PASSAGE OF THE DAY: "Mr. Cook’s case was marred by multiple acts of prosecutorial and police misconduct, including the initial failure of the state to disclose a deal a “jailhouse snitch” received in exchange for testimony – a detail only disclosed 14 years after testimony was provided; the destruction of a human hair containing potentially exculpatory DNA evidence, despite a pending DNA testing request by the defense; and false and misleading testimony by Sargent Collard, deemed a fingerprinting expert, who was pressured by the District Attorney. The opinion outlines the numerous acts of misconduct in the case, stating that “[s]everal actions of the State go beyond gross negligence and reach into the realm of intentional deception against the tribunal.”
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QUOTE OF THE DAY: “Marked by bookends of deception spanning over 40 years,” the Texas Court of Criminal Appeals has now found Mr. Cook to be innocent. “The State merely has to prove guilt beyond a reasonable doubt—which the State could never achieve in this case. Cook should therefore not have to prove his innocence beyond all doubt,” stated the majority opinion, authored by Judge Bert Richardson. “After being incarcerated on death row for almost twenty torturous years, we hold that Cook has met the burden required for actual innocence and relief is hereby granted.”
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POST: "Texas Court of Criminal Appeals Finds Kerry Max Cook “Actually Innocent” 46 Years After His Original Conviction," posted on June 21, 2024, by The Death Penalty Information Center.
GIST: On June 19, 2024, the Texas Court of Criminal Appeals set aside 68-year-old Kerry Max Cook’s conviction, finding him to be “actually innocent.”
Describing Mr. Cook’s case as “one of the most notable murder cases of the last half-century,” the majority opinion explains that “when it comes to solid support for actual innocence, this case contains it all—uncontroverted Brady violations, proof of false testimony, admissions of perjury, and new scientific evidence.”
The Death Penalty Information Center has determined that Mr. Cook meets the criteria for inclusion on our exoneration list, making him the 198th person exonerated after being sentenced to death.
Mr. Cook, who was tried three times, was originally sentenced to death for the 1977 murder of Linda Jo Edwards.
His original 1978 conviction was vacated by the U.S. Supreme Court and remanded to the Texas Court of Criminal Appeals, which then reversed the conviction in 1991.
In 1992, a mistrial was declared during Mr. Cook’s second trial due to the jury’s inability to reach a unanimous verdict.
Despite the disclosure of evidence previously withheld during the first trial, Mr. Cook was tried a third time, resulting in a conviction and death sentence in 1994.
Once again, the Texas Court of Criminal Appeals found Mr. Cook’s right to due process was violated, reversed the conviction in 1996, and remanded the case to the trial court.
Prior to what would have been his fourth trial in 1999, Mr. Cook pled “no contest” in exchange for a 20-year sentence and was released from prison for time-served.
Following an alternate suspect’s recantation of his false testimony, the trial court held hearings regarding a “Stipulation and Settlement Agreement” between the state and Mr. Cook in 2016.
On August 16, 2016, the trial court recommended Mr. Cook be granted relief based on the false testimony but found that the new evidence did not prove his innocence.
“Marked by bookends of deception spanning over 40 years,” the Texas Court of Criminal Appeals has now found Mr. Cook to be innocent.
“The State merely has to prove guilt beyond a reasonable doubt—which the State could never achieve in this case. Cook should therefore not have to prove his innocence beyond all doubt,” stated the majority opinion, authored by Judge Bert Richardson.
“After being incarcerated on death row for almost twenty torturous years, we hold that Cook has met the burden required for actual innocence and relief is hereby granted.”
Mr. Cook’s case was marred by multiple acts of prosecutorial and police misconduct, including the initial failure of the state to disclose a deal a “jailhouse snitch” received in exchange for testimony – a detail only disclosed 14 years after testimony was provided; the destruction of a human hair containing potentially exculpatory DNA evidence, despite a pending DNA testing request by the defense; and false and misleading testimony by Sargent Collard, deemed a fingerprinting expert, who was pressured by the District Attorney.
The opinion outlines the numerous acts of misconduct in the case, stating that “[s]everal actions of the State go beyond gross negligence and reach into the realm of intentional deception against the tribunal.”
In our ongoing research, the Death Penalty Information Center has also identified the exoneration of David Roeder, who was convicted and sentenced to death for his role in the robbery and murder of three people in Texas. In 1989, prosecutors dismissed all charges against Mr. Roeder, who is the 199th exonerated death-sentenced prisoner in DPIC’s Innocence Database.
The entire post can be read at:
texas-court-of-criminal-appeals-finds-kerry-max-cook-actually-innocent-46-years-after-his-original-conviction
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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