The Texas Court of Criminal Appeals exonerated Kerry Max Cook in the 1977 murder of Linda Jo Edwards in an 8-1 decision released June 19, but not all of the majority agreed he is actually innocent.

In a concurring opinion, presiding Judge Sharon Keller agreed that Cook should receive a new trial, but did not support total exoneration. Judge Mary Lou Keel concurred.

Judge Kevin Yeary cast the lone dissenting vote — agreeing with Keller’s opinion that Cook failed to demonstrate actual innocence, but concluded Cook is not entitled to a new trial.

Cook’s 1978 conviction was overturned in 1991. Since then, the case involved a mistrial, another conviction, another reversal, and a plea agreement before his conviction was set aside in 2016.

“This case is riddled with allegations of State misconduct that warrant setting aside Applicant’s conviction,” Judge Bert Richardson wrote in the majority opinion. “And when it comes to solid support for actual innocence, this case contains it all — uncontroverted Brady violations, proof of false testimony, admissions of perjury, and new scientific evidence.

It is alarming that for more than four decades some of those charged with pursuing justice for Linda have actually obstructed the search for the truth of what really happened that night.”

Keller, however, contends Cook failed to satisfy the required standard to prove actual innocence. Under Texas law, Cook must show “by clear and convincing evidence that no reasonable juror would have convicted him in light of new evidence.”

Keller cited four pieces of evidence she said that would allow a reasonable juror to find Cook guilty. That evidence consists of:

• Testimony of reserve sheriff’s deputy Robert Wickham who testified Cook confessed to the crime.
• Testimony of Paula Rudolph, who identified Cook as the man she saw in the apartment the night of the murder.
• Cook’s fingerprints that showed he had to have been inside the apartment.
• Cook initially lied about knowing the victim.

“I think all of this evidence together is at least minimally sufficient for a reasonable juror to find Applicant [Cook] guilty,” Keller wrote.

NOTE: I will posting more details as I attempt to digest the details