Kerry Max Cook (born 1956) is an American former
death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting executio ...
inmate who was wrongfully convicted and sentenced to
death
Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ...
for the rape and murder of 21-year-old Linda Jo Edwards in 1977. On June 19, 2024, the Texas Criminal Court of Appeals determined that he was actually innocent, citing a litany of prosecutorial misconduct and errors.
Biography
Kerry Max Cook was born in
Stuttgart
Stuttgart (; ; Swabian German, Swabian: ; Alemannic German, Alemannic: ; Italian language, Italian: ; ) is the capital city, capital and List of cities in Baden-Württemberg by population, largest city of the States of Germany, German state of ...
,
West Germany
West Germany was the common English name for the Federal Republic of Germany (FRG) from its formation on 23 May 1949 until German reunification, its reunification with East Germany on 3 October 1990. It is sometimes known as the Bonn Republi ...
, and moved to Texas with his family in 1972. He served over 20 years in a Texas prison on death row. Since his release, he has become an activist against the death penalty, speaking across the United States and in Europe.
Cook wrote ''Chasing Justice'', which was published by
HarperCollins
HarperCollins Publishers LLC is a British–American publishing company that is considered to be one of the "Big Five (publishers), Big Five" English-language publishers, along with Penguin Random House, Hachette Book Group USA, Hachette, Macmi ...
in 2008, that details his conviction, the widespread prosecutorial abuses which led to it, and the battle to prove his innocence. ''Chasing Justice'' was nominated for the
Edgar Award
The Edgar Allan Poe Awards, popularly called the Edgars, are presented every year by the Mystery Writers of America which is based in New York City. Named after American writer Edgar Allan Poe (1809–1849), a pioneer in the genre, the awards hon ...
by
Mystery Writers of America
Mystery Writers of America (MWA) is a professional organization of mystery and crime writers, based in New York City.
The organization was founded in 1945 by Clayton Rawson, Anthony Boucher, Lawrence Treat, and Brett Halliday.
It presents the E ...
. He was awarded a
Soros Justice Fellowship to write the book. In an advance blurb for the memoir, former FBI Director and Federal Judge
William S. Sessions
William Steele Sessions (May 27, 1930June 12, 2020) was an American attorney and jurist who served as a United States federal judge, United States district judge of the United States District Court for the Western District of Texas and the four ...
noted, "Kerry Max Cook has written a brutal but compelling account of his 22 years on Texas’s death row for a murder he did not commit. The book depicts his struggles against all odds to free himself from an inept justice system that would not let go, despite mounting and eventually overwhelming evidence of his innocence. What is perhaps most amazing is the grace with which he now lives his life as a free man, determined to prevent others from suffering the horrors he endured."
Cook is one of six people whose stories were dramatized in the play ''
The Exonerated'' by Eric Jensen and
Jessica Blank. This details how each individual was convicted of murder and sentenced to death, in addition to their exoneration after varying years of imprisonment. Cook often personally participates in the play. ''The Exonerated'' has been made into a film, which first aired on the CourtTV cable television station on January 27, 2005. Kerry Cook is portrayed by
Aidan Quinn
Aidan Quinn (born March 8, 1959) is an Irish-American actor. He made his film debut in '' Reckless'' (1984), and has starred in over 80 feature films, including ''Desperately Seeking Susan'' (1985), '' The Mission'' (1986), '' Stakeout'' (1987) ...
in the film. At the end the film fades from the actor to Cook himself who talks about his experience, his family and his book writing.
Cook and his lawyer Marc McPeak filed a motion to perform DNA tests on physical evidence found at the murder scene. McPeak also filed a motion to recuse Judge Jack Skeen, the former district attorney who prosecuted Cook's first two trials, as Skeen would be the one to hear the DNA-testing motion. On April 9, 2012, Administrative Judge John Ovard of Dallas granted Cook's request for DNA testing but denied his plea to move the case out of Smith County, where prosecutors who originally tried his case were found by the Texas Court of Criminal Appeals to have committed "egregious prosecutorial misconduct." Cook's battle to clear his name has been taken up by the online petition site
Change.org
Change.org is a website which allows users to create and sign petitions in an attempt to advance various social causes by raising awareness and influencing decision-makers. The site is a US-based for-profit company and claims to have 551 million ...
.
On June 6, 2016, prosecutors agreed to drop the charges against Kerry Max Cook; this was motivated in part by James Mayfield's admission that he had lied about not having sex with the victim for weeks.
On June 19, 2024, Cook was officially declared innocent by the Texas Court of Criminal Appeals, 46 years after his journey through the Texas justice system began.
On November 14, 2024, Cook filed a lawsuit against the City of Tyler, Smith County, and multiple current and former law enforcement officials over "violations of due process, malicious prosecution, destruction of evidence, and conspiracy" relating to his conviction
[ ]
See also
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List of wrongful convictions in the United States
This list of wrongful convictions in the United States includes people who have been legally exonerated, including people whose convictions have been overturned or vacated, and who have not been retried because the charges were dismissed by the s ...
References
Further reading
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{{DEFAULTSORT:Cook, Kerry Max
Overturned convictions in the United States
Living people
1956 births
American people wrongfully convicted of murder
American prisoners sentenced to death
People from Stuttgart
People convicted of murder by Texas
Prisoners sentenced to death by Texas