According to PolitiFact
, Gabbard's statement leaves out some key facts. The New York Times
fact-checked the claim, related to the 1983 murder case against Kevin Cooper, a Black man on death row in California: "[Cooper was] convicted by a jury for a 1983 quadruple murder. Ms. Harris, as attorney general, did not allow
new advanced DNA testing in his case, denying Mr. Cooper’s request. After The New York Times
wrote about the case, Ms. Harris told Times columnist Nicholas Kristof
that 'I feel awful about this' and called on the state to allow for such testing," encouraging California Gov. Gavin Newsom’s decision to order the testing
, which he did earlier this year. The testing hasn't been completed, so whether it would exonerate Cooper remains a question.