever disclosing it to

the defense for years. And we uncovered that, we uncovered a ton of other misconduct and exculpatory information that was withheld, and we ultimately filed avotion for sanctions against Detective Razuko for committing perjury and withholding evidence, including dating back to the parish lawsuit, and we sent him written discovery request that was like, maybe every informant you ever had, tell us the name of every informant you ever had sexual

interactions with. Tell us the name of every informant you had sexual interactions with that you use as a witness in a criminal investigation. And the night before his response to the sanctions was due, and the night before his written discovery responses was due, he committed suicide.

Speaker 2

Wow.

Speaker 1

I mean, I'm sorry for his family, but the fact is that everyone's safer with him not being in a position to hurt other people and abuse his power. You know, again, I wish it was the only time I'd heard a story like that. You know, the Pippo and Krevac case in Westchester had similar levels of police criminality. And then there's that horrible cop in Kansas City from the Lamont McIntyre case and so many others. You know that what I'm talking about, Yeah, yeah, Glubski, Jesus Christ.

Speaker 3

There's one more wild thing Jason that our law stud uncovered, you know, the detective who assisted Razuko and Fabricaine at Joha's informant statement at Win Bigler. He would later rise to the ranks of chief of police, Like he was chief of police in Elkhart through twenty eighteen. Like, this

isn't even something that happened decades ago. And what we uncovered in Keith Cooper's civil lawsuit was that in the nineteen nineties there was a group of white officers in the Elkhart Police Department who refer to themselves as the Wolverines. Like people in the department have testified about this. Everybody up to the mayor has testified that they knew about the existence of this group existing within the department, And

people have testified that the Wolverines originated. The name originated from this movie called Red Dawn from the nineteen eighties, which is real timely given what's going on with Russia and Red don was premised on this theme that a group of white suburban teenagers would resort to gorilla war

in order to keep invaders out of their community. And these officers apparently saw people of color as invaders of their community and resorted to police abuse, police misconduct, framing innocent people, and mister Winbigler actually has admitted under oath

to being associated with this group. And so the existence of the Wolverines is going to further unravel Elkhart's epidemic with wrongful convictions because those officers, time and time again have been implicated in framing other innocent people for crime sed.

Speaker 1

Incommit I hate to say, but it's almost like the Catholic Church. You know, you go to whichever city you go to, and you hear stories like this. We hear it day in and day out here as we interview people like Keith who've been through this. So since you've pursued civil litigation Indiana, that means you've forfeited the right

to state compensation. But aren't you glad you did, because after hearing all the things that Elliott has been able to uncover here, which is nothing short of incredible by the way, you were able to win your civil suit. I mean, he really drew out the truth here and no one could hide from it.

Speaker 2

The truth never changed no matter how long it takes, the truth always remained the same. I favored my truth, and God pabil they could say whatever they want to say, and then God Pavel and he's not done with Elcot either. A whole lot of truth for the come out of al cut Yes, sir hey man.

Speaker 1

So we have a tradition here wrongful conviction. It's called closing arguments. It's how we close the show, and it works like this. First of all, I thank each of you guys for being here and sharing this truly incredible story. And then I'm going to turn my microphone off, kick back in my chair, put my headphones on, and just listen to anything else you want to share with me and our incredible audience. Elliott, let's let you go first, tell us what's on your mind, and then Keith can take us out.

Speaker 3

The epidemic in Elkhart is only beginning to unravel. Yeah, there are so many other Keith Coopers who continue to be wrongfully incarcerated, whether they were framed by Detective Razuko or other members of the Alkar Police Department. But one thing that Keith did through his fight over the past twenty six years, it shine a light on a community that was riddled with police and proscatorial misconduct. And Keith, through shining that life will be the main reason why

so many other wrongfully convicted people will be set free. Recently, in seven point five million days different ways, the city of Elkhart acknowledge the egregious wrong in suffering that happened to Keith Cooper. And it's no coincidence that Keith received the largest wrongful conviction settlement in the state of Indiana. That settlement is a result of everything that Keith On earthed and that the city of Elkhot did not want

a jury to hear. So while Keith's story is heartbreaking and tragic and so preventable, you'll be hearing about a lot of other Keith Cooper's being set free from Elkhart in the years to come.

Speaker 2

I just want to let people know, man, that the justice system can be fixed, and there's people are here that's working every day to see that folks like myself that a rawfully convicted do have a chance to get out because there's people out here working and they're looking into cases and they digging up the dirt on these wrongful, unlawful police prosecutors, even states attorneys and even the judges. They come in after them a loan as they keep

they hope and stay in their faith. Whatever they faith may be, stay with it because God gonna send these folks around here. These people say out here to help, and I learned it. That's what I close.

Speaker 1

Thank you for listening to Wrongful Conviction. I'd like to thank our production team Connor Hall, Jeff Clyburn, and Kevin Warnis, with research by Lyla Robinson. The music in this production was supplied by three time OSCAR nominated composer Jay Ralph. Be sure to follow us on Instagram at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and on Twitter at wrong Conviction, as well as at Lava for Good. On all three platforms, you can also follow me on both

TikTok and Instagram at it's Jason Flam. Wrongful Conviction is the production of Lava for Good Podcasts and association with Signal Company Number one

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