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SAN FRANCISCO Feb. 9 — A federal appeals court on Monday blocked the execution of a man who hacked four people to death in 1983, ruling that evidence in his case should get a fresh look after nearly 20 years of appeals. The decision by 11 judges on the 9th U.S. Circuit Court of Appeals came less than eight hours before Kevin Cooper was to be executed by lethal injection. The U.S. Supreme Court was considering Monday night whether to overrule the decision or let it stand. A three-judge panel of the 9th Circuit had earlier granted a stay in the case to consider whether DNA evidence connecting Cooper to the crime should be retested amid repeated claims that Cooper was framed by law enforcement. The full court later said Cooper could reopen his case. Cooper's attorney, Lanny Davis, cheered the decision Monday. 'What this means is that for the very first time, one court and one neutral fact-finder can hear all of the evidence that the jury was not allowed to hear,' Davis said. 'This suggests not only that Kevin Cooper can be found innocent once and for all, but that there may be three murderers out there who need to be found and prosecuted.' Cooper's plea for clemency was recently denied by Gov. Arnold Schwarzenegger, the first such decision to cross the governor's desk. Schwarzenegger said the evidence of Cooper's guilt was overwhelming. A deputy to Attorney General Bill Lockyer said the law does not allow Cooper to reopen his case so close to his execution date.
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