STORY: "Court of Appeals rules Judge Kennedy will decide Kerry Max Cook," by reporter Dayna Worchel, published in the Tyler Morning Telegraph on December 20, 2012.
GIST: "The 12th Court of Appeals has ruled that Smith County Judge Christi Kennedy of the 114th District Court will be the one to rule on whether DNA testing can be performed on evidence in the decades-old Kerry Max Cook murder case, including a knife and a hair sample that had been kept at the home of Eddie Clark, a Tyler police sergeant. The appeals court issued the ruling on Thursday. Defense attorneys for Cook had argued on Nov. 1 before the Court of Appeals that the evidence in Clark’s possession had not been properly preserved and that former Smith County 114th District Court Judge Cynthia Kent should not have been the one to transfer the Cook case from the 241st District Court when Judge Jack Skeen Jr. began presiding over the 241st. A portion of a prepared statement that Cook sent to the Tyler Morning Telegraph said that the specific basis for his motion to “recuse Judge Kennedy was due to her impartiality in being so connected to ... the entire Smith County legal apparatus that has kept the lies against me alive and well.” “It would seem if they really didn’t have anything to hide they would, in the interest of justice and the truth, agree to have a Judge outside Smith County to make the ruling of my innocence. This way the truth could just be the truth,” Cook said in his statement."
GIST: "The 12th Court of Appeals has ruled that Smith County Judge Christi Kennedy of the 114th District Court will be the one to rule on whether DNA testing can be performed on evidence in the decades-old Kerry Max Cook murder case, including a knife and a hair sample that had been kept at the home of Eddie Clark, a Tyler police sergeant. The appeals court issued the ruling on Thursday. Defense attorneys for Cook had argued on Nov. 1 before the Court of Appeals that the evidence in Clark’s possession had not been properly preserved and that former Smith County 114th District Court Judge Cynthia Kent should not have been the one to transfer the Cook case from the 241st District Court when Judge Jack Skeen Jr. began presiding over the 241st. A portion of a prepared statement that Cook sent to the Tyler Morning Telegraph said that the specific basis for his motion to “recuse Judge Kennedy was due to her impartiality in being so connected to ... the entire Smith County legal apparatus that has kept the lies against me alive and well.” “It would seem if they really didn’t have anything to hide they would, in the interest of justice and the truth, agree to have a Judge outside Smith County to make the ruling of my innocence. This way the truth could just be the truth,” Cook said in his statement."
The entire story can be found at:
http://www.tylerpaper.com/article/20121222/NEWS01/121229951/-1/NEWS
PUBLISHER'S NOTE
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
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.
