Posted 2:24 pm Friday, December 21, 2012
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Appeals Court OKs judge to decide on use of DNA evidence in Cook case
The 12th Court of Appeals has ruled that Smith County Judge Christi Kennedy will be the one to rule on whether or not DNA testing can be performed on evidence in the decades-old Kerry Max Cook murder case, including a knife and a hair sample that had been kept at the home of Eddie Clark, a Tyler police sergeant .
The ruling was issued on Thursday.
Defense attorneys for Cook had argued on Nov. 1 that before the Court of Appeals that the evidence in Clark's possession had not been properly preserved.
