Kerry Max Cook confers with attorneys following the court's announcement of an agreement that sets aside his conviction for a 1977 murder. (Roy Maynard/Tyler Morning Telegraph)

1. Kerry Max Cook hearing set to begin Monday
2. The Agreement (PDF)
3. Judge recommends against ruling Kerry Max Cook ‘actually innocent’

Kerry Max Cook’s conviction for the murder of Linda Jo Edwards in 1977 will be set aside, as part of an agreement between Cook’s attorneys and the Smith County District Attorney’s Office.

But the agreement stipulates that Cook will still seek an affirmative finding of “innocent,” which is a step further in exonerating him for the crime that sent him to death row for more than 20 years. It also would make him eligible for reparations from the state of up to $1.6 million.

The surprise agreement was announced on Monday in the 114th District Court, with visiting Judge Jack Carter, of Texarkana, presiding.

After the agreement was announced, Jimmy Edwards, brother of Linda Jo Edwards, released a statement to the Tyler Paper saying the family is disappointed.

“We remain convinced of Cook’s guilt and are hopeful the court won’t allow him to profit from Linda’s death,” the statement said.

The body of Edwards, 21, was found on the morning of June 10, 1977, in her apartment on Old Bullard Road. She had been beaten in the head with a plaster statue, stabbed in the throat, chest and back more than 25 times and sexually mutilated. 

Cook was implicated in the crime after his fingerprint was found on Edwards’ patio door, but he maintains another man was responsible for the crime – former college dean James Mayfield, with whom Edwards was having an affair.

The agreement reached Monday is based on Ground 5 of Cook’s writ, which says Cook’s rights “were violated by the presentation of false testimony from Mayfield.”

Project Innocence of Texas attorney Gary Udashen said Smith County District Attorney Matt Bingham offered Mayfield immunity from prosecution, and with that promised immunity, Mayfield admitted he lied to prosecutors, police, attorneys and to the court numerous times.

“Attorneys were able to convince Mr. Mayfield to give information that he didn’t tell truth in the trials,” Udashen explained. “He told the prosecutors things that weren’t true. That forms the basis of the agreement that the conviction should be set aside.”

Udashen said the agreement was reached with the cooperation of Bingham’s office.

“We deal with these kinds of cases and deal with district attorneys all around the country,” he said. “The ability for justice to be done often rests on the willingness of the DA’s office to work with us.”

Judge Carter announced a hearing schedule for the remaining matter, the finding of actual innocence. Any further documents are due to the court by June 17. Any responses or objections are due June 23. And a hearing on the matter will be held in the 114th on June 29.

“I want to commend the attorneys for working together on this, because honestly this is a difficult situation to resolve,” Carter said.

If he’s fully exonerated, Cook could be eligible to receive reparations from the state of up to $1.6 million, or $80,000 for every year he spent in prison.

The Court of Criminal Appeals actually has the final say, because it must enter an order granting the writs.

Twitter: @tmt_roy