A Tyler man, hoping to clear his name of a 1977 rape and murder, has filed new paperwork against the Smith County District Attorney's Office.
In his latest motion, Kerry Max Cook is asking a Smith County judge to strike statements he says prosecutors incorrectly made in recent hearings. Cook has asked for a judge outside of Smith County to preside over his case. He says Smith County cannot be impartial to him.
Last year, a visiting judge ruled the case did not need to be moved from Smith County.
In 2012, Cook and his attorneys filed a motion requesting more forensic DNA testing on evidence collected from the original crime scene. Cook's attorneys say that evidence could clear him of the crime, however they believe the chain of custody for some of the items has been broken.
In 1999, Cook walked off death row in a plea agreement. He pleaded no contest to the murder and was released on time served. However, the murder conviction has remained on his record.
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