In a motion filed Thursday, Kerry Max Cook's attorneys say further conversations with the Smith County District Attorney's office have determined it was a Tyler Police sergeant, not a Smith County prosecutor who kept evidence as a "souvenir."
Cooks attorneys write, "On May 1, , Mr. West was quoted as saying he was 'misheard' by the Court and Mr. Cook's attorneys... and that it was former Tyler Police Sergeant Eddie Clark who took the evidence in Mr. Cook's Case."
Monday, Cook's attorneys submitted a motion stating Smith County Assistant District Attorney Mike West told them it was former Smith County District Attorney A.D. Clark, III who had improperly kept evidence. The evidence Cook's attorneys are referring to consists of the murder weapon and a slide of Cook's hair.
In the latest motion, Cook's attorneys write, "That it may have been a police detective rather than a former District Attorney that kept this evidence as 'souvenirs' is of no matter; it is illegal, unethical and yet another example of misconduct in either instance."
In April, a judge granted Cook's request to have more DNA testing conducted on evidence that he says can exonerate him of the crime. Now, Cook has requested a hearing to resolve issues regarding possible contamination of the evidence from his case.
Monday, May 20 2013 2:32 PM EDT2013-05-20 18:32:29 GMT
A Wichita, Kansas television station was forced to evacuate while on the air as a massive tornado touched down nearby. NBC affiliate KSNW meteorologist J.D. Rudd saw that the tornado was headed straightMore >>
A Wichita, Kansas television station was forced to evacuate while on the air as a massive tornado touched down nearby.More >>
Monday, May 20 2013 10:43 PM EDT2013-05-21 02:43:27 GMT
Longview police say that an officer is in the hospital after a shooting.Police tell KLTV 7 it happened just before 8:30 Monday evening. Details are still unclear, but several police officers were tryingMore >>
Stretch of Highway 80 closed while police investigate crime scene.More >>
Tuesday, May 21 2013 2:01 AM EDT2013-05-21 06:01:07 GMT
(RNN) – A day after long track tornadoes devastated Shawnee and Edmond, OK, another round has begun near Oklahoma City.KOCO broadcast a slow rotating cloud that slowly extended down towards the groundMore >>
At least 51 have died in a storm the National Weather Service described as large and violent.More >>
An Oregon girl abducted as a baby and missing for 18 years finally emerged in Dallas this week when her mother turned herself in to authorities, according to the Polk County Sheriff's Department. More >>
An Oregon girl abducted as a baby and missing for 18 years finally emerged in Dallas this week when her mother turned herself in to authorities, according to the Polk County Sheriff's Department.More >>