SMITH COUNTY, Texas (TXAN 24) — Kerry Max Cook, once wrongfully convicted of the murder, rape and mutilation of 21-year-old Texas woman, has now officially been exonerated by the state of Texas and now awaits Smith County’s final move to right their wrongs.
On Friday, September 13, 2024, Cook and his legal team filed a Motion to Dismiss the 1977 indictment against him in Smith County’s 114th Judicial District Court, seeking final justice after nearly five decades of wrongful prosecution.
The motion comes after the Texas Court of Criminal Appeals ruled earlier this year that Cook was, in fact, innocent, citing decades of prosecutorial misconduct, fabricated evidence, and perjured testimony.
Despite the state's highest criminal court confirming Cook's innocence, Smith County has yet to officially dismiss the charges. Cook’s attorneys, led by Keith S. Hampton and the Exoneration Initiative, argue that Smith County’s refusal to act prolongs a gross miscarriage of justice.
In their motion, they called on the court to dismiss the indictment with prejudice, stating that “Smith County has already stolen Mr. Cook’s entire adult life” and that continuing to hang the indictment over his head serves no purpose other than to harass and abuse an innocent man.
The motion also stresses that the only path forward is for Smith County to right the wrongs of previous generations of district attorneys. After 47 years of legal battles, Cook and his team urge the court to end the charade and officially clear his name, putting to rest one of the most egregious cases of wrongful conviction in Texas history.
The CCA found Actual Innocence and is said to be one of the worst cases of “Police & prosecutorial misconduct in America.”
His story is featured in a John Grisham book hitting book stands on October 8th this year.
Cook’s Dallas Morning News best-selling book — Chasing Justice — can be found on Amazon at this link or purchased directly from him.
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