Kerry Max Cook Declared Innocent After 46 Years of Legal Battles
June 19 2024 - 11:28PM
Business Wire
In a landmark decision, Kerry Max Cook has been officially
declared innocent by the Texas Court of Criminal Appeals. This
declaration marks the end of a harrowing 46-year+ journey through
the justice system, during which Cook was wrongfully convicted of
the 1977 murder of Linda Jo Edwards in Tyler, Texas.
“For 46 years, 10 months, and 13 days, police and prosecutors
lied and cheated and forced me to live in the dark shadows of the
Texas legal system, including 20 years, 3 months, and 5 days on
Texas Death Row,” says Kerry Max Cook from his hospital bed in
Houston tonight. “I was convicted and sentenced to die for a crime
committed by another person, in proceedings tainted by deliberate
deception and police and prosecutorial misconduct that, to this
day, has not been held to account. This opinion creates an
opportunity for the victim, Linda Jo Edwards, to finally receive
justice. Today is also a wonderful day for me, my wife, and my son,
and for everyone who has believed in me. I am grateful for the
comprehensive review and impartial analysis by the Texas Court of
Criminal Appeals. I never gave up and never stopped believing that
truth would prevail.”
The court's decision comes after a thorough review of new
evidence, including DNA tests and admissions of perjury by key
witnesses, that unequivocally prove Cook's innocence. The ruling
also highlights extensive State misconduct, including undisclosed
deals with witnesses and false testimonies that led to Cook's
wrongful conviction.
In 1978, Kerry Max Cook was convicted of the brutal murder of
Linda Jo Edwards and sentenced to death. His conviction was based
on unreliable witness testimonies and withheld exculpatory
evidence. Over the decades, Cook endured multiple trials and
appeals, each time fighting to prove his innocence.
New evidence, including DNA tests conducted in 1999 and
2012-2015, excluded Cook as the contributor of crucial biological
evidence found at the crime scene. Further, in 2016, alternate
suspect James Mayfield admitted under oath to lying about his
sexual relationship with the victim, lying about knowing the
eyewitness had told colleagues that she saw him in the victim’s
bedroom at the time of the murder, and lying about having a book in
his possession that included crime scene photos depicting female
murder victims in the same poses as the victim in this case.
Key Points of the Court's Decision:
- DNA Evidence: DNA tests conclusively excluded Kerry Max
Cook as the contributor of the semen and skin cells found on the
victim's underwear that was pulled off her body, implicating James
Mayfield instead.
- Witness Perjury: James Mayfield admitted to perjuring
himself in multiple trials, providing false testimony that
contributed to Cook's wrongful conviction.
- State Misconduct: The court found numerous instances of
State misconduct, including undisclosed deals with key witnesses
and the presentation of false evidence.
Kerry Max Cook expressed relief and gratitude upon hearing the
court's decision, stating, "This has been a long and painful
journey. I am grateful for the truth finally coming to light and
for the unwavering support of my family, friends, and legal
team."
Cook's attorney since 1990, Paul Nugent, commented, "Today is a
monumental day for justice. Kerry Max Cook's exoneration is a
testament to his resilience and the importance of continued
vigilance in our legal system to correct wrongful convictions."
Kerry is currently represented by Exoneration Initiative
attorneys Glenn Garber and Rebecca Freedman and Austin-based
attorney, Keith Hampton.
For further information or to schedule an interview with Kerry
Max Cook or his legal team, please contact:
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Gayla Kirshner 713.962.9020