STORY: "Former death row inmate begins, fight for compensation," by reporter Brandi Grissom, published on April 9, 2012, by the Texas Tribune;
GIST: "Kerry Max Cook's three-decade-old case will once again take center stage in Smith County today as he begins a new fight to clear his name of the 1977 murder of Linda Jo Edwards. Cook, who was released from prison more than a decade ago after spending about 20 years on death row, was convicted at age 22. "All I want is my innocence,” Cook said in a phone interview from his Dallas-area home on Thursday, his 56th birthday. “That’s all I want out of this.” Cook is seeking to test more DNA — as much as investigators can find in the three-decades-old evidence file — to prove to the court that he is innocent and to have the murder charges officially dismissed. But, he said, he doesn’t stand a chance if he has to fight in Smith County, where the courts have said that prosecutors broke the rules to secure his conviction. Today, Cook will ask an administrative judge to move his case to another county. Smith County prosecutors, though, say that things have changed there since Cook’s trials, and that he can get a fair hearing......... Prosecutors have disputed the findings of misconduct, and they proceeded with a fourth trial. Shortly before the trial was to begin, though, they offered Cook a plea deal. He could plead guilty, be sentenced to the time he had served and then be released. Cook refused to plead guilty, though, and instead entered a plea of no contest. He avoided the risk of another trial, but Cook was still legally considered a murderer. Only after Cook signed the agreement with prosecutors did DNA testing reveal that Mayfield’s semen was on the victim’s panties. Mayfield has never been charged in relation to the crime, and Smith County prosecutors have said the DNA results don't mean Cook didn't commit the crime. “Given the history of this case, there is no chance that the resolution of Kerry’s case can have any legitimacy or appearance of impartiality if it remains in Smith County,” said Marc McPeak, a lawyer with Greenberg Traurig in Dallas, who is working pro bono on the case."
http://www.texastribune.org/texas-dept-criminal-justice/death-penalty/former-death-row-inmate-begins-fight-exoneration/
PUBLISHER'S NOTE:
I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
