Kerry Max Cook wants outside judge to hear exoneration case

Published: Mar. 7, 2012 at 10:36 PM CST|Updated: Mar. 7, 2012 at 10:56 PM CST
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TYLER, TX (KLTV) - Attorneys for Kerry Max Cook have filed more paperwork in preparation for a judge to hear whether or not he should be declared exonerated.

Cook entered a "no contest" plea deal in 1999, but the 1977 murder of Linda Jo Marshall remains on his record. Cook is hoping with more DNA testing, that can be wiped off of his record for good.

Documents filed in Smith County on Wednesday afternoon request the case of deciding whether or not to exonerate Cook should be heard from another judge. Click here to read those documents.

Cook's attorneys said due to the other district judge's past with this trial, 114th District Judge Christi Kennedy should not be forced to tackle such a case that has ties to her fellow judges and their families.

Cook's legal team also requests the exoneration case be heard by a judge outside of Smith County.

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