New motion alleges sergeant, not prosecutor, kept 35 year old murder weapon

Published: May. 4, 2012 at 7:23 PM CDT|Updated: May. 18, 2012 at 7:45 PM CDT
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TYLER, TX (KLTV) - 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, [2012], 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."

[Click here to view the latest motion filed (PDF)]

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.

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