Kerry Max Cook looks over to family members in the courtroom during his hearing requesting a determination of actual innocence July 1, 2016 in the Smith County Courthouse 114th District Court. (Tyler Morning Telegraph File)

Kerry Max Cook, who was found innocent of a 1977 Tyler murder, wants to dismiss the original indictment against him for the crime a court declared he did not commit.

In an effort to stop any further prosecution against Cook, his lawyer on Sept. 13 filed a request to dismiss the indictment against a person who is actually innocent. Despite the Texas Court of Criminal Appeals in June declaring Cook innocent of the 1977 rape and brutal murder of 21-year-old Linda Jo Edwards, an indictment against Cook remains. This could allow the prosecution to reopen the case, leading Cook’s attorney to seek its dismissal to ultimately close the door on decades of false allegations.

In the June ruling declaring Cook’s actual innocence, the Texas Court of Criminal Appeals found instances of prosecutorial misconduct, proof of false testimony, admissions of perjury and new scientific evidence. The ruling fully exonerated Cook, who wrongfully spent 20 years on death row for the crime.

The dismissal document states the court found that Smith County could never prove its case against Cook beyond a reasonable doubt.

“The indictment against him can therefore have no purpose but to continue to intentionally harass and abuse an innocent man,” the document reads.

The motion claims the Smith County District Attorney’s Office has not requested a dismissal of Cook’s indictment. It is the court’s responsibility to “end to this grotesque charade,” Cook’s lawyer said in the motion.

Misconduct from Smith County and the delays its misconduct has made it impossible for Cook to receive a fair and speedy trial, the motion states. Cook experienced “ extreme physical abuse and psychological trauma by other inmates” while on death row because of the wrongful conviction, his layer states in the filing.

Cook believes the indictment against him remains an “intolerable justice.”

Cook’s first conviction in 1978 was overturned in 1991, and a second trial in 1992 ended in a mistrial. A third trial in 1994 resulted in a new conviction and death sentence. However, the Texas Court of Criminal Appeals reversed this verdict in 1996, citing misconduct by police and prosecutors.

In 1999, the Smith County district attorney planned a fourth trial but ultimately reached a plea deal that released Cook from prison while maintaining his conviction. Until 2024, Cook remained classified as a murderer by the Texas justice system.

After his release, Cook, now 68, became an international keynote speaker “making a difference in the lives of others around the world as an ambassador for hope and determination.” In addition to inspiring others through his speaking engagements, Cook is an author of best-seller “Chasing Justice,” a facilitator, media consultant, law school presenter, and “an expert on teaching everyone to believe in their dreams and never give up.”

The Cook case and all its complexities has drawn national attention and is referred to as one of the America’s most notable capital murder cases of the last 50 years.

Justice still eludes for Edwards, who was working as a secretary and living in a Tyler apartment at the time of her murder.

Cynthia Edwards, the wife of Linda Jo’s brother Jimmy, previously told the Tyler Morning Telegraph she’s glad an innocent man is no longer being accused of the crime, but it also means the real killer got away.

She said Cook earned his freedom. She acknowledged the negative impact the murder had on her husband’s family but thinks about how Cook’s family must have felt all these years, too.

“Something didn’t go right. They had the wrong man all these years,” Cynthia Edwards said. “They sentenced him to death … Two innocent people could have [been killed].”

Cynthia Edwards said when Cook was initially convicted, the family believed he was guilty. However, as years passed and with the innocent ruling, now they think there is someone else who’s responsible for the murder.

There are many unanswered questions about what happened to the young woman, but those may never be resolved since key players have died and evidence has degraded.

Acquaintances described Linda Jo Edwards as a lovely, responsible and professional young woman. Cynthia Edwards said the family hopes the case is reopened and investigated so justice can be served for the young woman, who tragically lost her life at the hands of a unknown killer.