To my shock — and evidence of this Judge’s ties to all those who are responsible for my wrongful convictions and obvious overwhelming bias against me — Smith County Judge Christi Kennedy GRANTED the Smith County DA’s office Motion to test the knife and other mysterious evidence despite the broken chain of custody.
In her two-page order granting the DA’s Motion, Judge Kennedy didn’t even allude to any of our legal challenges to the broken chain of custody and ruled in the DA’s favor without so much as a Hearing to prove our indisputable legal arguments that the murder weapon was taken illegally from the Evidence Room with a lock of my hair in, clearly breaking the chain of custody. If someone was looking for evidence that Smith County and Judge Kennedy just wants to sweep this case under the carpet, this would be Exhibit A. Or, more accurately, I think we’re up to Exhibit W, X, Y or Z by now.
All of this is happening to me under cover of darkness, as the Texas media or national media is not covering my nightmare.
Here is the our Reply to State’s RESPONSE to our Motion to Strike blow.
This is Smith County Judge Christi Kennedy’s sweeping ORDER granting the prosecutors whatever they want in Tyler.
This is our recent “Motion to Strike” filed in the 114th District Court of Smith County, before Judge Christi Kennedy. This Motion was filed in response to incredible misconduct due to deliberate misrepresentation of “evidence” in the Texas legal process by members of the Smith County District Attorney’s Office in Tyler, Texas.
….Scars remind us of where we’ve been…they don’t have to dictate where we’re going.
My name is Kerry Max Cook. I am the author of CHASING JUSTICE: My story of freeing myself after two decades on Death row for a crime I didn’t commit.
Book Review of CHASING JUSTICE:
“In one of the worst examples of police and prosecutorial misconduct in American history, Kerry Cook was put to trial with coached prosecutorial witnesses, junk ‘expert testimony’ about the “age” of the fingerprint, and suppressed exculpatory evidence that would have supported the innocence of the accused. The state declared that Kerry Cook was a repressed homosexual (at a time in the ’70′s when homosexuality was viewed as a mental illness, and in a rural deeply conservative East Texas community, no less) who raped and butchered a female out of repressed homosexual rage — a theory, incredibly, prosecutors clung to for nearly FOUR Capital Murder trials during two decades of persecution and re-trials in the 1990s….”
For over two decades, I battled a corrupt small town in Texas called Tyler; its newspaper, disgraceful trial Judges, rogue prosecutors, a scandalous, result-oriented Texas Court of Criminal Appeals, robotical prison officials devoid of humanity, and dangerous inmates in a hyper-vigilant, all-encompassing theater of madness called Texas Death Row. From 19 until the age of 42, I endured a Kafkaesque nightmare that saw me arrested, indicted, and put on trial separately nearly FOUR times.
“…It shall be the primary duty of the District Attorney’s Office to not merely seek to convict, but to see that justice is done (Texas Code of Criminal Procedure)…”
Kerry Cook vs. Texas is known as the worst example of documented police and prosecutorial misconduct in Texas history. John Grisham wrote, “If it were fiction, no one would believe it….”
Texas Monthly, the National Magazine for Texas, called my battle against Smith County prosecutors, “a hellish tour.”
Human Rights Watch, a global watchdog for human rights violations, called me the most brutalized inmate ever confined to an American prison institution.
I was once called the most persecuted man in America (Houston Chronicle). I was 19-years old when I was arrested for the rape and murder of a 21-year-old Tyler, Texas woman named Linda Jo Edwards . In 1978 I was tried, convicted and sentenced to death. My conviction was rejected and returned for another trial 15 years later. Despite additional documented police and prosecutorial misconduct by elected Smith County District Attorney Jack Skeen, Chief Felony Prosecutor, First Assistant, David E. Dobbs, the second jury, after several days of deliberations, was unable to reach a verdict and mistrial was GRANTED, with a jury vote of six for acquittal, six for conviction. Jack Skeen and David Dobbs tried me a third time a year later and persuaded the jury to convict me based on “fraudlent evidence,” as the highest Court would later find in tossing out the second 1994 conviction and death sentence.
After spending over two decades on death row raped and brutalized, steadfastly maintaining innocence, I faced prosecutors who, as the Houston Chronicle wrote in a story called Justice Under Fire, Smith County prosecutors had a “Win-at-all-cost mentality” and would stop at nothing to make me appear responsible for a crime I didn’t commit. Even after the Texas Court of Criminal Appeals – - said in throwing out the second 1994 trial and conviction under Skeen/Dobbs that my arrest, trial(s) and conviction(s) were only gained by “fraud” and through the use of “fraudulent tactics” – - that a jury would have found me innocent without this fraud – - Jack Skeen vowed to try me a fourth time and said he wouldn’t stop until I was back on death row and executed.
Despite Jack Skeen’s public posture, secretly he offered deals to try and avert a fourth trial: Plead No Contest, with absolutely no admission of guilt, agree to be set free with a conviction, and walk away a free man. Facing the prospect of being tried by Skeen/Dobbs again, the same trial judge who made insane rulings, plus being put to trial with much of the same “fraudulent evidence,” perjured testimony, while continuing to suppress any/all documented exculpatory evidence to dispute the known perjury, I accepted the advice of his defense team and entered an Alford-like No Contest plea with no admission of guilt to avoid the possibility of a THIRD wrongful conviction and execution in a legal system I knew was horribly flawed and ready to let me die. Two months later, a Law Enforcement Crime Lab released the results of a semen stain from the rape and murder. The results proved exactly what I had spent the last two decades proclaiming – - I was innocent and I had been made to appear guilty only through police and prosecutorial misconduct. The Texas criminal justice system continues to fail me, as I remain convicted.
Today, I am the best-selling author of CHASING JUSTICE – - an EDGAR ALLAN POE AWARD Finalist for “BEST FACT CRIME” – - a law school presenter, a CLE instructor, Life Sentence & Mitigation Consultant, and an expert on attorney-client relations. A segment of my story is also told in the New York, hit off-Broadway play, The Exonerated. I am a father of a wonderful ten-year-old son. His name is Kerry Justice Cook. I call him K.J.