Courts in Texas clear man's conviction for 1977 murder following nearly 20 years on death row.
"Judge Bert Richardson penned a scathing opinion in court, accusing the authorities of misconduct that called for a reversal of applicant Kerry Cook's conviction. The court's opinion, delivered on a Wednesday, pointed out evidence favorable to Cook was hidden, and some of the evidence presented in his initial 1978 trial found to be fabricated.
The case, spanning three trials and various appeals, even reaching the US Supreme Court, alleged Cook was responsible for the 1977 rape, murder, and mutilation of Edwards in Tyler, Texas. Edwards' roommate, Paula Rudolph, discovered her lifeless body in her bedroom, and Cook, a neighbor, became a prime suspect due to matching fingerprints found on Edwards' sliding patio door.
However, scientific analysis and expert testimony discredited the claim that the fingerprints on the patio door were fresh.
Cook was initially sentenced to death in 1979 but had his conviction overturned on appeal. The second trial in 1992 ended as a mistrial due to the jury failing to reach a unanimous verdict. The third trial in 1994 resulted in a new conviction and death sentence, which was later reversed by the Texas Court of Criminal Appeals in 1996 due to police and prosecutor misconduct.
In 1999, DNA testing on Edwards' underwear did not match Cook's.
Edward Scott Jackson, an inmate at Smith County Jail and a key witness in Cook's first trial, testified Cook had confessed to the murder. However, Jackson later recanted his statement, admitting he lied in exchange for a reduced sentence.
Before the fourth trial in 1999, the state offered Cook a plea deal for murder. Sentenced to 20 years and given credit for time served, Cook was released. Yet, his conviction stood.
Despite it all, Cook maintained his innocence and has now been officially declared innocent of Edwards' murder.
"Kerry endured an immense ordeal for nearly 50 years, and there's no way to restore what was lost," said Glenn Garber, one of Cook's attorneys, in a statement to CNN.
"This decision vindicates his name and exposes the State's relentless and egregious misconduct," Garber added. "It's crucial for the people of Tyler, Smith County, and the world to comprehend this injustice and realize it was always a troubling witch hunt by state officials."
CNN attempted to reach out to the office of Smith County District Attorney Jacob Putman for comment, who took office in 2019. The appeals court ruling stated it did not hold current prosecutors accountable for the past events in this case.
At 68 years old, Cook is among at least 199 people who were falsely convicted and sentenced to death since 1973, according to the Death Penalty Information Center. Capital punishment remains legal in 27 states."
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The court's decision to clear Cook's conviction was a significant victory for him and his legal team, as they had been fighting for his innocence for nearly 20 years. After being on death row, the US justice system finally recognized the misconduct that led to his conviction.
This ruling has not only vindicated Cook's name but also highlighted the egregious misconduct of the authorities involved in his case, as stated by his attorney, Glenn Garber.
